reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 46 - TIDE GATE GRANT AND LOAN PROGRAM › Section 123-046-0040 - Loan and Grant Applicant Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Parties eligible for a loan or grant
			 under these rules include municipalities, Persons, and non-profit
			 organizations.
(2) The Department
			 may limit the number of open projects an applicant may have at any one
			 time.
Statutory/Other Authority: ORS
				  285A.075 & Ch 10, OL
				  2020
Statutes/Other Implemented: Ch 10, OL
				  2020
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 46 - TIDE GATE GRANT AND LOAN PROGRAM › Section 123-046-0050 - Tide Gate Construction Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each application for construction funding
			 shall address a single tide gate drainage system. A tide gate drainage system
			 may include multiple tide gates and associated drainage infrastructure but may
			 not include unrelated tide gate systems in the same or another watershed for
			 which operation does not impact the drainage of the subject system as
			 determined by the Department.
(2)
			 Tide gate construction project applications shall be in the form provided by
			 the Department and shall contain or be accompanied by such information and
			 documentation as the Department may require. The Department will process only
			 completed applications.
(3) A tide
			 gate construction project application may include a grant funding request of up
			 to $500,000.
(4) Grant funding
			 requests of $100,000 or less for tide gate construction projects shall be
			 subject to the following procedures:
(a) The
			 Department may process applications and make funding awards in the order they
			 are received and deemed complete;
(b) The Department may annually allocate
			 available funds for those tide gate construction projects requesting a grant of
			 $100,000 or less.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 46 - TIDE GATE GRANT AND LOAN PROGRAM › Section 123-046-0060 - Tide Gate Construction Project Application Eligibility Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
The Department will determine tide gate construction project
				application eligibility using criteria including but not limited to the
				following:
(1) The application must
			 demonstrate shovel readiness including:
(a)
			 Completion of all technical and engineering design work;
(b) Completion of all permitting and
			 regulatory processes unless progress at time of application is adequate to
			 proceed to construction as determined by the Department; and
(c) Evidence that all landowners on whose
			 land tide gate drainage infrastructure will be constructed are aware of, and
			 agree to, the proposal.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 46 - TIDE GATE GRANT AND LOAN PROGRAM › Section 123-046-0070 - Tide Gate Planning Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Tide gate planning project applications shall be in the form provided by the
			 Department and shall contain or be accompanied by such information and
			 documentation as the Department may require. The Department will process only
			 completed applications.
(2) The
			 Department will determine available funds for a given funding cycle and may
			 conduct a competitive application solicitation cycle one or more times
			 annually.
(3) A tide gate planning
			 project application may include a grant funding request of up to
			 $100,000.
(4) A tide gate planning
			 project application may include a loan funding request of up to
			 $100,000.
(5) The total funding
			 request for a single tide gate planning project application shall not exceed
			 $200,000.
(6) The Department may
			 coordinate with other state and federal agencies, organizations, or contracted
			 services to assist the Department in determining tide gate planning project
			 eligibility, developing prioritization category criteria, or prioritizing tide
			 gate planning project assistance requests.
Statutory/Other Authority: ORS
				  285A.075 & Ch 10, OL
				  2020
Statutes/Other Implemented: Ch 10, OL
				  2020
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 46 - TIDE GATE GRANT AND LOAN PROGRAM › Section 123-046-0080 - Tide Gate Planning Project Application Eligibility Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
The Department will determine tide gate planning project
				application eligibility using criteria including but not limited to the
				following:
(1) The application must
			 demonstrate that the study scope will include all elements needed to develop a
			 shovel ready tide gate project consistent with OAR
			 123-046-0060(1).
(2) All required permits and regulatory
			 authorizations must be addressed through the study scope.
(3) The study scope must result in
			 feasibility documentation consistent with OAR
			 123-046-0060(2).
(4) The study scope must include a plan to
			 communicate with all impacted landowners throughout the course of the planning
			 project.
