reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 30 - PORT REVOLVING FUND › Section 123-030-0030 - Application Review and Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 To approve an application for assistance from the fund, the Authority must make
			 the determinations as follows:
(a) The project
			 is consistent with the requirements governing assistance from the fund. If the
			 Authority determines that the applicant and/or the proposed project do not meet
			 the requirements of this section, the Authority may reject an application or
			 require further documentation from the applicant;
(b) The requisite need for the project has
			 been demonstrated in the application or the local planning process;
(c) The port has certified to the Authority
			 that there will be adequate funds available to repay any loans made;
(d) The loan security includes the pledge of
			 revenues and/or other funds are sufficient, when considered with other
			 security, to assure repayment;
(e)
			 The applicant is willing and able to enter into a contract with the Authority
			 for repayment of the loan;
(f) The
			 project is ready to proceed including all necessary permits required by
			 federal, state and local agencies;
(g) The project activities constitute an
			 eligible project;
(h) Moneys in the
			 fund are or will be available for the project;
(i) The requirements under ORS
			 285A.055 for approval have been
			 satisfied;
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 30 - PORT REVOLVING FUND › Section 123-030-0040 - Loan Contract Terms and Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The interest rate on a loan will be based
			 on market conditions for similar debt, and will be set at the time of the
			 award.
(2) The term of the loan
			 will not exceed the useful life of the contracted project or 30 years from the
			 year of project completion, whichever is less.
(3) For a flexible manufacturing space
			 project, the loan contract may provide that no interest accrue until the
			 building is 25 percent occupied, or until three years after the date of the
			 loan contract, whichever is earlier.
(4) The loan contract will:
(a) Be in a form as provided by the
			 Authority, and
(b) Provide that the
			 Authority may institute appropriate action to prevent use of project facilities
			 financed by the fund if the port is delinquent in its repayments.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 30 - PORT REVOLVING FUND › Section 123-030-0050 - Sanctions, Exceptions and Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may seek legal remedies against ports that fail
				to comply with the requirements governing the fund. The Department will not
				impose remedies 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.669 -
				  285A.732 &
				  285A.690
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 42 - SPECIAL PUBLIC WORKS FUND PROGRAM › Section 123-042-0010 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				285B.419, the Oregon Business
				Development Department is required to adopt rules that implement the Special
				Public Works Fund Program. These rules are promulgated under authority granted
				by ORS 285B.419(1) and
				285A.075.
Stat. Auth.: ORS
				  285B.419 &
				  285A.075
Stats. Implemented: ORS
				  285B.410 -
				  285B.482
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 42 - SPECIAL PUBLIC WORKS FUND PROGRAM › Section 123-042-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of these rules additional definitions may be
				found in Procedural Rules, OAR 123-001. As used in this OAR 123 division 42 the
				following terms have the meanings set forth below, unless the context clearly
				indicates otherwise.
(1) "Authority"
			 means the Infrastructure Finance Authority within the Oregon Business
			 Development Department.
(2) "Award"
			 means the Authority's determination that the project is eligible for funding
			 and that the Authority has identified the specified funding type and amount for
			 the activities described in the staff recommendation.
(3) "Award date" means the date of the final
			 Authority management signature approving the award.
(4) "Board" means the Oregon Infrastructure
			 Finance Authority Board.
(5)
			 "Commission" means the Oregon Business Development Commission
(6) "Development project" means a project for
			 the acquisition, improvement, construction, demolition, or redevelopment of
			 municipally owned utilities, buildings, land, transportation facilities or
			 other facilities that assist the economic and community development of the
			 municipality, including but not limited to the following type of projects:
(a) Transportation projects
(b) Utility system projects
(c) Buildings, lands or other facility
			 projects including planning project activities that are necessary or useful as
			 determined by the Authority.
(d)
			 Natural or Green Infrastructure projects. For a project to be eligible under
			 Natural or Green Infrastructure, the following criteria must be met:
(A) Investment must be associated with
			 current, converted, or to be restored natural area or a naturalized area
			 designed to emulate natural function;
(B) Project benefits are targeted to
			 communities and the project must be municipally owned. Ownership may include
			 easements or fee simple to the degree necessary for the infrastructure project.
			 Projects must demonstrate management is in place to ensure project
			 benefits.
