reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 99 - Industrial Lands Loan Fund › Section 123-099-0040 - Application Review and Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department shall review all timely and complete applications for Program
			 financial assistance. The Department's review shall include:
(a) Review of proposed projects for
			 determination of compliance with eligible uses of program funds and loan
			 proceeds as provided by sections 14 to 23, chapter 25, Oregon Laws 2023, and as
			 further defined by this division of rules;
(b) Review of application for determination
			 of applicant's eligibility as a Project Sponsor as that term is
			 defined;
(c) Review for completion
			 of the application, including satisfaction of requirements provided under
			 section 19, chapter 25, Oregon Laws 2023 and requirements provided by this
			 division of rules;
(d)
			 Consideration of the reasonableness of the Project Sponsor's estimated costs to
			 prepare the land for industrial use, including, but not limited to, allowable
			 costs for land preparation;
(e)
			 Consideration of the potential economic impacts for the proposed
			 project;
(f) Consideration of each
			 application and the requested amount based on program guidelines and program
			 priorities as determined by the Department. While forgivable loans do not
			 require match, the Department shall give preferences for projects that are not
			 solely funded from the Department's financial assistance;
(g) Applying the preferences provided by this
			 division of rules; and
(h) Applying
			 any other criteria set forth in the applicable Request for Applications
			 ("RFA").
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 99 - Industrial Lands Loan Fund › Section 123-099-0050 - Forgivable Loan Agreement Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a Project Sponsor completes a planning
			 project funded by a program forgivable loan by the project completion deadline
			 in accordance with the terms of the Agreement, and provided that no event of
			 default has occurred, the Department shall, 90 days after the project
			 completion date, forgive repayment of the forgivable loan amount and any
			 interest accrued thereon and cancel the forgivable loan.
(2) If a Project Sponsor completes a
			 development project funded by a program forgivable loan by the project
			 completion deadline in accordance with the terms of the Agreement, and fulfills
			 requirements related to the ownership and operation of the project, as
			 determined by the Department, and provided that no event of default has
			 occurred, the Department shall forgive repayment of the forgivable loan amount
			 and any interest accrued thereon and cancel the forgivable loan.
(3) If a Project Sponsor fails to meet the
			 Agreement's covenant of a term of years for the completed project (not
			 including planning projects) to be directly owned or operated by the Project
			 Sponsor or the subject of a management contract or an operating agreement to
			 which the Project Sponsor is a party, the forgivable loan amount disbursed
			 shall be due and payable in full by the Project Sponsor within 30 days of the
			 applicable change in ownership, operation, management contract or operating
			 agreement by the Project Sponsor.
(4) Noncompliance with performance, including
			 failure to complete the project by the project completion deadline or other
			 conditions set forth in the Agreement shall trigger a forgivable condition
			 default requiring a forgivable loan to be repaid.
(5) The Department may in its discretion
			 allow Project Sponsors to cure noncompliance with performance or other
			 conditions set forth in the Agreement.
Statutory/Other Authority: ORS
				  285A.075
Statutes/Other Implemented: OR Laws 2023 Ch. 25
				  §§15, 16
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 99 - Industrial Lands Loan Fund › Section 123-099-0070 - Records and Data Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Data or information regarding a Program applicant, proposed Project, Project
			 Sponsor or Program Project in an application, application attachment,
			 Agreement, semiannual report or related materials or communications provided to
			 the Department shall be public records subject to disclosure, except for data
			 or information that qualifies as a public records exemption under ORS
			 192.311 to
			 192.478 (Oregon Public Records
			 Law).
(2) Section (1) of this rule
			 applies notwithstanding a nondisclosure agreement, but such an agreement may
			 nevertheless spell out data or information anticipated to be exempt under the
			 Oregon Public Records Law, including but not limited to trade secrets or
			 confidential information under ORS
			 192.355(4), as
			 may facilitate obligations under section (3) of this rule.
(3) When providing items referenced in
			 subsection (1) of this rule, it is the applicant or Project Sponsor's, its
			 agent's or its representatives' responsibility to mark data and information
			 that legitimately and specifically qualify for an exemption from disclosure. To
			 designate an item or portion of one as exempt from disclosure, the applicant or
			 Project Sponsor shall:
(a) Clearly identify
			 in the body of the application, application attachment, Agreement, report and
			 other materials only the limited data or information exempt;
(b) Stipulate the Oregon Public Records Law
			 exemption(s) believed to apply; and
(c) Provide justification for how each
			 identified portion meets that exemption's criteria.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 99 - Industrial Lands Loan Fund › Section 123-099-0080 - Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every
			 Project Sponsor that enters into an Agreement with the Department shall be
			 required to report on project activities, project expenditures, project
			 milestones completed, overall outcomes any other information required by the
			 Department, on forms or in a format prescribed by the Department. The time
			 periods to be covered in each report, and the deadlines for submission shall be
			 determined by the Department on a case by case basis depending upon the nature
			 of the project activities and their schedule, and prescribed in the Agreement.