Statutory/Other Authority: ORS
				  285A.075 & Ch 10, OL
				  2020
Statutes/Other Implemented: Ch 10, OL
				  2020
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 46 - TIDE GATE GRANT AND LOAN PROGRAM › Section 123-046-0090 - Tide Gate Project Application Prioritization Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may prioritize tide gate
			 project applications using considerations including but not limited to the
			 following:
(a) The technical merit of the
			 proposal including the extent to which the approach would address the project
			 need;
(b) Cost effectiveness
			 including how the costs are aligned with the work necessary to accomplish
			 objectives; and
(c) The
			 qualifications of those involved with the project.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 46 - TIDE GATE GRANT AND LOAN PROGRAM › Section 123-046-0100 - Tide Gate Coordinator and Technical Studies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may contract with one or
			 more tide gate coordinators for purposes including but not limited to:
(a) Providing technical assistance and
			 program information to tide gate owners;
(b) Providing interagency liaison services to
			 direct tide gate projects through the permitting and funding processes;
			 and
(c) To assist the Department in
			 determining project feasibility, eligibility, or to gather watershed or
			 economic information for Department prioritization efforts.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 46 - TIDE GATE GRANT AND LOAN PROGRAM › Section 123-046-0110 - Loan and Grant Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department may award financing in a manner that maximizes the use of
			 available resources and maintains the desired credit standards of the fund. The
			 Department shall determine the amount, type, interest rate and terms of any
			 financing awarded. It may offer an alternate mix or lower amount of assistance
			 than requested. The amount of the award may be the minimum amount that the
			 DTepartment determines is necessary to enable the project to proceed, and the
			 Department may investigate and recommend other sources of funds for all or part
			 of a proposed project. Projects that the Department determines are not
			 financially feasible will not be funded.
(2) Loans for tide gate projects:
(a) The term of a loan for a tide gate
			 construction project is limited to the usable life of the contracted project,
			 or 30 years from the year of project completion, whichever is less;
(b) The term of a loan for a tide gate
			 planning project shall not exceed 7 years from the year of project
			 completion;
(c) A below market
			 interest rate as determined by the Department shall be offered to eligible
			 borrowers; and
(d) Security pledges
			 shall be required for all approved financing with the form and amount of
			 security determined by the Department consistent with the nature of the project
			 and the creditworthiness of the borrower.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 46 - TIDE GATE GRANT AND LOAN PROGRAM › Section 123-046-0120 - Application Review and Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For a tide gate project, the Department must make the following determinations:
(a) That a tide gate construction project is
			 feasible as demonstrated by certification from a professional engineer
			 registered in the State of Oregon in a feasibility study, such as a feasibility
			 study consistent with
			 123-046-0060(2),
			 or other feasibility documentation approved by the Department.
(b) Any loan is secured by the pledge of
			 utility revenues or other revenues or payments from owners of specially
			 benefited properties, and these revenues or payments are sufficient, when
			 considered with other security, to assure repayment of the loan and the
			 borrower has certified to the Department that there will be adequate funds
			 available to repay the loans made to the municipality 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 Department.
(e) The project is consistent with the
			 requirements governing assistance from the fund. If the Department determines
			 that the applicant or the proposed project does not meet the requirements of
			 this OAR 123-046-0120, the Department may
			 reject an application or require further documentation from the
			 applicant.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 46 - TIDE GATE GRANT AND LOAN PROGRAM › Section 123-046-0130 - Contract Requirements and Disbursement of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department's obligation to fund tide
			 gate projects occurs only after entering into a binding contract with the
			 recipient.
(2) The contract shall
			 be in a form provided by the Department.
(3) If any portion of the assistance is in
			 the form of a loan, a provision granting the Department a lien on or a security
			 interest in the collateral as determined by the Department to be necessary to
			 secure repayment of the loan or bond shall be included in the
			 contract.
(4) Other funds that may
			 be needed to complete the project must be available or the funding 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 available at the time an award is made or the contract
			 executed, the contract shall require that the project be fully funded prior to
			 any disbursement from the fund.
(5)
			 By contract, recipient will be required to follow state procurement laws in ORS
			 279 A, ORS 279 B and ORS 279 C.
(6)
			 If the borrower is an entity, rather than an individual, the contract for a
			 loan shall be authorized by an ordinance, order or resolution adopted by the
			 governing body or partners of the entity, and in accordance with any applicable
			 requirements for notice and authorizing debt.
