reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 92 - SMALL BUSINESS EXPANSION LOAN FUND (OREGON ROYALTY FUND) › Section 123-092-0090 - Fees and Charges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 shall charge and collect a non-refundable Application Fee of $500 at the time
			 the application is submitted. If the loan is declined or does not close, the
			 Application Fee will not be refunded.
(2) The Department may charge and collect a
			 Commitment Fee in an amount up to one percent (1%) of the approved principal
			 amount of the loan. The Commitment Fee will be applied at closing of the loan
			 to the Loan Fee specified in section (3) of this rule. If the loan does not
			 close, the Commitment Fee will not be refunded.
(3) The applicant, immediately upon the loan
			 closing, shall pay to the Department a Loan Fee of one and one-half percent
			 (1.5%) of the approved amount of the loan. The amount collected by the
			 Department will be reduced by the amount of the Commitment Fee collected as
			 provided for in section (2) of this rule. If the full amount of the loan is not
			 disbursed, the Loan Fee will not be refunded.
(4) The Department may charge and collect a
			 non-refundable Modification Fee of up to $500 at the time that it receives a
			 loan modification request. A loan modification may include, but, is not limited
			 to, modification to terms of repayment, subordination requests, or changes to
			 the collateral or the guarantees. In addition the borrower will be responsible
			 for payment of, separate and above any other amounts owed on the loan, closing
			 costs associated with the modification including, but not limited to, document
			 preparation, review of documentation for legal sufficiency, title, and escrow,
			 recording or filing fees.
(5)
			 Monies referred to in (1), (2), (3) and (4) of this rule, not including closing
			 costs, shall be paid into the Fund.
(6) The Department may, in its sole
			 discretion, use some or all of the money collected under section (3) of this
			 rule, as payment to a contracted Local Development Group for referring projects
			 for financing, packaging the loans, processing applications, investigating
			 proposed business development projects and servicing outstanding loans. In no
			 case shall the Department make any payment of more than one percent (1%) of the
			 loan principal amount for any one project. In no case shall the Department make
			 any payment under this section until the loan has been closed and the
			 Department has collected in full the fee specified in section (3) of this
			 rule.
Statutory/Other Authority: ORS
				  285B.092, ORS
				  285A.075, OL Ch 71 2018 &
				  ORS 285A.200(3)
Statutes/Other Implemented: ORS
				  285A.075, OL Ch 71 2018 &
				  ORS 285A.200(3)
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 93 - SOLAR DEVELOPMENT INCENTIVE PROGRAM › Section 123-093-0100 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
This division of administrative rules clarifies, specifies and
				establishes standards and criteria for the Solar Development Incentive (SDI)
				program (program) and Fund established by the 2016 Legislative session through
				HB 4037. The SDI program was established to incentivize the generation of
				electricity from solar photovoltaic energy.
(1) Program overview. The SDI program offers
			 a flat cents-per-kilowatt hour (kWh) payment for all output from an Enrolled
			 Project for up to 5 years. Oregon Business Development Department (Department)
			 will make monthly payments to an owner or operator of an Enrolled Project.
			 Owners of eligible solar photovoltaic (PV) energy systems with a Nameplate
			 Capacity of between 2 and 10 megawatts (MW) enrolled in the SDI program can
			 receive a monthly payment of $0.005/kWh electricity demonstrably generated by
			 the Enrolled Project for a period of up to 5 years.
(2) Application review. Application for the
			 SDI program is subject to program qualification review and a project readiness
			 assessment. Projects that are deemed qualified will be evaluated by a selection
			 committee designated by the Department to determine if Applicants demonstrated
			 that the project will likely be executed within program timelines. The
			 selection committee will generate an enrollment queue based on the likelihood
			 of a project's ability to begin generating electricity no later than January 2,
			 2018. The Department will offer enrollment to projects according to their
			 position in the queue and cap participation of a single owner or operator at
			 35MWs of projects.
Stat. Auth.: Ch. 63, OL 2016 (HB 4037)
Stats. Implemented: Ch. 63, OL 2016 (HB
				  4037)
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 93 - SOLAR DEVELOPMENT INCENTIVE PROGRAM › Section 123-093-0300 - Application Process Overview

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Application. Applicants complete and submit the online application and upload
			 all supporting materials to:
(a) Demonstrate
			 their project is qualified to be included in the program.
(b) Demonstrate project readiness.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 93 - SOLAR DEVELOPMENT INCENTIVE PROGRAM › Section 123-093-0400 - Qualification

Current through Register Vol. 63, No. 7, July 1, 2024
The Department, in consultation with external organizations
				including, but not limited to, the Oregon Department of Energy (ODOE) will
				determine if a proposed project is qualified.