			 Project activity reports shall be provided every six months from the date of
			 the Agreement is executed until the Agreement is closed reporting on project
			 activity, project expenditures, project milestones completed and overall
			 outcomes unless otherwise modified and agreed to by the Department.
(2) The reporting obligations provided in
			 section (1) cease on the earlier of the date the Agreement expires, the date
			 the Agreement is terminated, or the date the Department has determined that the
			 Project Sponsor has met their contractual obligations to have the loan forgiven
			 or the Project Sponsor has repaid the loan in full.
Statutory/Other Authority: ORS
				  285A.075
Statutes/Other Implemented: OR Laws 2023 ch. 25
				  §4
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 130 - BROWNFIELDS PROPERTIES REVITALIZATION FUND › Section 123-130-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to implement the Brownfields
				Properties Revitalization Fund created in 2021 through Chapter 529 Oregon Laws
				2021. The purpose of the Brownfields Properties Revitalization Fund is to
				enhance the availability of resources through forgivable loans for the purpose
				of reimbursing private owners or operators for the eligible costs incurred in
				the completion of removal or remedial actions on properties that are
				brownfields.
Statutory/Other Authority: ORS
				  285A.075, ORS
				  285A.193 -
				  285A.198 & ORS
				  285A.185
Statutes/Other Implemented: ORS
				  285A.193 -
				  285A.198
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 130 - BROWNFIELDS PROPERTIES REVITALIZATION FUND › Section 123-130-0010 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
It is the policy of the Oregon Business Development Department
				to promote sustainability and assist rural or distressed communities with local
				development priorities. Facilitating environmental cleanup consistent with a
				polluter-pays principle and the redevelopment of brownfields furthers this
				policy. The benefits of redeveloping brownfields include promoting economic
				development; enabling efficient land use; minimizing the construction of new
				service infrastructure; facilitating the resolution of environmental justice
				issues; and protecting environmental and human health.
Statutory/Other Authority: ORS
				  285A.075 & ORS
				  285A.193 -
				  285A.198
Statutes/Other Implemented: ORS
				  285A.193 -
				  285A.198
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 130 - BROWNFIELDS PROPERTIES REVITALIZATION FUND › Section 123-130-0020 - 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 division, the following
				terms mean:
(1) "Collateral" means
			 property, real or personal, whether now owned or existing or hereafter acquired
			 or arising, which is subject to a lien, security interest, pledge, or
			 assignment in favor of the Department.
(2) "Contribution" means cash, a reduction in
			 land sale price, a donation of real property or personal services of value; or
			 some other like act that offsets the benefit of receiving sums from the Fund
			 that are conveyed on a recipient or site owner who is a potentially responsible
			 party for a release of a hazardous substance or is potentially liable for the
			 cost of cleanup at the site according to ORS
			 465.255.
(3) "Distressed area" has the meaning given
			 in 285A.010(9).
(4) "Environmental
			 Action" means any of the following activities undertaken to:
(a) Determine if a release has occurred, if
			 the release, or potential release, poses a significant threat to human health
			 or the environment, or if additional remedial actions may be required at the
			 site.
(b) Conduct a remedial
			 investigation and a feasibility study.
(c) Plan for remedial action or removal
			 action.
(d) Removal or remediation
			 of heating oil or nonresidential underground storage tanks.
(e) Any action described under ORS
			 285A.193(3)(A) or
			 (B).
(f) Conduct a remedial action or removal
			 action at a site.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 130 - BROWNFIELDS PROPERTIES REVITALIZATION FUND › Section 123-130-0030 - Applicant Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any private
			 person not currently liable under ORS
			 465.255 for an existing release
			 of hazardous substances at a site is eligible to make application to the
			 Department for assistance from the Fund.
(2) Eligibility under OAR
			 123-130-0030 shall also be
			 determined based on the status of compliance with enforcement actions against
			 the applicant by a government agency. If the applicant is not the owner and the
			 site is owned by a person that is liable under ORS
			 465.255, the application will
			 not be accepted unless the applicant provides documentation adequately
			 demonstrating how the funded activities will facilitate a transfer in ownership
			 of the site to a person not liable under ORS
			 465.255 or will be managed by an
			 eligible operator.
(3) An applicant
			 that makes false or willful misrepresentations regarding applicant eligibility
			 on a Fund application may be subject to the remedies described in OAR
			 123-130-0080.
(4) Applicant must have the authority and
			 ability to execute a financing contract with the Department.