Statutory/Other Authority: ORS
				  285A.075 & Ch 10, OL
				  2020
Statutes/Other Implemented: Ch 10, OL
				  2020
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 46 - TIDE GATE GRANT AND LOAN PROGRAM › Section 123-046-0140 - Recipient Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The recipient must comply with all applicable state and federal laws,
			 regulations and requirements.
(2)
			 The funding recipient shall follow standard construction practices, such as
			 bonding of engineers and contractors, requiring errors and omissions insurance,
			 performing testing and inspections during construction, and obtaining as-built
			 drawings.
(3) Project materials
			 must include a notation indicating that Business Oregon funding from the Oregon
			 Lottery was used for the project.
(4) For a tide gate construction project the
			 funding recipient shall have a plan for ongoing operation and maintenance that
			 will preserve the project's benefits over its useful life.
Statutory/Other Authority: ORS
				  285A.075 & Ch 10, OL
				  2020
Statutes/Other Implemented: Ch 10, OL
				  2020
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 47 - BROADBAND PROGRAMS › Section 123-047-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rules of
			 OAR Chapter 123, division 47 are established pursuant to:
(a) the Oregon Business Development
			 Department's ("Department") rulemaking authority under ORS
			 285A.075(1)(a)
			 to adopt rules necessary to carry out the duties, function and powers vested by
			 law in the Department; and
(b)
			 Oregon Laws 2023, chapter 338 (Regular Session), requiring both that the
			 Department establish by rule one or more programs for providing financial
			 assistance in the form of loans or grants for the purpose of supporting
			 broadband access, affordability and adoption and that the Department establish
			 by rule a program for providing grants or loans funded by moneys transferred to
			 the Broadband Fund pursuant to ORS
			 759.425 for the purposes
			 described in the amended Oregon Laws 2020, chapter 17, section 5 (First Special
			 Session).
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 47 - BROADBAND PROGRAMS › Section 123-047-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Some terms used in OAR Chapter 123, division 47 are defined in
				Procedural Rules, OAR Chapter 123, division 1 and herein. In addition, as used
				in this division of administrative rules, unless the context requires
				otherwise, the following definitions apply:
(1) "Broadband Program" means a financial
			 assistance program that supports broadband access, affordability, or broadband
			 adoption projects in the form of loans or grants.
(2) "Broadband Service Infrastructure
			 Programs" means a Broadband Program type that permits financial assistance to
			 be used for the costs of physical broadband infrastructure.
(3) "Financing contract" is a binding
			 agreement between the Department and an award recipient to receive a financial
			 assistance award through a grant and/or loan.
(4) "Physical broadband infrastructure" means
			 networks of deployed telecommunications equipment and technologies necessary to
			 provide broadband services and includes cable, fiber optics, wiring, or other
			 permanent infrastructure, including wireless infrastructure that is capable of
			 providing internet connections to serve individual locations.
(5) "Program Handbook" is a regularly updated
			 and publicly posted document that provides up-to-date information on a
			 Broadband Program's characteristics, including but not limited to application
			 instructions, criteria for applications and for determining the eligibility of
			 applicants and proposed projects for a loan or grant, criteria for the
			 department to evaluate competitive applications and for awarding a loan or
			 grant, performance requirements, financial assistance disbursement processes,
			 reporting requirements, applicable federal requirements, and other program
			 information. If a Broadband Program has a Program Handbook, the handbook will
			 be published and adopted by the Department as a rule.
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 (HB3201)
Statutes/Other Implemented: Oregon Laws 2020, chapter 17,
				  Section 5(2) (First Special Session) (SB
				  1603)
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 47 - BROADBAND PROGRAMS › Section 123-047-0030 - Funding Sources

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 Broadband Program operated by the Department may vary depending on the
			 source(s) of funding for the Broadband Program and the respective requirements
			 of the funding source(s).
(2)
			 Broadband Fund. Funds in the Broadband Fund, established by Section 4, chapter
			 17, Oregon Laws 2020 (first special session), as amended, shall be used by the
			 Broadband Office for the purposes provided therein, including providing funds
			 for programs providing financial assistance in the form of loans or grants for
			 the purpose of supporting broadband access, affordability and adoption in this
			 state and to support the Broadband Office in carrying out the duties of the
			 office listed under ORS
			 285A.166.