(1) A solar PV system is qualified if it:
(a) Has applied by January 2, 2017
(b) Is located in Oregon
(c) Has a Nameplate Capacity between 2 and 10
			 megawatts as measured in alternating current (MWac)
(d) Can be demonstrated, in a power purchase
			 agreement (PPA), that it has an agreed upon commercial operation date (COD) of
			 January 1, 2016 or later
(e) Is or
			 will be either directly connected to the electrical system of an Oregon
			 Investor-Owned Utility or Publicly Owned Utility, or is indirectly connected to
			 the electrical system of an Investor-Owned Utility or Publicly Owned Utility in
			 a manner that the Selection Committee determines is acceptable for Program
			 Enrollees
(f) Has or will have a
			 revenue grade meter or other device that monitors and measures the quantity of
			 energy generated by the Solar PV Energy System
(g) Meets any other siting, design,
			 interconnection, installation and electric output standards required by the
			 laws of Oregon
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 93 - SOLAR DEVELOPMENT INCENTIVE PROGRAM › Section 123-093-0500 - Project Evaluation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department will establish a SDI program Selection Committee (Selection
			 Committee) with representation from organizations including, but not limited to
			 the Department and the Oregon Department of Energy.
(2) The Selection Committee will:
(a) Assist in determining if projects are
			 qualified to participate in the SDI program,
(b) Evaluate Qualified Projects to assess
			 project readiness, and
(c) Meet to
			 discuss evaluated projects in order to generate an enrollment queue that
			 prioritizes projects that are more likely to generate electricity by January 2,
			 2018.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 93 - SOLAR DEVELOPMENT INCENTIVE PROGRAM › Section 123-093-0600 - Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 will offer SDI program enrollment to Qualified Projects that are eligible for
			 enrollment in the order in which they are arranged in the SDI queue until 150
			 MW of eligible projects have been enrolled.
(2) Once the SDI program has enrolled 150 MW
			 of qualified and eligible projects, qualified and eligible projects that were
			 not selected to participate will retain their location in the queue.
(a) In the event that Enrolled Projects are
			 removed from the SDI program, their remaining program capacity may be released
			 and reassigned to qualified and eligible projects, according to their
			 assignment in the SDI queue.
(b) In
			 the event that remaining program capacity is reassigned, the total incentive
			 amount reassigned will be limited to the remaining released capacity and the
			 project to which it is reassigned will be constrained to program sunset dates
			 and as such might not receive a full five years of incentive
			 payments.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 93 - SOLAR DEVELOPMENT INCENTIVE PROGRAM › Section 123-093-0800 - Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applicants of eligible projects selected to participate will be sent an email
			 with an offer to enroll in the SDI program. If the Applicant wishes to enroll a
			 selected project they will be required sign a program enrollment contract which
			 includes the following reporting requirements:
(a) Enrollment Confirmation Project
			 Description - Due as part of enrollment contracting and including, but not
			 limited to, the following project components as applicable:
(A) Project ownership and Affiliated Entities
			 details. This includes the disclosure of all individuals and entities that
			 hold, directly or indirectly, ownership interests and/or control of the
			 Enrolled Project. This also includes purchase options, partnership flips, and
			 expected or scheduled changes in ownership interests or percentages. Project
			 owners must also disclose entities in which they hold, directly or indirectly,
			 ownership interests or control.
(B)
			 Project specifications, such as:
(i) Site
			 specifications
(ii) Production
			 estimates
(iii) Off-taking
			 entity(ies), Renewable Energy Certification status, and anticipated wheeling
			 charges where applicable.
(C) Incentive program participation:
(i) A list of all other affiliated projects
			 that have applied for SDI funds
(ii) A list of all other public incentive
			 programs and associated amounts that the Enrolled Project is receiving or
			 intends to apply to (e.g. federal tax credits, state loan programs,
			 etc.)
(D) Project
			 benefits, such as number of full-time-equivalent positions created, including
			 both the construction jobs and operations and maintenance jobs and their
			 associated average wages.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 93 - SOLAR DEVELOPMENT INCENTIVE PROGRAM › Section 123-093-0900 - Ownership, Exclusions, and Transferability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Enrollee ownership and control. SDI
			 program participation is limited to 35 MW of projects per Enrollee Project
			 Owner or Operator and any of the Program Enrollee's Affiliated Entities. The
			 intent of this cap is to prevent a single or small number of solar developer
			 owners or operators from reaping all or most of the benefits of the incentive
			 program. Accordingly, a Qualified and Ready Project might not be an Eligible
			 Project if inclusion in the SDI program would result in a breach of this cap.
(a) Ownership, control, and affiliation
			 disclosure. Applicants are required to disclose all Affiliated Entities
			 associated with the Enrolled Project
(b) Contractual agreement disclosure.
			 Applicants are required to disclose contracts between the Applicant and other
			 individuals or entities that own or operate Solar Photovoltaic Energy Systems
			 in Oregon, and may be required to submit additional information on the nature
			 of the contract.
