ORS Chapter 197 — Comprehensive Land Use

ORS 197.470. Grant program; support by intergovernmental agreements. (1) The Community Green Infrastructure Grant Program is established as a program administered by the Department of Land Conservation and Development for the purpose of awarding grants for: (a) Offsetting the cost of planning and developing community green infrastructure projects or green infrastructure economic development projects; (b) Developing or supporting native seed banks or native plant nurseries; or (c) Supporting and implementing green infrastructure master plans. (2) The Department of Land Conservation and Development may enter into intergovernmental agreements under ORS chapter 190 with the Oregon Health Authority, the Oregon Business Development Department, the Bureau of Labor and Industries, the State Department of Agriculture, the Oregon Watershed Enhancement Board, the Department of Environmental Quality, the State Parks and Recreation Department or an Indian tribe for the purposes of assistance with: (a) The design and implementation of the Community Green Infrastructure Grant Program; (b) Readiness to acquire and administer federal funding related to green infrastructure projects; or (c) Technical advice or feedback on the grant review process established under this section. (3) The Department of Land Conservation and Development shall enter into an intergovernmental agreement under ORS chapter 190 with the State Forestry Department for the purposes of assistance with: (a) The design and implementation of the Community Green Infrastructure Grant Program; (b) Readiness to acquire and administer federal funding related to green infrastructure projects; and (c) Technical advice or feedback on the grant review process established under this section. (4) The Department of Land Conservation and Development shall enter into an intergovernmental agreement under ORS chapter 190 with the Department of Transportation for the purposes of assistance with: (a) Technical advice regarding state transportation facilities and rights of way as they relate to the design and implementation of the Community Green Infrastructure Grant Program; (b) Readiness to acquire and administer federal funding related to green infrastructure projects; and (c) Technical advice or feedback on the grant review process established under this section. (5)(a) A public body, a local workforce development board as defined in ORS 660.300, a manufactured dwelling park nonprofit cooperative as defined in ORS 62.803, an Indian tribe, a watershed council as defined in ORS 541.890, a nonprofit organization or a faith-based organization may apply for a grant under this section for the purpose of planning or developing a community green infrastructure project or a green infrastructure economic development project. (b) An applicant for a grant for a community green infrastructure project or a green infrastructure economic development project may partner with a state agency, a private business with a business site in this state or an owner of rental property in this state. (c) A grant for an approved application for a community green infrastructure project or a green infrastructure economic development project will be awarded and released only to an applicant described in paragraph (a) of this subsection. (d)(A) An application for a community green infrastructure project or a green infrastructure economic development project must be drafted in consultation with the government of the city or county in which the project will be located and with the electric and water utilities in whose service territory the project will be located. (B) An application must include documentation of the consultations described in this paragraph and demonstrate that feedback received as a result of consultation was incorporated into the application materials. If the application does not incorporate feedback from a consulted party into the application, the applicant must provide an explanation of why the feedback was not incorporated or provide a statement that no feedback was received from that party. (6)(a) An application for a grant under this section shall be in the form and manner prescribed by the Department of Land Conservation and Development. (b) An application for a grant to plan or develop a community green infrastructure project or a green infrastructure economic development project must demonstrate that the project: (A) Is located in this state; (B) Provides social, environmental or economic benefits to an environmental justice community; (C) Except for projects developed by an Indian tribe, has been or will be developed in coordination with an environmental justice community that will benefit from the completion of the project; and (D) Has a plan for the maintenance of the project for at least three years or has requested technical assistance for maintenance planning. (c) An application for a grant for a native seed bank or native plant nursery must demonstrate that the applicant qualifies as a native seed bank or a native plant nursery. (d) An application for a grant for a green infrastructure master plan must demonstrate how the long-term plan of the public body or tribal government involves the creation, protection or enhancement of green infrastructure. (7) Upon receipt of an application submitted under this section, the Department of Land Conservation and Development shall review the application and determine whether the applicant is eligible to receive a grant from the Community Green Infrastructure Grant Program. The department may award grants based on the prioritizations established under subsection (8) of this section. If the department denies a grant application, the department shall provide the reason for the denial in writing. (8) In awarding grants under the Community Green Infrastructure Grant Program, the Department of Land Conservation and Development may give priority to projects: (a) Involving large, low-maintenance, storm- and drought-resistant tree plantings; (b) Involving plantings that include native plants or pollinator-friendly species; (c) Involving tree plantings at or near school campuses, affordable housing, senior housing, manufactured dwelling parks, recreational vehicle parks or public rights of way; (d) That strengthen communities and fight displacement; (e) That develop innovative solutions for using urban woody biomass; (f) That are carried out by a city that has adopted a plan to increase urban tree canopy cover and has entered into a long-term agreement with an Oregon nursery to supply trees needed to carry out the plan; or (g) That utilize a communitys cultural practices to educate, and conserve and manage resources for, future generations. (9) To the maximum extent possible, community green infrastructure projects and green infrastructure economic development projects shall: (a) Minimize the vehicle miles traveled associated with all plant and tree stocks utilized in the project; (b) Include partnerships with green communities nurseries or nurseries defined in ORS 197.469 (11)(b); (c) Utilize native plant stock that is grown from native seed banks or native seed recovery and planting efforts; and (d) Utilize climate-adaptive plant stock that is regionally native, drought and disease tolerant and noninvasive. (10) To the maximum extent possible, community green infrastructure projects and green infrastructure economic development projects that occur on school campuses shall incorporate a curriculum or demonstration component to connect students to the project and provide education about: (a) Green infrastructure; (b) Careers in green infrastructure; and (c) Cultural practices to educate, and conserve and manage resources for, future generations. [2023 c.442 24] Note: See note under