Oregon Administrative Code

123-025-0005 Purpose The purpose of these rules is to provide procedures, standards and criteria for operation of the Port Planning and Marketing Fund program authorized by ORS 285A.654 through 285A.660. Statutory/Other Authority: ORS 285A.075(5) Statutes/Other Implemented: ORS 2…

123-025-0010 Definitions For the purposes of these rules additional definitions may be found in Procedural Rules, OAR 123-001. The following terms will have the following definitions, unless the context clearly indicates otherwise: (1) "Fund" means Port Planning and Marketing Fun…

123-025-0012 Annual Funding of Program The authority will transfer up to 5.00% of the assets of the Port Revolving Fund, not to exceed the annual accrued net income from the Port Revolving Fund into the Port Planning and Marketing Fund annually as calculated on receipt of the Fun…

123-025-0015 Project Eligibility and Criteria A planning or marketing project that meets the following criteria is eligible for assistance from the fund: (1) The project is necessary for improving a port’s capability to carry out its authorized functions and activities relating t…

123-025-0016 Strategic Business Plan Requirements (1) Ports formed under ORS 777 shall develop and maintain strategic business plans before obtaining authority funding for other projects. This requirement will be phased in over several years. Ports must have a formally adopted st…

123-025-0017 Application Submittal, Review and Approval (1) An eligible port may submit an application after consulting with the authority on a preliminary determination of eligibility and otherwise follow the authority’s s procedures for submitting applications. The application …

123-025-0021 Project Funding Priorities (1) At the beginning of each state fiscal year the authority and the Ports will make reasonable efforts to identify and initiate high priority projects. Funding of up to 50% of that year's transfer of funds will be reserved exclusively for …

123-025-0023 Grant Awards and Match (1) The maximum grant is 75% of the total project cost. (2) Grants will be awarded only when there are sufficient funds available in the fund. Statutory/Other Authority: ORS 285A.075 & HB 2415 (2025) Statutes/Other Implemented: ORS 285A.654 - 2…

123-025-0025 Project Administration (1) The authority and the port must execute a grant contract prior to disbursal of grant funds. (2) Documentation of project costs incurred by a port must be submitted to the authority prior to disbursal of funds. (3) Disbursal of grant funds t…

123-025-0030 Remedies The authority may seek legal remedies against ports that fail to comply with the requirements governing the fund. Remedies will not be imposed by the authority until the port has been notified in writing of deficiencies and has been given a reasonable time t…

123-027-0035 Purpose The purpose of these rules is to provide procedures, standards and criteria for operation of the Marine Navigation Improvement Fund authorized by ORS 777.262 to 777.267. Statutory/Other Authority: ORS 285A.075(5) & 285A.110 Statutes/Other Implemented: ORS 777…

123-027-0040 Definitions For the purposes of these rules, the following terms will have the following definitions, unless the text clearly indicates otherwise: (1) "Federally authorized project" means a project that has been authorized or qualifies for federal funding from the Un…

123-027-0050 Project Eligibility, Priority and Funding (1) To be eligible for funding, Federally Authorized Projects must meet the following criteria: (a) The project is federally authorized; (b) The project is listed in the Port's business or strategic plan; and (c) The project …

123-027-0056 Federally Authorized Project Application Requirements The Port shall notify the Authority of a potential federally authorized project at the time it initiates the project with the United States Army Corps of Engineers and it shall submit written documentation to the …

123-027-0060 Federally Authorized Project Application Review and Approval Based upon a review of the information described in OAR 123-027-0056, the Authority will determine whether the project is eligible for assistance from the Fund. If the documentation is not adequate to deter…

123-027-0070 Federally Authorized Project Award and Funding (1) The Authority and the Port shall execute a contract prior to disbursal of moneys from the Fund. The contract shall be in a form and content as provided by the Authority. (2) Payments from the Fund shall be disbursed …

123-027-0106 Non-Federal Project Eligibility Non-federally authorized projects that meet the following criteria are also eligible for assistance from the Fund: (1) The project is listed in a Port's business or strategic plan; (2) The project is ready to begin in the biennium for …

123-027-0156 Non-Federal Project Application Requirements (1) A Port may submit an application after consulting with Authority staff on a preliminary determination of eligibility and otherwise following the Authority's procedures for submitting applications. (2) The application m…

123-027-0161 Non-Federal Project Application Review and Approval To approve an application for assistance from the fund, the Authority must make the determinations as follows: (1) The project is an eligible project. If the Authority determines that the project is not eligible, it…

123-027-0166 Non-Federal Project Award and Funding (1) The Authority and the Port will execute a contract prior to disbursal of moneys from the Fund. The contract will be in a form and content as provided by the Authority. (a) Payments from the fund will be disbursed in accordanc…

123-027-0211 Federal and Non-Federal Project Appeals and Exceptions (1) Appeals of local government decisions regarding a Project must be made at the local level. (2) The Director will consider appeals of the Authority's funding decisions. Only the Port may appeal. Appeals must b…

123-030-0000 Purpose The purpose of these rules is to provide procedures, standards and criteria for operation of the Port Revolving Fund program authorized by ORS 285A.669 through 285A.732. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.669 - 285A.7…

123-030-0004 Definitions For the purposes of these rules additional definitions may be found in Procedural Rules, OAR 123-001. The following terms have the following definitions unless the context clearly indicates otherwise: "Fund" means the Oregon Port Revolving Fund. Statutory…