(c) Failure to
			 disclose. Failure to disclose ownership and control information, especially as
			 it may pertain to Program Enrollees exceeding the 35 MW cap in SDI
			 participation, may result in immediate termination of program incentive
			 payments, the removal of all associated Enrolled projects from the SDI program,
			 and if the Department determines that an Enrollee has been overpaid, the
			 Department will seek to recapture overpayment and reserves the right to offset
			 future payments as well as other remedies allowable by law to recapture
			 overpayment.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 93 - SOLAR DEVELOPMENT INCENTIVE PROGRAM › Section 123-093-1000 - Confidential Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The director
			 or his or her designee shall provide nonexempt program records for inspection
			 in accordance with Oregon Public Records Law.
(2) The person requesting inspection of the
			 records may be charged in advance the Department's cost for locating,
			 compiling, copying, and mailing the records. Such costs shall include but not
			 be limited to costs incurred in locating records, separating exempt and
			 nonexempt records, having a custodian present during the inspection, preparing
			 lists of data, making photocopies, and telefaxing materials. Fees to be
			 collected shall be set forth in the Department's schedule of fees and may be
			 amended from time to time as the Department in its sole discretion may
			 determine.
Stat. Auth.: ORS
				  285A.075 & Ch. 63 OL
				  2016
Stats. Implemented: ORS
				  192.430 &
				  285.035(5)
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 95 - INDUSTRY COMPETITIVENESS FUND › Section 123-095-0000 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this division of administrative rules is to
				govern the use of funds in the Industry Competitiveness Fund established by ORS
				285B.290.
Stat. Auth.: ORS
				  285A.075(5)
				  & 285A.110
Stats. Implemented: ORS
				  285B.286 &
				  285B.290
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 95 - INDUSTRY COMPETITIVENESS FUND › Section 123-095-0010 - 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. The following terms shall have the
				following meaning, unless the context clearly indicates otherwise:
(1) "Project" means an activity that
			 contributes to the stability, growth, development, or competitiveness of a
			 Traded Sector Industry, or group of Traded Sector Industries.
(2) "Traded Sector Industry" means an Oregon
			 industry whose members sell their goods or services into markets for which
			 national or international competition exists.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  285B.286
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 95 - INDUSTRY COMPETITIVENESS FUND › Section 123-095-0030 - Eligible and Non-Eligible Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Funds in the Industry Competitiveness
			 Fund may be used by Department to:
(a)
			 provide grants for Projects. Examples of a Project include, but are not limited
			 to, the following activities:
(A) Assisting a
			 Traded Sector Industry(ies) in establishing research and development consortia;
(B) Introducing new products into
			 an existing market or developing new markets for a Traded Sector Industry(ies)
			 or businesses within a Traded Sector Industry;
(C) Promoting the commercialization of new
			 technologies for a Traded Sector Industry(ies);
(D) Increasing the skills of workers to meet
			 the needs of a Traded Sector Industry(ies);
(E) Enhancing the capacity of a Traded Sector
			 Industry(ies) to take advantage of electronic communications and information
			 technologies; and
(F) Increasing
			 the global competitiveness of a Traded Sector Industry(ies);
(G) Activities that are prerequisite to and
			 will lead to the implementation of any of the above (such as preparing an
			 application for federal grant funds for one or more of the above activities);
			 and
(H) Assisting in organizing
			 focus groups or other meetings and conducting research to identify issues and
			 needs of a Traded Sector Industry(ies) and developing strategies to address
			 those needs and issues; and
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 95 - INDUSTRY COMPETITIVENESS FUND › Section 123-095-0035 - Award Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
A Project which is financed through an Industry Competitiveness
				Fund grant must meet the following criteria:
(1) Individual businesses in the Traded
			 Sector Industry(ies) must be involved in planning the Project or Department
			 must determine that the nature of the Project results in this involvement being
			 unfeasible or in some other manner not applicable;
(2) The grant from the Industry
			 Competitiveness Fund must not represent more than 50% of the total cash cost of
			 the Project;
(3) Private sector
			 funds used to cover cash expenses for the Project must be at least equal to the
			 amount of the grant from the Industry Competitiveness Fund;
(4) Compliance with this division of
			 administrative rule and ORS
			 285B.286 and
			 285B.290 does not entitle a
			 Project to a grant from the Industry Competitiveness Fund.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  285B.286 &
				  285B.290
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 95 - INDUSTRY COMPETITIVENESS FUND › Section 123-095-0040 - Administration of Awards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon
			 approval of a grant for a Project, Department will enter into an agreement with
			 the entity responsible for completing the Project. The agreement will, as
			 applicable, include, but is not limited to, the following:
(a) A description of the Project;
(b) Procedures and conditions for disbursing
			 the grant moneys from the Industry Competitiveness Fund;
(c) A requirement that private sector funds
			 used to cover cash expenses for the Project must be at least equal to the
			 amount of the grant from the Industry Competitiveness Fund;
(d) A requirement that the grant from the
			 Industry Competitiveness Fund may not exceed 50% of the total cash cost of the
			 Project;
(e) A requirement that a
			 sign be conspicuously displayed at the site of the Project or a statement
			 included on written documents produced as a result of the Project which
			 indicates the Project is being funded with Oregon State Lottery Funds,
			 administered by Department;
(f)
			 Reporting requirement(s); and
(g)
			 Other provisions deemed necessary by Department.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 97 - INDUSTRIAL SITE READINESS › Section 123-097-0100 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
This division of administrative rules establishes procedures
				and standards for the designation of regionally significant industrial sites
				and the qualification of sponsors, which become the basis of tax reimbursement
				arrangements to assist public entities to develop such sites.
