reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 21 - OPERATION OF OREGON CREDIT ENHANCEMENT FUND › Section 123-021-3200 - Evergreen Insurance Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Under Evergreen Insurance, the Department may insure up to 80 percent of the
			 maximum principal amount of a line of credit in an amount not to exceed the
			 lesser of $1,600,000 or the product of the Authorized Loan Amount multiplied by
			 the insured percentage.
(2) To
			 qualify for the Evergreen Insurance Program, the Qualified Business must be an
			 existing or proposed business with operations in Oregon that:
(a) Lacks an existing revolving line of
			 credit;
(b) Seeks a new revolving
			 line of credit to replace an existing line of credit that is within 120 days of
			 cancellation or expiration by a lender other than the Financial Institution
			 filing the application for Evergreen Insurance; or
(c) Seeks an increase to an existing
			 revolving line of credit.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 21 - OPERATION OF OREGON CREDIT ENHANCEMENT FUND › Section 123-021-3300 - Construction Loan Insurance Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Under Construction Loan Insurance, the
			 Department may insure:
(a) Up to 80 percent
			 of the original principal amount of a construction loan, provided that the
			 Department's maximum liability for any Deficiency due to a Material Adverse
			 Change under the Construction Loan Insurance is the lesser of $6,000,000 or the
			 product of the Authorized Loan Amount multiplied by the insured
			 percentage.
(b) A term of one year
			 unless otherwise approved by the Department. Terms greater than one year may be
			 granted at the sole discretion of the Department. Terms that exceed one year
			 shall be subject to an additional premium based upon the maximum construction
			 loan insurance exposure for each additional year approved. Terms of the
			 Construction Loan Insurance shall be approved based upon the proposed
			 construction schedule accepted by the Financial Institution which may be for
			 less than a full year, provided that the Construction Loan Insurance premium
			 shall not be pro-rated for a portion of a year.
(c) Owner-occupied commercial projects as
			 determined by a minimum of 60 percent occupancy by the Borrower or affiliate of
			 the Borrower.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 21 - OPERATION OF OREGON CREDIT ENHANCEMENT FUND › Section 123-021-3400 - Loan Defaults, Liquidation Plans and Payment of Insurance Claims

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Financial
			 Institution shall notify the Department within 30 days of a Borrower's default
			 on an insured loan.
(2) If the
			 Borrower fails to cure the default and the Financial Institution anticipates
			 writing off all or a portion of the loan's outstanding principal balance, the
			 Financial Institution must submit a liquidation plan for Department review and
			 approval prior to the Borrower or the Financial Institution liquidating any
			 assets pledged to secure the loan. The liquidation plan for the defaulted
			 insured loan shall be in a form prescribed by the Department and shall include,
			 but may not be limited to:
(a) A copy of the
			 lender's credit approval memo and supporting documentation of the
			 loan;
(b) Personal financial
			 statement(s) for the Borrower's Principal(s);
(c) Itemization of all business and personal
			 assets including, but not limited to, real estate, equipment and other chattel,
			 accounts receivable, inventory, and intellectual property securing the loan.
			 The inventory of assets shall include information on the status of the lender's
			 liens, current priority of lien positions on personal and business assets,
			 current retail valuations of the assets, and anticipated discount of the assets
			 for liquidation.
(d) Identification
			 of any security that is unavailable to satisfy the loan and description of the
			 reason(s) why the security is unavailable, for example, foreclosure by another
			 lender;
(e) A written explanation
			 describing the extent to which the lender plans to exercise its right to
			 recover its loss by foreclosing on or otherwise liquidating collateral securing
			 the loan; and
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 21 - OPERATION OF OREGON CREDIT ENHANCEMENT FUND › Section 123-021-3500 - Lender Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
No Loan Insurance Authorization shall be effective unless the
				Financial Institution and the Department have executed a Lender Agreement in a
				form acceptable to the Department setting forth the relative rights and
				responsibilities of the Financial Institution and the Department for all
				insured loans. The Lender Agreement shall include the following:
(1) Provisions incorporating the requirements
			 of this division of the rules and ORS
			 285.466 to
			 285.481.
(2) Provisions setting forth the
			 responsibilities of the Financial Institution to prudently underwrite and
			 service insured loans in such a manner as would be the normal and customary
			 practice of a prudent lender making or servicing a loan without relying on loan
			 insurance.
