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The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
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OREGON BUSINESS DEVELOPMENT DEPARTMENT

 

DIVISION 98

INDUSTRIAL SITE READINESS ASSESSMENT PROGRAM

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.

Stat Auth: ORS 285A.075, 285B.635-285B.642
Stats. Implemented: ORS 285B.635-285B.642
Hist.: OBDD 8-2014, f. 4-30-14, cert. ef. 5-1-14

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, businesses or nongovernmental organizations that hold clear and lawful title to RSIS property, even if not owning it outright, and subject to the department’s acceptance, it may mean a private developer with total and direct legal authority for the improvement and disposition of the property from the actual private owner.

(2) “Public entity” as used in ORS 285B.626(5)(b), means a government or agency of a:

(a) Local service district under ORS 174.116(2) that has a general and abiding interest in the re/development of land within its territory for industrial use and employment, such as a port, airport or county service district; or

(b) City, county or federally recognized Indian Tribe in Oregon, but excluding organizations under ORS chapter 190.

(3) “Public owner,” as used in ORS 285B.626(5)(a), means any Tribe, local government or local service district in Oregon that owns all of the Regionally Significant Industrial Site (RSIS).

(4) “Development agreement” means an agreement between the private owner and the public entity, defining the project(s), requirements, and responsibilities to develop the project to “market ready”.

(5) “Due diligence assessment” means an assessment of the actions, costs and time frames involved in bringing regionally significant industrial sites to market-ready status.

(6) “RSIA” means a Regionally Significant Industrial Area designated as such by:

(a) The Economic Recovery Review Council under ORS 197.723, as described in or proposed for OAR 966; or

(b) The Metro Council for regulation under Title 4 of Metro’s Urban Growth Management Functional Plan, Metro Code Chapter 3.07.

(7) “Regionally Significant Industrial Site” (RSIS) means a site as defined under ORS 285B.626(6), that has been certified per OAR 123-097-0500, and for which all or portions of the property belong to the sponsor as a public owner or to one or more private owners, with whom the sponsor has entered into agreement.

(8) “Regional Solutions Team” means interagency teams established by the Governor for defined regions within the state comprised of representative from each of the Department of Environmental Quality (DEQ), the Department of Land Conservation and Development (DLCD), the Department of Transportation (ODOT), the Department of Housing and Community Services (OHCS), and the Business Development Department (OBDD). The teams are led by a Regional Coordinator who represents the Governor as a catalyst for action in each region.

(9) “Regional industrial land inventory” means an inventory of regionally significant industrial sites in a region that identifies development-related constraints and opportunities to develop the regionally significant industrial sites and that rates the sites based on market readiness.

(10) “Willing Property Owner” means a public or private property owner that is committed to bringing a RSIS to market-readiness and pursuing development of the site for industrial use.

(11) “Market-ready” means that a RSIS has been issued all appropriate and necessary development permits.

Stat Auth: ORS 285A.075, 285B.626, 285B.635 - 285B.642
Stats. Implemented: ORS 285B.636
Hist.: OBDD 8-2014, f. 4-30-14, cert. ef. 5-1-14

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, Lower Umpqua and Siuslaw Indians, the Confederated Tribes of Grand Ronde, the Confederated Tribes of Siletz Indians, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, the Coquille Indian Tribe, the Cow Creek Band of Umpqua Tribe of Indians and the Klamath Tribes.

(2) The Cascades West Economic Development District, serving Benton, Lane, Lincoln and Linn

(3) The Columbia-Pacific Economic Development District, serving Clatsop, Columbia and Tillamook Counties and western Washington County.

(4) The CCD Business Development Corporation, serving Coos, Curry and Douglas Counties.

(5) The Greater Eastern Oregon Development Corporation, serving Gilliam, Grant, Morrow, Umatilla, Wheeler, Harney and Malheur Counties.

(6) The Central Oregon Intergovernmental Council, serving Crook, Deschutes and Jefferson Counties.

(7) The Mid-Columbia Economic Development District, serving Hood River, Wasco and Sherman Counties.

(8) The Mid-Willamette Valley Council of Governments, serving Marion, Polk and Yamhill Counties.

(9) The South Central Oregon Economic Development District, serving Lake and Klamath Counties.

(10) The Northeast Oregon Economic Development District serving Baker, Union and Wallowa Counties.

