Oregon Administrative Code

123-092-0010 Purpose The purpose of these rules is to provide procedures, standards and criteria for the making of loans from the Small Business Expansion Loan Fund, also referred to as the Oregon Royalty Fund (ORF). Statutory/Other Authority: ORS 285B.092 & OL Ch 71 2018 Statute…

123-092-0020 Definitions For the purpose of these rules additional definitions may be found in Procedural Rules, OAR 123-001-0050. For purposes of this division of administrative rules, unless the context requires otherwise: (1) "Applicant" means any person or any combination of …

123-092-0030 Eligibility (1) Eligible projects are business development projects as defined in OAR 123-092-0020(2). (2) To be eligible, an applicant must operate an Oregon Growth Business. (3) The primary focus of ORF is to provide net, new money financing for Oregon Growth Busin…

123-092-0040 Reserved Loans The Department may reserve up to 20 percent of all moneys available for lending in the ORF on July 1 of each fiscal year for loans during the fiscal year that begins on that day to applicants who are individuals or for which a majority of whose owners …

123-092-0050 Application Procedure (1) An applicant may submit an application to the Department on a form or in a format approved by the Department, together with an Application Fee. (2) If the amount of the loan being sought from the Fund is $250,000 or less, the Director may in…

123-092-0060 Loan Conditions of the Oregon Royalty Loan Program The Department may approve a loan request if it finds that: (1) The proposed Business Development Project is feasible and a reasonable risk from practical and economic standpoints, the Applicant demonstrates readines…

123-092-0065 Loan Conditions of the Oregon Angel Loan Program The Department may approve a loan request if it finds that: (1) The proposed business development project is feasible and a reasonable risk from practical and economic standpoints, the applicant demonstrates readiness …

123-092-0070 Loan Agreement for an Oregon Royalty Loan (1) If the Finance Committee approves a loan, the Department and the borrower may enter into a loan contract that, among other matters: (a) shall set forth a plan for repayment by the borrower to the Oregon Royalty Fund money…

123-092-0075 Loan Agreement for an Oregon Angel Loan (1) If the Department approves a loan, commitments are good for 12 months and conditioned upon the borrower raising between 1 to 10X of the amount of the Oregon Angel Loan Fund Award (e.g., $250,000 Angel Loan Award at 4X would…

123-092-0080 Servicing, Amendments and Modifications (1) All loans shall be monitored by, and all loan repayments shall be made to, the Department. (2) It is the responsibility of the borrower to ensure that the Department receives its payment by the due date. (3) Any request for…

123-092-0090 Fees and Charges (1) The Department shall charge and collect a non-refundable Application Fee of $500 at the time the application is submitted. If the loan is declined or does not close, the Application Fee will not be refunded. (2) The Department may charge and coll…

123-095-0000 Purpose and Objectives The purpose of this division of administrative rules is to govern the use of funds in the Industry Competitiveness Fund established by ORS 285B.290. Statutory/Other Authority: ORS 285A.075(5) & 285A.110 Statutes/Other Implemented: ORS 285B.286 …

123-095-0010 Definitions For the purposes of these rules, additional definitions may be found in Procedural Rules OAR 123-001. The following terms shall have the following meaning, unless the context clearly indicates otherwise: (1) "Project" means an activity that contributes to…

123-095-0030 Eligible and Non-Eligible Activities (1) Funds in the Industry Competitiveness Fund may be used by Department to: (a) provide grants for Projects. Examples of a Project include, but are not limited to, the following activities: (A) Assisting a Traded Sector Industry(…

123-095-0035 Award Requirements A Project which is financed through an Industry Competitiveness Fund grant must meet the following criteria: (1) Individual businesses in the Traded Sector Industry(ies) must be involved in planning the Project or Department must determine that the…

123-095-0040 Administration of Awards (1) Upon approval of a grant for a Project, Department will enter into an agreement with the entity responsible for completing the Project. The agreement will, as applicable, include, but is not limited to, the following: (a) A description of…

123-097-0100 Purpose This division of administrative rules establishes procedures and standards for the designation of regionally significant industrial sites and the qualification of sponsors, which become the basis of tax reimbursement arrangements to assist public entities to …

123-097-0200 Definitions ORS 285B.626 and OAR 123-001 (Procedural Rules) contain definitions used in this division of administrative rules. In addition, unless the context requires otherwise: (1) “Development Agreement” means a contract whereby a public entity invests public mone…

123-097-0500 Regionally Significant Industrial Site Designation (1) For an industrial site to be designated as a RSIS, the Department must find that the proposed site is one of the following: (a) Land, which may comprise one or more tax lots or sites, entirely within a “regionall…

123-097-1000 Sponsor Qualification (1) Criteria the Department will consider when determining Sponsor qualification are: (a) Whether the applicant has or will have the financial, material, equipment, facility and personnel resources and expertise, or has the ability to obtain the…

123-097-1500 Application and Approval Process (1) Applications for designation as a Regionally Significant Industrial Site and for qualification as a Sponsor are combined, and must be submitted on a form prescribed by the Department and according to any instructions provided by t…

123-097-2000 Eligible and Ineligible Site Preparation Costs (1) As an overall requirement, all RSIS preparation activities and costs must be incurred in compliance with all applicable laws and regulations, including but not limited to prevailing wage rates, public procurement law…

