Oregon Administrative Code

123-475-0065 Documentation and Evaluation (1) Documentation: (a) Identification: The Contracting Agency shall assist the Oregon Arts Commission with identification of the Work of Art which may include, without limitation, that plaques or labels identifying the Work of Art, are se…

123-475-0074 Relocation and Deaccession (1) Each Relocation and Deaccession action shall be determined on a case-by-case basis. Standards applied to Deaccession shall be at least as stringent as those applied to the acquisition process. (2) Changes in fashion, taste, administrati…

123-475-0080 Criteria for Relocation or Deaccession The Oregon Arts Commission may approve a request to consider Relocation or Deaccession of a Work of Art for one or more of the following reasons: (1) The artwork requires unforeseen excessive maintenance or repair, contains fail…

123-475-0085 Procedure for Relocation or Deaccession (1) The Public Art Advisory Committee will undertake periodic reviews of the collection and review all Relocation and Deaccession requests submitted to the committee by Oregon Arts Commission staff on behalf of the Arts Commiss…

123-500-0000 Purpose The Arts Program, under the direction of the Cultural Trust Board, awards grants for the Oregon Cultural Trust through three grant programs: Cultural Development Grants to cultural organizations, Community Cultural Participation Grants to county and tribal cu…

123-500-0005 Definitions (1) “Cultural Organization” means an organization defined in ORS 359.400. (2) “Cultural Trust Board” means the board established by ORS 359.410. (3) “Cultural Coalition” is a group organized in an Oregon county or within a federally recognized Indian Trib…

123-500-0010 Purpose (1) The purpose of the Cultural Trust’s Cultural Development Grant program is to provide state recognition and support to cultural organizations undertaking significant cultural programs and projects, preserving and enhancing Oregon’s diverse arts, heritage a…

123-500-0015 Applications and Eligibility (1) Applications must be submitted in the form required, and by a deadline set, in the RFP. (2) Applicants for Cultural Development Grants must be an Oregon cultural organization. (3) Proposals submitted by institutions of higher learning…

123-500-0035 Evaluation Criteria Cultural Development Grant applications are evaluated according to how they address the themes described in OAR 123-500-0010(1). Additional evaluation criteria include: (1) Significance of the activity or the project, including the quality of the …

123-500-0045 Use of Grant Funds (1) Cultural Development Grant funds must be used: (a) To address significant opportunities to advance, preserve or stabilize cultural resources; (b) To invest in the development of new resources; (c) To support proposals that have a broad cultural…

123-500-0055 Grant Award Process; Administration of Grants (1) Applications submitted to the Oregon Cultural Trust pursuant to its RFP will be reviewed by staff to determine whether the applicant is eligible to receive a Cultural Development Grant. Ineligible applications will be…

123-500-0070 Deadline Cultural Participation Grant contact information must be submitted to the Oregon Cultural Trust by a postmark deadline that will be established annually. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 359.400 - 359.444 History: EDD 3…

123-500-0075 Grant Contract; Final Reports Grant recipients are required to enter into a contract with the Arts Program of the Oregon Business Development Department. Pursuant to that contract, each grant recipient must complete a final expense and narrative report. Final financi…

123-500-0080 Purpose The purpose of the Cultural Trust’s Community Cultural Participation Grant program is to provide funds to counties and federally recognized Indian Tribes to support local cultural activities involving the arts, heritage and humanities. (1) This program is int…

123-500-0090 Eligibility (1) Each Oregon county, and each federally-recognized Indian Tribe, may establish a Cultural Coalition responsible for developing, implementing and monitoring a local cultural plan. (2) The Cultural Trust will award Cultural Participation Grant funds annu…

123-500-0100 Structure of Cultural Coalition (1) The structure of the Cultural Coalition reflects the cultural needs, assets and resources of each county and tribe. (2) To qualify for grant funds, a Cultural Coalition must: (a) Include representation from the arts, heritage, and …

123-500-0110 Fiscal Oversight (1) Coalitions that are recognized by the Internal Revenue Service as a 501-c-3 private non-profit organization, or are a local public entity is eligible to receive Community Cultural Participation Grants directly from the Cultural Trust. (2) Those c…

