Or. Admin. Code § 123-042-0020

Current through Register Vol. 63, No. 12, December 1, 2024

Section 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" means the Infrastructure Finance Authority within the Oregon Business Development Department.

(2) "Award" means the Authority's determination that the project is eligible for funding and that the Authority has identified the specified funding type and amount for the activities described in the staff recommendation.

(3) "Award date" means the date of the final Authority management signature approving the award.

(4) "Board" means the Oregon Infrastructure Finance Authority Board.

(5) "Commission" means the Oregon Business Development Commission

(6) "Development project" means a project for the acquisition, improvement, construction, demolition, or redevelopment of municipally owned utilities, buildings, land, transportation facilities or other facilities that assist the economic and community development of the municipality, including but not limited to the following type of projects:

(a) Transportation projects

(b) Utility system projects

(c) Buildings, lands or other facility projects including planning project activities that are necessary or useful as determined by the Authority.

(d) Natural or Green Infrastructure projects. For a project to be eligible under Natural or Green Infrastructure, the following criteria must be met:

(A) Investment must be associated with current, converted, or to be restored natural area or a naturalized area designed to emulate natural function;

(B) Project benefits are targeted to communities and the project must be municipally owned. Ownership may include easements or fee simple to the degree necessary for the infrastructure project. Projects must demonstrate management is in place to ensure project benefits.

(C) The project must provide enhanced gains, including but not limited to, climate resilience for communities, drinking water source protection, enhanced water quality and floodwater retention.

(7) "Direct project management costs" means expenses directly related to a project that are incurred by a municipality solely to support or manage a project eligible for assistance under ORS 285B.410 to 285B.482. Direct project management costs does not include routine or ongoing expenses of the municipality.

(8) "Eligible commercial jobs" means jobs that are created or retained by businesses selling goods or services into markets for which national or international competition exists.

(9) "Emergency project" means a development project resulting from an emergency as defined in ORS 401.025

(10) "Essential Community Facilities" means municipally owned or operated facilities that provide or support services vital to public health and safety, including, but not limited to police and fire protection, medical treatment, public utilities, transportation, and auxiliary shelter facilities.

(11) "Executive Director" means the administrator of the Infrastructure Finance Authority.

(12) "Firm business commitment project" means a project in response to a specific business development, expansion or retention proposal where assistance is necessary to enable the proposal to proceed and where permanent, full-time equivalent jobs will be created or retained. The project must support industrial development or eligible commercial jobs and be consistent with local comprehensive plans and implementing ordinances.

(13) "Fund" means the Special Public Works Fund created by ORS 285B.455.

(14) "Levee project" means a planning project, development project, or other project that is directly related to and necessary for the construction, capital improvement, required inspections, levee certification, accreditation or repairs of levees, flood control embankments or flood control facilities.

(15) "Marine facility" has the meaning given that term in ORS 285B.410(7).

(16) "Municipality" means an Oregon city, or county, the Port of Portland created by ORS 778.010, a county service district organized under ORS Chapter 451, a district as defined in 198.010, a tribal council of a federally recognized Indian tribe in this state, or an airport district organized under ORS 838, but does not include an ORS 190 entity.

(17) "Natural or Green Infrastructure" means an area or system that is either naturally occurring or naturalized and then intentionally managed to provide multiple benefits for the environment and human well-being. Types of projects may include:

(a) Built Infrastructure which is systems built to store, transport, treat, or manage water, usually in the forms of dams, pipes, sewer systems, wastewater treatment plants, dikes, levees, flood control facilities, or storm water drainage; or

(b) Natural or Green Infrastructure which is a strategically planned network of natural and working lands, such as forest, rivers, wetlands, and waterways that conserve and enhance ecosystem values and functions, and provide associated benefits for safe and healthy communities and vibrant local economies.

(18) "Planning project" means:

(a) A project related to a potential development project for preliminary, final or construction engineering;

(b) A survey, site investigation or environmental action related to a potential development project;

(c) A financial, technical or other feasibility report, study or plan related to a potential development project; or

(d) An activity that the Authority determines to be necessary or useful in planning for a potential development project.

(19) "Pre-disaster mitigation projects" means a project that is eligible under the program requirements and addresses and reduces future losses, primarily from a natural hazard, and has federal disaster relief assistance funds or pre-disaster mitigation funds committed to the project. Types of projects may include, but are not limited to, flood diversion and storage; pre- wildfire mitigation activities; stormwater management or flood control activities. Projects must also meet program requirements.

(20) "Project" means a development, planning or emergency project.

(21) "State revenue bond loan" means a loan funded in whole or part through the sale of state revenue bonds issued by the State of Oregon at the request of the department that are payable from specific revenue sources pledged by a municipality and are not a pledge of the full faith and credit of the State of Oregon.

Or. Admin. Code § 123-042-0020

ED 12-2000, f. 8-9-00, cert. ef. 8-14-00; EDD 7-2001(Temp), f. & cert. ef. 11-6-01 thru 3-29-02; EDD 4-2002, f. & cert. ef. 2-26-02; EDD 5-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04; EDD 18-2004, f. & cert. ef. 8-2-04; EDD 10-2006, f. & cert. ef. 11-1-06; EDD 13-2008(Temp), f. & cert. ef. 4-9-08 thru 10-5-08; EDD 31-2008, f. 10-2-08, cert. ef. 10-3-08; OBDD 41-2010, f. 11-30-10, cert. ef. 12-1-10; OBDD 9-2015(Temp), f. & cert. ef. 10-1-15 thru 3-27-16;OBDD 4-2016, f. & cert. ef. 2/29/2016; OBDD 8-2021, amend filed 12/17/2021, effective 12/17/2021

Statutory/Other Authority: ORS 285B.419 & 285A.075

Statutes/Other Implemented: ORS 285B.410 - 285B.482