Statutory/Other Authority: 285B.626(1) & (9), 285B.627
				  (2), (3), (10), 285B.630(7) & ORS
				  285A.075
Statutes/Other Implemented: ORS
				  285B.625 -
				  285B.632
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 97 - INDUSTRIAL SITE READINESS › Section 123-097-0200 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 285B.626 and OAR 123-001
				(Procedural Rules) contain definitions used in this division of administrative
				rules. In addition, unless the context requires otherwise:
(1) "Development Agreement" means a contract
			 whereby a public entity invests public money to prepare a privately owned RSIS
			 for industrial use.
(2) "Eligible
			 Employer" means an employer that is conducting a traded-sector business on a
			 regionally significant industrial site; and
(a) With respect to a rural site, has hired
			 at least 25 full-time employees whose wages average at least 150 percent of the
			 county or state average wage, whichever is less; or
(b) With respect to an urban site, has hired
			 at least 50 full-time employees whose wages average at least 150 percent of the
			 county or state average wage, whichever is less.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 97 - INDUSTRIAL SITE READINESS › Section 123-097-0500 - Regionally Significant Industrial Site Designation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For an industrial site to be designated
			 as a RSIS, the Department must find that the proposed site is one of the
			 following:
(a) Land, which may comprise one
			 or more tax lots or sites, entirely within a "regionally significant industrial
			 area" established under Metro Code Chapter 3.07.420 by Metro, the metropolitan
			 service district for the Portland region established under ORS chapter
			 268.
(b) Land not within a
			 Metro-designated regionally significant industrial area, which may comprise one
			 or more tax lots or sites, that:
(A) Is
			 suitable for the location of new industrial uses or the expansion of existing
			 industrial uses and that can provide significant additional employment in the
			 region;
(B) Has site
			 characteristics that provide significant competitive advantages that are
			 difficult or impossible to replicate in the region; and
(C) Has, or will have with site preparation,
			 access to transportation and freight infrastructure, including but not limited
			 to rail, port, airport, multimodal freight or transshipment facilities and
			 other major transportation facilities or routes, adequate to support the
			 Sponsor's economic development strategy for the site.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 97 - INDUSTRIAL SITE READINESS › Section 123-097-1000 - Sponsor Qualification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Criteria the Department will consider when determining Sponsor qualification
			 are:
(a) Whether the applicant has or will
			 have the financial, material, equipment, facility and personnel resources and
			 expertise, or has the ability to obtain the resources and expertise, necessary
			 to implement its proposed economic development strategy for the site.
(b) The applicant's record of performance on
			 similar site preparation and economic development strategies for such sites,
			 considering the extent that performance remained within the applicant's
			 control.
(c) The record of
			 integrity for an applicant's executive staff and governing body, regarding
			 matters related to the entity's operations.
(d) The economic development strategy for the
			 RSIS.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 97 - INDUSTRIAL SITE READINESS › Section 123-097-1500 - Application and Approval Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applications for designation as a Regionally Significant Industrial Site and
			 for qualification as a Sponsor are combined, and must be submitted on a form
			 prescribed by the Department and according to any instructions provided by the
			 Department.
(2) In its review, the
			 Department may:
(a) Consult with the
			 Governor's Regional Solutions Team and other state agency staff as appropriate;
			 and
(b) Seek to resolve
			 deficiencies or questions in writing with the Sponsor to ensure application
			 completeness.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 97 - INDUSTRIAL SITE READINESS › Section 123-097-2000 - Eligible and Ineligible Site Preparation Costs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As an overall requirement, all RSIS
			 preparation activities and costs must be incurred in compliance with all
			 applicable laws and regulations, including but not limited to prevailing wage
			 rates, public procurement laws, land use laws, local development regulations,
			 and municipal audit and budgeting procedures; as well as applicable contracts
			 and regulatory agreements, for example, a brownfields remediation
			 plan.
