Oregon Administrative Code

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…

123-047-0045 Eligible Applicants, Eligible Projects and Eligible Activities (1) Unless specified otherwise in Oregon statute or rule, eligible applicants for Broadband Programs include the following: municipalities as defined in ORS 285B.410(9), federally recognized Indian tribes…

123-047-0047 Evaluation Criteria (1) Evaluation criteria for Broadband Program applications and for awarding financial assistance shall include: (a) Whether the applicant has capacity or will have capacity to deliver the proposed project; (b) Whether the submitted application is …

123-047-0060 Financial Assistance Disbursements (1) Unless stated otherwise in the funding notice, financing contract, or Program Handbook, financial assistance issued through a Broadband Program will be disbursed to an award recipient on an expense reimbursement or costs-incurre…

123-047-0080 Records and Data Confidentiality (1) Applications and financing contracts will be public records that are subject to disclosure except for material that qualifies under a public records exemption or is otherwise subject to confidentiality protections provided by law.…

123-047-0085 Reporting Requirements (1) Every recipient of financial assistance from a Broadband Program must comply with reporting requirements provided in the financing contract and these rules. (2) Broadband Program financial assistance recipients shall report the following at…

123-047-0087 Registry of Telecommunication Providers and Statewide Broadband Map (1) The Department will develop and maintain a registry of telecommunications providers (as that term is defined in ORS 184.911) in the state that includes broadband service providers. Any telecommun…

123-047-0090 Broadband Technical Assistance Program (BTAP)—Purposes and Objectives The Broadband Technical Assistance Program will provide Technical Assistance grants and loans utilizing Universal Service Fee funds transferred by the Public Utility Commission to the Broadband Fun…

123-047-0095 Broadband Technical Assistance Program (BTAP)—Handbook The Broadband Technical Assistance Program Handbook, with the requirements and standards therein, is incorporated into and adopted as part of this division of administrative rules by reference and has application…

123-047-0100 Broadband Equity, Access, and Deployment (BEAD) Program—Purposes and Objectives The federal Broadband Equity, Access, and Deployment (BEAD) Program, established under 47 U.S.C. 1702, will provide funding to Oregon. The Department will use a portion of the funds to es…

123-047-0105 Broadband Equity, Access, and Deployment (BEAD) Program—Handbook (1) The Department will not publish and adopt as a rule a separate Program Handbook for the BEAD Program. (2) Applicants for the Broadband Equity, Access, and Deployment (BEAD) Program shall comply with…

123-047-0110 ARPA Capital Projects Fund Broadband Deployment Program—Purposes and Objectives The Coronavirus Capital Projects Fund (42 U.S.C. 804) will be used to fund a broadband deployment program that provides grants towards the costs of physical broadband infrastructure (“ARP…

123-047-0115 ARPA Capital Projects Fund Broadband Deployment Program – Handbook The ARPA Capital Projects Fund Broadband Deployment Program Handbook, dated April 2025, with the requirements and standards therein, is incorporated into and adopted as part of this division of admini…

123-047-0120 ARPA Capital Projects Fund Digital Connectivity Technology Program—Definitions (1) “Community Anchor Institution” means an entity which facilitates greater use of broadband service by vulnerable populations, including low-income individuals, unemployed individuals, a…

123-047-0125 ARPA Capital Projects Fund Digital Connectivity Technology Program—Application Requirements (1) The Department will announce deadlines for submitting Program applications and provide the final evaluation criteria details in the funding notice. An application for a Pr…

123-047-0130 ARPA Capital Projects Fund Digital Connectivity Technology Program—Application Evaluation, Review and Approval, Appeals & Waiver (1) The Department shall conduct a review of all timely submitted applications for Program financial assistance. The Department’s review s…

123-047-0135 ARPA Capital Projects Fund Digital Connectivity Technology Program—Financing Contracts (1) After approval of an application for a Program award for a project and issuance of a notice of intent to award, the Department shall promptly begin preparation and negotiation …

123-047-0140 ARPA Capital Projects Fund Digital Connectivity Technology Program—Eligible Applicants, Eligible Project Costs, and Ineligible Project Costs (1) Eligible Applicants are defined in OAR 123-047-0120. Notwithstanding the foregoing sentence, public safety entities and an…

123-047-0145 ARPA Capital Projects Fund Digital Connectivity Technology Program—Other Miscellaneous Grant Recipient Obligations (1) Program grant recipients shall comply with the following: Program funding notice; terms of the Financing Contract; this OAR Chapter 123, division 47…

123-047-0150 ARPA Capital Projects Fund Digital Connectivity Technology Program—Records and Data Confidentiality (1) Unless otherwise exempt, documents; data and information regarding a Program applicant or recipient, proposed project or Program project in an application; applica…

123-047-0155 ARPA Capital Projects Fund Digital Connectivity Technology Program—Remedies for Recipient’s Default The Department may invoke remedies for an “event of default” by the grant recipient as further described in the Financing Contract, but that include but are not limite…