Statutory/Other Authority: ORS
				  285A.075 & ORS
				  285A.193 -
				  285A.198
Statutes/Other Implemented: ORS
				  465.255 & ORS
				  285A.193 -
				  285A.198
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 130 - BROWNFIELDS PROPERTIES REVITALIZATION FUND › Section 123-130-0040 - Project Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Reimbursable
			 eligible costs include project activities and environmental actions performed
			 in accordance with ORS
			 285A.193(3)(a)
			 but do not include costs excluded by ORS
			 285A.193(3)(b).
(2) Projects on sites that contain or are
			 proposed to contain only privately owned single family residential dwelling(s)
			 or privately owned multi-family dwelling(s) are not eligible for Fund
			 assistance unless constructed or redeveloped in accordance with ORS
			 285A.194(3)(b).
(3) Projects on sites that contain or are
			 proposed to contain mixed-use development, such as a structure or structures
			 that contain combined commercial and residential uses, are eligible if:
(a) A written statement of zoning compliance
			 for the project from the applicable local jurisdiction is included with the
			 application; and
(b) The project
			 will be constructed or redeveloped in accordance with ORS
			 285A.194(3)(b).
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 130 - BROWNFIELDS PROPERTIES REVITALIZATION FUND › Section 123-130-0050 - Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applications
			 that include site characterization must discuss in the project description how
			 the environmental actions will contribute or lead to cleanup and/or
			 redevelopment of the site.
(2)
			 Applications must discuss in the project description how the environmental
			 actions will contribute or lead to a remediation plan, certification of
			 completion, or a No Further Action Determination by a government
			 agency.
(3) Applications must
			 identify the proposed redevelopment use in the project description and must
			 provide documentation that demonstrates how the proposed redevelopment use is
			 attainable.
(4) Applications must
			 include discuss how the environmental actions will comply with state cleanup
			 law and will contribute to the proposed redevelopment. The Department may ask
			 the applicant to provide documentation that demonstrates how compliance, or how
			 progress towards the proposed redevelopment, will be achieved.
(5) The funding requested must be objectively
			 consistent with the scope and scale of work described in the application
			 compared with similarly-situated projects. If the amount requested is
			 objectively inconsistent with the scope and scale of work in the project
			 description, the Department may work with the applicant to adjust the amount of
			 the award or the scope and scale of work in the project description.
(6) If an applicant is liable under ORS
			 465.255 for an existing release
			 of hazardous substances at a site, the application must include the information
			 identifying a non-liable operator or a site transfer to an owner not liable
			 under ORS 465.255. The Department may
			 condition funding a project on confirmation by the applicant that a operator
			 has been identified and is contractually bound to complete the activities and
			 environmental actions described in the application, or that the site has been
			 transferred to an owner not liable under ORS
			 465.255.
(7) Applications must also include the
			 information required in accordance with ORS
			 285A.195(1) to
			 be considered complete.
Statutory/Other Authority: ORS
				  285A.075 & ORS
				  285A.193 -
				  285A.198
Statutes/Other Implemented: ORS
				  465.255 & ORS
				  285A.193 -
				  285A.198
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 130 - BROWNFIELDS PROPERTIES REVITALIZATION FUND › Section 123-130-0060 - Application Considerations and Processing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 shall process completed Fund applications only. Applications will be considered
			 complete when all relevant requirements of this Division are met.
(2) The Department can waive application
			 requirements to make an application completion determination if such a waiver
			 would serve to further the goals and objectives of the Fund and would not
			 violate any statutory requirements.
(3) Sites or projects that have undertaken
			 previous environmental actions, or that are subject to voluntary agreements,
			 Consent Judgments, or other orders with a governmental agency, shall be
			 eligible for consideration for loan Funds.
(4) The Department may request additional
			 information about the project that is not listed in this Division if necessary
			 to facilitate application processing.
(5) When evaluating an application, the
			 Department shall consider the following:
(a)
			 The extent to which real or perceived contamination complicates expansion or
			 redevelopment of the site.
(b) The
			 degree to which redevelopment of the site provides opportunity for achieving
			 protection of human health or the environment by mitigating, reducing or
			 eliminating contamination at the site or for contributing to the economic
			 health and diversity of the area.
(c) The probability of the success of the
			 intended use, or the degree to which redevelopment of the site advances the
			 policy objectives in this Division.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 130 - BROWNFIELDS PROPERTIES REVITALIZATION FUND › Section 123-130-0070 - Forgivable Loan Agreement Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Forgivable
			 loans do not require match. Applicants will be responsible for closing costs
			 associated with the loan including but not limited to document preparation,
			 title, escrow, recording or filing fees.
