justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 285a — Economic Development I

ORS 285a.167. enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 285A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. (Temporary provisions relating to program for broadband service infrastructure grants and loans) Note: Sections 5, 6 and 9, chapter 17, Oregon Laws 2020 (first special session), provide: Sec. 5. (1) The Oregon Business Development Department shall establish by rule a program for providing grants or loans to assist eligible applicants with projects for: (a) The planning and development of broadband service infrastructure; (b) Digital literacy including cybersecurity; (c) Digital inclusion; and (d) Digital adoption. (2) The program shall be funded only by moneys transferred to the Broadband Fund established under section 4, chapter 17, Oregon Laws 2020 (first special session) [285A.167], pursuant to ORS 759.425. (3) In establishing the program required by this section, the department shall take into consideration all federal funding opportunities for the planning and development of broadband service infrastructure and shall endeavor to administer the program in a manner that serves to maximize the total available state and federal support for broadband development and related planning. [2020 s.s.1 c.17 5; 2023 c.338 4] Sec. 6. The Oregon Broadband Advisory Council shall include in the biennial report required under ORS 285A.160 an evaluation of the continuing need for the program established by rule under section 5, chapter 17, Oregon Laws 2020 (first special session), including any recommendations regarding the repeal, by section 9, chapter 17, Oregon Laws 2020 (first special session), of the program established by rule under section 5, chapter 17, Oregon Laws 2020 (first special session). [2020 s.s.1 c.17 6; 2023 c.338 5] Sec. 9. (1) Sections 5 and 6, chapter 17, Oregon Laws 2020 (first special session), are repealed on January 2, 2030. (2) Any moneys in the Broadband Fund established under section 4, chapter 17, Oregon Laws 2020 (first special session) [285A.167], that are from the universal service fund established under ORS 759.425 and that are unexpended and unobligated on January 2, 2030, revert to the universal service fund established under ORS 759.425.
ORS Chapter 285a — Economic Development I

ORS 285a.172. Broadband Action Plan; Digital Equity Plan; supplemental strategies. (1) The Oregon Broadband Office shall develop a Broadband Action Plan and a Digital Equity Plan that address the requirements of the Infrastructure Investment and Jobs Act (P.L. 117-58). (2) The Broadband Action Plan must, at a minimum, address: (a) Investment priorities; (b) Alignment of goals and needs; (c) Proposed plans to address needs; (d) Needs for technical assistance; and (e) The schedule for implementing plans. (3) The Digital Equity Plan must, at a minimum, address availability and affordability of broadband services based on: (a) Technology; (b) Online accessibility; (c) Digital literacy; (d) Privacy and cybersecurity; and (e) Devices and support. (4) The office may develop supplemental strategies, as necessary, to achieve availability of services and adoption of services by residents, businesses, schools and libraries throughout Oregon and to support federal planning requirements, including strategies to: (a) Support local communities and local and regional partners with broadband project planning and implementation and technical assistance. (b) Support project coordination between private and public entities. (c) Pursue and leverage private and public investment opportunities. (d) Guide development and implementation of state grant programs, including project review, procedures for appeal and project accountability and sustainability. (e) Support ongoing development and maintenance of mapping and data and associated analytic capabilities, including consumer adoption. (f) Evaluate existing system architecture in this state, including middle-mile infrastructure and exchange points, to ensure long-term adequacy and resiliency. (g) Support the Department of Education and State Library in implementing the purposes of the Connecting Oregon Schools Fund established in ORS 276A.424 and Connecting Oregon Libraries Fund established in ORS 357.790. (h) Evaluate the need and appropriateness of infrastructure redundancy. (i) Consider the appropriateness of open access requirements for state-funded projects. (j) Accelerate interagency engagement and collaboration to address barriers and accelerate access and adoption of services. (k) Identify policy and procedural changes to ease construction barriers. (L) Cost-effectively develop broadband in remote and high cost areas. [2022 c.60 3] Note:
ORS Chapter 285a — Economic Development I

ORS 285a.176. Geospatial data; proprietary information; rules. (1) The Oregon Broadband Office shall collect geospatial data, including data that is reported to the Federal Communications Commission, and other data as necessary from Internet service providers and entities with broadband infrastructure in this state for the purpose of assisting the state in confirming the allocation of funds to the state under the Infrastructure Investment and Jobs Act (P.L. 117-58) and determining eligibility for grants and loans issued by the office. (2) The collected information must be in a form that can be viewed, edited and mapped. (3)(a) The office may collect proprietary information subject to a nondisclosure agreement. (b) Proprietary information subject to a nondisclosure agreement that is collected by the office under this section is exempt from public disclosure under ORS 192.355. (4) The Oregon Business Development Department may prescribe rules for the office to implement the provisions of this section. [2022 c.60 4] Note: See note under
ORS Chapter 285a — Economic Development I

