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Oregon State Archives

Oregon Bulletin

December 1, 2011

Oregon Business Development Department
Chapter 123

Rule Caption: These rules relate to the Ports Planning and Marketing Fund.

Adm. Order No.: OBDD 5-2011

Filed with Sec. of State: 10-31-2011

Certified to be Effective: 11-1-11

Notice Publication Date: 10-1-2011

Rules Adopted: 123-025-0016

Rules Amended: 123-025-0010, 123-025-0012, 123-025-0015, 123-025-0017, 123-025-0021, 123-025-0025

Subject: This filing revises the Portland Planning and Marketing rules. The Ports Strategic Business Statewide Plan requirements have been moved to their own section (123-025-0016). The Oregon Business Development Commission adopted the Ports Statewide Strategic Business Plan in January 29, 2010. This new section describes what is expected of ports with regards to the plan and potential funding with the authority.

Other basic housekeeping changes were made.

Rules Coordinator: Mindee Sublette—(503) 986-0036

123-025-0010

Definitions

For the purposes of these rules additional definitions may be found in Procedural Rules, OAR 123-001. The following terms will have the following definitions, unless the context clearly indicates otherwise:

(1) “Fund” means Port Planning and Marketing Fund.

(2) “Peer Review Committee” means a committee of Oregon port representatives, as determined by the authority. The Peer Review Committee shall:

(a) Recommend standards and priorities for typical Port Planning and Marketing Fund projects;

(b) Review and evaluate Port Planning and Marketing Fund proposals submitted to the authority for possible funding; and

(3) “Project” means any activity that is eligible for assistance from the Port Planning and Marketing Fund.

Stat. Auth.: ORS 285A.075

Stats. Implemented: ORS 285A.654 - 285A.660

Hist.: EDD 8-1985(Temp), f. 10-22-85, ef. 11-1-85; EDD 5-1987, f. & ef. 10-9-87; EDD 6-1997, f. & cert. ef. 4-25-97; EDD 5-2001(Temp) f. & cert. ef. 7-13-01 thru 1-9-02; EDD 1-2002, f. & cert. ef. 1-30-02; EDD 4-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04; EDD 15-2004, f. & cert. ef. 8-2-04; EDD 13-2007(Temp), f. & cert. ef. 12-7-07 thru 6-1-08; EDD 17-2008, f. & cert. ef. 6-4-08; EDD 18-2009, f. 10-30-09, cert. ef. 11-1-09; OBDD 5-2011, f. 10-31-11, cert. ef. 11-1-11

123-025-0012

Annual Funding of Program

The authority will transfer up to 5.00% of the assets of the Port Revolving Fund, not to exceed the annual accrued net income from the Port Revolving Fund into the Port Planning and Marketing Fund annually as calculated on receipt of the Fund Audit each year.

Stat. Auth.: ORS 285A.075

Stats. Implemented: ORS 285A.654 - 285A.660

Hist.: EDD 4-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04; EDD 15-2004, f. & cert. ef. 8-2-04; EDD 13-2007(Temp), f. & cert. ef. 12-7-07 thru 6-1-08; EDD 17-2008, f. & cert. ef. 6-4-08; EDD 18-2009, f. 10-30-09, cert. ef. 11-1-09; OBDD 5-2011, f. 10-31-11, cert. ef. 11-1-11

123-025-0015

Project Eligibility and Criteria

A planning or marketing project that meets the following criteria is eligible for assistance from the fund:

(1) The project is necessary for improving a port’s capability to carry out its authorized functions and activities relating to trade and commerce;

(2) The project is feasible and will produce measurable results;

(3) The project will promote the long-term economic self-sufficiency of the port and will encourage cost-effective investments guided by prudent financial consideration and review;

(4) The project has a single focus and does not attempt to accomplish multiple disjointed or unrelated outcomes or tasks;

(5) The applicant has met the strategic planning requirements in 123-025-0016; and

(6) The project meets the standards and criteria as set by the authority and Peer Review Committee in this division of administrative rules.