(3) A requirement that
			 the Financial Institution notify the Department in writing within 5 business
			 days after a Borrower's payment is 30 business days late and within 30 business
			 days of any other default or other event or condition indicating that the loan
			 may not be repaid in full. Upon default, the Financial Institution shall
			 provide the Department a liquidation plan detailing such action as may be
			 prudent, including without limitation foreclosing on and liquidating
			 collateral. After obtaining the Department's approval of the liquidation plan,
			 the Financial Institution shall take such action to foreclose on and
			 liquidation the assets and pursue remedies against the guarantees securing the
			 loan.
(4) A description of the
			 Department's insurance Programs and the method for paying insurance
			 claims.
(5) The Department shall be
			 entitled at its discretion to cancel or reduce its insurance obligation if the
			 Financial Institution breaches its responsibilities under the Lender Agreement
			 or the Department-approved liquidation plan.
(6) Such other terms and conditions as the
			 Department deems appropriate.
Statutory/Other Authority: ORS
				  285A.075 &
				  285B.200 -
				  285B.218
Statutes/Other Implemented: ORS
				  285B.200 -
				  285B.218
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 21 - OPERATION OF OREGON CREDIT ENHANCEMENT FUND › Section 123-021-3600 - Insurance Premiums

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall charge a one-time, up-front, insurance premium for each loan
			 insured under a Lender Agreement pursuant to a Loan Insurance Authorization.
			 The premium is due within 30 days of the date that the Department and the
			 Financial Institution execute a Loan Insurance Authorization under the
			 applicable Lender Agreement. The Department's insurance is not effective until
			 the premium is paid. Premiums, expressed as a percentage of the Department's
			 maximum liability, shall be charged in accordance with the schedule made
			 available by the Department.
(2)
			 Insurance premiums for each insurance program, including examples of how those
			 premiums are calculated, are as follows:
(a)
			 The premium for Conventional Insurance, with a maximum term of 10 years, shall
			 be 2.5% of the insured portion of the loan. As an example, the premium due on a
			 $1,000,000, ten-year loan with 80% Conventional Insurance is $20,000
			 ($1,000,000 x 0.80 x 0.025).
(b)
			 The premium for Collateral Support Insurance, with a maximum term of 5 years,
			 shall be 5.0% of the insured portion of the loan. As an example, the premium
			 for a $1,000,000 five-year loan with 20% Collateral Support Insurance is
			 $10,000 ($1,000,000 x 0.20 x 0.05).
(c) The premium for Evergreen Insurance, with
			 a maximum term of 1 year, shall be 2.0% of the insured portion of the line of
			 credit. The premium is calculated as the product of the Department's maximum
			 liability multiplied by the maximum principal amount available to the Borrower
			 under the subject line of credit, regardless of whether or not the line of
			 credit is fully drawn down. As an example, the premium for a $1,000,000 loan
			 with 80% Evergreen Insurance is $16,000 ($1,000,000 x 0.80 x 0.02); this amount
			 would be due every year thereafter for up to four additional years, assuming
			 that the loan is renewed each year for the maximum term permitted under the
			 Evergreen Entrants Program (5 years).
(d) The premium for Construction Loan
			 Insurance, with a minimum term of one year, shall be 1.75% of the insured
			 portion of the loan. For each additional one year of Construction Loan
			 Insurance approved by the Department the additional non-prorated premium shall
			 be of 0.75% of the insured portion of the construction loan. A one-time,
			 additional twelve-month extension may be granted for 1.0% of the insured
			 portion of the loan.
(A) Example 1: The
			 premium for a $1,000,000 12-month loan with 80% Construction Loan Insurance is
			 $14,000 ($1,000,000 x 0.80 x 0.0175).
(B) Example 2: The premium for a $1,000,000
			 30-month loan with 80% Construction Loan Insurance is $26,000 ($1,000,000 x
			 0.80 x 0.0325).
(C) Example 3: The
			 premium for a $1,000,000 9-month loan extension with 80% Construction Loan
			 Insurance is $8,000 ($1,000,000 x 0.80 x 0.01).
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 21 - OPERATION OF OREGON CREDIT ENHANCEMENT FUND › Section 123-021-3700 - Administrative Costs of the Program

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may charge the fund actual and necessary
				administrative expenses in operating the Fund and its programs.
Statutory/Other Authority: ORS
				  285A.075 &
				  285B.200 -
				  285B.218
Statutes/Other Implemented: ORS
				  285.476(2), (5)
				  & 285.471(1)(b)
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 21 - OPERATION OF OREGON CREDIT ENHANCEMENT FUND › Section 123-021-3800 - Confidential Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The director
			 or the director's designee shall provide nonexempt Program records for
			 inspection in accordance with ORS Chapter 192.