(2) The Department shall set at time of award
			 the interest rate and term for forgivable loans that must be repaid in
			 accordance with ORS 285A.196(2).
(3) The Department will include interest
			 accrual, repayment and disbursement schedules, timing of repayment
			 determination, and other necessary conditions in the loan agreement.
(4) If the project includes other funding in
			 the form of loan(s) obtained from a financial institution, the Department may
			 subordinate the Fund loan to the financial institution loan(s) if appropriate,
			 in the Department's sole discretion.
(5) Notwithstanding applicant and project
			 eligibility, the amount of a forgivable loan award shall be based on the
			 availability of forgivable loan funds at the time of the award. The Department
			 has the discretion to make forgivable loan awards less than the amount
			 requested in the application if it is necessary to ensure forgivable loan
			 capacity until further allocation to the Fund may be received.
Statutory/Other Authority: ORS
				  285A.075 & ORS
				  285A.193 -
				  285A.198
Statutes/Other Implemented: ORS
				  285A.193 -
				  285A.198
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 130 - BROWNFIELDS PROPERTIES REVITALIZATION FUND › Section 123-130-0080 - Remedies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If, at any
			 time, it is discovered that the applicant or the project violates the applicant
			 eligibility exclusions in OAR
			 123-130-0030 or the project
			 eligibility exclusions in OAR
			 123-130-0040, the Department may
			 seek legal remedies against applicants that fail to comply with the
			 requirements governing the fund. Remedies will not be imposed by the Department
			 until the applicant has been notified in writing of deficiencies and has been
			 given a reasonable time to respond and correct the deficiencies
			 noted.
(2) One or more of the
			 following remedies may be imposed by the Department:
(a) Bar a recipient from applying for future
			 Fund assistance;
(b) Revoke an
			 existing Fund award;
(c) Withhold
			 unexpended Fund funds;
(d) Demand
			 immediate repayment of expended funds; and
(e) Withhold other state funds.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 130 - BROWNFIELDS PROPERTIES REVITALIZATION FUND › Section 123-130-0090 - Consultation with Government Agency

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 will consult with the government agency prior to its funding decision and will
			 provide the government agency with information about the applicant, site,
			 project description, environmental service professional, and funding amount
			 requested.
(2) Any recommendations
			 or relevant comments from the government agency that are submitted to the
			 Department within a reasonable period will be considered during the application
			 review process.
Statutory/Other Authority: ORS
				  285A.075 & ORS
				  285A.193 -
				  285A.198
Statutes/Other Implemented: ORS
				  285A.193 -
				  285A.198
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 135 - BROWNFIELDS REDEVELOPMENT LOAN FUND › Section 123-135-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to implement the Brownfields
				Redevelopment Fund created in 1997 through Chapter 738 Oregon Laws 1997 and
				amended by Chapter 96 Oregon Laws 2001. The purpose of the Brownfields
				Redevelopment Fund is to enhance the availability of resources through program
				development, grant proposals and other appropriate methods necessary to
				determine and facilitate the funding of environmental actions on properties
				that are brownfields.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  285A.185 &
				  285A.188
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 135 - BROWNFIELDS REDEVELOPMENT LOAN FUND › Section 123-135-0010 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
It is the policy of the Oregon Business Development Department
				to promote sustainability and assist rural or distressed communities with local
				development priorities. Facilitating environmental cleanup consistent with a
				polluter-pays principle and the redevelopment of brownfields furthers this
				policy. The benefits of redeveloping brownfields include: promoting economic
				development; enabling efficient land use; minimizing the construction of new
				service infrastructure; facilitating the resolution of environmental justice
				issues; and protecting environmental and human health.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  285A.185 &
				  285A.188
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 135 - BROWNFIELDS REDEVELOPMENT LOAN FUND › Section 123-135-0020 - 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 division, the following
				terms shall have the following meaning unless otherwise indicated:
(1) "Bridge Loan" means a loan that will be
			 repaid in full at the end of a short-term, twelve (12) to twenty four (24)
			 months in length as determined at time of award or upon request within one year
			 of award, following loan closing;
(2) "Brownfield" means real property where
			 expansion or redevelopment is complicated by actual or perceived environmental
			 contamination as defined in ORS
			 285A.185(1);
(3) "Capacity Building" involves conducting
			 necessary studies that support the evaluation of a site or sites and
			 incorporates cleanup activities for a site or sites with or without an
			 identified redevelopment use but within zoning parameters to meet the buildable
			 lands needs of a municipality;
(4)
			 "Collateral" means property subject to a security interest or security
			 agreement as defined in ORS
			 79.1050;
(5) "Contribution" means cash, a reduction in
			 land sale price, a donation of real property or personal services of value; or
			 some other like act that offsets the benefit of receiving sums from the Fund
			 that are conveyed on a recipient or site owner who is a potentially responsible
			 party for a release of a hazardous substance or is potentially liable for the
			 cost of cleanup at the site according to ORS
			 465.255;
(6) "Environmental Action" means activities
			 undertaken to:
(a) Determine if a release has
			 occurred, if the release, or potential release, poses a significant threat to
			 human health or the environment, or if additional remedial actions may be
			 required at the site;
(b) Conduct a
			 remedial investigation and a feasibility study;
(c) Plan for remedial action or removal
			 action; or
(d) Conduct a remedial
			 action or removal action at a site.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 135 - BROWNFIELDS REDEVELOPMENT LOAN FUND › Section 123-135-0030 - Applicant Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 person, non-profit, or municipality is eligible to make application to the
			 Department for assistance from the Fund as long as they are not subject to
			 exclusion by ORS 285A.188(3)(a).