Stat. Auth.: ORS 285A.075(5)

Stats. Implemented: ORS 285A.654 - 285A.660

Hist.: EDD 8-1985(Temp), f. 10-22-85, ef. 11-1-85; EDD 5-1987, f. & ef. 10-9-87; EDD 6-1997, f. & cert. ef. 4-25-97; EDD 5-2001(Temp) f. & cert. ef. 7-13-01 thru 1-9-02; EDD 1-2002, f. & cert. ef. 1-30-02; EDD 4-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04; EDD 15-2004, f. & cert. ef. 8-2-04; Suspended by EDD 13-2007(Temp), f. & cert. ef. 12-7-07 thru 6-1-08; EDD 17-2008, f. & cert. ef. 6-4-08; EDD 18-2009, f. 10-30-09, cert. ef. 11-1-09; OBDD 5-2011, f. 10-31-11, cert. ef. 11-1-11

123-025-0016

Strategic Business Plan Requirements

(1) Ports formed under ORS 777 shall develop and maintain strategic business plans before obtaining authority funding for other projects. This requirement will be phased in over several years. Ports must have a formally adopted strategic business plan that meets the standards and requirements of the authority identified in the Statewide Ports Strategic Business Plan.

(2) The Ports Statewide Strategic Business Plan was adopted by the Oregon Business Development Commission on January 29, 2010. Ports must have their plan in place within three years after the adoption of the Statewide Ports Strategic Business Plan in order to obtain financial assistance from the authority. The strategic business plans required under this rule shall be updated at least every ten years.

(3) Exceptions may be made by the Board for funding to Ports without a strategic business plan if:

(a) A concerted effort is made by the port to begin drafting a strategic business plan based on the department’s template that meets the requirements of the Statewide Ports Strategic Plan for adoption by the Board;

(b) During the phase in period of a project if the project complies with the recommendations of the Statewide Ports Strategic Plan;

(c) An extension of the three year deadline may be granted by the Board if a port is actively working to develop a department approved plan.

Stat. Auth.: ORS 285A.075

Stats. Implemented: ORS 285A.654 - 285A.660

Hist.: OBDD 5-2011, f. 10-31-11, cert. ef. 11-1-11

123-025-0017

Application Submittal, Review and Approval

(1) An eligible port may submit an application after consulting with the authority on a preliminary determination of eligibility and otherwise follow the authority’s s procedures for submitting applications. The application must be in the form provided by the Authority and must contain or be accompanied by such information as the authority may require. The authority will process only completed applications.

(2) Upon receipt of a signed application the authority will within 14 days notify the port as to the status of the application and advise the port of any missing materials or incomplete application detail.

(3) Upon receipt of a completed application the authority will apply the following criteria to determine the project’s eligibility:

(a) The project is cited in or conforms to a port’s adopted strategic business plan required under OAR 123-025-0016 and approved by the authority and the Peer Review Committee.

(b) The project is not an unnecessary duplication of marketing efforts among ports. However, it is recognized that regional or cooperative projects may require ports to simultaneously perform similar tasks;

(d) The project will not require or rely upon continuing subsidies from the authority or department;

(e) Financial need may be a consideration when reviewing a project proposal for funding; and,

(f) The requirements set out in OAR 123-025 are met. Should cite where these requirements are.

(4) Once an application is considered complete the authority will, within 60 days approve or reject the application.