(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 delivering 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.
(3) Except as otherwise
			 provided in ORS Chapter 192, records exempt from disclosure include, but are
			 not limited to:
(a) Reports and analyses of
			 reports obtained in confidence from creditors, employers, customers, suppliers,
			 and others which bear on the Borrower's character, finances, management
			 ability, and reliability and which were obtained from persons or firms not
			 required by law to submit them;
(b)
			 Tax returns, business records, employment history and other personal data
			 submitted by or for Borrowers, or analysis of such data;
(c) Interdepartmental advisory memoranda
			 developed prior to a loan insurance decision;
(d) Formulas, plans, designs and related
			 information which constitute trade secrets under ORS Chapter 192;
(e) Financial statements of Borrowers,
			 Principals, guarantors or affiliates of those parties relating to an insured
			 loan;
(f) Customer lists;
(g) Information of a Borrower pertaining to
			 litigation to which the Borrower is a party if the complaint has been filed, or
			 if the complaint has not been filed, if the Borrower shows that such litigation
			 is reasonably likely to occur. This exemption does not apply to litigation
			 which has been concluded and nothing is this section shall limit any right or
			 opportunity granted by discovery or deposition statutes to a party to
			 litigation or potential litigation;
(h) Production, sales and cost data;
			 and
(i) Marketing strategy
			 information that relates to a Borrower's plan to address specific markets and
			 Borrower's strategy regarding specific competitors.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 22 - SMALL BUSINESS DEVELOPMENT CENTERS › Section 123-022-0060 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to provide procedures, standards,
				and criteria for making grants under ORS
				285B.168 and
				285A.340 to
				285A.349 to community colleges,
				community college service districts, and other allowed entities to assist in
				the improvement and formation of small business development
				centers.
Statutory/Other Authority: 285B.165 - 285B.180 & ORS
				  285A.075
Statutes/Other Implemented: ORS
				  285A.340 -
				  285A.349 &
				  285B.165 -
				  285B.180
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 22 - SMALL BUSINESS DEVELOPMENT CENTERS › Section 123-022-0070 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of these rules definitions may be found in
				Procedural Rules, OAR 123-001. As used in this division of administrative
				rules, unless the context requires otherwise the following definitions
				apply:
(1) "Small Business Development
			 Center" means a community college-based and state university-based center which
			 helps small businesses develop and improve skill in such areas as marketing
			 management and capital formation.
(2) "Oregon Small Business Development Center
			 Network" means the statewide network of small business development
			 centers.
Statutory/Other Authority: ORS
				  285A.075
Statutes/Other Implemented: ORS
				  285A.340 - 285A.075285A.349
				  & 285B.165 -
				  285B.180
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 22 - SMALL BUSINESS DEVELOPMENT CENTERS › Section 123-022-0080 - Eligibility Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
To be eligible for a grant, an entitle must be:
(1) a community college district, or a
			 community college service district; or
(2) a public university listed in ORS
			 352.002; or
(3) a service provider offering small
			 business development services in a specific geographic area that is not covered
			 by entities described in (1) or (2).
Statutory/Other Authority: ORS
				  285A.075
Statutes/Other Implemented: ORS
				  285A.340 -
				  285A.349 &
				  285B.165 -
				  285B.180
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 22 - SMALL BUSINESS DEVELOPMENT CENTERS › Section 123-022-0090 - Application and Award Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Each applicant for a small business development center grant shall submit a
			 work plan to the Oregon Small Business Development Center Network office. The
			 annual work plan shall include:
(a) Evidence
			 of the potential demand for assistance;
(b) Plans for involving other training
			 resources and expert resource people from the business community;
(c) A plan to offer business counseling to
			 the small business community;
(d) A
			 budget for the year(s) for which a grant is requested, which includes in-kind
			 contributions or combination of funds and contributions that the Small Business
			 Development Center will be providing that may include federal, state, college
			 or university, and client funds.
(e) A plan to participate in evaluations
			 conducted by the Oregon Small Business Development Center Network
			 office.
(f) A plan for alignment
			 with Department's job creation and retention definitions, policy and reporting
			 methodology;
(g) A plan for
			 alignment with Department strategic goals and focus on key industries
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 22 - SMALL BUSINESS DEVELOPMENT CENTERS › Section 123-022-0100 - Standards and Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Small Business Development Center Network office
				shall use the following criteria to evaluate applicants work plans:
(1) The number of small business clients to
			 be served through one-to-one counseling and training programs as set out in the
			 work plans;
(2) Special needs based
			 upon geographic location or special populations to be served.