(C) The project must
			 provide enhanced gains, including but not limited to, climate resilience for
			 communities, drinking water source protection, enhanced water quality and
			 floodwater retention.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 42 - SPECIAL PUBLIC WORKS FUND PROGRAM › Section 123-042-0026 - Loan and Grant Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The moneys in the fund will be used primarily to provide loans to
			 municipalities for projects. Grants may be given only when loans are not
			 feasible due to the financial need of the municipality or special circumstances
			 of a project. The level of loan or grant funding, if any, may be determined by
			 the Authority on a case-by case-basis. The Authority shall determine awards in
			 a manner that maximizes the use of available resources and maintains the
			 desired credit standards of the fund according to the following criteria:
(a) Amount requested;
(b) Type;
(c) Interest rate;
(d) Terms and conditions of an award. The
			 Authority may offer an alternate mix or lower amount of assistance than
			 requested, and it may investigate and recommend other sources of funds for all
			 or part of a proposed project.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 42 - SPECIAL PUBLIC WORKS FUND PROGRAM › Section 123-042-0036 - Project Priorities and Funding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The authority may consider the following
			 priorities when determining a development project's eligibility, including but
			 not limited to:
(a) Projects that help create
			 or retain permanent jobs.
(b)
			 Projects for which a municipality has documented a strong likelihood of
			 creating construction jobs or otherwise promoting or contributing to economic
			 and community development.
(c)
			 Projects for which a municipality has documented substantial local commitment
			 to the project's success.
(d)
			 Projects for which a municipality has documented how the benefits of the
			 project will be preserved over the project life.
(e) Projects for which a municipality has
			 documented how the project will utilize natural or green infrastructure to
			 provide multiple benefits for the environment and human well-being.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 42 - SPECIAL PUBLIC WORKS FUND PROGRAM › Section 123-042-0038 - Criteria for Special Project Funding

Current through Register Vol. 63, No. 7, July 1, 2024
Special types of development projects must meet the following
				criteria. If the project consists:
(1) Solely of the acquisition of land by the
			 municipality, the land must be identified in the applicable land use or capital
			 plan as necessary for a potential development project or be zoned solely for
			 commercial or industrial use. A loan for such a project must be repaid if the
			 land that is acquired through the proceeds of the loan is rezoned so as to be
			 no longer zoned for industrial or commercial use.
(2) Of a privately owned railroad, the
			 railroad must be designated by the owner and operator as subject to abandonment
			 within three years, pursuant to federal law governing abandonment of common
			 carrier railroad lines.
(3) Of a
			 telecommunications system, the governing body of the municipality shall adopt a
			 resolution, after a public hearing, finding that the proposed
			 telecommunications system project is necessary and would not otherwise be
			 provided by a for-profit entity within a reasonable time and for a reasonable
			 cost.
(4) Of an energy system, the
			 municipality and the serving utility must execute an ownership and operating
			 agreement for the proposed energy system project. This sub-section does not
			 apply when the energy system project will be located within the recognized
			 service territory of the municipality.
(5) Of a marine facility project authorized
			 under ORS 777.267, assistance from the
			 fund can only be a loan that may not exceed the amount of the required local
			 match.
(6) Of a project for a
			 utility system that is functionally connected to, or anticipates connecting to,
			 another municipality's utility system, an intergovernmental cooperation
			 agreement that describes the duties and obligations of each entity in regard to
			 the project and utility system is required. A certified copy of the fully
			 executed intergovernmental agreement must be provided before the Authority will
			 disburse funds.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  285A.075 &
				  285B.410 -
				  285B.460
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 42 - SPECIAL PUBLIC WORKS FUND PROGRAM › Section 123-042-0045 - Planning Project Eligibility, Criteria and Funding

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) A
			 planning project, as defined in ORS
			 285B.410(10),
			 may be eligible for a loan. The Authority will make awards for loans based on
			 availability of moneys in the fund and prudent fund management as well as its
			 financial analysis of the municipality's ability to repay the loan;
(b) The interest rate for a planning project
			 loan will be 50 percent of the rate set by the Authority for direct loans in
			 effect at the time of the award. The loan term shall not exceed seven
			 years.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 42 - SPECIAL PUBLIC WORKS FUND PROGRAM › Section 123-042-0055 - Emergency Project Eligibility, Criteria and Funding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An emergency project, as defined in ORS
			 285B.410(5),
			 which meets the following criteria is eligible for assistance from the fund:
(a) The project must result from an emergency
			 as defined in ORS 401.025; and
(b) The project must have federal disaster
			 relief assistance funds committed;
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 42 - SPECIAL PUBLIC WORKS FUND PROGRAM › Section 123-042-0061 - Levee Project Eligibility, Criteria and Funding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Authority may provide financial
			 assistance in the form of loans and grants for a levee project to:
(a) A municipality, including drainage
			 districts organized under ORS Chapter 547;
(b) Corporations or companies for drainage or
			 flood control organized under ORS Chapter 554;
(c) For-profit or nonprofit entities and
			 individuals engaged in the ownership, construction, inspection, accreditation,
			 certification or repair of levees.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 42 - SPECIAL PUBLIC WORKS FUND PROGRAM › Section 123-042-0065 - Allowable Project Costs

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of projects funded under this division of rules,
				the allowable costs of a project include:
(1) Financing costs, including capitalized
			 interest;
(2) Direct project
			 management costs;
(3) Costs of
			 consultant services and expenses;
(4) Construction costs and
			 expenses;
(5) Costs of property
			 acquisition, including any easement, or right of way directly related to and
			 necessary for the project;
(6)
			 Costs incurred by the municipality prior to the award if such costs are
			 allowable under the authority's adopted policy for reimbursement of pre-award
			 costs;
(7) Costs of acquiring
			 off-site property for purposes directly related to the project, such as wetland
			 mitigation; and
(8) Other costs
			 that the authority determines to be necessary or useful.