(2) Eligibility under OAR
			 123-135-0030 shall also be
			 determined based on the status of compliance with enforcement actions against
			 the applicant by the Oregon Department of Environmental Quality.
(3) If the applicant is not the land owner
			 and the site is owned by a person that is excluded by OAR
			 123-135-0030(1),
			 the application will not be accepted unless the applicant provides
			 documentation adequately demonstrating how the funded activities will
			 facilitate a transfer in ownership of the site to a person not subject to the
			 exclusion.
(4) An applicant who is
			 a responsible party for a release of a hazardous substance or is liable for the
			 cost of cleanup at the project site according to ORS
			 465.255, must provide some form
			 of contribution to the project to be eligible.
(5) An applicant that makes willful
			 misrepresentations regarding applicant eligibility on a Fund application may be
			 subject to the remedies described in OAR
			 123-135-0090.
(6) Applicant must have the authority and
			 ability to enter into a contract with the Department.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  285A.185 &
				  285A.188
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 135 - BROWNFIELDS REDEVELOPMENT LOAN FUND › Section 123-135-0040 - Project Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Projects may contain non-residential underground storage tanks. Superfund sites
			 on the National Priorities List are not eligible. Reimbursable project
			 activities include, but are not limited to:
(a) Site investigation;
(b) Site sampling;
(c) Site characterization;
(d) Review, compilation and analysis of study
			 data into a report;
(e) Feasibility
			 studies;
(f) Plans for remedial
			 action or removal;
(g) Conducting
			 of a remedial action or removal at a site; or
(h) Regulatory oversight fees.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 135 - BROWNFIELDS REDEVELOPMENT LOAN FUND › Section 123-135-0050 - Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applications that include capacity building, site sampling and/or site
			 characterization must discuss in their project description how the funded
			 activities will contribute or lead to cleanup and/or redevelopment of the
			 site.
(2) Applications that include
			 a site characterization must discuss in the project description how the funded
			 activities will contribute or lead to a remediation plan or a No Further Action
			 Determination by the Oregon Department of Environmental Quality.
(3) Applications that include a remedial or
			 removal action or plan must identify the proposed redevelopment use in the
			 project description and must provide documentation that demonstrates how the
			 proposed redevelopment use is attainable.
(4) Applications that include a remedial or
			 removal action or plan must discuss in the application how the plan or action
			 will comply with state cleanup law and will contribute to the proposed
			 redevelopment. The Department may ask the applicant to provide documentation
			 that demonstrates how compliance or how progress towards the proposed
			 redevelopment will be achieved.
(5)
			 Applications that include a remedial or removal action but do not identify a
			 redevelopment use as described in OAR
			 123-135-0050(4)
			 are eligible if the project is for capacity building. Written endorsement for
			 the capacity building project must be obtained from the local jurisdiction and
			 be included in the application if the applicant is not a
			 municipality.
(6) The sum of
			 funding requested in the Fund application must be consistent with the scope and
			 scale of work in the project description compared with an industry custom
			 standard. If the amount requested is inconsistent with the scope and scale of
			 work in the project description, the Department may work with the Applicant and
			 Oregon Department of Environmental Quality to adjust the amount of the award or
			 the scope and scale of work in the project description.
(7) If OAR
			 123-135-0030(4) or
			 (5) applies, the necessary information
			 regarding property transfer and/or contribution must also be included in the
			 application.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  285A.185 &
				  285A.188
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 135 - BROWNFIELDS REDEVELOPMENT LOAN FUND › Section 123-135-0065 - Application Considerations and Processing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applications may be submitted to the
			 Department at any time. The Department shall not process an incomplete Fund
			 application. Applications are complete when all relevant requirements of this
			 Division are met.
(2) The
			 Department can waive application requirements in order to make an application
			 completion determination if it is demonstrated that such a waiver would serve
			 to further the goals and objectives of the Fund and would not violate any
			 statutory requirements.