123-047-0160 ARPA Capital Projects Fund Digital Connectivity Technology Program—Reporting Requirements (1) Every recipient of Program financial assistance that enters into a Financing Contract with the Department must comply with reporting requirements provided for in the contrac…

123-049-0005 Purpose, Scope and Incorporated Documents (1) This division of administrative rules implements a federally funded state revolving fund to provide financing to community and nonprofit non-community drinking water systems for planning, design, construction or improveme…

123-049-0010 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, unless the context clearly indicates otherwise: (1) "Act" means the Safe Drinking Water Act at 42 U.S.C…

123-049-0020 Eligible Applicants and Activities (1) All community water systems and nonprofit non-community water systems are eligible to apply for financing except those determined to be ineligible by the department because of prior nonperformance. (2) Eligible and ineligible ac…

123-049-0025 Funding Award 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 …

123-049-0026 Application Review and Approval (1) After Oregon Health Authority eligibility determination and rating and ranking of a preliminary letter of interest form, an eligible water system may submit a funding application upon invitation from the Authority. The water system…

123-049-0027 Contract Requirements and Disbursement of Funds (1) The Authority shall disburse monies from the Fund only after entering into a binding contract with the Recipient. (2) The contract shall be in a form provided by the Authority. (3) Other funds that may be needed to …

123-049-0030 Program Information (1) The Authority shall prepare program guidelines, application forms and other supplementary program information to help Applicants seek financing and prepare financing applications for the Fund. (2) Program guidelines as prepared under section (…

123-049-0035 Loan Fee (1) The Authority may charge a loan fee on all funding awards, unless eligible for any exceptions established in this rule. The loan fee amount will be set by the IFA Board and may be periodically revised by that Board. (2) The fee may be included as part of…

123-049-0040 Program Rights and Remedies (1) The Department may exercise certain rights and remedies in the event the recipient fails to comply with contract provisions and the recipient fails to correct the deficiencies within a reasonable time after the recipient is notified of…

123-049-0050 Private Ownership and Regulation of Subsidies for Public Benefit (1) For a privately owned water system awarded subsidy by the Fund, the amount of subsidy shall not be treated as equity, but rather in all cases as a contingent liability on the balance sheet of the pu…

123-049-0060 Drinking Water Protection Fund (1) For purposes of implementing section 1452(k)(1) of the Act, the Authority shall administer loans and grants to public water systems for protecting surface and underground sources of drinking water, in order to solve or prevent healt…

123-051-0100 Purpose (1) The Infrastructure Finance Authority, pursuant to Oregon Revised Statutes ORS 401.910, shall develop and administer grant programs for the seismic rehabilitation of critical public buildings. (2) The funds for the seismic rehabilitation of critical public…

123-051-0200 Definitions (1) “Acute inpatient care facility” means a licensed hospital with an organized medical staff, with permanent facilities that include inpatient beds, with comprehensive medical services, including physician services and continuous nursing services under t…

123-051-0300 Eligible Applicants The following are eligible to apply for a Seismic Rehabilitation Grant, except those determined to be ineligible by the Authority because of nonperformance under a prior Seismic Rehabilitation Grant contract: (1) All hospital buildings with acute …

123-051-0400 Program Information (1) The Authority shall prepare a Grant Application Package. The application package may contain a guidance document, application forms, and other supplementary information that may help eligible applicants prepare grant applications. (2) The guid…

123-051-0500 Program Sanctions The grantee shall be responsible for taking all actions necessary to enforce the terms of the grant contract against any private or public participant who fails to comply with applicable provisions of the grant contract, and to recover on behalf of …

123-051-0600 Project Eligible Activities Projects must meet the following criteria to be eligible for this program: (1) Education building gymnasiums, cafeterias and multipurpose rooms that are feasible to be used as emergency shelters in disasters must be rehabilitated to meet t…

123-051-0700 Project Ineligible Activities Project ineligible activities include, but are not limited to: (1) The demolition and rebuild of an existing critical public building. (2) Partial rehabilitation of a building that does not holistically address all known seismic deficien…

123-051-0750 Special Conditions (1) If the building is located in an identified tsunami inundation zone the applicant shall consult with the State Department of Geology and Mineral Industries for assistance in determining the impact of possible tsunamis on the proposed project an…

123-051-0800 Application Submittal, Review and Approval (1) The Authority shall announce deadlines for submitting applications, how to obtain an application form, and required supplemental documents. (2) An eligible critical public building may submit an application after consult…

123-051-0900 Project Administration (1) The Authority and the Applicant must execute a grant contract prior to disbursal of grant funds. (2) Documentation of project costs incurred by entity must be submitted to the Authority prior to disbursal of funds. (3) Disbursal of grant fu…

123-051-1000 Grant Awards and Match (1) Grants will be awarded only when there are sufficient funds available in the Seismic Rehabilitation Grants program. (2) Grant funds shall be distributed to public education facilities and emergency services facilities as allocated by the Le…

123-051-1100 Grant Agreement Conditions (1) The Authority will only enter into new agreements or amendments to existing agreements, with prior Grantees, if all reporting obligations under earlier agreements have been met. (2) If the grant agreement has not been fully executed by …