(3) The quality and the extent to which the
			 work plan meets the needs of small business clients in the service
			 area.
(4) Alignment with the
			 Department's job creation and retention definitions, policy and reporting
			 methodology;
(5) Alignment with
			 Department strategic goals and focus on key industries
Statutory/Other Authority: ORS
				  285A.075
Statutes/Other Implemented: ORS
				  285A.340 -
				  285A.349 &
				  285B.165 -
				  285B.180
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 22 - SMALL BUSINESS DEVELOPMENT CENTERS › Section 123-022-0110 - Project Administration

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall designate one of the small business
				development centers to coordinate the activities of all small business
				development centers. The desginee shall review the applications and work plans,
				disburse the grant funds, and manage the Oregon Small Business Development
				Center Network office. In making the designation, the Department shall consider
				the recommendations of others providing substantial financial support to the
				Oregon Small Business Development Center Network.
Statutory/Other Authority: ORS
				  285A.075
Statutes/Other Implemented: ORS
				  285A.340 -
				  285A.349 &
				  285B.165 -
				  285B.180
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 24 - DISTRESSED AREAS › Section 123-024-0001 - Scope and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with ORS
				285A.020(5),
				the department shall give priority when providing funding for a project, a
				program or activity, to counties, cities, communities or other geographic areas
				that are designated as distressed by the department. The designation of
				distressed areas must be based on indicators of economic distress, including
				but not limited to unemployment, poverty and job loss.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  285A.020,
				  285A.075,
				  285B.062 &
				  285B.065
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 24 - DISTRESSED AREAS › Section 123-024-0011 - 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 definitions, unless the context clearly indicates otherwise: "City"
				means the area within the corporate limits of any incorporated city in
				Oregon.
Statutory/Other Authority: ORS
				  285A.075
Statutes/Other Implemented: ORS
				  285A.020,
				  285A.075,
				  285B.062&
				  285B.065
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 24 - DISTRESSED AREAS › Section 123-024-0021 - Distressed Area List

Current through Register Vol. 63, No. 7, July 1, 2024
At least once per biennium, the department will review the
				economic conditions in Oregon and prepare a list of distressed areas. The
				distressed area list on file with the department's Director's Office is adopted
				as part of these rules by reference. The department will make the distressed
				area list available to all interested parties. A copy of the distressed area
				list, as well as further information related to the methodology described in
				OAR 123-024-0031 and so forth, may
				be obtained from the Director's Office, Oregon Business Development Department,
				State Lands Building Suite 200, 775 Summer Street NE, Salem, Oregon
				97301-1280.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  285A.095,
				  285B.062 & 285B
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 24 - DISTRESSED AREAS › Section 123-024-0031 - Methodology for Determining Distressed Areas

Current through Register Vol. 63, No. 7, July 1, 2024
The department will consider a county, City, or other
				geographic area to be a distressed area under one of the following
				methods:
(1) Using the most recent
			 data available on the date of calculation, a county is considered distressed
			 when, an index is calculated as the product of the values calculated using four
			 composite factors. It is distressed if its index is less than 1.0. If the index
			 is more than 1.0 the county is considered non-distressed. The following are the
			 four factors used to determine a distressed county:
(a) The state's unemployment rate divided by
			 the county's unemployment rate;
(b)
			 The county's per capita personal income divided by the state's per capita
			 personal income;
(c) The change in
			 the county's average covered payroll per worker over a two year
			 period;
(d) The sum of the change
			 in the county's employment over a two year period; or
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 24 - DISTRESSED AREAS › Section 123-024-0046 - Temporary Methodology for Determining Distressed Areas

Current through Register Vol. 63, No. 7, July 1, 2024
The following methodology will be used to determine temporarily
				distressed areas when economic distress is abundant throughout the state of
				Oregon.
(1) State Temporary Distressed
			 Test: In a given month, if Oregon's unemployment rate exceeds 8.0%, the County
			 Temporary Distressed Methodology will be used.
(2) County Temporary Distressed Test: In a
			 given month, if Oregon's unemployment rate exceeds 8.0% and if the county's
			 unemployment rate exceeds 8.0%, the county is considered temporarily
			 distressed.