Stat. Auth.: ORS
				  285B.419 &
				  285A.075
Stats. Implemented: ORS
				  285B.410 -
				  285B.482
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 42 - SPECIAL PUBLIC WORKS FUND PROGRAM › Section 123-042-0076 - Ineligible Projects and Project Costs

Current through Register Vol. 63, No. 7, July 1, 2024
Expenses and costs expressly allowed under this division of
				rules are eligible for reimbursement from the fund. All other costs are
				ineligible for reimbursement including but not limited to:
(1) Assistance to facilities that are or will
			 be privately owned;
(2) Purchase of
			 general purpose motor vehicles and equipment not essential to or for the
			 project;
(3) Assistance to projects
			 that primarily focus on relocating business or economic activity from one part
			 of the state to another, except in cases where the business or economic
			 activity would otherwise locate outside of Oregon; and
(4) Project operating or maintenance costs,
			 except as allowed by statute.
Statutory/Other Authority: ORS
				  285B.419 &
				  285A.075
Statutes/Other Implemented: ORS
				  285B.410 -
				  285B.482
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 42 - SPECIAL PUBLIC WORKS FUND PROGRAM › Section 123-042-0122 - Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 municipality may submit an application to the Authority after consulting with
			 the Authority on a preliminary determination of eligibility and following the
			 Authority's procedures.
(2) The
			 application must be in the form provided by the Authority and must contain or
			 be accompanied by such information and documentation as the Authority may
			 require. The Authority may assist municipalities in understanding program
			 requirements and in completing applications. The Authority will process only
			 completed applications.
Stat. Auth.: ORS
				  285B.419 &
				  285A.075
Stats. Implemented: ORS
				  285B.410 -
				  285B.482
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 42 - SPECIAL PUBLIC WORKS FUND PROGRAM › Section 123-042-0132 - Application Review and Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For a construction project the Authority must make the following
			 determinations:
(a) The municipality has
			 certified that the proposed project is feasible, is the most cost effective
			 solution, and adequately serves the applicable land uses in both the short and
			 long term;
(b) The loan is secured
			 by the pledge of utility revenues or other revenues, collateral, or payments
			 from any owners of specially benefited properties, and such pledge is
			 sufficient, when considered with other collateral or assets, to assure
			 repayment, and the municipality has certified to the Authority that there will
			 be adequate funds available to repay the loans made to the municipality from
			 the fund;
(c) The municipality is
			 willing and able to enter into a contract with the Authority;
(d) The project is consistent with the
			 requirements governing assistance from the fund. If the Authority determines
			 that the municipality or the proposed project does not meet the requirements of
			 OAR chapter 123, division 42, the Authority may reject an application or
			 require further documentation from the municipality;
(e) Other funds that may be needed to
			 complete the project are available or the municipality has a binding commitment
			 for such funds. If a portion of the other funds needed to complete the project
			 is not available or committed at the time an award is made, the award will be
			 conditional on securing the other needed funds or a binding commitment for such
			 funds; and
(f) The project is ready
			 to begin and the municipality has committed in writing that, if awarded the
			 assistance, it shall proceed immediately.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 42 - SPECIAL PUBLIC WORKS FUND PROGRAM › Section 123-042-0155 - Contracts and Disbursements of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Authority shall disburse monies from
			 the fund only after entering into a binding contract with the
			 municipality.
