2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285A - Economic Development I › Section 285A.108 - Rules.

The Director of the Oregon Business Development Department, in accordance with ORS chapter 183, may adopt rules for the operation of the Oregon Infrastructure Finance Authority as the director determines necessary or convenient for the authority to perform its duties and functions and as are consistent with and necessary to carry out the policies established by the Oregon Infrastructure Finance Authority Board. [2009 c.830 §7]
Note:
Sections 28 to 34, chapter 606, Oregon Laws 2023, provide:
Sec. 28.
(1) The Oregon Business Development Department shall establish and administer the Aquifer Recharge Due Diligence Grant Program under which the Oregon Infrastructure Finance Authority established under ORS 285A.096 may award due diligence grants, in accordance with this section and section 29 of this 2023 Act, to public bodies listed in subsection (2) of this section in order to fund activities set forth in subsection (3) of this section.
(2) Any of the following public bodies may apply for a due diligence grant under the program in the manner prescribed under section 29 of this 2023 Act:
(a) A municipal subdivision of this state.
(b) A port organized under ORS chapter 777 or 778.
(c) A district as defined in ORS 198.010.
(d) An Oregon Indian tribe as defined in ORS 294.805.
(e) A county.
(3) The authority may award grants to fund any of the following due diligence activities related to aquifer recharge and aquifer storage and recovery:
(a) Test pit construction.
(b) Borings and soil sampling necessary to design recharge basin or aquifer storage and recovery well size and location.
(c) Aquifer modeling necessary to meet the standards for a request to the Water Resources Department for a limited license under ORS 537.143 and 537.144 or to test aquifer storage and recovery in accordance with testing criteria under ORS 537.505 to 537.534.
(d) Design and engineering necessary to reach the final 50 percent of design and engineering necessary to result in a biddable project for aquifer recharge basins, aquifer storage and recovery wells and works, aquifer storage and recovery treatment systems and conveyance works from water source to recharge site.
(e) Sampling required by the Department of Environmental Quality to establish parameters for monitoring and sampling source water quality and aquifer water quality.
(f) Monitoring and sampling plan development associated with limited license requirements of the Water Resources Department and the Department of Environmental Quality.
(g) Applying for a limited license and public coordination.
(4) All or a portion of the basin or aquifer to which a grant application relates must have been:
(a) Restrictively classified under ORS 536.340;
(b) Withdrawn by the Water Resources Department from further groundwater appropriation under ORS 536.410; or
(c) Designated as critical under statute or rule or order of the Water Resources Commission or the Water Resources Department.
(5) The Oregon Business Development Department may adopt any rules the department considers necessary or convenient for the administration of this section and section 29 of this 2023 Act. [2023 c.606 §28]
Sec. 29.
(1) The governing body of a public body listed in section 28 of this 2023 Act seeking a due diligence grant under this section and section 28 of this 2023 Act must submit to the Oregon Business Development Department an application in the form and manner prescribed by the department.
(2) To qualify for a due diligence grant, an application must be accompanied by documentation satisfactory to the department that the following items have been completed or are available for inspection:
(a)(A) A United States Geological Survey ground water characterization model for the targeted aquifer establishing a baseline of aquifer properties;
(B) A peer-reviewed academic model for the targeted aquifer establishing a baseline of aquifer properties; or
(C) Documentation of agency-developed or publicly developed reports determining that the targeted aquifer is a potential candidate for recharge testing in order to prove that baseline data exists to warrant additional due diligence for recharging the aquifer;
(b) Documentation establishing that source water is available to conduct aquifer recharge testing at the targeted volume and rate of the test;
(c) Documentation establishing that ground water use in the targeted aquifer has been monitored and metered for at least five years immediately prior to the date on which the application is submitted; and
(d) Documentation showing that the basin or aquifer to which the application relates is eligible under section 28 (4) of this 2023 Act.
(3)(a) Once the 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 governing body from reapplying at any time with respect to the same or another basin or aquifer.
(c) If the department approves an application, the Oregon Infrastructure Finance Authority shall determine the amount of the grant award in accordance with subsection (4) of this section and the department shall disburse the moneys to the applicant.
(d) Rejection of an application and the amount of a grant award may not be appealed.
(4) The authority may award grants in any amount that does not exceed the eligible due diligence costs substantiated in the application. [2023 c.606 §29]
Sec. 30.
(1) The Oregon Business Development Department shall establish and administer the Aquifer Recharge Testing Forgivable Loan Program under which the Oregon Infrastructure Finance Authority may make forgivable loans, in accordance with this section and section 31 of this 2023 Act, to public bodies listed in subsection (2) of this section in order to fund the costs set forth in subsection (3) of this section.
(2) Any of the following public bodies may apply for a forgivable loan under the program in the manner prescribed under section 31 of this 2023 Act:
(a) A municipal subdivision of this state.
(b) A port organized under ORS chapter 777 or 778.
