justicedao/ipfs_state_laws huggingface dataset:
123-047-0085 Reporting Requirements (1) Every recipient of financial assistance from a Broadband Program must comply with reporting requirements provided in the financing contract and these rules. (2) Broadband Program financial assistance recipients shall report the following at the frequency provided in the financing contract: (a) Status regarding the completion of the project; (b) Reporting, tracking, and documentation of incurred costs and expenses. Recipients receiving financial assistance on a reimbursement basis shall submit individual receipts and documentation when requesting reimbursement from the Department. Recipients receiving financial assistance in a lump sum or advance payment shall submit expenditure reports with individual receipts and documentation for Department review. (c) If applicable, the contents, progress, and outcomes of any requests for proposals published by a recipient in search of professional assistance in performing tasks necessary to satisfy the terms of a financing contract. (d) Upon request, recipients shall produce or make available for inspection by the Department, any other reports or records necessary for the Department to ensure responsible use of funds. (3) Broadband Service Infrastructure Program financial assistance recipients shall report the geographic area and the locations that are proposed to be served by the project as a condition to disbursement of financial assistance. Broadband Service Infrastructure Program financial assistance recipients shall report the geographic area and the locations served at the completion of the project and at other times as may be required by the financing contract. Statutory/Other Authority: ORS 285A.075, ORS 285A.166, Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603), 2022 Oregon Laws, chapter 60 & Oregon Laws 2023, chapter 338 (HB 3201) Statutes/Other Implemented: Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603), 2022 Oregon Laws, chapter 60 & Oregon Laws 2023, chapter 338 (HB 3201) History: OBDD 30-2023, adopt filed 11/14/2023, effective 11/14/2023
123-047-0087 Registry of Telecommunication Providers and Statewide Broadband Map (1) The Department will develop and maintain a registry of telecommunications providers (as that term is defined in ORS 184.911) in the state that includes broadband service providers. Any telecommunications provider wanting to receive notifications of Broadband Service Infrastructure Program applications must register with the Department. (2) The Department will publish and maintain a Statewide Broadband Map (“Map”). The Map will be used to identify locations that would be benefited by a Broadband Service Infrastructure Program project when required for compliance. (3) The Map may be used to illustrate broadband speed availability and depict areas eligible for Broadband Service Infrastructure Program financial assistance. Statutory/Other Authority: ORS 285A.075, ORS 285A.166, Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603), Oregon Laws 2021, chapter 524, Oregon Laws 2022, chapter 60 & Oregon Laws 2023, chapter 338 (HB 3201) Statutes/Other Implemented: Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603), Oregon Laws 2021, chapter 524, Oregon Laws 2022, chapter 60 & Oregon Laws 2023, chapter 338 (HB 3201) History: OBDD 30-2023, adopt filed 11/14/2023, effective 11/14/2023
123-047-0090 Broadband Technical Assistance Program (BTAP)—Purposes and Objectives The Broadband Technical Assistance Program will provide Technical Assistance grants and loans utilizing Universal Service Fee funds transferred by the Public Utility Commission to the Broadband Fund. The objective of the program is to support and promote local and regional broadband planning efforts as they develop broadband investment and deployment strategies for unserved and underserved areas. Statutory/Other Authority: ORS 285A.075, ORS 285A.166, Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603), Oregon Laws 2023, chapter 338 (HB 3201) & ORS 184.925 Statutes/Other Implemented: Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603) & Oregon Laws 2023, chapter 338 (HB 3201) History: OBDD 30-2023, adopt filed 11/14/2023, effective 11/14/2023