(2) The Department will
			 transfer funds under a tax reimbursement agreement for costs incurred by and
			 billed to the Sponsor and as reimbursement for costs already paid. All
			 reporting of RSIS preparation activities and costs to the Department must be
			 accompanied by written evidence of materials and labor furnished or work
			 performed, itemized receipts or invoices for payment, and releases,
			 satisfactions or other signed statements or forms as the Department may
			 require.
(3) ELIGIBLE COSTS. The
			 costs of goods, materials, services including planning and engineering
			 services, construction, permits and fees, and use rights for all following
			 activities necessary and reasonably related to preparing a RSIS are eligible
			 costs:
Assembly and consolidation of parcels comprising the RSIS,
				including real property activities such as surveying, real estate, legal,
				title, insurance, lot adjustment acquisition or sale of parcels, easements, or
				rights of way.
(b) Making the ground
			 suitable for new construction or reconstruction including but not limited to
			 the demolition and removal of existing buildings and structures, clearing
			 brush, disposal of materials, geotechnical testing, pilings, drainage,
			 drilling, blasting, fill, or grading.
(c) Electricity, natural gas or
			 telecommunications services that are located on or near and directly serve the
			 RSIS and are necessary and reasonable for operations on the site, and to the
			 extent they can be allocated to the site.
(d) Water, sanitary sewer or storm sewer
			 services that directly serve the RSIS.
(e) Transportation improvements of all kinds
			 that directly serve the RSIS.
(f)
			 Development fees imposed by another government, such as systems development
			 charges.
(g) Environmental
			 activities to remediate, remove, protect, preserve or mitigate: natural
			 resources, archaeological and cultural resources, or environmental concerns or
			 hazards; including purchase of off-site wetland mitigation credits.
(h) Financing costs, including interest, fees
			 and associated expenses.
(i) Other
			 activities and costs determined by the Department to be necessary and
			 reasonably related to preparing a RSIS, and to the extent they can be allocated
			 to the site.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 97 - INDUSTRIAL SITE READINESS › Section 123-097-2200 - Sponsor Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Sponsor shall:
(a) Maintain accounts and
			 records for all activities and expenditures associated with preparation of a
			 RSIS, giving the Department and its representatives reasonable access to such
			 records.
(b) Ensure that service
			 providers retained for their professional expertise are certified, licensed, or
			 registered, as appropriate or necessary in the State of Oregon for their
			 specialty.
(c) Follow standard
			 construction practices, such as requiring bonding, applicable insurance,
			 inspections, use of as-built drawings, and comply with applicable Oregon labor
			 standards and prevailing wage laws.
(d) Comply with the Oregon Public Contracting
			 Code (ORS chapters 279A, B, C).
(c)
			 Follow standard construction practices, such as requiring bonding, applicable
			 insurance, inspections, use of as-built drawings, and so forth on the
			 Project.
(d) Devise plans as
			 necessary for the ongoing operation, maintenance and upgrade of infrastructure
			 and remediation work that will preserve their benefits over their normally
			 useful life.
(e) Guarantee that the
			 RSIS will remain zoned for industrial use for not less than 20 years from when
			 the Loan Agreement or TRA is executed.
(f) Actively participate with eligible
			 employers in timely submitting annual reports as required in OAR
			 123-097-2600.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 97 - INDUSTRIAL SITE READINESS › Section 123-097-2500 - Determination of eligible costs and estimated incremental income tax revenues

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Once a RSIS has
			 been designated and a Sponsor has been certified and a tax reimbursement
			 agreement is established, the Sponsor must submit the following information to
			 the Department by Jan 1 of each year, starting the tax year after an employer
			 hires employees:
(a) A complete list of any
			 employers, including their business identification numbers, conducting
			 traded-sector business on the designated RSIS during the previous
			 year.
(b) A complete list and
			 description of any site preparation costs incurred during the previous year;
			 see 123-097-1000
			 (2)(c).
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 97 - INDUSTRIAL SITE READINESS › Section 123-097-3000 - Tax Reimbursement Arrangements

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of a tax reimbursement agreement under ORS
				285B.627(5)(a):
(1) After a request from a qualified Sponsor,
			 the Department may establish a tax reimbursement agreement to reimburse the
			 Sponsor's eligible RSIS preparation costs. The tax reimbursement agreement will
			 remain in effect until the Sponsor's total eligible costs covered by the
			 agreement have been reimbursed, or otherwise terminated according to the terms
			 of the agreement.
(2) In its
			 request for the tax reimbursement agreement the Sponsor must specify its
			 planned site preparation costs, all sources of funds for those costs, and a
			 schedule for expenditures. The agreement will specify the types and amounts of
			 costs authorized, which may not be exceeded except by amendment to the
			 agreement.
(3) Reimbursements to
			 the Sponsor in any tax year are subject to:
(a) The reasonable judgment of the Department
			 that it has sufficient moneys in the Oregon Industrial Site Readiness Program
			 Fund and has sufficient appropriations, limitations, allotments and other
			 expenditure authority to make the disbursement.