(3) The
			 Department may request additional information about the project that is not
			 listed in this division if necessary to facilitate application
			 processing.
(4) When evaluating an
			 application, the Department shall consider the following:
(a) The extent to which real or perceived
			 contamination prevents the property from being fully utilized;
(b) The need for providing public assistance,
			 after considering the difficulty of obtaining financing from other sources or
			 of obtaining financing at reasonable rates and terms;
(c) The degree to which redevelopment of the
			 property provides opportunity for achieving protection of human health or the
			 environment by reducing or eliminating the contamination of the property and
			 for contributing to the economic health and diversity of the area;
(d) The probability of the success of the
			 intended use or the degree to which redevelopment of the property provides a
			 public purpose following remediation of the property;
(e) Compliance with the land use plan of the
			 local government with jurisdiction over the property;
(f) Endorsement from the local government
			 with jurisdiction over the property.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 135 - BROWNFIELDS REDEVELOPMENT LOAN FUND › Section 123-135-0080 - Loan Agreement Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Loans do not require match. Applicants may be responsible for closing costs
			 associated with the loan including but not limited to document preparation,
			 review of documentation for legal sufficiency, title, escrow, recording or
			 filing fees.
(2) The Department
			 shall set the interest rate for municipal and non-municipal loan recipients at
			 the time of award based on subsidy need, credit risk, and other appropriate
			 considerations.
(3) Interest
			 accrual, repayment and disbursement schedules, and other necessary conditions
			 shall be stated in the loan agreement.
(4) Bridge loans shall have a maximum term of
			 one (1) year from the beginning of loan disbursement unless the loan recipient
			 requests an extension.
(a) Upon receipt of a
			 request for extension, the maximum term of the extension shall not exceed one
			 (1) additional year. If a bridge loan is not repaid within the approved period,
			 a rate of interest may be applied from the date of first
			 disbursement.
(b) A bridge loan
			 recipient may be converted to a term loan. If a loan is converted, a rate of
			 interest shall be applied from the date of first disbursement.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 135 - BROWNFIELDS REDEVELOPMENT LOAN FUND › Section 123-135-0090 - Remedies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If, at any
			 time, it is discovered that the applicant or the project violates the applicant
			 eligibility exclusions in OAR
			 123-135-0030 or the project
			 eligibility exclusions in
			 123-135-0040. The Department may
			 seek legal remedies against applicants that fail to comply with the
			 requirements governing the fund. Remedies will not be imposed by the Department
			 until the applicant has been notified in writing of deficiencies and has been
			 given a reasonable time to respond and correct the deficiencies
			 noted.
(2) One or more of the
			 following remedies may be imposed by the Department:
(a) Bar a recipient from applying for future
			 Fund assistance;
(b) Revoke an
			 existing Fund award;
(c) Withhold
			 unexpended Fund funds;
(d) Require
			 return of unexpended funds;
(e)
			 Demand immediate repayment of expended funds at a market based rate of
			 interest; or
(f) Withhold other
			 state funds.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 135 - BROWNFIELDS REDEVELOPMENT LOAN FUND › Section 123-135-0100 - Subsidies and Waivers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department has the discretion to waive interest charges or provide interest
			 rate subsidies in the form of rate reductions and may grant any other form of
			 waiver or subsidy within its authority. The Department shall utilize its
			 discretion to make available interest charge waivers or provide interest rate
			 subsidies following financial evaluation of the complete application taking
			 into consideration the relationship between the project and the needs of the
			 local community; the availability and or leveraging of other sources of funding
			 in the project; and after determining whether the incentive will result in a
			 substantial public benefit.
(2) The
			 department shall waive interest for all bridge loans. The department shall set
			 an interest rate for a bridge loan at the time of application approval in the
			 event the bridge loan becomes a term loan or is not repaid within the allowed
			 time period.
(3) Applicants may
			 request consideration for incentives in the Fund application. The Department
			 shall rule on all incentive requests made in the Fund application at the time
			 of application approval.
(4)
			 Determination of whether or not a project will result in a substantial public
			 benefit will be made on a case-by-case basis by the Department.
(5) The Department 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
				  285A.185 &
				  285A.188
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 135 - BROWNFIELDS REDEVELOPMENT LOAN FUND › Section 123-135-0110 - Consultation with Department of Environmental Quality

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance with ORS
			 285A.188(4),
			 the Department shall consult with the Department of Environmental Quality prior
			 to the decision to approve an application. The Department shall provide the
			 Department of Environmental Quality with information about the applicant,
			 property, project description, environmental service professional, and funding
			 amount requested.