123-500-0120 Standards for Cultural Plans (1) Cultural Participation Grant funds may be awarded to any Oregon cultural coalition that operates under a cultural plan that has been approved by the Cultural Trust Board. (2) A cultural plan may be approved by the Cultural Trust Board…

123-500-0130 Cultural Participation Grant Allocation Process (1) Annually, on a date established each year by the Cultural Trust Board and on a form or online system provided by the board, a cultural coalition must submit to the board current contact information for the coalition…

123-500-0150 Purpose The Arts Program, under the direction of the Cultural Trust Board, awards grant funds to five statewide cultural entities to promote arts, heritage and humanities programs across Oregon and leverage existing resources to benefit more Oregonians. Statutory/Oth…

123-500-0160 Distribution of Funds The Arts Program, under the direction of the Cultural Trust Board, shall distribute the amount disbursed from the Trust for Cultural Development Account under ORS 359.426(3)(c) to the core partner agencies as follows: (1) 20 percent of the amoun…

123-500-0170 Limitations The core partner agencies are not eligible to apply for grants from the Community Cultural Participation Grant Program or the Cultural Development Grant Program. Statutory/Other Authority: ORS 359.416 Statutes/Other Implemented: ORS 359.400 - 359.444 Hist…

123-500-0175 Allowable Uses of Funds by Core Partner Agencies. (1) A core partner agency may use Cultural Partner Grant funds to: (a) Carry out the mission and mandate of the agency; (b) Serve more grantees; and (c) Encourage new cultural undertakings. (2) Each core partner agenc…

123-600-0100 Purpose and Scope This division of administrative rules applies to all applicants for the Business Energy Tax Credit for Renewable Energy Resource Equipment Manufacturing (“Manufacturing BETC”) as provided under Oregon Revised Statutes 285C.540 through 285C.559, and …

123-600-0105 Definitions The following definitions apply unless the context requires otherwise: (1) “Applicant” means a person who applies for preliminary certification of a Manufacturing BETC facility under this section including individuals, corporations, associations, firms, p…

123-600-0110 Process Overview (1) Application Stages. The Department reviews an application for a Manufacturing BETC in two stages. (a) The first stage is called preliminary certification. Prior to submitting an application and fee payment, the Applicant must contact the Departme…

123-600-0120 Preliminary Certification (1) Pre Screening. Persons interested in applying for a Manufacturing BETC shall first contact the Department to initiate a pre-screening process. (2) Submission of Application. Persons determined by the Department to have projects for propo…

123-600-0130 Final Certification (1) Facility Completion. To qualify for a final certificate, the facility shall be completed as described in the preliminary certificate, and in accordance with the performance agreement and these rules. Any changes to the preliminary certificate …

123-600-0135 Pass-through Transfer of the Tax Credit For purposes of ORS 285C.549 and the pass-through rate for discounting the face value of a certified Business Energy Tax Credit to the Net Present Value that is the minimum amount the Applicant shall receive as a cash payment f…

123-600-0140 Budget Limits and Payments (1) Amount of Credits Allowed for a Facility. During any calendar year, a Manufacturing BETC preliminary certificate shall not be issued for more than: (a) $40 million in maximum eligible facility costs for a renewable energy resource equip…

123-600-0150 Prioritization System for Manufacturing BETC Facilities Applications in Excess of Biennial Limits. In the event that the Department receives applications for preliminary certification with a total amount of potential tax credits in excess of the limitations in ORS 28…

123-600-0250 Research, Development, or Demonstration Facility (RDD) (1) Criteria. Eligible RDD facilities shall comply with one or more of the following criteria: (a) Research facilities that include a test bench research, prototype or pilot scale construction of a theoretically …

123-623-1000 GENERALLY FOR SIP PROJECTS — Purpose and Scope This division of administrative rules clarifies, specifies and establishes procedures, standards and criteria for operation of the Strategic Investment Program (SIP) under ORS 285C.600 to 285C.635 and 307.123. It does no…