(b) The limitation in ORS
			 285B.627(8)
			 whereby the Department may not exceed $10 million in reimbursements to all
			 Sponsors in one year. Any amounts otherwise due but for this limitation will be
			 deferred and remain eligible in future years. If the limitation becomes
			 applicable, the Department will provide a proportionate share to each sponsor
			 based on the estimated incremental income tax revenues for each RSIS for that
			 year.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 97 - INDUSTRIAL SITE READINESS › Section 123-097-3500

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  285A.075 &
				  285B.627(10)
Stats. Implemented: ORS
				  285B.625 &
				  285B.627
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 97 - INDUSTRIAL SITE READINESS › Section 123-097-3600

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  285A.075 & ORS
				  285B.627(10)
Stats. Implemented: ORS
				  285B.625 &
				  285B.627
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 97 - INDUSTRIAL SITE READINESS › Section 123-097-3700

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  285A.075 & ORS
				  285B.627(10)
Stats. Implemented: ORS
				  285B.625 &
				  285B.627
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 97 - INDUSTRIAL SITE READINESS › Section 123-097-4000

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  285A.075,
				  285B.627(10)
				  & 285B.630(7)
Stats. Implemented: ORS
				  285B.625 -
				  285B.632
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 97 - INDUSTRIAL SITE READINESS › Section 123-097-4500

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  285A.075 &
				  285B.627(7) &
				  (10)
Stats. Implemented: ORS
				  285B.627 &
				  285B.632
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 97 - INDUSTRIAL SITE READINESS › Section 123-097-4800

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  285A.075,
				  285B.627(10)
				  & 285B.630(7)
Stats. Implemented: ORS
				  285B.625 -
				  285B.632
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 98 - INDUSTRIAL SITE READINESS ASSESSMENT PROGRAM › Section 123-098-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
This division of administrative rules establishes standards and
				criteria for the approval of grants related to the Industrial Site Readiness
				Assessment Program ("Program") to evaluate regional industrial land
				inventories.
Stat. Auth.: ORS
				  285A.075,
				  285B.635-285B.642
Stats. Implemented: ORS
				  285B.635-285B.642
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 98 - INDUSTRIAL SITE READINESS ASSESSMENT PROGRAM › Section 123-098-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 285B.636 and OAR 123-001
				(Procedural Rules) contain definitions used in this division of administrative
				rules. In addition, unless the context requires otherwise:
(1) "Private owner," as used in ORS
			 285B.626(5)(b),
			 means one or more persons, businesses or nongovernmental organizations that
			 hold clear and lawful title to RSIS property, even if not owning it outright,
			 and subject to the department's acceptance, it may mean a private developer
			 with total and direct legal authority for the improvement and disposition of
			 the property from the actual private owner.
(2) "Public entity" as used in ORS
			 285B.626(5)(b),
			 means a government or agency of a:
(a) Local
			 service district under ORS
			 174.116(2) that
			 has a general and abiding interest in the re/development of land within its
			 territory for industrial use and employment, such as a port, airport or county
			 service district; or
(b) City,
			 county or federally recognized Indian Tribe in Oregon, but excluding
			 organizations under ORS chapter 190.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 98 - INDUSTRIAL SITE READINESS ASSESSMENT PROGRAM › Section 123-098-0030 - Eligible Economic Development Districts

Current through Register Vol. 63, No. 7, July 1, 2024
"Economic development district" means one of the following:
(1) The Affiliated Tribes of
			 Northwest Indians Economic Development Corporation, serving tribal members of
			 the Burns-Paiute Tribe, the Confederated Tribes of Coos, Lower Umpqua and
			 Siuslaw Indians, the Confederated Tribes of Grand Ronde, the Confederated
			 Tribes of Siletz Indians, the Confederated Tribes of the Umatilla Indian
			 Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon,
			 the Coquille Indian Tribe, the Cow Creek Band of Umpqua Tribe of Indians and
			 the Klamath Tribes.
(2) The
			 Cascades West Economic Development District, serving Benton, Lane, Lincoln and
			 Linn
(3) The Columbia-Pacific
			 Economic Development District, serving Clatsop, Columbia and Tillamook Counties
			 and western Washington County.
(4)
			 The CCD Business Development Corporation, serving Coos, Curry and Douglas
			 Counties.
(5) The Greater Eastern
			 Oregon Development Corporation, serving Gilliam, Grant, Morrow, Umatilla,
			 Wheeler, Harney and Malheur Counties.
(6) The Central Oregon Intergovernmental
			 Council, serving Crook, Deschutes and Jefferson Counties.
(7) The Mid-Columbia Economic Development
			 District, serving Hood River, Wasco and Sherman Counties.