123-030-0010 Need for the Port Revolving Fund Project (1) Applications must include sufficient information that will demonstrate the need for the project. The information must include, but not be limited to, the following: (a) Whether economic benefits and opportunities such as i…

123-030-0020 Application Requirements An eligible port district may submit an application after consulting with Authority staff on a preliminary determination of eligibility and otherwise following the Authority procedures for submitting applications. (1) The application must be …

123-030-0030 Application Review and Approval (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…

123-030-0040 Loan Contract Terms and Conditions (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 y…

123-030-0050 Sanctions, Exceptions and Appeals 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…

123-039-0000 Purpose and Objectives These rules establish procedures for the administration of the Aquifer Recharge Testing Forgivable Loan Program (“Program”) established under Oregon Laws 2023, chapter 606, Sections 30 and 31 (Enrolled House Bill 2010), under which the Infrastr…

123-039-0010 Definitions 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: (…

123-039-0020 Eligible Applicants The following entities are eligible to apply for a Program forgivable loan: (1) A Municipal Subdivision; (2) A port organized under ORS chapter 777 or 778; (3) A district as defined in ORS 198.010; (4) An Oregon Indian tribe as defined in ORS 294.…

123-039-0030 Eligible Project Costs and Activities (1) Eligible project costs include the necessary and reasonable costs, as determined by the Authority, for eligible project activities. (2) Eligible project activities include, but are not limited to: (a) Energy costs; (b) Operat…

123-039-0040 Ineligible Project Costs The following costs are ineligible for reimbursement under the Program: (1) Cost of purchase of general purpose motor vehicles and other equipment not directly related to the project; and (2) Indirect costs incurred by the applicant or a cont…

123-039-0050 Application Requirements In order to receive a Program forgivable loan, an eligible applicant must submit an application to the Department that: (1) Adequately describes the project’s scope and feasibility; (2) Is in the form provided by the Department; (3) Is accomp…

123-039-0060 Application Review and Approval (1) The Department will review all submitted applications to determine if they are complete and are accompanied by all necessary supporting documentation. (2) Once the Department has determined that an application is complete, the Depa…

123-039-0070 Application Prioritization The Department may set forth prioritization or tie breaking considerations in the request for applications or other notices of funding availability. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023, Chapter 6…

123-039-0080 Loan Requirements and Disbursement of Funds (1) Prior to the disbursement of any loan funds, the applicant must enter into a loan agreement with the Authority. (2) The loan agreement shall be in a form provided by the Authority, and must include: (a) A provision that…

123-039-0090 Loan Forgiveness (1) If the Department is satisfied with the documentation provided under OAR 123-039-0100(3), 100 percent of the amount of the loan shall be forgiven. (2) If the Department determines that water was used impermissibly within the terms of OAR 123-039-…

123-039-0100 Recipient Responsibilities (1) The recipient must comply with all applicable state laws, regulations and requirements, such as Oregon prevailing wage rates, procurement regulations, and the regulations and requirements of OWRD and DEQ permitting processes. (2) The re…

123-039-0110 Waivers and Appeals (1) The Department’s funding decisions are final and may not be appealed. (2) In its sole discretion, the Director or designee of the Department may waive non-statutory requirements of the Program if it is demonstrated that such a waiver would ser…

123-041-0000 Purpose and Objective These rules establish procedures for the administration of the Aquifer Recharge Due Diligence Grant Program (“Program”), established under Oregon Laws 2023, chapter 606, Sections 28 and 29 (Enrolled House Bill 2010), under which the Infrastructu…

123-041-0010 Definitions 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: (…

123-041-0020 Eligible Applicants The following entities are eligible to apply for a Program grant: (1) A Municipal Subdivision; (2) A port organized under ORS chapter 777 or 778; (3) A district as defined in ORS 198.010; (4) An Oregon Indian tribe as defined in ORS 294.805; and (…

123-041-0030 Eligible Project Costs and Activities (1) Eligible project costs include the necessary and reasonable costs, as determined by the Authority, for eligible project activities. (2) Eligible project activities include, but are not limited to: (a) Test pit construction; (…

123-041-0040 Ineligible Project Costs The following costs are ineligible for reimbursement under the Program: (1) Cost of purchase of general-purpose motor vehicles and other equipment not directly related to the project; and (2) Indirect costs incurred by the grant recipient or …

123-041-0050 Application Requirements In order to receive a Program grant, an eligible applicant must submit an application to the Department that: (1) Adequately describes the project’s scope and feasibility; (2) Is in the form provided by the Department; (3) Includes: (a) Docum…

123-041-0060 Application Review and Approval (1) The Department will review all submitted applications to determine if they are complete and are accompanied by all necessary supporting documentation. (2) Once the Department has determined that an application is complete, the Depa…

123-041-0070 Application Prioritization The Department may set forth prioritization or tie breaking considerations in the request for grant applications or other notices of funding availability. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023, Cha…

123-041-0080 Grant Requirements and Disbursement of Funds (1) Prior to the disbursement of any grant funds, the applicant must enter into a grant agreement with the Authority. (2) The grant agreement shall be in a form provided by the Authority, and must include: (a) A provision …

123-041-0090 Grant Recipient Responsibilities (1) Grant recipients must comply with all applicable state laws, regulations and requirements, such as Oregon prevailing wage rates, procurement regulations, and the regulations and requirements of OWRD and DEQ permitting processes. (…