(3) Universal Service Fund. Funds in the
			 Broadband Fund that were transferred to the Broadband Fund pursuant to ORS
			 759.425 from the Universal
			 Service Fund are dedicated for a Universal Service Fund Broadband Program. The
			 Universal Service Fund Broadband Program shall provide grants and loans for
			 projects as described in Section 5, chapter 17, Oregon Laws 2020 (first special
			 session), as amended.
(4)
			 Coronavirus Capital Projects Fund. Funds provided to the Department from the
			 federal Coronavirus Capital Projects Fund (42 U.S.C. 804) that
			 will be used to provide loans or grants towards the costs of physical broadband
			 infrastructure ("ARPA Capital Projects Fund Broadband Deployment Program"), are
			 subject to the requirements of section 1a(1), chapter 338, Oregon Laws
			 2023.
(5) Broadband, Equity Access,
			 and Deployment Program. Funds from the federal Broadband, Equity Access, and
			 Deployment Program (47
			 U.S.C. 1702) used by the Department to
			 provide loans or grants towards the costs of physical broadband infrastructure,
			 are subject to the requirements of section 1a(2), chapter 338, Oregon Laws
			 2023.
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)
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 47 - BROADBAND PROGRAMS › Section 123-047-0040 - Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Application
			 Cycle and Process; Funding Notice. Each Broadband Program providing grant or
			 loan financial assistance will be subject to an application cycle and process
			 determined by the Department. However, Broadband Service Infrastructure
			 Programs shall each include a funding notice, a process for providing public
			 notice of pending applications, a public process for interested persons to
			 submit comments on pending applications, and a process for challenging an
			 application. Application cycle and process details will be described in
			 specific funding notices. Each Broadband Program application cycle will
			 conclude with notices of award(s) and ultimately financing contract(s) with
			 recipient(s). A 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.
(2) Geospatial Data. To comply with Oregon
			 Laws 2022, Chapter 60, Section 4, upon the Department's request, Broadband
			 Program applicants must provide geospatial data, including data that is
			 reported to the Federal Communications Commission, and other data as necessary
			 from the Internet service providers and entities with broadband infrastructure
			 in the state for the purpose of complying with federal funding requirements and
			 for determining eligibility for grants and loans issued by the Department. The
			 collected data is subject to the following:
(a) The collected information must be in a
			 form that can be viewed, edited, and mapped by the Department.
(b) The Department may require the data be
			 submitted in a specific, templated format.
(c) The Department may collect proprietary
			 information subject to a nondisclosure agreement. Proprietary information
			 subject to a nondisclosure agreement that is collected by the office under this
			 section (2) is exempt from public disclosure under ORS
			 192.355.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 47 - BROADBAND PROGRAMS › Section 123-047-0045 - Eligible Applicants, Eligible Projects and Eligible Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless
			 specified otherwise in Oregon statute or rule, eligible applicants for
			 Broadband Programs include the following: municipalities as defined in ORS
			 285B.410(9),
			 federally recognized Indian tribes in Oregon listed under ORS
			 285C.306(1),
			 intergovernmental organizations formed under ORS Chapter 190, and nonprofit
			 organizations as defined by ORS
			 65.001(33). For
			 profit entities may also be eligible applicants for a Broadband Program if
			 specifically authorized by applicable state statute or rule.
(2) The Department reserves the right to
			 withhold or revoke eligibility from an applicant at its sole discretion for
			 reasons including:
(a) nonperformance under a
			 prior contract with the Department or other State entity;
(b) delinquency of tax or fees owed to the
			 State or to a local government;
(c)
			 a final determination of failure or refusal to comply with state or federal
			 regulations or standards;
(d)
			 pending legal action involving the applicant (if the outcome would impact the
			 applicant's ability to perform under a contract or agreement);
(e) abuse of grant or loan process (such as
			 submitting meritless challenges against other applicants);
(f) willful misrepresentations made within an
			 application submitted to the Department; or correspondence with; or made
			 publicly about the Department; or
(g) lacking the legal authority or ability to
			 execute a financing contract with the Department.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 47 - BROADBAND PROGRAMS › Section 123-047-0047 - Evaluation Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Evaluation criteria for Broadband Program applications and for awarding
			 financial assistance shall include:
(a)
			 Whether the applicant has capacity or will have capacity to deliver the
			 proposed project;
(b) Whether the
			 submitted application is complete, clearly defines the proposed project, and
			 effectively demonstrates a need for financial assistance; and
(c) Other criteria provided for in the
			 funding notice, rule, and Handbook as applicable for the respective Broadband
			 Program.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 47 - BROADBAND PROGRAMS › Section 123-047-0050 - Grant Application Review Committee

Current through Register Vol. 63, No. 7, July 1, 2024
The Grant Application Review Committee, established by the
				Broadband Advisory Council pursuant to ORS
				285A.154(11),
				shall consist of telecommunications specialists and engineers; digital equity
				or diversity, equity, and inclusion specialists; and at-large members.