(2) The
			 Department of Environmental Quality shall verify within a reasonable period of
			 time whether the applicant is ineligible for funding assistance in accordance
			 with ORS 285A.188(3)(a).
(3) Any recommendations or relevant comments
			 from the Department of Environmental Quality that are submitted to the
			 Department within a reasonable period of time shall be included as part of the
			 application for consideration.
Stat. Auth.: ORS
				  285A.075
Stats. Implemented: ORS
				  285A.185 &
				  285A.188
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 140 - OREGON COALITION BROWNFIELDS CLEANUP FUND › Section 123-140-0010 - Purpose, Scope, and Incorporated Documents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As provided in Oregon Revised Statutes
			 (ORS) 285A.190, the Oregon Business Development Department shall administer the
			 federally funded revolving fund to provide cleanup financing to eligible
			 publicly and privately owned brownfields as authorized by the Comprehensive
			 Environmental Response, Compensation, and Liability Act, as amended, by the
			 Small Business Liability Relief and Brownfields Revitalization Act of 2001 (P.L
			 107-118).
(2) Oregon Coalition
			 Brownfields Cleanup Fund Program is funded through a cooperative agreement
			 (BF-97080301, and as amended from time to time) between the U.S. Environmental
			 Protection Agency and Department and includes any program income generated as a
			 result of Department loans to Recipients as provided for in ORS
			 285A.192. The primary objectives
			 of the Program are to:
(a) Remove or abate
			 environmental health risks at sites not yet addressed by the private
			 market;
(b) Provide resource
			 assistance to rural, distressed, or affected communities allowing them to build
			 quality, livable communities and neighborhoods; and
(c) Employ a problem-solving philosophy of
			 coordination through state and local partnerships.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 140 - OREGON COALITION BROWNFIELDS CLEANUP FUND › Section 123-140-0020 - 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. For purposes of this division of
				administrative rules, unless the context demands otherwise:
(1) "Applicant" means any public or private
			 entity that is eligible under OAR 123, division 140 to receive an OBCF loan or
			 grant and that has control over or access to a brownfields site, except those
			 entities that may potentially be liable under CERCLA, or are currently
			 suspended or debarred from receiving federal funding, or are otherwise declared
			 ineligible.
(2) "Brownfields" means
			 real property, the expansion, redevelopment, or reuse of which may be
			 complicated by the presence or potential presence of a hazardous substance,
			 pollutant, or contaminant.
(3)
			 "CERCLA" means the Comprehensive Environmental Response, Compensation and
			 Liability Act (42 United States Code
			 9601) as amended by the Small Business
			 Liability Relief and Brownfields Revitalization Act (P.L. 107-118), and
			 any subsequent amendments.
(4)
			 "Fund" means the Oregon Coalition Brownfields Cleanup Fund.
(5) "Non-profit Organization" means as
			 defined at Section 4(6) of the Federal Financial Assistance Management
			 Improvement Act of 1999 except those non-profit organizations described in
			 Section 501(c)(4) of the
			 Internal Revenue Code that engage in lobbying activities as defined in Section
			 3 of the Lobbying Disclosure Act of 1995.
(6) "Program" means the Oregon Coalition
			 Brownfields Cleanup Fund Program
(7) "Project" means under this division those
			 remedial ad/or removal action activities identified in the Contract for which
			 the Recipient may expend, obligate or commit funds to address cleanup of a
			 brownfields.
(8) "Recipient" means
			 an Applicant that has been awarded an OBCF grant or loan for a
			 Project.
(9) "Remedial and/or
			 Removal Actions" means those eligible cost activities listed in the Program
			 Guidelines and Application Handbook.
(10) "Site" means the parcel or parcels of
			 real property on which the funded activities will be performed;
(11) "USEPA" means the Environmental
			 Protection Agency of the United States federal government.
Stat. Auth.: ORS
				  285A.190 &
				  285A.192,
				  285A.075
Stats. Implemented: ORS
				  285A.190
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 140 - OREGON COALITION BROWNFIELDS CLEANUP FUND › Section 123-140-0030 - Eligible Applicants and Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Eligible loan applicants are any public,
			 private, or Non-Profit organization with control over or access to a
			 brownfields site, except those entities which are potentially liable under
			 CERCLA, or which are currently suspended, debarred from receiving federal
			 funding, or are otherwise declared ineligible.
(2) Eligible grant applicants are any public
			 or Non-Profit organization that owns a brownfields at the time the grant is
			 awarded, except those entities which are potentially liable under CERCLA, which
			 are currently suspended, debarred from receiving federal funding, or are
			 otherwise declared ineligible.
(3)
			 Eligible and ineligible activities are defined in CERCLA and in USEPA's
			 Revolving Loan Fund Administrative Manual (October 2004), as well as subsequent
			 revisions or editions of such guidelines.