(2) The contract will
			 be in form and substance as provided by the Authority, and must include:
(a) A provision that disbursements from the
			 fund will be according to the terms of the contract;
(b) A provision that the liability of the
			 Authority under the contract is contingent upon the availability of moneys in
			 the fund for use in the project;
(c) For a development project, a provision
			 requiring the contracted project remain in municipal ownership for either the
			 life of the loan, or for not less than 10 years following the Project Closeout
			 Deadline if funding award is solely a grant. If this condition is not met, the
			 grant and any interest earned is immediately payable to the Authority, unless
			 the Authority in its sole discretion elects to convert the grant to a loan on
			 terms and conditions satisfactory to the Authority;
(d) For a planning project, other than
			 planning projects conducted for levee certification, a provision requiring that
			 the land involved in the project must remain zoned as industrial and not be
			 converted to another use for at least 5 years after completion of the project.
			 If this condition is not met, the grant and any interest earned is immediately
			 payable to the Authority, unless the Authority in its sole discretion elects to
			 convert the grant to a loan on terms and conditions satisfactory to the
			 Authority;
(e) If any portion of
			 the assistance is in the form of a loan or the purchase of a bond of a
			 municipality, a provision granting the Authority a lien on, or a security
			 interest in, the collateral as determined by the Authority to be necessary to
			 secure repayment of the loan or bond;
(f) A provision that for a period of up to
			 six (6) years after project completion, the Authority may request that the
			 municipality, at its own expense, submit data on the economic development
			 benefits of the project, including but not limited to, information on new or
			 retained jobs resulting from the project, and other information necessary to
			 evaluate the success and economic impact of the project; and
(g) Other provisions that the Authority
			 considers necessary or appropriate to implement the assistance.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 42 - SPECIAL PUBLIC WORKS FUND PROGRAM › Section 123-042-0165 - Municipality Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 municipality must comply with all applicable state laws, regulations and
			 requirements, such as Oregon prevailing wage rates, municipal audit law, and
			 procurement regulations.
(2) The
			 municipality shall maintain accounts and records for all activities associated
			 with the contracted project and shall provide the Authority, and its
			 representatives, reasonable access to such records. The municipality shall
			 submit periodic reports on the project as requested by the Authority.
(3) The municipality shall certify
			 that any service provider retained for their professional expertise is
			 certified, licensed, or registered, as appropriate, in the State of Oregon for
			 their specialty.
(4) The
			 municipality shall certify that it will follow standard construction practices,
			 such as bonding of engineers and contractors, requiring errors and omissions
			 insurance, performing testing and inspections during construction, and
			 obtaining as-built drawings.
(5)
			 For a project funded with state lottery proceeds, the municipality shall comply
			 with ORS 280.518 requiring public display
			 of information on lottery funding of the project. At a minimum the municipality
			 shall:
(a) Include the following statement,
			 prominently placed on all plans, reports, bid documents and advertisements
			 relating to the project: "This project was funded in part with a financial
			 award from the Special Public Works Fund, funded by the Oregon State Lottery
			 and administered by the Oregon Infrastructure Finance Authority"; and
(b) For a construction project,
			 post a sign, provided by the Authority, at the project site or, if more than
			 one site is included in the project, at a site visible to the general public
			 stating that the project is being funded by lottery proceeds.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 42 - SPECIAL PUBLIC WORKS FUND PROGRAM › Section 123-042-0175 - Eligibility Criteria for State Revenue Bond Loans

Current through Register Vol. 63, No. 7, July 1, 2024
The Authority shall apply the following standards for
				determining the eligibility of development projects for revenue bond financing:
(1) Loan repayment must be secured by
			 a full faith and credit pledge of the municipality;
(2) The loan must be of sufficient size as
			 determined by the Authority;
(3)
			 The loan must be fully amortized over its term with fixed annual principal and
			 interest payments and the term of the loan will not exceed the usable life of
			 the contracted project;
(4) The
			 loan must conform to the requirements of the bond indenture for the state
			 revenue bonds; and
(5) The loan and
			 the municipality must meet the minimum underwriting criteria for revenue bond
			 financing as established by Authority policies.
Stat. Auth.: ORS
				  285B.419 &
				  285A.075
Stats. Implemented: ORS
				  285B.410 -
				  285B.482
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 42 - SPECIAL PUBLIC WORKS FUND PROGRAM › Section 123-042-0180 - Remedies

Current through Register Vol. 63, No. 7, July 1, 2024
The Authority may invoke remedies for an "event of default" as
				described in the contract with the municipality, including but not limited to
				the following:
(1) Withholding of
			 amounts otherwise due to the municipality pursuant to ORS
			 285B.449;
(2) Barring Recipient from applying for
			 future awards.
Stat. Auth.: ORS
				  285B.419 &
				  285A.075
Stats. Implemented: ORS
				  285B.410 -
				  285B.482
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 42 - SPECIAL PUBLIC WORKS FUND PROGRAM › Section 123-042-0190 - Appeals and Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Appeals of decisions made by a municipality regarding a project must be made in
			 accordance with the requirements and procedures of the municipality.