(11) Southern Oregon Regional Economic Development, Inc., serving Jackson and Josephine Counties.

(12) Greater Portland, Inc., Portland-Vancouver Economic Development District, serving Multnomah, Clackamas and Washington Counties.

Stat Auth: ORS 285A.075, 285B.635-285B.642
Stats. Implemented: ORS 285B.635-285B.642
Hist.: OBDD 8-2014, f. 4-30-14, cert. ef. 5-1-14

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 respect to RSIS, to perform due diligence assessments, define development-related constraints and create detailed development plans to move the site(s) toward a state of market-readiness.

(2) Regionally significant industrial sites (RSIS) include;

(a) Sites identified within designated Regional Significant Industrial Areas (RSIA); or

(b) Sites considered and designated by the Department from nominations by Public Entity. Nominations may be submitted at any time, considered in order received, within the following criteria and requirements:

(A) Contains site or sites, including brownfields and “Decision Ready” sites, that are suitable for the location of new industrial uses or the expansion of existing industrial uses and can provide significant additional employment in the region;

(B) Has site characteristics that give the area significant competitive advantages that are difficult or impossible to replicate in the region;

(C) Has superior access to transportation and freight infrastructure, including but not limited to rail, port, airport, multimodal freight or transshipment facilities and other major transportation facilities or routes;

(D) Public Entity has entered into Development Agreement with the property owner (public or private);

(E) Property is available for sale or lease, and listed on Oregon’s site selection service;

(F) Specifically identified in the Regional Solutions Team project list or priorities; and

(G) The nomination request will be considered by Department staff and Regional Solutions Team, who will complete a staff report and respond to Public Entity with written decision within 45 days of receipt of the nomination.

(3) Grant awards will based on the following factors:

(a) Availability of appropriated funds;

(b) Total program not to exceed 80 percent of annual allocation;

(c) Public Entity grant not to exceed the lesser of $100,000 per site or amount established in annual program guidelines;

(d) Assessments and development plans that contribute towards “Certified Industrial Site” designation;

(e) Receipt of complete application form provided by Department that includes at a minimum: Public Entity applicant information, copy of property listing, map of proposed RSIS, sponsor agreements, scope of work and budget estimate, consultation with Regional Solution Team(s), and contact information; and

(f) Department reserves the right to prioritize sites and assessments proposed in the application to meet fund limitations and State or Regional priorities.

Stat Auth: ORS 285A.075, 285B.635-285B.642
Stats. Implemented: ORS 285B.635-285B.642
Hist.: OBDD 8-2014, f. 4-30-14, cert. ef. 5-1-14

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 market-ready status of industrial sites, to: Economic Development Districts as defined in 123-098-0030 that are committed and have the ability to perform regional industrial land inventories for a specific region and/or prioritize regionally significant industrial sites in a region for due diligence assessment and site preparation costs.

(2) Grant awards will be based on the following factors:

(a) Availability of appropriated funds;

(b) Total not to exceed 20 percent of annual program allocation;

(c) Individual Economic Development District grant not to exceed the lesser of $50,000 or amount established in annual program guidelines;

(d) Receipt of complete application form provided by Department that includes at a minimum: Public Entity applicant information, list of existing relevant studies, scope of work and budget estimate, participating Public Entities, cooperating agreements, budget and in-kind match, public involvement and support, consultation with Regional Solution Team(s), and contact information; and

(e) Department reserves the right to modify scope and assessments proposed in the application to meet fund limitations and State or Regional priorities.

(3) Matching fund requirement to be set by the Department in annual application guidelines.

Stat Auth: ORS 285A.075, 285B.635-285B.642
Stats. Implemented: ORS 285B.635-285B.642
Hist.: OBDD 8-2014, f. 4-30-14, cert. ef. 5-1-14

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.

Stat Auth: ORS 285A.075, 285B.635-285B.642
Stats. Implemented: ORS 285B.635-285B.642
Hist.: OBDD 8-2014, f. 4-30-14, cert. ef. 5-1-14

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 Department within 60 days following the end of the Fiscal Year.

Stat Auth: ORS 285A.075, 285B.635-285B.642
Stats. Implemented: ORS 285B.635-285B.642
Hist.: OBDD 8-2014, f. 4-30-14, cert. ef. 5-1-14

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Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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