Or. Admin. R. 123-130-0060

Current through Register Vol. 63, No. 8, August 1, 2024

Section 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 make an application completion determination if such a waiver would serve to further the goals and objectives of the Fund and would not violate any statutory requirements.

(3) Sites or projects that have undertaken previous environmental actions, or that are subject to voluntary agreements, Consent Judgments, or other orders with a governmental agency, shall be eligible for consideration for loan Funds.

(4) The Department may request additional information about the project that is not listed in this Division if necessary to facilitate application processing.

(5) When evaluating an application, the Department shall consider the following:

(a) The extent to which real or perceived contamination complicates expansion or redevelopment of the site.

(b) The degree to which redevelopment of the site provides opportunity for achieving protection of human health or the environment by mitigating, reducing or eliminating contamination at the site or for contributing to the economic health and diversity of the area.

(c) The probability of the success of the intended use, or the degree to which redevelopment of the site advances the policy objectives in this Division.

(6) Department approval of an application may contain conditions which will become part of the financing contract.

(7) The Department will conduct a financial review on complete applications in accordance with prudent lending practices, including ability to service debt in the event of a forgivable condition default that would require a forgivable loan to be repaid. The Department may require that conditions of a loan award include collateral or other security such as requiring a co-signer or guarantor or other conditions to mitigate credit deficiencies.

(8) An Applicant may apply for a forgivable loan enhancement for public electric vehicle charging stations in accordance with ORS 285A.194(3)(a).

(a) The application must demonstrate that:

(A) The project will result in new publicly accessible charging stations for electric vehicles placed into operation immediately after completion.

(B) The brownfield is in a city, county, or census tract as determined by the Department and identified as having a need for additional charging stations in the Transportation Electrification Infrastructure Needs Analysis (TEINA) conducted by the Oregon Department of Transportation.

(b) For purposes of loan forgiveness, The Department will accept for forgiveness documentation that the new charging station has been reported to the U.S. Department of Energy for inclusion in the Alternative Fuels Data Center.

(9) The Applicant may apply for a forgivable loan enhancement for affordable housing in accordance with ORS 285A.194(3)(b).

(a) The applicant must show the following:

(A) The project will result in new affordable housing units.

(B) The number of new affordable housing units resulting from the project totals 4 or 20% of all dwelling units constructed, whichever is greater.

(b) For purposes of loan forgiveness, The Department will accept for forgiveness documentation that the site owner has recorded an enforceable deed restriction in favor of the local jurisdiction limiting use to ensure affordable housing units remain in use for at least 30 consecutive years after completion.

(10) The applicant may apply for a forgivable loan enhancement in rural, distressed, or high poverty areas in accordance with ORS 285A.194(3)(c). The applicant must show one of the following:

(a) The project is in a census tract with 20% or more residents below the federal poverty line as determined under 42 U.S.C. 9902, in effect on December 31, 2020, or as amended from time to time; or

(b) The brownfield is located in a rural area; or

(c) The brownfield is located in a distressed area.

(11) An applicant may apply for a forgivable loan enhancement for natural areas or public parks in accordance with ORS 285A.194(3)(d). The applicant must show that the project will result in at least 50% of the brownfield being permanently dedicated for use as a natural area; or public park. The Department will accept for forgiveness documentation that the site owner has recorded an enforceable deed restriction in favor of the state or local jurisdiction limiting use to ensure the natural area or public park remains in use in perpetuity.

(12) The applicant may apply for a forgivable loan enhancement for unmet health care needs in accordance with ORS 285A.194(3)(e). The applicant must show that:

(a) The project will result in a hospital or community health care facilities; and

(b) The brownfield is located in an area designated as having unmet health care need as documented in the most recent unmet need designation report by the Office of Rural Health.

(13) The applicant may apply for a forgivable loan enhancement for wildfire in accordance with ORS 285A.194(3)(f). The applicant must show that the brownfield became a brownfield as a direct result of wildfire.

(14) The Department may request additional information from the applicant to facilitate a funding decision

Or. Admin. R. 123-130-0060

OBDD 7-2022, temporary adopt filed 11/03/2022, effective 11/3/2022 through 5/1/2023; OBDD 5-2023, adopt filed 01/26/2023, effective 1/26/2023

Statutory/Other Authority: ORS 285A.075 & ORS 285A.193 - 285A.198

Statutes/Other Implemented: ORS 285A.193 - 285A.198 & 42 U.S.C. 9902