Oregon Administrative Code

123-041-0100 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 Department may waive non-statutory requirements of the Program if it is demonstrated that such a waiver would serve to f…

123-042-0010 Purpose and Objectives 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. Statutory…

123-042-0020 Definitions 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…

123-042-0026 Loan and Grant Information (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…

123-042-0036 Project Priorities and Funding (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 ha…

123-042-0038 Criteria for Special Project Funding 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 …

123-042-0042 Allowable Project Costs 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…

123-042-0045 Planning Project Eligibility, Criteria and Funding (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 f…

123-042-0052 Ineligible Projects and Project Costs 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 …

123-042-0055 Emergency Project Eligibility, Criteria and Funding (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) …

123-042-0061 Levee Project Eligibility, Criteria and Funding (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 …

123-042-0062 Application Requirements (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 …

123-042-0072 Application Review and Approval (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 la…

123-042-0082 Contracts and Disbursements of Funds (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 provisio…

123-042-0165 Municipality Responsibilities (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 recor…

123-042-0175 Eligibility Criteria for State Revenue Bond Loans 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 municip…

123-042-0180 Remedies 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 Rec…

123-042-0190 Appeals and Exceptions (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 fundin…

123-043-0000 Purpose and Objectives 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. Statutory/Other Authority: ORS 285B.563 & 285A.075 Statu…

123-043-0010 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: (…

123-043-0015 Eligible Project Costs and Activities- Water Projects 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 th…

123-043-0025 Ineligible Project Costs 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 …

123-043-0035 Criteria and Limitations for Funding — Water Projects Eligibility of projects funded with the fund is determined by the Authority using the criteria below: (1) A municipal drinking water system, wastewater system, or storm drainage system has received a notice of non…

123-043-0041 Criteria and Limitations for Funding — Technical Assistance Projects (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 F…

123-043-0055 Loan and Grant Information (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…

123-043-0065 Application Requirements (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 …

123-043-0075 Application Review and Approval (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 …

123-043-0085 Contract Requirements and Disbursement of Funds (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 b…

123-043-0095 Recipient Responsibilities (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 prof…

123-043-0102 Eligibility Criteria for State Revenue Bond Loans 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;…

123-043-0115 Appeals and Exceptions 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 appea…

123-046-0000 Purpose and Objectives 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 S…

123-046-0010 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: (…

123-046-0020 Eligible Project Costs and Activities 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 asso…

123-046-0030 Ineligible Project Costs 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 p…

123-046-0040 Loan and Grant Applicant Eligibility (1) Parties eligible for a loan or grant under these rules include municipalities, Persons, and non-profit organizations. (2) The Department may limit the number of open projects an applicant may have at any one time. Statutory/Ot…

123-046-0050 Tide Gate Construction Projects (1) Each application for construction funding shall address a single tide gate drainage system. A tide gate drainage system may include multiple tide gates and associated drainage infrastructure but may not include unrelated tide gate …

123-046-0060 Tide Gate Construction Project Application Eligibility Criteria The Department will determine tide gate construction project application eligibility using criteria including but not limited to the following: (1) The application must demonstrate shovel readiness inclu…

123-046-0070 Tide Gate Planning Projects (1) Tide gate planning project applications shall be in the form provided by the Department and shall contain or be accompanied by such information and documentation as the Department may require. The Department will process only completed…

123-046-0080 Tide Gate Planning Project Application Eligibility Criteria The Department will determine tide gate planning project application eligibility using criteria including but not limited to the following: (1) The application must demonstrate that the study scope will incl…

123-046-0090 Tide Gate Project Application Prioritization Criteria (1) The Department may prioritize tide gate project applications using considerations including but not limited to the following: (a) The technical merit of the proposal including the extent to which the approach …

123-046-0100 Tide Gate Coordinator and Technical Studies (1) The Department may contract with one or more tide gate coordinators for purposes including but not limited to: (a) Providing technical assistance and program information to tide gate owners; (b) Providing interagency li…

123-046-0110 Loan and Grant Information (1) The Department may award financing in a manner that maximizes the use of available resources and maintains the desired credit standards of the fund. The Department shall determine the amount, type, interest rate and terms of any financi…

123-046-0120 Application Review and Approval (1) For a tide gate project, the Department must make the following determinations: (a) That a tide gate construction project is feasible as demonstrated by certification from a professional engineer registered in the State of Oregon i…

123-046-0130 Contract Requirements and Disbursement of Funds (1) The Department’s obligation to fund tide gate projects occurs only after entering into a binding contract with the recipient. (2) The contract shall be in a form provided by the Department. (3) If any portion of the…

123-046-0140 Recipient Responsibilities (1) The recipient must comply with all applicable state and federal laws, regulations and requirements. (2) The funding recipient shall follow standard construction practices, such as bonding of engineers and contractors, requiring errors a…

123-047-0010 Purpose (1) The rules of OAR Chapter 123, division 47 are established pursuant to: (a) the Oregon Business Development Department’s (“Department”) rulemaking authority under ORS 285A.075(1)(a) to adopt rules necessary to carry out the duties, function and powers vest…

123-047-0020 Definitions Some terms used in OAR Chapter 123, division 47 are defined in Procedural Rules, OAR Chapter 123, division 1 and herein. In addition, as used in this division of administrative rules, unless the context requires otherwise, the following definitions apply:…

123-047-0030 Funding Sources (1) Each Broadband Program operated by the Department may vary depending on the source(s) of funding for the Broadband Program and the respective requirements of the funding source(s). (2) Broadband Fund. Funds in the Broadband Fund, established by Se…

123-047-0040 Application Process (1) Application Cycle and Process; Funding Notice. Each Broadband Program providing grant or loan financial assistance will be subject to an application cycle and process determined by the Department. However, Broadband Service Infrastructure Prog…