(a) When a temporarily distressed
			 county's unemployment falls below 8.0%, it will remain distressed for 180 days
			 or until the regular distressed communities list is published, whichever is
			 less.
(b) All places and cities
			 within a temporarily distressed county are considered distressed.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 25 - PORT PLANNING AND MARKETING FUND › Section 123-025-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to provide procedures, standards
				and criteria for operation of the Port Planning and Marketing Fund program
				authorized by ORS 285A.654 through
				285A.660.
Stat. Auth.: ORS
				  285A.075(5)
Stats. Implemented: ORS
				  285A.654 -
				  285A.660
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 25 - PORT PLANNING AND MARKETING FUND › Section 123-025-0010 - 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 will have the
				following definitions, unless the context clearly indicates otherwise:
(1) "Fund" means Port Planning and Marketing
			 Fund.
(2) "Peer Review Committee"
			 means a committee of Oregon port representatives, as determined by the
			 authority. The Peer Review Committee shall:
(a) Recommend standards and priorities for
			 typical Port Planning and Marketing Fund projects;
(b) Review and evaluate Port Planning and
			 Marketing Fund proposals submitted to the authority for possible funding;
			 and
(c) Review and evaluate project
			 deliverables as described in the grant contract prior to disbursal of final
			 payment.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 25 - PORT PLANNING AND MARKETING FUND › Section 123-025-0012 - Annual Funding of Program

Current through Register Vol. 63, No. 7, July 1, 2024
The authority will transfer up to 5.00% of the assets of the
				Port Revolving Fund, not to exceed the annual accrued net income from the Port
				Revolving Fund into the Port Planning and Marketing Fund annually as calculated
				on receipt of the Fund Audit each year.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  285A.654 -
				  285A.660
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 25 - PORT PLANNING AND MARKETING FUND › Section 123-025-0015 - Project Eligibility and Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
A planning or marketing project that meets the following
				criteria is eligible for assistance from the fund:
(1) The project is necessary for improving a
			 port's capability to carry out its authorized functions and activities relating
			 to trade and commerce;
(2) The
			 project is feasible and will produce measurable results;
(3) The project will promote the long-term
			 economic self-sufficiency of the port and will encourage cost-effective
			 investments guided by prudent financial consideration and review;
(4) The project has a single focus and does
			 not attempt to accomplish multiple disjointed or unrelated outcomes or
			 tasks;
(5) The applicant has met
			 the strategic planning requirements in
			 123-025-0016; and
(6) The project meets the standards and
			 criteria as set by the authority and Peer Review Committee in this division of
			 administrative rules.
Stat. Auth.: ORS
				  285A.075(5)
Stats. Implemented: ORS
				  285A.654 -
				  285A.660
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 25 - PORT PLANNING AND MARKETING FUND › Section 123-025-0016 - Strategic Business Plan Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Ports formed under ORS 777 shall develop
			 and maintain strategic business plans before obtaining authority funding for
			 other projects. This requirement will be phased in over several years. Ports
			 must have a formally adopted strategic business plan that meets the standards
			 and requirements of the authority identified in the Statewide Ports Strategic
			 Business Plan.
(2) The Ports
			 Statewide Strategic Business Plan was adopted by the Oregon Business
			 Development Commission on January 29, 2010. Ports must have their plan in place
			 within three years after the adoption of the Statewide Ports Strategic Business
			 Plan in order to obtain financial assistance from the authority. The strategic
			 business plans required under this rule shall be updated at least every ten
			 years.
(3) Exceptions may be made
			 by the Board for funding to Ports without a strategic business plan if:
(a) A concerted effort is made by the port to
			 begin drafting a strategic business plan based on the department's template
			 that meets the requirements of the Statewide Ports Strategic Plan for adoption
			 by the Board;
(b) During the phase
			 in period of a project if the project complies with the recommendations of the
			 Statewide Ports Strategic Plan;
(c)
			 An extension of the three year deadline may be granted by the Board if a port
			 is actively working to develop a department approved plan.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 25 - PORT PLANNING AND MARKETING FUND › Section 123-025-0017 - Application Submittal, Review and Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An eligible port may submit an
			 application after consulting with the authority on a preliminary determination
			 of eligibility and otherwise follow the authority's s procedures for submitting
			 applications. The application must be in the form provided by the Authority and
			 must contain or be accompanied by such information as the authority may
			 require. The authority will process only completed applications.
(2) Upon receipt of a signed application the
			 authority will within 14 days notify the port as to the status of the
			 application and advise the port of any missing materials or incomplete
			 application detail.