(c) A district as defined in ORS 198.010.
(d) An Oregon Indian tribe as defined in ORS 294.805.
(e) A county.
(3) The authority may make forgivable loans for any of the following costs related to aquifer recharge and aquifer storage and recovery testing:
(a) Energy costs.
(b) Operation and maintenance costs associated with the treatment and delivery of source water for the purposes of testing aquifer recharge or aquifer storage and recovery.
(c) Monitoring and reporting costs required by the monitoring plan of a limited license.
(4) All or a portion of the basin or aquifer to which a loan application relates must have been:
(a) Restrictively classified under ORS 536.340;
(b) Withdrawn by the Water Resources Department from further groundwater appropriation under ORS 536.410; or
(c) Designated as critical under statute or rule or order of the Water Resources Commission or the Water Resources Department.
(5) Forgivable loans shall be made under this section and section 31 of this 2023 Act in a principal amount that does not exceed the costs set forth in the application over the period, not to exceed five years, of the limited license issued by the Water Resources Department under ORS 537.143 and 537.144 or 537.505 to 537.534 that is associated with the application submitted under section 31 of this 2023 Act.
(6) The Oregon Business Development Department may adopt any rules the department considers necessary or convenient for the administration of this section and section 31 of this 2023 Act. [2023 c.606 §30]
Sec. 31.
(1)(a) The governing body of a public body listed in section 30 of this 2023 Act seeking a forgivable loan under this section and section 30 of this 2023 Act must submit to the Oregon Business Development Department an application in the form and manner prescribed by the department.
(b) To qualify for a forgivable loan, an application must be accompanied by documentation:
(A) Of a valid limited license to conduct aquifer recharge testing or aquifer storage and recovery testing at the site to which the application relates; and
(B) That shows the basin or aquifer to which the application relates is eligible under section 30 (4) of this 2023 Act.
(2)(a) Once the 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 governing body from reapplying at any time with respect to the same or another basin or aquifer.
(c) If the department approves an application, the Oregon Infrastructure Finance Authority shall determine the amount of the forgivable loan in accordance with section 30 (5) of this 2023 Act and the department shall duly negotiate a loan agreement with the applicant.
(d) Rejection of an application and the amount of a forgivable loan may not be appealed.
(3)(a) Upon completion of the activities for which the forgivable loan was made, the governing body that received the loan must submit documentation satisfactory to the department that 100 percent of the water placed into the recharge went into the waters of this state and was not recovered under a secondary use limited license or secondary use permit obtained under ORS 537.534.
(b) If the department is satisfied with the documentation, 100 percent of the amount of the loan shall be forgiven.
(c) If the department determines that water was used impermissibly within the terms of paragraph (a) of this subsection, the department may require repayment of the loan in an amount proportional to the percentage of the water that was used impermissibly, with interest at a rate not to exceed five percent.
(d) Loan amounts and interest repaid under paragraph (c) of this subsection shall be credited to the Aquifer Recharge Fund established under section 33 of this 2023 Act. [2023 c.606 §31]
Sec. 32.
Not later than September 15 of each year, the Oregon Business Development Department and recipients of funding under sections 28 to 33 of this 2023 Act shall prepare and submit a report, in the manner required under ORS 192.245, to the interim committees of the Legislative Assembly related to water, detailing the use of the funding and the results of the recharge testing so funded. [2023 c.606 §32]
Sec. 33.
(1) The Aquifer Recharge Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Aquifer Recharge Fund shall be credited to the fund. All moneys in the fund are continuously appropriated to the Oregon Business Development Department for the use of the Oregon Infrastructure Finance Authority established under ORS 285A.096 to fulfill the purposes set forth in sections 28 to 33 of this 2023 Act.
(2) The fund shall consist of all moneys credited to the fund, including but not limited to:
(a) Moneys appropriated, allocated, transferred or otherwise credited to the fund by the Legislative Assembly, the department or the authority;
(b) Earnings received on moneys in the fund;
(c) Repayment of financial assistance provided under sections 28 to 33 of this 2023 Act, including interest;
(d) Moneys transferred to the fund from the federal government, state agencies or local governments; and
(e) Moneys deposited in the fund from any other source, including, but not limited to, grants and gifts.
(3) The authority may directly or indirectly grant, expend or lend moneys in the fund for the purposes set forth in sections 28 to 33 of this 2023 Act.
(4)(a) The authority shall administer the fund.
(b) The Oregon Business Development Department may adopt rules and policies for the administration of the fund. [2023 c.606 §33]
Sec. 34.
(1) Sections 28 to 33 of this 2023 Act are repealed on January 2, 2032.
(2) Any moneys remaining in the Aquifer Recharge Fund established under section 33 of this 2023 Act on the date specified in subsection (1) of this section that are unexpended, unobligated and not subject to any conditions shall be transferred to the Administrative Services Economic Development Fund. [2023 c.606 §34]