(8) The Mid-Willamette Valley Council of
			 Governments, serving Marion, Polk and Yamhill Counties.
(9) The South Central Oregon Economic
			 Development District, serving Lake and Klamath Counties.
(10) The Northeast Oregon Economic
			 Development District serving Baker, Union and Wallowa Counties.
(11) Southern Oregon Regional Economic
			 Development, Inc., serving Jackson and Josephine Counties.
(12) Greater Portland, Inc.,
			 Portland-Vancouver Economic Development District, serving Multnomah, Clackamas
			 and Washington Counties.
Stat. Auth.: ORS
				  285A.075,
				  285B.635-285B.642
Stats. Implemented: ORS
				  285B.635-285B.642
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 98 - INDUSTRIAL SITE READINESS ASSESSMENT PROGRAM › Section 123-098-0040 - Site Assessment and Development Plan Grants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As funds are available, the Department
			 will provide grants on a competitive basis to: Public owners of RSIS or public
			 entities that have entered into development agreements or other agreements with
			 private owners with respect to RSIS, to perform due diligence assessments,
			 define development-related constraints and create detailed development plans to
			 move the site(s) toward a state of market-readiness.
(2) Regionally significant industrial sites
			 (RSIS) include;
(a) Sites identified within
			 designated Regional Significant Industrial Areas (RSIA); or
(b) Sites considered and designated by the
			 Department from nominations by Public Entity. Nominations may be submitted at
			 any time, considered in order received, within the following criteria and
			 requirements:
(A) Contains site or sites,
			 including brownfields and "Decision Ready" sites, that are suitable for the
			 location of new industrial uses or the expansion of existing industrial uses
			 and can provide significant additional employment in the region;
(B) Has site characteristics that give the
			 area significant competitive advantages that are difficult or impossible to
			 replicate in the region;
(C) Has
			 superior access to transportation and freight infrastructure, including but not
			 limited to rail, port, airport, multimodal freight or transshipment facilities
			 and other major transportation facilities or routes;
(D) Public Entity has entered into
			 Development Agreement with the property owner (public or private);
(E) Property is available for sale or lease,
			 and listed on Oregon's site selection service;
(F) Specifically identified in the Regional
			 Solutions Team project list or priorities; and
(G) The nomination request will be considered
			 by Department staff and Regional Solutions Team, who will complete a staff
			 report and respond to Public Entity with written decision within 45 days of
			 receipt of the nomination.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 98 - INDUSTRIAL SITE READINESS ASSESSMENT PROGRAM › Section 123-098-0050 - Regional Inventory/Assessment, and Regional Planning Grants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As funds are
			 available, the Department will provide grants to conduct regional industrial
			 land inventories, assess site development costs, prioritize regionally
			 significant industrial sites, and evaluate market-ready status of industrial
			 sites, to: Economic Development Districts as defined in
			 123-098-0030 that are committed
			 and have the ability to perform regional industrial land inventories for a
			 specific region and/or prioritize regionally significant industrial sites in a
			 region for due diligence assessment and site preparation costs.
(2) Grant awards will be based on the
			 following factors:
(a) Availability of
			 appropriated funds;
(b) Total not
			 to exceed 20 percent of annual program allocation;
(c) Individual Economic Development District
			 grant not to exceed the lesser of $50,000 or amount established in annual
			 program guidelines;
(d) Receipt of
			 complete application form provided by Department that includes at a minimum:
			 Public Entity applicant information, list of existing relevant studies, scope
			 of work and budget estimate, participating Public Entities, cooperating
			 agreements, budget and in-kind match, public involvement and support,
			 consultation with Regional Solution Team(s), and contact information; and
(e) Department reserves the right
			 to modify scope and assessments proposed in the application to meet fund
			 limitations and State or Regional priorities.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 98 - INDUSTRIAL SITE READINESS ASSESSMENT PROGRAM › Section 123-098-0060 - Uncommitted Annual Program Allocation

Current through Register Vol. 63, No. 7, July 1, 2024
Uncommitted funds from annual allocations will be added to the
				following annual allocation and made available in procedures defined within
				these rules.
Stat. Auth.: ORS
				  285A.075,
				  285B.635-285B.642
Stats. Implemented: ORS
				  285B.635-285B.642
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 98 - INDUSTRIAL SITE READINESS ASSESSMENT PROGRAM › Section 123-098-0070 - Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Copies of final
			 reports to be submitted to the Department within 30 days of receipt by Public
			 Entity; and
(2) Annual progress
			 report from Public Entity of all activities conducted or completed by program
			 funding, and current budget to be submitted to Department within 60 days
			 following the end of the Fiscal Year.
Stat Auth: ORS
				285A.075,
				285B.635-285B.642 Stats. Implemented: ORS
				285B.635-285B.642 Hist.: OBDD 8-2014, f.