ORS 285a.180. Financial assistance programs to support broadband access; rules. (1) The Oregon Business Development Department shall provide financial assistance in the form of loans or grants for the purpose of supporting broadband access, affordability and adoption. (2) The department may establish one or more programs for providing financial assistance under this section. For each program the department establishes, the department shall, by rule, establish: (a) Criteria for applications and for determining the eligibility of applicants and proposed projects for a loan or grant; (b) Criteria for the department to evaluate competitive applications and for awarding a loan or grant; (c) Reporting requirements for a loan or grant recipient; and (d) A process for identifying and protecting from disclosure, except as permitted by state and federal law, information or data that are submitted to the department by an applicant or recipient and that may be subject to confidentiality protections provided by law or are exempt from public records disclosure. (3) In addition to the rules required under subsection (2)(a) to (d) of this section, for each program the department establishes to support broadband service infrastructure, the department shall, by rule, establish: (a) Criteria for determining whether a location qualifies as an underserved location or unserved location for the purpose of giving preference to proposed projects that support broadband service infrastructure to underserved locations or unserved locations in this state; (b) Reporting requirements for a loan or grant recipient to identify the geographic area and locations served or that will be served by the project; (c) A process for providing public notice of pending applications; (d) A public process for interested persons to submit comments on pending applications; and (e) A process for challenging an application. (4)(a) The department shall comply with the provisions of ORS chapter 183 in adopting rules and awarding loans or grants under a program. Final orders issued under a program are subject to judicial review as provided in ORS chapter 183. (b) When awarding a loan or grant under a program to support broadband service infrastructure, the department shall provide a notice of award. The notice of award shall be a final order in an other than contested case proceeding and reviewable pursuant to ORS 183.480 with jurisdiction for judicial review conferred by ORS 183.484. (5) The department, in consultation with the Oregon Broadband Advisory Council and consistent with applicable federal requirements, shall, by rule, establish goals for broadband service speeds provided in this state to be used when establishing criteria under subsection (3)(a) of this section. (6) The department shall define by rule the term broadband service infrastructure program for purposes of implementing the provisions of this section. (7) The department may adopt rules necessary to carry out the provisions of this section. [2023 c.338 1] Note:
ORS Chapter 285a — Economic Development I

ORS 285a.188. Brownfields Redevelopment Fund; definitions; uses; priorities for loans and grants; eligibility; rules. (1) As used in this section: (a) Environmental action means activities undertaken to: (A) Determine if a release has occurred or may occur, if the release or potential release poses a significant threat to human health or the environment or if additional remedial actions may be required at the site; (B) Conduct a remedial investigation and a feasibility study; (C) Plan for remedial action or removal action; or (D) Conduct a remedial action or removal action at a site. (b) Facility, hazardous substance, release, remedial action and removal have the meanings given those terms in ORS 465.200. (c) Substantial public benefit includes, but is not limited to: (A) The generation of funding or other resources facilitating substantial remedial action at a facility in accordance with this section; (B) A commitment to perform substantial remedial action at a facility in accordance with this section; (C) Productive reuse of a vacant or abandoned industrial or commercial facility; or (D) Development of a facility by a municipality or a nonprofit organization to address an important public purpose. (2) There is created within the State Treasury a revolving fund known as the Brownfields Redevelopment Fund, separate and distinct from the General Fund. Interest earned by the fund shall be credited to the fund. Moneys in the Brownfields Redevelopment Fund are continuously appropriated to the Oregon Business Development Department and shall be used to fund loans and grants for environmental actions on properties that are brownfields, as defined in ORS
ORS Chapter 285a — Economic Development I

ORS 285a.190. Oregon Coalition Brownfields Cleanup Program; loans and grants; rules. (1) There is established in the Oregon Business Development Department the Oregon Coalition Brownfields Cleanup Program. (2) The department may make grants, loans and expenditures from the Oregon Coalition Brownfields Cleanup Fund to provide financial or other assistance to public and private owners of eligible brownfield properties for the purpose of cleaning up the properties. (3) An eligible owner of a brownfield property may borrow moneys from the fund by entering into a loan agreement with the department in accordance with rules adopted by the department. (4) The owner of a publicly owned brownfield property may enter into a loan agreement with the department notwithstanding any restrictions on indebtedness in the charter or bylaws of the public body or any other provision of law. (5) The department may adopt rules necessary to carry out the provisions of this section and ORS 285A.192. The rules shall include, but are not limited to, requirements for eligibility for financial assistance or other assistance from the program, good and sufficient collateral required to secure loans from the fund and the complete or partial waiver of interest on short-term loans made from the fund. (6) As used in this section: (a) Brownfield has the meaning given that term in ORS 285A.185. (b) Other assistance includes, but is not limited to, direct purchase of goods or services related to brownfields cleanup by the department. (c) Public body has the meaning given that term in ORS 174.109. [2005 c.81 3; 2009 c.830 22] Note:
ORS Chapter 285a — Economic Development I