(2) The executive director of the authority
			 will consider appeals of the authority's funding decisions. Only the
			 municipality may appeal. An appeal must be submitted in writing to the
			 executive director within 30 days of the event or action that is being
			 appealed. A project that would have been funded but for a technical error in
			 the authority's review of the application will be funded as soon as sufficient
			 moneys become available in the fund, provided the project is still viable. The
			 executive director's decision is final.
(3) The executive ddirector 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
				  285B.419 &
				  285A.075
Stats. Implemented: ORS
				  285B.410 -
				  285B.482 &
				  285A.101
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 43 - WATER/WASTEWATER FINANCING PROGRAM › Section 123-043-0000 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				285B.563, the Oregon Business
				Development Department is required to adopt rules that provide procedures,
				standards and criteria for the Water/Wastewater Financing
				Program.
Stat. Auth.: ORS
				  285B.563 &
				  285A.075
Stats. Implemented: ORS
				  285B.560 -
				  285B.599
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 43 - WATER/WASTEWATER FINANCING PROGRAM › Section 123-043-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of these rules additional definitions may be
				found in Procedural Rules, OAR 123-001. As used in this division of
				administrative rules, the following terms shall have the following meaning,
				unless the context clearly indicates otherwise:
(1) "DEQ" means the State of Oregon
			 Department of Environmental Quality.
(2) "Drinking water project" means a project
			 for constructing or improving a drinking water system or a water development
			 project, as defined in ORS
			 541.700(6)(a), (b) and (d) to
			 (f), that is owned and operated by a
			 municipality.
(3) "Fund" means the
			 water fund created by ORS
			 285B.563.
(4) "Non-compliance" means the municipality
			 has received a notice of non-compliance with:
(a) Drinking water quality standards
			 administered by the Oregon Health Authority Drinking Water Services;
			 or
(b) Water quality statutes,
			 rules, orders, or permits administered by DEQ or the Environmental Quality
			 Commission.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 43 - WATER/WASTEWATER FINANCING PROGRAM › Section 123-043-0015 - Eligible Project Costs and Activities- Water Projects

Current through Register Vol. 63, No. 7, July 1, 2024
Eligible costs include the reasonable costs as determined by
				the Authority for eligible water projects owned and operated either by the
				municipality or under a management contract or an operating agreement with the
				municipality and may include:
(1)
			 Water project development costs including but not limited to costs associated
			 with design and engineering, architectural and planning work, permitting,
			 environmental review, regulatory processes, public outreach, community
			 engagement, technical assistance and support activities necessary to support
			 the construction of a project;
(2)
			 Construction, improvement or expansion of drinking water projects including all
			 facilities necessary for source, supply, filtration, treatment, storage,
			 transmission, and metering;
(3)
			 Construction, improvement or expansion of wastewater system improvement
			 projects including all facilities necessary for collecting, conveying, pumping,
			 treating and disposing of sanitary sewage, including correction of infiltration
			 and inflow through replacement of lines, sliplining, or other corrective
			 processes;
(4) Construction,
			 improvement or expansion of storm drainage systems including all facilities
			 necessary for controlling, collecting, conveying, treating and discharging of
			 stormwater;
(5) The acquisition of
			 real property directly related to or necessary for the proposed water
			 project;
(6) Construction
			 contingencies for the water project;
(7) Financing costs associated with the
			 department's financing including capitalized interest, issuance and debt
			 service reserve costs, when such costs are incurred in funding a
			 project;
(8) Costs incurred by the
			 municipality prior to a water project award if such costs are allowable under
			 the department's adopted policy for reimbursement of pre-award costs;
			 and
(9) Direct project management
			 costs as defined in ORS
			 285B.560(1).
Statutory/Other Authority: ORS
				  285B.563
Statutes/Other Implemented: ORS
				  285B.560 -
				  285B.599
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 43 - WATER/WASTEWATER FINANCING PROGRAM › Section 123-043-0025 - Ineligible Project Costs

Current through Register Vol. 63, No. 7, July 1, 2024
Expenses and costs expressly allowed by OAR
				123-043-0015 are eligible for
				reimbursement from the fund. All other costs, including but not limited to
				those listed below, are ineligible for reimbursement:
(1) Costs incurred for facilities that are or
			 will be privately owned;
(2) Cost
			 of purchase of general purpose motor vehicles and other equipment not directly
			 related to the project;
(3) Cost of
			 purchase of off-site property for uses not directly related to the project;
			 and
(4) Project operating or
			 maintenance expenses.