123-097-2200 Sponsor Responsibilities (1) The Sponsor shall: (a) Maintain accounts and records for all activities and expenditures associated with preparation of a RSIS, giving the Department and its representatives reasonable access to such records. (b) Ensure that service provi…

123-097-2500 Determination of eligible costs and estimated incremental income tax revenues (1) Once a RSIS has been designated and a Sponsor has been certified and a tax reimbursement agreement is established, the Sponsor must submit the following information to the Department by…

123-097-3000 Tax Reimbursement Arrangements For purposes of a tax reimbursement agreement under ORS 285B.627(5)(a): (1) After a request from a qualified Sponsor, the Department may establish a tax reimbursement agreement to reimburse the Sponsor’s eligible RSIS preparation costs.…

123-098-0010 Purpose This division of administrative rules establishes standards and criteria for the approval of grants related to the Industrial Site Readiness Assessment Program (“Program”) to evaluate regional industrial land inventories. Statutory/Other Authority: ORS 285A.0…

123-098-0020 Definitions ORS 285B.636 and OAR 123-001 (Procedural Rules) contain definitions used in this division of administrative rules. In addition, unless the context requires otherwise: (1) “Private owner,” as used in ORS 285B.626(5)(b), means one or more persons, businesse…

123-098-0030 Eligible Economic Development Districts “Economic development district” means one of the following: (1) The Affiliated Tribes of Northwest Indians Economic Development Corporation, serving tribal members of the Burns-Paiute Tribe, the Confederated Tribes of Coos, Low…

123-098-0040 Site Assessment and Development Plan Grants (1) As funds are available, the Department will provide grants on a competitive basis to: Public owners of RSIS or public entities that have entered into development agreements or other agreements with private owners with r…

123-098-0050 Regional Inventory/Assessment, and Regional Planning Grants (1) As funds are available, the Department will provide grants to conduct regional industrial land inventories, assess site development costs, prioritize regionally significant industrial sites, and evaluate…

123-098-0060 Uncommitted Annual Program Allocation Uncommitted funds from annual allocations will be added to the following annual allocation and made available in procedures defined within these rules. Statutory/Other Authority: ORS 285A.075 & 285B.635-285B.642 Statutes/Other Im…

123-098-0070 Reporting (1) Copies of final reports to be submitted to the Department within 30 days of receipt by Public Entity; and (2) Annual progress report from Public Entity of all activities conducted or completed by program funding, and current budget to be submitted to De…

123-099-0010 Purpose The purpose of these rules is to establish the Industrial Lands Loan Fund required by the 82nd Oregon Legislative Assembly, 2023 Regular Session, passed chapter 25, sections 14 to 23, Oregon Laws 2023 (Enrolled Senate Bill 4). The scope of these rules include…

123-099-0020 Definitions (1) “Act” means Chapter 25, sections 14 to 23, Oregon Laws 2023. (2) “Agreement” means a program repayable or forgivable loan contract between the Department and a Project Sponsor for an approved application that provides for the award amount from the Ind…

123-099-0030 Project and Applicant Eligibility (1) An applicant seeking a forgivable loan for a planning project under Section 16, chapter 25, 2023 Oregon Laws, must demonstrate in the Program application that the proposed planning project, as that term is defined, is an eligible…

123-099-0040 Application Review and Approval 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 …

123-099-0050 Forgivable Loan Agreement Conditions (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 De…

123-099-0060 Agreements (1) After approval of an application for a program loan award for a Project and conditional notice, the Department shall promptly begin preparation and negotiation of an Agreement with the Project Sponsor. The Department conducts a financial review on appr…

123-099-0070 Records and Data Confidentiality (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…

123-099-0080 Reporting Requirements (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…

123-110-0001 Purpose and Statutory Authority These rules implement ORS 284.885(8) and 284.887(3) and govern the activities of the Oregon Growth Board in overseeing the Oregon Growth Account and the Oregon Growth Fund. The Board operates under the authority of ORS 284.881 to 284.8…

123-110-0002 Definitions For purposes of this division, the following terms have the meanings set forth below, unless the context clearly indicates otherwise. Additional definitions may be found in OAR 123-001-0050. (1) “Account” means the Oregon Growth Account, established by OR…

123-110-0003 Permissible Investments, Activities, and Services (1) The Board may invest moneys from the Account or the Fund into Investment Vehicles to encourage investment in and availability of capital to businesses in this state and to increase resources available to local gov…

123-110-0004 Use of Leverage and Financial Tools (1) As authorized by ORS 284.885(8)(b), the Board may use or encourage the use of Leverage, guarantees, or other financial tools to maximize the impact of investments made through the Account and the Fund consistent with the Invest…

123-110-0005 Evaluation of Investments and Impact (1) The Board shall maintain methods for evaluating the performance and impact of investments made through the Account and the Fund, including tracking and reviewing, at least annually, quantitative and qualitative indicators of p…

123-110-0006 Other Requirements Pursuant to ORS 284.887(3), the Board may require either in the Investment Policy Statement or as part of an individual Investment Vehicle approval that a management company or state agency invest in Oregon an amount that is at least equal to the p…

123-130-0000 Purpose 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 f…

123-130-0010 Policy 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 redevelo…

123-130-0020 Definitions 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 acquire…

123-130-0030 Applicant Eligibility (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 …