(3) Upon
			 receipt of a completed application the authority will apply the following
			 criteria to determine the project's eligibility:
(a) The project is cited in or conforms to a
			 port's adopted strategic business plan required under OAR
			 123-025-0016 and approved by the
			 authority and the Peer Review Committee.
(b) The project is not an unnecessary
			 duplication of marketing efforts among ports. However, it is recognized that
			 regional or cooperative projects may require ports to simultaneously perform
			 similar tasks;
(c) The project does
			 not subsidize regular port operating expenses;
(d) The project will not require or rely upon
			 continuing subsidies from the authority or department;
(e) Financial need may be a consideration
			 when reviewing a project proposal for funding; and,
(f) The requirements set out in OAR 123-025
			 are met. Should cite where these requirements are.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 25 - PORT PLANNING AND MARKETING FUND › Section 123-025-0021 - Project Funding Priorities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 At the beginning of each state fiscal year the authority and the Ports will
			 make reasonable efforts to identify and initiate high priority projects.
			 Funding of up to 50% of that year's transfer of funds will be reserved
			 exclusively for high priority projects for the first four months of the state
			 fiscal year, after which it will become available for any eligible
			 project.
(2) Projects to develop or
			 update the strategic business plans as required under OAR
			 123-025-0016, or port marketing
			 or financial plans, undertaken before the provisions of ORS
			 123-025-0016, will be given the
			 highest priority.
(3) Other high
			 priority projects are:
(a) Regional or
			 cooperative projects that benefit more than one port;
(b) Projects that leverage other marketing
			 and development efforts by the state or other government units;
(c) Projects leading to economic
			 diversification, development of a new or emerging industry or redevelopment of
			 existing public facilities.
(d)
			 Priority will be given for immediate job or revenue creation projects. Other
			 opportunities not cited in a port's adopted strategic business plan may be
			 given priority, provided that the port consults with the authority and the Peer
			 Review Committee and, if required to do so by the authority, the ruling body of
			 the port acts to amend its strategic business plan.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 25 - PORT PLANNING AND MARKETING FUND › Section 123-025-0023 - Grant Awards and Match

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 maximum grant is $50,000 or 75% of the total project cost, whichever is
			 less.
(2) Grants will be awarded
			 only when there are sufficient funds available in the fund.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  285A.654 -
				  285A.660
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 25 - PORT PLANNING AND MARKETING FUND › Section 123-025-0025 - Project Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 authority and the port must execute a grant contract prior to disbursal of
			 grant funds.
(2) Documentation of
			 project costs incurred by a port must be submitted to the authority prior to
			 disbursal of funds.
(3) Disbursal
			 of grant funds to a port will not exceed one disbursal per month. The final
			 disbursement request will be withheld until the Peer Review Committee reviews
			 and recommends approval of the appropriate grant contract deliverables of the
			 project.
(4) Upon request the port
			 must provide the authority with a copy of documents, studies, reports, and
			 materials developed during the project, including written report on activities
			 or results of the project, or any other information that may reasonably be
			 requested by the authority.
(5)
			 Prior to final disbursement, the Peer Review Committee will review all
			 documents produced as a result of the project. The committee will evaluate and
			 make recommendations to the authority on value of resulting document(s) and how
			 closely the project delivered the outcome anticipated in the application.
(6) Any monies disbursed but not
			 used for an approved project, must be returned to the authority.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  285A.654 -
				  285A.660
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 25 - PORT PLANNING AND MARKETING FUND › Section 123-025-0030 - Remedies

Current through Register Vol. 63, No. 7, July 1, 2024
The authority may seek legal remedies against ports that fail
				to comply with the requirements governing the fund. Remedies will not be
				imposed by the authority until the port has been notified in writing of
				deficiencies and has been given a reasonable time to respond and correct the
				deficiencies noted.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  285A.654 -
				  285A.660
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 27 - MARINE NAVIGATION IMPROVEMENT FUND › Section 123-027-0035 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to provide procedures, standards
				and criteria for operation of the Marine Navigation Improvement Fund authorized
				by ORS 777.262 to
				777.267.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  777.262 -
				  777.267
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 27 - MARINE NAVIGATION IMPROVEMENT FUND › Section 123-027-0040 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of these rules, the following terms will have
				the following definitions, unless the text clearly indicates otherwise:
(1) "Federally authorized project" means a
			 project that has been authorized or qualifies for federal funding from the
			 United States Army Corps of Engineers.