ORS 285a.192. Oregon Coalition Brownfields Cleanup Fund; sources; uses. (1) There is established in the State Treasury, separate and distinct from the General Fund, a revolving fund known as the Oregon Coalition Brownfields Cleanup Fund. Interest earned by the Oregon Coalition Brownfields Cleanup Fund shall be credited to the fund. All moneys in the Oregon Coalition Brownfields Cleanup Fund are continuously appropriated to the Oregon Business Development Department for the purposes of ORS 285A.190. (2) The Oregon Coalition Brownfields Cleanup Fund shall consist of all moneys credited to the fund, including but not limited to: (a) Moneys received from the federal government, other state agencies or local governments; (b) Moneys appropriated or transferred to the fund by the Legislative Assembly or the Oregon Business Development Commission; and (c) Repayment of financial assistance, including interest earnings, provided by moneys from the fund. [2005 c.81 4; 2009 c.830 23] Note: See note under
ORS Chapter 285a — Economic Development I

ORS 285a.193. Definitions. As used in ORS 285A.193 to 285A.198, unless the context requires otherwise: (1) Affordable housing means: (a) Rental housing that is occupied by households with incomes equal to or less than 60 percent of the median income for the county or the state, whichever is higher, adjusted for family size; or (b) Owner-occupied housing occupied by households earning not more than the area median income, adjusted for family size. (2) Brownfield has the meaning given that term in ORS 285A.185. (3)(a) Eligible costs includes: (A) Remedial action costs, including costs for a site evaluation, a preliminary assessment, a confirmation of release or a remedial investigation that is performed by a geologist or professional engineer without the oversight or approval of the Department of Environmental Quality; and (B) If required by a government agency to implement a removal or remedial action, the costs of: (i) Demolishing existing improvements on a brownfield; (ii) Abating the release of hazardous substances within existing improvements on a brownfield; (iii) Constructing new improvements on a brownfield for the purpose of containing hazardous substances or limiting exposure to the release of hazardous substances; and (iv) Managing, handling, removing, treating and disposing of solid waste, environmental media and building materials containing hazardous substances in the course of redeveloping a brownfield. (b) Eligible costs does not include: (A) Costs funded by any state or federal grants for environmental site investigation or remedial action that are awarded for the same property; (B) The cost of remedial action conducted at a site that is listed or proposed to be listed as a national priority pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605) and for which the owner or operator is liable under 42 U.S.C. 9607; (C) Tax credits, insurance proceeds or amounts received as the result of a legal settlement agreement; or (D) Costs that the owner or operator would have incurred if the property were not a brownfield. (4) Forgivable loan includes additional loans made for enhancements listed in ORS
ORS Chapter 285a — Economic Development I

ORS 285a.194. Forgivable loan program for removal and remedial costs at brownfields; limits; loan enhancements. (1) The Oregon Business Development Department shall establish and administer a program in accordance with ORS 285A.193 to 285A.198 under which the department may make forgivable loans for the purpose of reimbursing private owners or operators for the eligible costs incurred in the completion of removal or remedial actions at brownfields. (2)(a) Forgivable loans may be made in amounts up to the lesser of: (A) Fifty percent of the eligible costs incurred by the owner or operator with respect to a brownfield; or (B) $250,000. (b) Additional forgivable loans may be made to the owner or operator for up to two of the enhancements described in subsection (3) of this section with respect to the brownfield for which a forgivable loan is made under paragraph (a) of this subsection. (c) The total amount of loans that may be made under paragraphs (a) and (b) of this subsection is the lesser of: (A) One hundred percent of the eligible costs incurred by the owner or operator with respect to the brownfield; or (B) $500,000. (3) A forgivable loan enhancement may be made in an amount equal to the lesser of 25 percent of the eligible costs incurred by the owner or operator with respect to the brownfield or $125,000 if: (a) The brownfield is in a location identified in an electric vehicle infrastructure plan developed by the Department of Transportation and will be operated as a publicly accessible charging station for electric vehicles immediately after completion. (b)(A) Housing will be constructed or redeveloped from existing improvements on the brownfield; (B) At least four dwelling units, or 20 percent of all dwelling units, whichever is greater, will be used as affordable housing; and (C) Such use is ensured by a deed restriction on the brownfield that: (i) Is enforceable by the city or county in which the brownfield is located and by the department; and (ii) Is to last for at least 30 consecutive years following completion of the housing. (c) The brownfield is located in: (A) A census tract in which at least 20 percent of the residents are below the federal poverty line as determined under 42 U.S.C. 9902, as amended and in effect on December 31, 2020; or (B) A rural area or a distressed area. (d) At least 50 percent of the brownfield will be permanently dedicated as natural areas or public parks by a deed restriction on the brownfield that is enforceable by the city or county in which the brownfield is located and by the department. (e) The brownfield is located in an area designated as having unmet health care needs in the most recent unmet need designation report by the Office of Rural Health and on which hospital buildings or community health care facilities are subsequently constructed. (f) The brownfield is a developed site that became a brownfield as a direct result of wildfire.
ORS Chapter 285a — Economic Development I