				4-30-14, cert. ef. 5-1-14
Stat. Auth.: ORS
				  285A.075,
				  285B.635-285B.642
Stats. Implemented: ORS
				  285B.635-285B.642
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 99 - Industrial Lands Loan Fund › Section 123-099-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to establish the Industrial Lands
				Loan Fund required by the 82nd Oregon Legislative Assembly, 2023 Regular
				Session, passed chapter 25, sections 14 to 23, Oregon Laws 2023 (Enrolled
				Senate Bill 4). The scope of these rules includes requirements to administer
				and implement the Semiconductor Industrial Lands Loan Program ("Program")
				developed by the Department for the state to make financial assistance awards
				in the form of a repayable or forgivable loan to fund development projects,
				including planning projects. These rules are designed to support private and
				public investment in industrial lands development projects associated with new
				or expanded semiconductor industry uses.
Statutory/Other Authority: ORS
				  285A.075 & OR Laws 2023 ch.
				  25, § 15.
Statutes/Other Implemented: OR Laws 2023 ch. 25, § 15.
				  & OR Laws 2023 ch. 25
				  §§14-23
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 99 - Industrial Lands Loan Fund › Section 123-099-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Act" means
			 Chapter 25, sections 14 to 23, Oregon Laws 2023.
(2) "Agreement" means a program repayable or
			 forgivable loan contract between the Department and a Project Sponsor for an
			 approved application that provides for the award amount from the Industrial
			 Lands Loan Fund and the terms of the contract.
(3) "Application" means the
			 Department-prescribed form that an applicant submits to propose a project and
			 to request a Program repayable or forgivable loan.
(4) "Brownfield" has the meaning given that
			 term in ORS 285A.185.
(5) "Department" means the Oregon Business
			 Development Department.
(6)
			 "Development project" has the meaning given that term in chapter 25, section
			 14(3), Oregon Laws 2023.
(7)
			 "Eligible project" means a development project or a planning project.
(8) "Financial assistance" means a repayable
			 loan or a forgivable loan.
(9)
			 "Environmental action" has the meaning given that term in ORS
			 285A.188.
(10) "Industrial land" has the meaning given
			 that term in chapter 25, section 14(6), Oregon Laws 2023.
(11) "Industrial land development project"
			 means a project for the acquisition, improvement, construction, demolition or
			 redevelopment of publicly or privately owned utilities, buildings, land,
			 transportation facilities or other facilities that assist the economic and
			 community development of a municipality on land planned and zoned for
			 industrial use.
(12) "Planning
			 project" has the meaning given that term in chapter 25, section 14(7), Oregon
			 Laws 2023.
(13) "Program" means the
			 Semiconductor Industrial Lands Loan Program created by the Act that is
			 authorized to provide certain repayable and forgivable loans.
(14) "Private owner" has the meaning given
			 that term in chapter 25, section 14(8), Oregon Laws 2023.
(15) "Project sponsor" has the meaning given
			 that term in chapter 25, section 14(9), Oregon Laws 2023.
(16) "Semiconductor industry use" has the
			 meaning given that term in chapter 25, section 14(11), Oregon Laws
			 2023.
(17) "Public entity" has the
			 meaning given that term in chapter 25, section 14(10), Oregon Laws
			 2023.
(18) "Utilities" means
			 broadband, electric power, natural gas, water service, sewer service, and any
			 renewable energy source.
Statutory/Other Authority: ORS
				  285A.075 & OR Laws 2023 ch.
				  25, § 15
Statutes/Other Implemented: OR Laws 2023 Ch. 25
				  §§14-23
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 99 - Industrial Lands Loan Fund › Section 123-099-0030 - Project and Applicant Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant seeking a forgivable loan
			 for a planning project under Section 16, chapter 25, 2023 Oregon Laws, must
			 demonstrate in the Program application that the proposed planning project, as
			 that term is defined, is an eligible project under the Act.
(2) An applicant seeking financial assistance
			 for a development project under Section 15, chapter 25, 2023 Oregon Laws, must
			 demonstrate in the Program application that the proposed project is an
			 industrial land development project as that term is defined in OAR
			 123-099-0020(11)
			 and is an eligible project under the Act.
(3) To comply with this rule, an applicant
			 must demonstrate in the application to the Department's satisfaction that the
			 proposed project is suitable for new semiconductor industry uses, or the
			 expansion of existing semiconductor industry uses that could reasonably provide
			 significant additional employment in Oregon. When reviewing and evaluating
			 Program applications for compliance with this requirement, the Department shall
			 give preferences to projects that can demonstrate a reasonable likeliness to:
(a) Aid in the addition of at least 100
			 additional semiconductor industry jobs in Oregon; or
(b) Aid in the addition of at least 1
			 additional semiconductor industry job in Oregon per $45,000 of Program
			 financial assistance provided.