(2) "Non-federal project" means a navigation
			 project that is eligible under these rules but does not qualify for federal
			 funding from the United States Army Corps of Engineers.
(3) "Fund" means the Marine Navigation
			 Improvement Fund.
(4) "Project"
			 means studies, necessary permits, dredging, acquisition, modification and
			 maintenance of dredge disposal sites and construction of a new navigation
			 improvement project that is sponsored by a port and is eligible for assistance
			 from the Fund. A project can be either a federally authorized project or a
			 non-federally authorized project.
(5) "Non-Federal Share" means that portion of
			 a project cost not paid for by the United States Army Corps of
			 Engineers.
(6) "New Navigation
			 Improvement Project" means, for the purpose of ORS
			 777.267(1)(b) a
			 water project that directly supports, or provides access to, a federally
			 authorized navigation improvement project or a federally authorized navigation
			 channel. To be characterized as 'new', the dredging activity must go beyond
			 previously maintained improvements such as deeper channel depths or wider
			 breadth of area being served. However, "New Navigational Improvement project"
			 does not include dredging deeper than the depths of the federally authorized
			 navigation improvement project.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  777.262 -
				  777.267
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 27 - MARINE NAVIGATION IMPROVEMENT FUND › Section 123-027-0050 - Project Eligibility, Priority and Funding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be eligible for funding, Federally
			 Authorized Projects must meet the following criteria:
(a) The project is federally
			 authorized;
(b) The project is
			 listed in the Port's business or strategic plan; and
(c) The project has confirmed positive
			 benefit/cost ratios as required by the National Economic Development Plan and
			 has completed all federally required studies.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 27 - MARINE NAVIGATION IMPROVEMENT FUND › Section 123-027-0056 - Federally Authorized Project Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
The Port shall notify the Authority of a potential federally
				authorized project at the time it initiates the project with the United States
				Army Corps of Engineers and it shall submit written documentation to the
				Authority evidencing its participation with the United States Army Corps of
				Engineers. The written documentation must:
(1) Describe the nature and purpose of the
			 project, including: proposed project scheduling; project term; estimated
			 project cost; the Port's estimated non-federal share of the total project cost;
			 and, the required schedule for payment of the Port's non-federal share of the
			 total project cost;
(2) Contain
			 federal documents that authorize the project, including
			 Reconnaissance/Feasibility Studies; and
(3) Contain a copy of the Port's proposed
			 Local Cost Share Agreement with the United States Army Corps of Engineers for
			 undertaking and carrying out the project.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  777.262 -
				  777.267
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 27 - MARINE NAVIGATION IMPROVEMENT FUND › Section 123-027-0060 - Federally Authorized Project Application Review and Approval

Current through Register Vol. 63, No. 7, July 1, 2024
Based upon a review of the information described in OAR
				123-027-0056, the Authority will
				determine whether the project is eligible for assistance from the Fund. If the
				documentation is not adequate to determine eligibility, the Authority will
				require the Port to submit additional information as may be
				necessary.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  777.262 -
				  777.267
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 27 - MARINE NAVIGATION IMPROVEMENT FUND › Section 123-027-0070 - Federally Authorized Project Award and Funding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Authority and the Port shall execute
			 a contract prior to disbursal of moneys from the Fund. The contract shall be in
			 a form and content as provided by the Authority.
(2) Payments from the Fund shall be disbursed
			 in accordance with the executed contract.
(3) The Port must provide the Authority with
			 a written report, records, and a detailed accounting of costs in the format
			 required by the Authority :
(a) Within 30 days
			 following the close of each federal fiscal year; and
(b) Within 90 days following final completion
			 of a project.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 27 - MARINE NAVIGATION IMPROVEMENT FUND › Section 123-027-0106 - Non-Federal Project Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
Non-federally authorized projects that meet the following
				criteria are also eligible for assistance from the Fund:
(1) The project is listed in a Port's
			 business or strategic plan;
(2) The
			 project is ready to begin in the biennium for which funding is
			 requested;
(3) The project is a new
			 navigation improvement project; and
(4) The project meets the criteria of a
			 freight project, or a commercial/recreation project, as follows:
(a) A freight project facilitates
			 transportation for at least 5,000 tons of freight or cargo annually;
(b) A commercial/recreation project supports
			 at least 1,000 use days annually as evidenced by information from the State
			 Marine Board, the Ports Reporting System, the U.S. Coast Guard, or other
			 similar source of reliable data, or it is to support the operation of at least
			 one tour boat.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 27 - MARINE NAVIGATION IMPROVEMENT FUND › Section 123-027-0156 - Non-Federal Project Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Port may submit an application after
			 consulting with Authority staff on a preliminary determination of eligibility
			 and otherwise following the Authority's procedures for submitting
			 applications.