123-047-0095 Broadband Technical Assistance Program (BTAP)—Handbook The Broadband Technical Assistance Program Handbook, with the requirements and standards therein, is incorporated into and adopted as part of this division of administrative rules by reference and has application to the solicitation, review of applications, award and documentation of Broadband Technical Assistance Program grants and loans once the handbook is completed and effective as a rule. The handbook may be accessed online on the Department’s website when the handbook is effective. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 285A.075, ORS 285A.166, ORS 184.925, Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603) & Oregon Laws 2023, chapter 338 (HB 3201) Statutes/Other Implemented: Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603) & Oregon Laws 2023, chapter 338 (HB 3201) History: OBDD 7-2024, amend filed 04/26/2024, effective 04/26/2024 OBDD 31-2023, temporary amend filed 11/20/2023, effective 11/20/2023 through 05/17/2024 OBDD 30-2023, adopt filed 11/14/2023, effective 11/14/2023
123-047-0100 Broadband Equity, Access, and Deployment (BEAD) Program—Purposes and Objectives The federal Broadband Equity, Access, and Deployment (BEAD) Program, established under 47 U.S.C. 1702, will provide funding to Oregon. The Department will use a portion of the funds to establish a state broadband deployment program that provides grants towards the costs of physical broadband infrastructure . Statutory/Other Authority: ORS 285A.075, ORS 285A.166, Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603) & Oregon Laws 2023, chapter 338 (HB 3201) Statutes/Other Implemented: Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603) & Oregon Laws 2023, chapter 338 (HB 3201) History: OBDD 30-2023, adopt filed 11/14/2023, effective 11/14/2023
123-047-0105 Broadband Equity, Access, and Deployment (BEAD) Program—Handbook (1) The Department will not publish and adopt as a rule a separate Program Handbook for the BEAD Program. (2) Applicants for the Broadband Equity, Access, and Deployment (BEAD) Program shall comply with the following requirements (collectively, “BEAD Program Requirements”): (a) 47 U.S.C. 1702 (2021); (b) the Broadband Equity, Access, and Deployment Program Notice of Funding Opportunity (NOFO) requirements issued by the National Telecommunications and Information Administration (“NTIA”) in May 2022; (c) the State of Oregon’s BEAD Program Initial Proposal (Volume 1) as approved by the NTIA; (d) the State of Oregon’s BEAD Program Initial Proposal (Volume 2) as approved by the NTIA (required by the NOFO); and (e) the State of Oregon’s BEAD Program Final Proposal when approved by NTIA (required by the NOFO). (3) The BEAD Program Requirements and standards therein, are incorporated into and adopted as part of this division of administrative rules by reference and have application to the solicitation, review of applications, award and documentation of BEAD Program grants and loans. The BEAD Program Requirements may be accessed online on the Department’s website. (4) In addition to the eligible applicants provided for in OAR 123-047-0045 (1), eligible applicants for the BEAD Program include those authorized by 47 U.S.C. 1702, including cooperatives, public-private partnerships, private companies, public or private utilities, local governments (including any unit, subdivision, authority, or consortium of local governments) and public utility districts. Statutory/Other Authority: ORS 285A.075, ORS 285A.166, ORS 184.925, Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603) & Oregon Laws 2023, chapter 338 (HB 3201) Statutes/Other Implemented: Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603) & Oregon Laws 2023, chapter 338 (HB 3201) History: OBDD 19-2024, amend filed 07/30/2024, effective 07/30/2024 OBDD 6-2024, temporary amend filed 04/10/2024, effective 04/11/2024 through 10/07/2024 OBDD 30-2023, adopt filed 11/14/2023, effective 11/14/2023
123-047-0110 Temporary rule language in effect until 07/31/2026. ARPA Capital Projects Fund —Purposes and Objectives The Coronavirus Capital Projects Fund (42 U.S.C. 804) will be used to fund the following two state programs: (1) A broadband deployment program that provides grants towards the costs of physical broadband infrastructure (“ARPA Capital Projects Fund Broadband Deployment Program”). (2) A digital connectivity technology program that provides grants to purchase and/or install devices and equipment to facilitate broadband internet access (“ARPA Capital Projects Fund Digital Connectivity Technology Program” or “Program” within its rule series). This Program is a broadband deployment infrastructure program and is not a Broadband Service Infrastructure Program as used in ORS 285A.180. Program grants shall not be used for “Physical broadband infrastructure” as that term is defined by rule in this OAR Chapter 123, division 47. This broadband Program aims to increase access to technology devices where affordability has been identified as a barrier to broadband adoption and use. Statutory/Other Authority: ORS 285A.075, ORS 285A.166 & ORS 285A.180 Statutes/Other Implemented: ORS 285A.180 & Oregon Laws 2025, chapter 616, section 10 History: OBDD 3-2026, temporary amend filed 02/04/2026, effective 02/04/2026 through 07/31/2026 OBDD 30-2023, adopt filed 11/14/2023, effective 11/14/2023