Stat. Auth.: ORS
				  285A.190 &
				  285A.192,
				  285A.075
Stats. Implemented: ORS
				  285A.190
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 140 - OREGON COALITION BROWNFIELDS CLEANUP FUND › Section 123-140-0040 - Program Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall prepare program guidelines, application forms and other
			 supplemental program information to help eligible Applicants seek financing and
			 prepare loan and/or grant applications for the Fund.
(2) Program guidelines as prepared under
			 section (1) of this rule shall include, but not be limited to, an explanation
			 of project eligibility, applicant eligibility, types of financial assistance,
			 loan rates and terms, borrowing guidelines, public notification process,
			 procurement requirements, contract administration, federal crosscutting
			 requirements and environmental review process.
(3) In addition to this division of
			 administrative rules, the Department shall administer the Fund in compliance
			 with the requirements of CERCLA, as amended, and CERCLA's applicable rules,
			 guidelines and requirements from USEPA.
(4) For purposes of land use coordination,
			 any Project activity paid for with Program funds that affects land use shall
			 comply with the applicable requirements of OAR chapter 123, division 8 and OAR
			 chapter 660.
Stat. Auth.: ORS
				  285A.190 &
				  285A.192, Other 285A.075
Stats. Implemented: ORS
				  285A.190
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 140 - OREGON COALITION BROWNFIELDS CLEANUP FUND › Section 123-140-0050 - Program Rights and Remedies

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department may exercise certain rights and remedies in the event the
			 Recipient fails to comply with Contract provisions and, if allowed under the
			 Contract, the Recipient fails to correct the deficiency within a reasonable
			 time after the Recipient is notified of the deficiency. The circumstances that
			 may warrant the Department's exercise of rights or remedies include, but are
			 not limited to the following:
(a) None of the
			 Project activities have begun within nine months after an OBCF award;
(b) Any third party agreement relating to the
			 Project is not legally binding within six months of the OBCF award;
(c) Federal or State statutory or regulatory
			 requirements have not been met;
(d)
			 There is a significant deviation from the Contract;
(e) The Department finds that significant
			 corrective actions are necessary to protect the integrity of the Project funds
			 and those corrective actions are not, or will not, be made within a reasonable
			 time; or
(f) A Recipient defaults
			 on loan payments, which may otherwise be made from any source of revenue at the
			 Recipient's disposal, including but not limited to General Fund revenues if the
			 Recipient is a public entity borrower.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 165 - RECOVERY ZONE BONDS › Section 123-165-0010 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Business Development Department allocates,
				reallocates and otherwise manages Oregon's Recovery Zone Economic Development
				Bonding authority and Recovery Zone Facility Bonding authority. These rules are
				promulgated under authority granted by enacted 2009 Legislative Session HB
				3199, Section 12 (4) and Section 12 (7)(a)-(c).
Stat. Auth.: ORS
				  286A.630 &
				  285A.075
Stats. Implemented: ORS
				  286A.630(4)
				  & 285A.075
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 165 - RECOVERY ZONE BONDS › Section 123-165-0020 - 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 division of
				administrative rules, unless the context requires otherwise the following
				definitions apply:
(1) "Allocation"
			 means an original allocation or reallocation of recovery zone bond volume
			 cap.
(2) "ARRA" means the American
			 Recovery and Reinvestment Act of 2009, H.R. 1, as amended.
(3) "Code" means the Internal Revenue Code of
			 1986, as amended.
(4) "Notice"
			 means Notice 2009-50, published by the U.S. Treasury Department on June 12,
			 2009.
(5) "Notice of Intent" means
			 a notice of intent to issue Recovery Zone Bonds on a form provided by the
			 Department, which shall include the following:
(a) Name of Recipient receiving
			 Allocation,
(b) Name of unit of
			 local government that will issue the Recovery Zone Bonds,
(c) Type of Recovery Zone Bonds to be
			 issued,
(d) Description of area
			 designated as Recovery Zone,
(e)
			 Description of project to be financed,
(f) Dollar amount of the bond issue and
			 amount of Allocation to be used and amount of Allocation (if any) remaining
			 after such issuanc,e
(g) Any
			 Reallocation requested by the Recipient for the project,
(h) If applicable, that the Recipient does
			 not intend to use some or all of its Allocation, and is waiving such Allocation
			 (or if less than all, the portion of Allocation being waived). In connection
			 with any such waiver, the Recipient may designate a project being undertaken by
			 another unit of local government within the jurisdiction using Recovery Zone
			 Bonds, and request that the waived Allocation be reallocated to such unit of
			 local government in connection with such project.
(i) Such other information as may be
			 prescribed by the Department.