				Appointments of up to eight members to the Committee will be made by the Oregon
				Broadband Advisory Council. Panels of the full Committee may be selected by the
				Council for a particular Broadband Program for each grant cycle. An individual
				may not serve on a panel if the individual is employed by or receive
				compensation from an entity that is under consideration for a grant for the
				cycle. Three members of the Committee present at a meeting shall constitute a
				quorum and a majority vote of those present can make recommendations. Members
				of the committee may attend meetings in person or electronically (i.e., by
				telephone or web-conference video connection). The Department shall provide the
				panel with the applications, staff evaluations (scoring) and staff
				recommendations for award. The panel shall review the grant materials from the
				Department and submit their recommendations directly to the Oregon Broadband
				Office. Additional guidance regarding grant committee roles and requirements
				may be provided in grant announcements and Program Handbooks. Appointments to
				the Committee will be by grant cycle for a particular grant program and
				reappointments may be made.
Statutory/Other Authority: ORS
				  285A.154
				  (11)(a)-(c)
Statutes/Other Implemented: ORS
				  285A.154
				  (11)(a)-(c)
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 47 - BROADBAND PROGRAMS › Section 123-047-0060 - Financial Assistance Disbursements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless stated otherwise in the funding
			 notice, financing contract, or Program Handbook, financial assistance issued
			 through a Broadband Program will be disbursed to an award recipient on an
			 expense reimbursement or costs-incurred basis. The recipient must submit a
			 disbursement request on a Department-provided or Department-approved
			 disbursement request form for the actual, documented expenses incurred while
			 conducting eligible activities of the Broadband Program.
(2) Notwithstanding section (1), the
			 Department may, in its discretion, provide advance payment of funds upon a
			 recipient's request. Recipients seeking an advance payment must specifically
			 indicate which portions of the proposed project justify payment in
			 advance.
(3) All financial
			 assistance disbursements will be subject to the Department's determination, in
			 its sole discretion, that the recipient meets the conditions precedent to
			 disbursement provided for in the financing contract, including requiring no
			 events of default at the time of disbursement. In addition, the Department may
			 reject any application upon finding that to accept the application may impair
			 the integrity of the solicitation process or that rejecting the application is
			 in the best interest of the Department.
(4) The Department reserves the right to
			 amend or cancel a solicitation for financial assistance through a Broadband
			 Program, without liability if it is in the best interests of the
			 Department.
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)
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 47 - BROADBAND PROGRAMS › Section 123-047-0080 - Records and Data Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applications and financing contracts will be public records that are subject to
			 disclosure except for material that qualifies under a public records exemption
			 or is otherwise subject to confidentiality protections provided by law. The
			 Department will redact material that is exempt from disclosure under the Oregon
			 Public Records Law.
(2) When
			 submitting materials to the Department, it is the applicant's responsibility to
			 mark material believed exempt from disclosure under Oregon Public Records Law.
			 To designate a portion of an application as exempt from disclosure under the
			 Oregon Public Records Law, the applicant shall:
(a) Clearly identify in the body of the
			 application or financing contract only the limited material that is believed to
			 be a trade secret or would otherwise be exempt under public records law;
(b) Identity the public records
			 law exemption(s) that is believed to apply; and
(c) Provide a justification for how each
			 portion designated as exempt meets the criteria under the public records
			 law.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 47 - BROADBAND PROGRAMS › Section 123-047-0085 - Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 47 - BROADBAND PROGRAMS › Section 123-047-0087 - Registry of Telecommunication Providers and Statewide Broadband Map

Current through Register Vol. 63, No. 7, July 1, 2024
(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)
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 47 - BROADBAND PROGRAMS › Section 123-047-0090 - Broadband Technical Assistance Program (BTAP)-Purposes and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
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)
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 47 - BROADBAND PROGRAMS › Section 123-047-0095 - Broadband Technical Assistance Program (BTAP)-Handbook

Current through Register Vol. 63, No. 7, July 1, 2024
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.