Statutory/Other Authority: ORS
				  285B.563 &
				  285A.075
Statutes/Other Implemented: ORS
				  285B.560 -
				  285B.599
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 43 - WATER/WASTEWATER FINANCING PROGRAM › Section 123-043-0035 - Criteria and Limitations for Funding - Water Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Priority shall be given to projects
			 necessary to ensure that municipal water and wastewater systems achieve or
			 maintain compliance with the requirements of:
(a) Drinking water quality standards
			 administered by the Oregon Health Authority Drinking Water Services;
			 or
(b) Water quality statutes,
			 rules, orders, or permits administered by DEQ or the Environmental Quality
			 Commission.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 43 - WATER/WASTEWATER FINANCING PROGRAM › Section 123-043-0041 - Criteria and Limitations for Funding - Technical Assistance Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Technical
			 assistance awards are available to municipalities with populations of 15,000 or
			 less.
(2) The Authority may make
			 technical assistance awards for:
(a) Water
			 Master Plans or Wastewater Facility Plans;
(b) Preliminary engineering or planning;
			 legal, financial, and economic investigations, reports and studies to determine
			 the feasibility of a project, if the Authority determines there is adequate
			 documentation from a regulatory authority recognized by the Authority as having
			 responsibility for the protection of water quality or the supply of clean
			 drinking water that shows the technical assistance project is needed;
			 or
(c) Studies to assess the
			 feasibility of regionalization of drinking water or wastewater
			 infrastructure.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 43 - WATER/WASTEWATER FINANCING PROGRAM › Section 123-043-0055 - Loan and Grant Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Authority may award financing in a manner that maximizes the use of
			 available resources and maintains the desired credit standards of the fund. The
			 Authority shall determine the amount, type, interest rate and terms of any
			 financing awarded. It may offer an alternate mix or lower amount of assistance
			 than requested. The amount of the award may be the minimum amount that the
			 department determines is necessary to enable the project to proceed, and the
			 Authority may investigate and recommend other sources of funds for all or part
			 of a proposed project. Projects that the Authority determines are not
			 financially feasible will not be funded.
(2) Loans for water projects:
(a) The term of a loan is limited to the
			 usable life of the contracted project, or 30 years from the year of project
			 completion, whichever is less.
(b)
			 The interest rate on a loan is based on market conditions for similar debt. In
			 addition to, or in lieu of a grant, the Authority may offer a subsidized
			 interest rate if the community meets the criteria identified in (3)(b) and
			 (3)(c) below.
(c) The interest rate
			 on a bond funded loan is equal to the coupon rates on the state revenue bonds
			 funding the loan. Until the state revenue bonds funding the loan are sold, the
			 municipality will pay interest at a rate established by the Authority on loan
			 funds disbursed to the municipality.
(d) The maximum amount for a loan for a
			 project will be determined by the Authority on the basis of the department's
			 financial analysis of the municipality's capacity for repaying the debt, the
			 availability of moneys in the fund and prudent fund management, but will not
			 exceed $10,000,000.
(e) A loan must
			 be secured by a full faith and credit obligation that is payable from any taxes
			 which the municipality may levy within the limitations of Article XI of the
			 Oregon Constitution and all legally available revenues and other funds of the
			 municipality. A pledge of specific revenues of the municipality may be required
			 by the Authority to be pledged in addition to the foregoing.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 43 - WATER/WASTEWATER FINANCING PROGRAM › Section 123-043-0065 - Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 municipality may submit an application to the Authority at any time after the
			 Authority has made a preliminary determination of eligibility and shall comply
			 with the Authority's procedures for submitting applications.
(2) For a project that is part of a system
			 that is, or will be, functionally connected to, another municipality's system,
			 an intergovernmental cooperation agreement that describes the duties and
			 obligations of each entity is required. The fully executed intergovernmental
			 agreement must be provided before the financing contract will be executed by
			 the Authority.
(3) The application
			 shall be in the form provided by the Authority and shall contain or be
			 accompanied by such information and documentation as the Authority may require.
			 The Authority will process only completed applications.
Statutory/Other Authority: ORS
				  285B.563 &
				  285A.075
Statutes/Other Implemented: ORS
				  285B.560 -
				  285B.599
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 43 - WATER/WASTEWATER FINANCING PROGRAM › Section 123-043-0075 - Application Review and Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For a water project, the Authority must make the following determinations:
(a) Project feasibility as demonstrated by
			 certification from a professional engineer registered in the State of Oregon in
			 an engineering report, such as a Master Plan, that the proposed project is
			 feasible and is the most cost effective solution, or other feasibility
			 documentation approved by the Authority.