Stat. Auth.: ORS 285A.075

Stats. Implemented: ORS 285A.654 - 285A.660

Hist.: EDD 1-2002, f. & cert. ef. 1-30-02; EDD 4-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04; EDD 15-2004, f. & cert. ef. 8-2-04; EDD 13-2007(Temp), f. & cert. ef. 12-7-07 thru 6-1-08; EDD 17-2008, f. & cert. ef. 6-4-08; EDD 18-2009, f. 10-30-09, cert. ef. 11-1-09; OBDD 5-2011, f. 10-31-11, cert. ef. 11-1-11

123-025-0021

Project Funding Priorities

(1) At the beginning of each state fiscal year the authority and the Ports will make reasonable efforts to identify and initiate high priority projects. Funding of up to 50% of that year’s transfer of funds will be reserved exclusively for high priority projects for the first four months of the state fiscal year, after which it will become available for any eligible project.

(2) Projects to develop or update the strategic business plans as required under OAR 123-025-0016, or port marketing or financial plans, undertaken before the provisions of ORS 123-025-0016, will be given the highest priority.

(3) Other high priority projects are:

(a) Regional or cooperative projects that benefit more than one port;

(b) Projects that leverage other marketing and development efforts by the state or other government units;

(c) Projects leading to economic diversification, development of a new or emerging industry or redevelopment of existing public facilities.

(d) Priority will be given for immediate job or revenue creation projects. Other opportunities not cited in a port’s adopted strategic business plan may be given priority, provided that the port consults with the authority and the Peer Review Committee and, if required to do so by the authority, the ruling body of the port acts to amend its strategic business plan.

Stat. Auth.: ORS 285A.075

Stats. Implemented: ORS 285A.654 - 285A.660

123-025-0025

Project Administration

(1) The authority and the port must execute a grant contract prior to disbursal of grant funds.

(2) Documentation of project costs incurred by a port must be submitted to the authority prior to disbursal of funds.

(3) Disbursal of grant funds to a port will not exceed one disbursal per month. Ten percent of the grant funds will be withheld until the Peer Review Committee reviews and recommends approval of the appropriate grant contract deliverables of the project.

(4) Upon request the port must provide the authority with a copy of documents, studies, reports, and materials developed during the project, including written report on activities or results of the project, or any other information that may reasonably be requested by the authority.

(5) Prior to final disbursement, the Peer Review Committee will review all documents produced as a result of the project. The committee will evaluate and make recommendations to the authority on value of resulting document(s) and how closely the project delivered the outcome anticipated in the application.

(6) Any monies disbursed but not used for an approved project, must be returned to the authority.

Stat. Auth.: ORS 285A.075

Stats. Implemented: ORS 285A.654 - 285A.660

Hist.: EDD 8-1985(Temp), f. 10-22-85, ef. 11-1-85; EDD 5-1987, f. & ef. 10-9-87; EDD 5-2001(Temp) f. & cert. ef. 7-13-01 thru 1-9-02; EDD 1-2002, f. & cert. ef. 1-30-02; EDD 4-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04; EDD 15-2004, f. & cert. ef. 8-2-04; EDD 5-2006, f. 10-30-06, cert. ef. 10-31-06; EDD 13-2007(Temp), f. & cert. ef. 12-7-07 thru 6-1-08; EDD 17-2008, f. & cert. ef. 6-4-08; EDD 18-2009, f. 10-30-09, cert. ef. 11-1-09; OBDD 5-2011, f. 10-31-11, cert. ef. 11-1-11

Rule Caption: The Water/Wastewater rules have been amended to reflect changes in the definitions and appeals and exceptions.

Adm. Order No.: OBDD 6-2011(Temp)

Filed with Sec. of State: 11-3-2011

Certified to be Effective: 11-3-11 thru 4-30-12

Notice Publication Date:

Rules Amended: 123-043-0010, 123-043-0025, 123-043-0115

Subject: The Water/Wastewater rules include updating the definition of “project” as well as adding language to the Appeals and Exceptions rule.

Rules Coordinator: Mindee Sublette—(503) 986-0036

123-043-0010

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, the following terms shall have the following meaning, unless the context clearly indicates otherwise:

(1) “DEQ” means the State of Oregon Department of Environmental Quality.

(2) “Facilities” means something that is built or installed to perform some particular function.