123-623-1100 Definitions For the purposes of this division of administrative rules definitions are found in OAR 123-001 (Procedural Rules). Additionally, as used in these rules, the following terms have the meanings set forth below, unless the context demands otherwise. (1) Abate…

123-623-1115 Specially Preserved Rural Areas On and after October 5, 2015, the following remain rural areas under ORS 285C.600 pursuant to section 2, chapter 518, Oregon Laws 2015: (1) Any area inside Clackamas Rural SIZ #1, designated September 24, 2010, and sponsored by Clackam…

123-623-1250 Eligibility Criteria of the Commission Under the definition of “eligible project” as used in ORS 285C.600: (1) The Commission may establish criteria in order for property to receive Abatement either by resolution or as described in this division of administrative rul…

123-623-1300 Local Hiring For purposes of ORS 285C.603: (1) Prospective Applicants and County/local governments are encouraged to consider creative and cooperative means to promote gainful work for persons already residing in the proximate area or region of the Approved Project f…

123-623-1400 Making Application (1) An Applicant seeking the Commission’s determination of an eligible project for Abatement must submit an Application to the Department. (2) In addition to what is required by the Application or in this division of administrative rules, the Appli…

123-623-1500 Contents of Application, Generally The Application must include: (1) A copy of a First Source Hiring Agreement according to OAR 123-070 that takes effect beginning no later than when any hiring for the Approved Project commences and ending no sooner than June 30 of t…

123-623-1525 Application within a Strategic Investment Zone If the proposed investment is subject to approval based on its location inside an SIZ: (1) A complete Application must also include a locally endorsed and fully executed copy of the SIZ’s standardized agreement that unam…

123-623-1550 Application outside a Strategic Investment Zone A complete Application must also include all of the following, if the proposed investment is not using an SIZ: (1) Evidence that the County held a public hearing concerning the Applicant’s proposal, before executing the…

123-623-1600 Consideration and Approval (1)(a) The Department shall review each Application; and (b) Only after deeming that information in OAR 123-623-1500 and 123-623-1525 or 123-623-1550 is completely and accurately provided (except potentially for pending materials or informa…

123-623-1700 Establishment of Exempt Property (1) The Commission’s determination pursuant to OAR 123-623-1600 needs to define the Approved Project for purposes of the Abatement, consistent with the Application and the agreement between the Applicant and local government(s). (2) S…

123-623-1800 State Application and Approval Fees With respect to ORS 285C.612 and the fees payable to and collected by the Department: (1) The following (non-refundable) amount must accompany the Application: (a) $5,000; or (b) $10,000 for a proposed Urban Project. (2) After the …

123-623-1900 Community Service Fee (1) The local agreement included with the Application and described in OAR 123-623-1525 or 123-623-1550 shall: (a) Provide for the community service fee under ORS 285C.609(4)(b) and (c) or 285C.623(4)(b) and (c); and (b) Stipulate the means by w…

123-623-1950 Local Distribution of Community Service Fee For purposes of annual payments to be received according to OAR 123-623-1900: (1) The County shall distribute the entire annual community service fee to: (a) The County; (b) City government(s) if any part of Approved Projec…

123-623-1975 Mandatory Parties to Community Service Fee Agreement An effective agreement under ORS 285C.609(7) or 285C.623(6) for purposes of OAR 123-623-1950 must include at least: (1) The County government; (2) Any city government described OAR 123-623-1950(1)(b); (3) Any port …

123-623-2000 Confidential Records As provided under ORS 192.345, 192.355 and 285C.620: (1) The Department shall not release any information identifying or pertaining to an expected Applicant, or to discussions among it, local governments, or the Department and members of the Comm…

123-623-2500 Starting SIP Period and Taxable Bases of Assessment & Taxation (1) Under ORS 307.123(2)(c) the initial tax year for a period of Abatement occurs when: (a) The total real market value of property comprising the Approved Project, as of the tax year’s corresponding asse…

123-623-3000 LEGACY ZONES — Duration and Potentialities (1) An existing SIZ does not expire and may be neither terminated nor geographically amended. (2) In an SIZ the following occurrences do not affect any Approved Project for which the Department received the Application befor…