123-047-0115 ARPA Capital Projects Fund Broadband Deployment Program – Handbook The ARPA Capital Projects Fund Broadband Deployment Program Handbook, dated April 2025, with the requirements and standards therein, is incorporated into and adopted as part of this division of administrative rules by reference and applies to the solicitation, review of applications, award and documentation of ARPA Capital Projects Fund Broadband Deployment Program grants. The handbook may be accessed online on the Department’s website when the handbook is effective. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 285A.075, ORS 285A.166, ORS 184.925, Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603) & Oregon Laws 2023, chapter 338 (HB 3201) Statutes/Other Implemented: Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603) & Oregon Laws 2023, chapter 338 (HB 3201) History: OBDD 3-2025, amend filed 04/30/2025, effective 04/30/2025 OBDD 52-2024, temporary amend filed 11/27/2024, effective 11/27/2024 through 05/23/2025 OBDD 19-2024, amend filed 07/30/2024, effective 07/30/2024 OBDD 5-2024, temporary amend filed 03/15/2024, effective 03/15/2024 through 09/10/2024 OBDD 1-2024, amend filed 03/04/2024, effective 03/04/2024 OBDD 30-2023, adopt filed 11/14/2023, effective 11/14/2023
123-047-0125 Temporary rule language in effect until 07/31/2026. ARPA Capital Projects Fund Digital Connectivity Technology Program—Application Requirements (1) The Department will announce deadlines for submitting Program applications and provide the final evaluation criteria details in the funding notice. An application for a Program grant must be submitted to the Department by the applicable deadline in the form provided by the Department and must contain or be accompanied by such information and documentation as the Department requires in its funding notice for applications, generally called a request for grant applications (“RFGA”). (2) A Program application must be submitted by an Eligible Applicant. (3) The Department may provide technical assistance in understanding Program requirements to assist potential Program applicants in completing a competitive Program application. The Department will process and evaluate only completed applications. Statutory/Other Authority: ORS 285A.075, ORS 285A.166 & ORS 285A.180 Statutes/Other Implemented: ORS 285A.180 & Oregon Laws 2025, chapter 616, section 10 History: OBDD 3-2026, temporary adopt filed 02/04/2026, effective 02/04/2026 through 07/31/2026
123-047-0135 Temporary rule language in effect until 07/31/2026. ARPA Capital Projects Fund Digital Connectivity Technology Program—Financing Contracts (1) After approval of an application for a Program award for a project and issuance of a notice of intent to award, the Department shall promptly begin preparation and negotiation of a Financing Contract with the approved applicant, i.e. grant recipient. The Financing Contract will be in a form provided by the Department, and must include: (a) A project description; (b) Project performance standards expected of the grant recipient, including but not limited to compliance with federal Coronavirus Capital Projects Fund requirements and a deadline for project completion; (c) Project reporting requirements; (d) An approved project budget for project costs that are eligible for payment by Program funds; (e) Terms for grant disbursements, which shall be made in compliance with the approved budget, and which may be in a single payment or in multiple, conditional payments. The Grantee must submit each disbursement request on a Department-provided or Department-approved disbursement request form for Department review and approval; (f) Terms for repayment if the contract obligations of the grant recipient are not met during the period of the Financing Contract; and (g) Other provisions that the Department considers necessary or appropriate to implement the Program. (2) The Department may make grant disbursements to an award recipient only after entering into a binding Finance Contract with the award recipient. (3) If an event of a default occurs under a Financing Contract by an award recipient for a Program grant, any recovered funds by the Department may be used by the Department in accordance with the uses provided for in OAR 123-047-0110 and the terms of the federal award to the Department. Statutory/Other Authority: ORS 285A.075, ORS 285A.166 & ORS 285A.180 Statutes/Other Implemented: ORS 285A.180 & Oregon Laws 2025, chapter 616, section 10 History: OBDD 3-2026, temporary adopt filed 02/04/2026, effective 02/04/2026 through 07/31/2026