(3) “Fund” means the water fund created by ORS 285B.563.

(4) “Grant” means an award to a municipality of monies that can be used to reimburse eligible project costs. Grant funds are not required to be repaid when contract conditions are met.

(5) “Non-compliance” means the municipality has received a notice of non-compliance with:

(a) Drinking water quality standards administered by the Oregon Department of Human Services Public Health Services Drinking Water Program; or

(b) Water quality statutes, rules, orders, or permits administered by DEQ or the Environmental Quality Commission.

(6) “Project” means only a project for constructing or improving a drinking water system, or a project for constructing or improving a system for waste water collection or treatment, including storm drainage systems as defined in ORS 285B.560(4) and (5).

(7) “System” means the interconnected facilities that are required or useful for performing the required function.

(8) “Technical Assistance” means preliminary engineering or planning; legal, financial, and economic investigations, reports and studies to determine the feasibility of a project. Technical Assistance also means required Water Master Plans or Wastewater Facility Studies needed to allow communities to properly plan for the future.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 285B.563 & 285A.075

Stats. Implemented: ORS 285B.560 - 285B.599

Hist.: EDD 10-1993(Temp), f. & cert. ef. 10-4-93; EDD 7-1994, f. & cert. ef. 4-7-94; EDD 7-2002, f. & cert. ef. 4-26-02; EDD 11-2006, f. & cert. ef. 11-3-06; EDD 14-2008(Temp), f. & cert. ef. 4-9-08 thru 10-5-08; EDD 32-2008, f. 10-2-08, cert. ef. 10-3-08; EDD 25-2009, f. 11-30-09, cert. ef. 12-1-09; OBDD 2-2010(Temp), f. & cert. ef. 1-14-10 thru 7-13-10; Administrative correction 7-27-10; OBDD 6-2011(Temp), f. & cert. ef. 11-3-11 thru 4-30-12

123-043-0025

Ineligible Project Costs

Expenses and costs expressly allowed by OAR 123-043-0015 are eligible for reimbursement from the fund. All other costs, including but not limited to those listed below, are ineligible for reimbursement:

(1) Costs incurred for facilities that are or will be privately owned.

(2) Cost of purchase of general purpose motor vehicles and other equipment not directly related to the project.

(3) Cost of purchase of off-site property for uses not directly related to the project.

(4) Project operating or maintenance expenses.

Stat. Auth.: ORS 285B.563 & 285A.075

Stats. Implemented: ORS 285B.560 - 285B.599

Hist.: EDD 7-2002, f. & cert. ef. 4-26-02; EDD 11-2006, f. & cert. ef. 11-3-06; EDD 25-2009, f. 11-30-09, cert. ef. 12-1-09; OBDD 2-2010(Temp), f. & cert. ef. 1-14-10 thru 7-13-10; Administrative correction 7-27-10; OBDD 42-2010, f. 11-30-10, cert. ef. 12-1-10; OBDD 6-2011(Temp), f. & cert. ef. 11-3-11 thru 4-30-12

123-043-0115

Appeals and Exceptions

(1) Appeals of decisions made by the municipality regarding a project must be made at the local level in accordance with the requirements and procedures of the municipality.

(2) The director or the director’s designee will consider appeals of the Authority’s funding decisions. Only the municipality may appeal. Appeals must be submitted in writing to the director within 30 days of the event or action that is being appealed. A project that would have been funded but for a technical error in the Authority’s review of the application, as determined by the director, will be funded as soon as sufficient moneys become available in the fund, provided the project is still viable. The director’s or the director’s designee decision is final.

(3) The director or the director’s designee may waive any non-statutory requirements of OAR chapter 123, division 43, if it is demonstrated such a waiver will further the goals and objectives of the program.

Stat. Auth.: ORS 285B.563 & 285A.075

Stats. Implemented: ORS 285B.560 - 285B.599

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.