ORS 285a.195. Application process. (1) An owner or operator of a brownfield seeking a forgivable loan, including any enhancements, under ORS 285A.194 must submit to the Oregon Business Development Department an application in a form prescribed by the department, including: (a) An affidavit signed under penalty for false swearing that the applicant has not, by any acts, or omissions where there was a duty to act, caused, contributed to or exacerbated the release of a hazardous substance at the brownfield to which the application relates; (b) A statement that the applicant has entered into a voluntary agreement, cost recovery agreement, consent judgment or consent order with the Department of Environmental Quality for removal or remedial action at the brownfield subject to oversight by the Department of Environmental Quality; (c) An estimate of the type and amount of eligible costs the applicant expects to incur in investigating and remediating the brownfield; (d) A description of any enhancements listed in ORS 285A.194 (3) that will apply to the brownfield; and (e) Any other information the Oregon Business Development Department considers necessary or useful to the administration of the program. (2)(a) Once the Oregon Business Development Department has determined that an application is complete, the department shall approve or reject the application. (b) Rejection of an application does not preclude the owner or operator from reapplying at any time with respect to the same or another brownfield. (c) If the department approves an application, the department shall determine the amount of the forgivable loan, including any enhancements, and disburse the loan proceeds to the applicant pursuant to a loan agreement entered into by the department and the owner or operator. (d) Rejection of an application and the amount of a forgivable loan may not be appealed.
ORS Chapter 285a — Economic Development I

ORS 285a.196. Documentation required for forgiveness; repayment for noncompliance; cure. (1) A forgivable loan made under ORS 285A.195 shall be forgiven upon submission by the owner or operator of all documentation required by the Oregon Business Development Department, including, but not limited to, an affidavit signed under penalty for false swearing: (a) Stating that the owner or operator has completed performance under the voluntary agreement, cost recovery agreement, consent judgment or consent order described in ORS 285A.195 (1)(b), other than the performance of long term water monitoring or compliance with institutional or engineering controls; (b) Documenting the eligible costs incurred and attesting that the costs have not been reimbursed; and (c) Stating how the applicant has complied with any conditions required for any enhancement listed in ORS 285A.194 (3), including recording a deed restriction, for which the applicant received an additional forgivable loan. (2) A forgivable loan may not be forgiven under subsection (1) of this section and shall be repaid over a term of five years, with interest at the current primary credit rate of the discount window program of the United States Federal Reserve System plus three percent per annum, if: (a) The removal or remedial action at the brownfield for which the forgivable loan was made is not completed on a schedule set forth in the loan agreement between the department and the owner or operator entered into under ORS 285A.195; or (b) The owner or operator fails to comply with any condition set forth in the loan agreement. (3) The department may in its discretion allow owners or operators to cure noncompliance with performance or other conditions set forth in loan agreements. (4) The department may seek appropriate legal remedies to secure repayment of forgivable loans due the Oregon Brownfield Properties Revitalization Fund established under ORS 285A.198. (5) Moneys repaid to the department under this section shall be deposited in the Oregon Brownfield Properties Revitalization Fund.
ORS Chapter 285a — Economic Development I

ORS 285a.197. Rulemaking for administration of loan program. The Oregon Business Development Department shall establish by rule the procedures and criteria for administration of the program established under ORS 285A.193 to
ORS Chapter 285a — Economic Development I

ORS 285a.198. Oregon Brownfield Properties Revitalization Fund. (1) The Oregon Brownfield Properties Revitalization Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Brownfield Properties Revitalization Fund shall be credited to the fund. All moneys in the Oregon Brownfield Properties Revitalization Fund are continuously appropriated to the Oregon Business Development Department for the purposes of ORS 285A.193 to 285A.198. (2) The Oregon Brownfield Properties Revitalization Fund shall consist of all moneys credited to the fund, including but not limited to: (a) Moneys appropriated or transferred to the fund by the Legislative Assembly or the Oregon Business Development Commission; (b) Forgivable loans repaid under ORS 285A.196 and interest due on the moneys; (c) Amounts donated to the fund; (d) Moneys transferred to the fund from the federal government, state agencies or local governments; (e) Lottery bond proceeds allocated by the Legislative Assembly for deposit in the fund; (f) Earnings received on moneys in the fund; and (g) Other amounts transferred to the fund from any source. [2021 c.529 7] (Financial Affairs)