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)
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 47 - BROADBAND PROGRAMS › Section 123-047-0100 - Broadband Equity, Access, and Deployment (BEAD) Program-Purposes and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
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)
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 47 - BROADBAND PROGRAMS › Section 123-047-0105 - Broadband Equity, Access, and Deployment (BEAD) Program-Handbook

Current through Register Vol. 63, No. 7, July 1, 2024
(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
			 47 U.S.C.
			 1702 (2021) and 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. The NOFO requires the State to ensure applicants comply with the
			 State of Oregon's BEAD Program Initial Proposal (both Volume 1 and Volume 2)
			 and BEAD Program Final Proposal as approved by NTIA. Collectively, these
			 requirements are defined as the "BEAD Program Requirements" for these rules and
			 all BEAD Program applicants shall comply with them.
(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)
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 47 - BROADBAND PROGRAMS › Section 123-047-0105 - Broadband Equity, Access, and Deployment (BEAD) Program-Handbook

Current through Register Vol. 63, No. 7, July 1, 2024
The Broadband Equity, Access, and Deployment 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 Equity, Access, and Deployment 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.
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)
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 47 - BROADBAND PROGRAMS › Section 123-047-0110 - ARPA Capital Projects Fund Broadband Deployment Program-Purposes and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
The Coronavirus Capital Projects Fund (42 U.S.C.
				804) will be used to fund a broadband
				deployment program that provides grants towards the costs of physical broadband
				infrastructure ("ARPA Capital Projects Fund Broadband Deployment
				Program").
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)
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 47 - BROADBAND PROGRAMS › Section 123-047-0115 - ARPA Capital Projects Fund Broadband Deployment Program - Handbook

Current through Register Vol. 63, No. 7, July 1, 2024
The ARPA Capital Projects Fund Broadband Deployment 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 ARPA Capital Projects Fund Broadband Deployment Program grants
				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.
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)
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 47 - BROADBAND PROGRAMS › Section 123-047-0115 - ARPA Capital Projects Fund Broadband Deployment Program - Handbook

Current through Register Vol. 63, No. 7, July 1, 2024
The ARPA Capital Projects Fund Broadband Deployment 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 ARPA Capital Projects Fund Broadband Deployment Program grants
				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.
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)
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 49 - SAFE DRINKING WATER REVOLVING LOAN FUND PROGRAM › Section 123-049-0005 - Purpose, Scope and Incorporated Documents

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 49 - SAFE DRINKING WATER REVOLVING LOAN FUND PROGRAM › Section 123-049-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of these rules additional definitions may be
				found in Procedural Rules, OAR 123-001. As used in this division of
				administrative rules, unless the context clearly indicates otherwise:
(1) "Act" means the Safe Drinking Water Act
			 at 42 U.S.C.
			 300f et seq., including amendments of 1996
			 (Public Law
			 104-182), and any subsequent amendments
(2) "Applicant" means a community or
			 nonprofit non-community water system that is applying for a loan from the
			 Fund.
(3) "Authority" means the
			 Infrastructure Finance Authority within the Oregon Business Development
			 Department.
(4) "Community water
			 system" means a public water system, other than one owned by an agency of the
			 federal government, that:
(a) Has 15 or more
			 service connections used by year-round residents; or
(b) Regularly serves 25 or more year-round
			 residents.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 49 - SAFE DRINKING WATER REVOLVING LOAN FUND PROGRAM › Section 123-049-0020 - Eligible Applicants and Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  285A.075 &
				  285A.213(4)
Stats. Implemented: ORS
				  285A.213
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 49 - SAFE DRINKING WATER REVOLVING LOAN FUND PROGRAM › Section 123-049-0025 - Funding Award Information

Current through Register Vol. 63, No. 7, July 1, 2024
(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