(b) The loan is secured by the pledge of
			 utility revenues or other revenues or payments from owners of specially
			 benefited properties, and these revenues or payments are sufficient, when
			 considered with other security, to assure repayment of the loan and the
			 municipality has certified to the Authority that there will be adequate funds
			 available to repay the loans made to the municipality from the fund.
(c) Moneys in the appropriate accounts of the
			 fund are or will be available for the project.
(d) The municipality is willing and able to
			 enter into a contract with the Authority.
(e) The project is consistent with the
			 requirements governing assistance from the fund. If the Authority determines
			 that the municipality or the proposed project does not meet the requirements of
			 this OAR 123-043-0075, the Authority may
			 reject an application or require further documentation from the
			 municipality.
(f) The project is
			 ready to begin and the municipality has committed in writing that, if awarded
			 the assistance it shall proceed immediately.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 43 - WATER/WASTEWATER FINANCING PROGRAM › Section 123-043-0085 - Contract Requirements and Disbursement of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Authority shall disburse monies from
			 the fund for water projects or technical assistance projects only after
			 entering into a binding contract with the municipality.
(2) The contract shall be in a form provided
			 by the Authority.
(3) If any
			 portion of the assistance is in the form of a loan or the purchase of a bond of
			 a municipality, a provision granting the Authority a lien on or a security
			 interest in the collateral as determined by the Authority to be necessary to
			 secure repayment of the loan or bond shall be included in the
			 contract.
(4) Drinking water
			 projects are subject to the following contract provisions:
(a) A provision requiring the municipality to
			 install meters on all new active service connections from any distribution
			 lines that may be included in the project; and
(b) For a drinking water project with
			 existing, active unmetered service connections, a provision requiring the
			 municipality to install meters on such service connections no later than two
			 years after the completion of the project;
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 43 - WATER/WASTEWATER FINANCING PROGRAM › Section 123-043-0095 - Recipient Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 municipality must comply with all applicable state laws, regulations and
			 requirements, such as Oregon prevailing wage rates, municipal audit law, and
			 procurement regulations.
(2) The
			 municipality shall certify that a registered professional engineer will be
			 responsible for the design and construction of the project and it shall follow
			 standard construction practices, such as bonding of engineers and contractors,
			 requiring errors and omissions insurance, performing testing and inspections
			 during construction, and obtaining as-built drawings.
(3) For a project funded with state lottery
			 proceeds, the municipality shall comply with ORS
			 280.518 for public display of
			 information on lottery funding of the project. At a minimum the municipality
			 shall:
(a) Include the following statement,
			 prominently placed, on all plans, reports, bid documents and advertisements
			 relating to the Project: "This project was funded in part with a financial
			 award from the Water Fund, funded by the Oregon State Lottery and administered
			 by the State of Oregon, Business Development Department." and
(b) For a construction project, post a sign,
			 provided by the Authority, at the project site or, if more than one site is
			 included in the project, at a site visible to the general public stating that
			 the project is being funded by lottery proceeds.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 43 - WATER/WASTEWATER FINANCING PROGRAM › Section 123-043-0102 - Eligibility Criteria for State Revenue Bond Loans

Current through Register Vol. 63, No. 7, July 1, 2024
The Authority shall apply the following standards for
				determining the eligibility of projects for state revenue bond financing:
(1) Loan repayment must be secured by
			 a full faith and credit pledge of the municipality;
(2) The loan must be of sufficient size as
			 determined by the Authority;
(3)
			 The loan must be fully amortized over its term with fixed annual principal and
			 interest payments, and the term of the loan must not exceed the usable life of
			 the contracted project or 30 years from the year of project completion,
			 whichever is less;
(4) The loan
			 must conform to the requirements of the bond indenture for the state revenue
			 bonds; and
(5) The loan and the
			 municipality must meet the minimum underwriting criteria for state revenue bond
			 financing as established by Department policies.
Stat. Auth.: ORS
				  285B.563 &
				  285A.075
Stats. Implemented: ORS
				  285B.560 -
				  285B.599
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 43 - WATER/WASTEWATER FINANCING PROGRAM › Section 123-043-0105

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  285B.563 &
				  285A.075
Stats. Implemented: ORS
				  285B.560 -
				  285B.599
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 43 - WATER/WASTEWATER FINANCING PROGRAM › Section 123-043-0115 - Appeals and Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
The director or the director's designee will consider appeals
				of the Authority's funding decisions. Only the municipality may appeal. Appeals
				must be submitted in writing to the director within 30 days of the event or
				action that is being appealed. A project that would have been funded but for a
				technical error in the Authority's review of the application, as determined by
				the director, will be funded as soon as sufficient moneys become available in
				the fund, provided the project is still viable. The director or the director's
				designee decision is final.
