Oregon Administrative Code

123-100-0070 Loan Information (1) The Department may make a loan to a Project Sponsor for eligible Project costs of a Development Project from the Fund. The loan amount awarded will be based on a reasonable and prudent expectation of the ability of the applicant to repay the loan…

123-100-0080 Forgivable Loan Information (1) The Department may provide forgivable loans for Planning Project up to a maximum of 1% of the amount in the Fund. (2) Forgivable Loans for a Planning Project shall be forgiven upon Project Sponsor providing documentation that the terms…

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 …

123-130-0040 Project Eligibility (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 con…

123-130-0050 Application Requirements (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 descri…

123-130-0060 Application Considerations and Processing (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 mak…

123-130-0070 Forgivable Loan Agreement Conditions (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 sh…

123-130-0080 Remedies (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 tha…

123-130-0090 Consultation with Government Agency (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, an…

123-135-0000 Purpose 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 …

123-135-0010 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…

123-135-0020 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 shall have the following meaning unless otherwise indicated: (1) "Bridge Loan" means a loan that will be re…

123-135-0030 Applicant Eligibility (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 d…

123-135-0040 Project Eligibility (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) S…

123-135-0050 Application Requirements (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) Applicati…

123-135-0065 Application Considerations and Processing (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 Depa…

123-135-0080 Loan Agreement Conditions (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 fee…

123-135-0087 Grant Contract Conditions (1) Municipal and eligible non-profit organization applicants may be eligible for grants. Determination of grant eligibility will be made by the Department at the time of award and may be based on subsidy need, credit risk, economic benefit,…

123-135-0090 Remedies (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 fa…

123-135-0100 Subsidies and Waivers (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…

123-135-0110 Consultation with Department of Environmental Quality (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 Env…

123-140-0010 Purpose, Scope, and Incorporated Documents (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…

123-140-0020 Definitions 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 e…

123-140-0030 Eligible Applicants and Activities (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, d…

123-140-0040 Program Information (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 prepare…

123-140-0050 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, if allowed under the Contract, the Recipient fails to correct the deficiency within a reasonable time afte…

123-142-0000 Purpose and Objective These rules establish procedures for the administration of the Levee Grant Program (“Program”). The Program is funded by the Levee Project Grant Fund. The Program provides financial assistance in the form of grants for the financing of Levee Pro…

123-142-0005 Definitions For the purposes of these rules, additional definitions may be found in Procedural Rules, OAR 123-001-0050. As used in this division of administrative rules, the following terms shall have the following meanings, unless the context clearly indicates other…

123-142-0010 Eligible Applicants The following entities are eligible to receive a Program grant: (1) A Municipality; (2) Corporations or companies for drainage or flood control organized under ORS Chapter 554; and (3) For-profit or nonprofit entities and individuals engaged in th…

123-142-0015 Eligible Projects, Costs, and Activities (1) In order to be eligible for an Award, the Project must: (a) Substantially contribute to the improvement, expansion or repair of the state’s or a Municipality’s infrastructure system; and (b) Be essential for the continued …

123-142-0020 Ineligible Project Costs The following costs are ineligible for funding under the Program: (1) Purchase of general-purpose motor vehicles and equipment; (2) Operation or maintenance costs; and (3) Costs paid for by other financing for the Project, whether from the Au…

123-142-0025 Application Process (1) In order to apply for an Award, Applicants must consult with Business Oregon and complete the preapplication process as prescribed by the agency. (2) Once eligibility has been determined, the Agency will provide the Applicant with all necessar…

123-142-0030 Award Requirements and Limitations (1) The Authority shall Award a minimum of 60 percent (60%) of the dollar value of grants awarded from the Fund in any biennium to Levee Projects in rural areas or distressed areas as those terms are defined in ORS 285A.010. (2) For…

123-142-0035 Application Review and Approval (1) The Authority will review all submitted applications to determine if they are complete and accompanied by all required supporting documentation. (2) In order to approve a funding application, the Authority must determination that: …

123-142-0040 Disbursement of Funds The Authority shall disburse monies on a reimbursement or cost incurred basis from the fund only after entering a contract with the Applicant. The contract will be in form and substance as provided by the Authority, and must include: (1) A provi…

123-165-0010 Purpose and Objectives 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 gran…

123-165-0020 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 requires otherwise the following definitions apply: (1) "Allocation" means an origin…

123-165-0030 Use of Original Allocation and Reallocation (1) For the purposes of recovery zone economic development bond and recovery zone facility bond allocations, a recipient of an original allocation may use its allocation or designate other issuing localities within the juri…