123-047-0145 Temporary rule language in effect until 07/31/2026. ARPA Capital Projects Fund Digital Connectivity Technology Program—Other Miscellaneous Grant Recipient Obligations (1) Program grant recipients shall comply with the following: Program funding notice; terms of the Financing Contract; this OAR Chapter 123, division 47 of administrative rules; and Program Guidance. As this grant Program is funded from the federal ARPA Capital Projects Fund, recipient shall also comply with all applicable federal requirements of the Program. (2) Program grant recipients may not impose or otherwise pass on a fee or cost to the end users in association with use of their project’s funded Permitted Devices or Permitted Equipment. (3) While Permitted Devices may be made available for use onsite (at a grant recipient’s location(s)) or may be made available to individuals through a lending program, ownership of a project’s Permitted Equipment and Permitted Devices must be maintained by the grant recipient for a term of five years. Subsequent use, transfer, or disposal must adhere to Program Guidance and applicable federal regulations. (4) A grant recipient’s project shall provide services or activities that directly enable work, education, and health monitoring for at least five years from the completion of the project. Statutory/Other Authority: ORS 285A.075, ORS 285A.166 & ORS 285A.180 Statutes/Other Implemented: ORS 285A.180 & Oregon Laws 2025, chapter 616, section 10 History: OBDD 3-2026, temporary adopt filed 02/04/2026, effective 02/04/2026 through 07/31/2026
123-047-0150 Temporary rule language in effect until 07/31/2026. ARPA Capital Projects Fund Digital Connectivity Technology Program—Records and Data Confidentiality (1) Unless otherwise exempt, documents; data and information regarding a Program applicant or recipient, proposed project or Program project in an application; application attachment; Financing Contract; semiannual report; or other related materials or communications provided to the Department, are all public records subject to disclosure under Oregon Public Records Law. (2) Section (1) of this rule applies notwithstanding a nondisclosure agreement between the provider and the Department, but such an agreement may nevertheless spell out data or information anticipated to be exempt under the Oregon Public Records Law, including but not limited to trade secrets as described in the public records law or confidential information under ORS 192.355(4), as may facilitate the Department’s reviews of later disclosure requests. (3) When providing items referenced in subsection (1) of this rule, the provider is encouraged to clearly denote data and information that the provider believes qualifies for an exemption from disclosure. To designate an item or portion of one as exempt from disclosure, the provider shall: (a) Clearly identify in the body of the application, application attachment, Financing Contract, report or other material only the limited data or information believed exempt; (b) Stipulate the Oregon Public Records Law exemption(s) or other exemption believed to apply; and (c) Provide justification for how each identified portion meets that exemption’s criteria. (4) The Department shall determine whether data or any information is actually exempt from disclosure and shall redact from disclosure only that data or information at the time of the request. (5) Program applicants and recipients are advised to consult with their own legal counsel regarding disclosure issues. Applicants may wish to limit the amount of actual trade secret or other data or information provided to the Department, submitting only what is necessary. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 192.355 History: OBDD 3-2026, temporary adopt filed 02/04/2026, effective 02/04/2026 through 07/31/2026
123-047-0155 Temporary rule language in effect until 07/31/2026. ARPA Capital Projects Fund Digital Connectivity Technology Program—Remedies for Recipient’s Default The Department may invoke remedies for an “event of default” by the grant recipient as further described in the Financing Contract, but that include but are not limited to the following remedies: (1) Withholding of amounts otherwise due to the grant recipient under the Financing Contract; (2) Barring the grant recipient from receiving future Department awards; (3) Requiring return of any Program grant funds disbursed and any interest earned on the disbursements made; and (4) Any other remedies available at law or in equity. Statutory/Other Authority: ORS 285A.075, ORS 285A.166 & ORS 285A.180 Statutes/Other Implemented: ORS 285A.180 & Oregon Laws 2025, chapter 616, section 10 History: OBDD 3-2026, temporary adopt filed 02/04/2026, effective 02/04/2026 through 07/31/2026
