Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 135 - BROWNFIELDS REDEVELOPMENT LOAN FUND › Section 123-135-0087 - Grant Contract Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Municipal and eligible non-profit organization applicants may be eligible for
			 grants. Determination of grant eligibility will be made by the Department at
			 the time of award and may be based on subsidy need, credit risk, economic
			 benefit, and other appropriate considerations. The Department has the
			 discretion to impose conditions on the grant. Conditions shall be part of the
			 grant contract, and if appropriate, the Department may require the recipient to
			 demonstrate or document how the conditions have or will be met before funds are
			 disbursed in whole or in part.
(2)
			 All grant awards require some level of match. The level of match required will
			 be determined based upon the liability considerations associated with the
			 applicant and may have some portion waived if the applicant acquired the
			 property according to ORS
			 465.327.
(3) For municipal and qualifying non-profit
			 organization grant recipients, acceptable grant match includes cash, in-kind
			 services, or other contributions of measurable value.
(4) For municipal and qualifying non-profit
			 organization grant recipients that are not potentially liable for having caused
			 or contributed to the release of contamination at the site and for which the
			 project is located in or benefits a designated economically distressed
			 community, the grant match is ten percent (10%) of the total award.
(5) For municipal and qualifying non-profit
			 organization grant recipients that are not potentially liable for having caused
			 or contributed to the release of contamination at the site and for which the
			 project is not located in or does not benefit a designated economically
			 distressed community, the grant match is twenty percent (20%) of the total
			 award.
(6) Municipal and qualifying
			 non-profit organization applicants that are potentially liable because the
			 applicant's conduct lead to or contributed to the release of contamination at
			 the site receiving the environmental action are subject to a one to one (1:1)
			 or 100% of award match requirement. Match must be in cash.
(7) Grant awards cannot exceed the final
			 total project cost less the required match with a maximum award of $60,000. For
			 grant funded projects with a match ratio of one to one (1:1), the final grant
			 award shall not exceed fifty percent (50%) of the total final project cost or a
			 maximum award of $60,000.
(8) If
			 the environmental action at the site was funded with a condition requiring
			 repayment of the grant the grant award must be repaid with any net profits
			 generated from the resale of the site if that sale occurs within five (5) years
			 after the completion of the environmental action. The repayment amount is the
			 lesser of either the net profits or the amount of the grant award. Net profits
			 equal the resale price less the sum of the purchase price and the required
			 match for the project. In the case of properties resold by a county after
			 property tax foreclosure, net profits equal the sum of the outstanding property
			 tax, required match, and eligible expenses incurred by the County prior to
			 award that are related to conducting environmental actions on the
			 property.
(9) The Department shall
			 make available technical assistance grants to municipalities for capacity
			 building. Technical assistance grants may not exceed $25,000 per municipality.
			 Technical assistance grants shall not be subject to financial review. Technical
			 assistance grants shall require a 10% match which may include case, in-kind
			 services or other contributions of measurable value.
(10) Notwithstanding applicant and project
			 eligibility, the amount of a grant award shall be based on the availability of
			 grant funds at the time of the award. The grant capacity of the Fund is
			 determined by the Department based on a percentage of biennial allocations. The
			 Department has the discretion to make grant awards less than the amount
			 requested in the application if it is necessary to ensure grant capacity until
			 the next allocation to the Fund by the Commission.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  285A.185 &
				  285A.188