(2) The application
			 must be in the form provided by the Authority and must contain or be
			 accompanied by such information as the Authority may require. The Authority
			 will process only completed applications.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  777.262 -
				  777.267
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 27 - MARINE NAVIGATION IMPROVEMENT FUND › Section 123-027-0161 - Non-Federal Project Application Review and Approval

Current through Register Vol. 63, No. 7, July 1, 2024
To approve an application for assistance from the fund, the
				Authority must make the determinations as follows:
(1) The project is an eligible project. If
			 the Authority determines that the project is not eligible, it may reject an
			 application or require further documentation from the Port;
(2) The requisite need for the project has
			 been demonstrated to the Authority in the application or the local planning
			 process;
(3) If application is for
			 a loan, the loan security includes the pledge of revenues and/or other funds,
			 and is sufficient, when considered with other security, to assure
			 repayment;
(4) The Port is willing
			 and able to enter into a contract with the Authority; and
(5) Moneys in the fund are or will be
			 available for the project.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  777.262 -
				  777.267
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 27 - MARINE NAVIGATION IMPROVEMENT FUND › Section 123-027-0166 - Non-Federal Project Award and Funding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Authority and the Port will execute a
			 contract prior to disbursal of moneys from the Fund. The contract will be in a
			 form and content as provided by the Authority.
(a) Payments from the fund will be disbursed
			 in accordance with the executed contract.
(b) The Port must provide the Authority with
			 written reports, records, and an accounting of detailed costs for a project as
			 described in the contract.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 27 - MARINE NAVIGATION IMPROVEMENT FUND › Section 123-027-0211 - Federal and Non-Federal Project Appeals and Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Appeals of
			 local government decisions regarding a Project must be made at the local
			 level.
(2) The Director will
			 consider appeals of the Authority's funding decisions. Only the Port may
			 appeal. Appeals must be submitted in writing to the Director within 30 days of
			 the event or action that is being appealed. The Director's decision is
			 final.
(3) The Director may waive
			 non-statutory requirements of this program if it is demonstrated such a waiver
			 would serve to further the goals and objectives of the program.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  777.262 -
				  777.267
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 30 - PORT REVOLVING FUND › Section 123-030-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to provide procedures, standards
				and criteria for operation of the Port Revolving Fund program authorized by ORS
				285A.669 through
				285A.732.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  285A.669 -
				  285A.732
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 30 - PORT REVOLVING FUND › Section 123-030-0004 - 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 have the following
				definitions unless the context clearly indicates otherwise: "Fund" means the
				Oregon Port Revolving Fund.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  285A.669 -
				  285A.732
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 30 - PORT REVOLVING FUND › Section 123-030-0010 - Need for the Port Revolving Fund Project

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applications must include sufficient
			 information that will demonstrate the need for the project. The information
			 must include, but not be limited to, the following:
(a) Whether economic benefits and
			 opportunities such as increased employment, increased personal income, and cost
			 savings are evident;
(b) Whether
			 the applicant has a prospective user or other near-term use of the proposed
			 project; and
(c) That the project
			 satisfies the applicable requirements of OAR chapter 123, division 8.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 30 - PORT REVOLVING FUND › Section 123-030-0020 - Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
An eligible port district may submit an application after
				consulting with Authority staff on a preliminary determination of eligibility
				and otherwise following the Authority procedures for submitting
				applications.
(1) The application must
			 be in the form provided by the Authority and must contain or be accompanied by
			 such information as the Authority may require. The Authority will process only
			 completed applications.
(2) All
			 applications for loans from the Oregon Port Revolving Fund must indicate the
			 proposed collateral to secure the loan and must include the following
			 information:
(a) If the port's taxing
			 authority is proposed to be pledged as collateral, a statement certified by the
			 county assessor's office that sets forth the current millage rate, the
			 projected new millage rate, if required to pay off the loan, the port's maximum
			 current limitation, and a statement indicating whether the proposed pledge is
			 within the port's current maximum mill[MB2] age limitation;
(b) If any of the port's personal or real
			 property is proposed to be pledged as collateral, the Authority may require a
			 formal appraisal, certified by an appropriate licensed authority, attesting to
			 the value of all collateral proposed to be held as security.