123-047-0160 Temporary rule language in effect until 07/31/2026. ARPA Capital Projects Fund Digital Connectivity Technology Program—Reporting Requirements (1) Every recipient of Program financial assistance that enters into a Financing Contract with the Department must comply with reporting requirements provided for in the contract and as further defined by this division of rules and Program Guidance. (2) As further detailed in the Financing Contract, recipients shall submit two quarterly reports (a Project Activity Report and a Project Expenditure Report) to the Department for review and approval, regardless of the date that the Financing Contract is executed until the Financing Contract is closed. (a) Project Activity Reports: Such reports shall describe project activities, performance indicators, project milestones completed and overall outcomes, unless otherwise modified and agreed to by the Department. (b) Project Expenditure Report: Such reports shall describe the project budget status, project expenditures, outputs, performance indicators, and other requested information provided for in the Financing Contract and the Program Guidance. (3) Performance Report: Recipients shall submit an annual report in which recipients will itemize the Permitted Devices and Permitted Equipment that have been distributed or installed and provide other requested information and details including location information, as appropriate, the device type, and for each selected device type the total number of devices purchased and the total expenditures. (4) Reporting, tracking, and documentation of incurred costs and expenses for requesting disbursements: recipients receiving financial assistance on a reimbursement or costs incurred basis shall submit individual receipts, invoices, and other satisfactory documentation to the Department when requesting a disbursement of grant funds from the Department. (5) Reporting, tracking and documentation of costs and expenses for recipients receiving advance payment grant disbursements: recipients receiving advance payment grant disbursements shall submit individual recipients, invoices, and other satisfactory documentation to the Department to review and confirm that the grant funds were utilized for eligible costs. (6) Upon request, recipients shall produce or make available for inspection by the Department, any other reports or records necessary for the Department to ensure responsible use of Program funds and compliance with the federal award funding the Program. Statutory/Other Authority: ORS 285A.075, ORS 285A.166 & ORS 285A.180 Statutes/Other Implemented: ORS 285A.180 & Oregon Laws 2025, chapter 616, section 10 History: OBDD 3-2026, temporary adopt filed 02/04/2026, effective 02/04/2026 through 07/31/2026
123-049-0005 Purpose, Scope and Incorporated Documents (1) This division of administrative rules implements a federally funded state revolving fund to provide financing to community and nonprofit non-community drinking water systems for planning, design, construction or improvement of drinking water facilities or systems needed to maintain or achieve compliance with drinking water standards and to further public health protection goals of the federal Safe Drinking Water Act Amendments of 1996 P.L. 104-182 and this state's Drinking Water Quality Act. (2) In accordance with ORS 285A.213, this division of administrative rules governs the administration of the moneys awarded through this Safe Drinking Water Revolving Loan Fund by the Oregon Business Development Department through its Infrastructure Finance Authority in cooperation with the State of Oregon Health Authority through its Drinking Water Services, but not activities of Oregon Health Authority itself. (3) The most current version adopted by the Authority of the "SAFE DRINKING WATER IN OREGON: Program Guidelines and Applicant's Handbook for the Federally Funded Safe Drinking Water Revolving Loan Fund and Drinking Water Protection Fund" including but not limited to its appendices, is: (a) The principal source of information on this program, as prepared by the Authority; (b) Available by contacting any of the Authority’s regionally assigned staff; and (c) Subject to the same definitions as used in this division of administrative rules. [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 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 EDD 6-1999, f. & cert. ef. 8-26-99