Statutory/Other Authority: ORS
				  285B.563 &
				  285A.075
Statutes/Other Implemented: ORS
				  285B.560 -
				  285B.599
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 46 - TIDE GATE GRANT AND LOAN PROGRAM › Section 123-046-0000 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
These rules establish procedures for the Oregon Business
				Development Department in accepting applications and considering proposals for
				funding under the Tide Gate Grant and Loan Program established under section
				21, House Bill 4304, 2020 2nd Special Session, which, among other things,
				includes funding for the planning and construction of tide gates and associated
				culverts and drainage infrastructure.
Statutory/Other Authority: ORS
				  285A.075 & Ch 10, OL
				  2020
Statutes/Other Implemented: Ch 10, OL
				  2020
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 46 - TIDE GATE GRANT AND LOAN PROGRAM › Section 123-046-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of these rules additional definitions may be
				found in Procedural Rules, OAR 123-001. As used in this division of
				administrative rules, the following terms shall have the following meaning,
				unless the context clearly indicates otherwise:
(1) "Department" means the Oregon Business
			 Development Department.
(2) "Fund"
			 means the Tide Gate Grant and Loan Fund.
(3) "Municipality" means an Oregon city or
			 county, a Port organized under ORS chapter 777 or 778, a county service
			 district organized under ORS chapter 451, a district as defined in ORS chapter
			 198, a tribal council of a federally recognized Indian tribe in this state or
			 an airport district organized under ORS chapter 838.
(4) "Non-Profit Organization" means an
			 organization that uses surplus revenues to achieve its goals rather than
			 distributing them as profit or dividends.
(5) "Persons" means Individuals,
			 corporations, associations, firms, partnerships, or joint stock
			 companies.
(6) "Tide gate
			 construction project" means improvements to a tide gate drainage system
			 intended to ensure land drainage and flood protection including repair or
			 replacement of tide gates, culverts, or other barriers to proper drainage of
			 lands and flood protection.
(7)
			 "Tide gate drainage system" means interconnected tide gates and associated
			 culverts and infrastructure needed to drain tidelands and ensure flood
			 protection.
(8) "Tide gate planning
			 project" means design and engineering, legal costs, permitting, environmental
			 review, regulatory processes, landowner coordination, and support activities
			 needed to develop a tide gate project ready for construction.
(9) "Tide gate project" means either a tide
			 gate construction project or a tide gate planning project.
Statutory/Other Authority: ORS
				  285A.075 & Ch 10, OL
				  2020
Statutes/Other Implemented: Ch 10, OL
				  2020
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 46 - TIDE GATE GRANT AND LOAN PROGRAM › Section 123-046-0020 - Eligible Project Costs and Activities

Current through Register Vol. 63, No. 7, July 1, 2024
Eligible costs include the reasonable costs and necessary, as
				determined by the Department, for eligible tide gate projects and may
				include:
(1) Tide gate project
			 development costs including, but not limited to: direct costs associated with
			 design and engineering, legal costs, permitting, environmental review,
			 regulatory processes, landowner coordination, and support activities necessary
			 to develop a tide gate construction project;
(2) Funding award administration costs not to
			 exceed $10,000;
(3) Construction,
			 repair or replacement of tide gates, culverts, or other barriers to land
			 drainage and flood protection associated with a tide gate drainage
			 system;
(4) Support activities
			 necessary to construct a tide gate project;
(5) Activities intended to stabilize drainage
			 channels;
(6) Construction
			 contingencies for a tide gate construction project; and
(7) Financing costs associated with the
			 Department's financing including capitalized interest, issuance and debt
			 service reserve costs, when such costs are incurred in funding a
			 project.
Statutory/Other Authority: ORS
				  285A.075 & Ch 10, OL
				  2020
Statutes/Other Implemented: Ch 10, OL
				  2020
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 46 - TIDE GATE GRANT AND LOAN PROGRAM › Section 123-046-0030 - Ineligible Project Costs

Current through Register Vol. 63, No. 7, July 1, 2024
Tide gate project expenses and costs expressly allowed by OAR
				123-046-0020 are eligible for
				reimbursement from the fund. All other project costs, including but not limited
				to those listed below, are ineligible for reimbursement:
(1) Cost of purchase of general purpose motor
			 vehicles and other equipment not directly related to the project;
(2) Indirect costs incurred by the applicant
			 or a contractor; and
(3) Project
			 operating or maintenance expenses.
Statutory/Other Authority: ORS
				  285A.075 & Ch 10, OL
				  2020
Statutes/Other Implemented: Ch 10, OL
				  2020