Port Planning And Marketing Fund (United States)

Port Planning And Marketing Fund

Published: 2015

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The Oregon Administrative Rules contain OARs filed through November 15, 2015

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OREGON BUSINESS DEVELOPMENT DEPARTMENT

DIVISION 25
PORT PLANNING AND MARKETING FUND

123-025-0005
Purpose
The purpose of these rules is to provide procedures, standards and criteria for operation of the Port Planning and Marketing Fund program authorized by ORS 285A.654 through 285A.660.
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; Administrative correction 8-18-04
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
(c) Review and evaluate project
deliverables as described in the grant contract prior to disbursal of final payment.
(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;
(c) The project does not subsidize
regular port operating expenses;
(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

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
123-025-0023
Grant Awards and Match
(1) The maximum grant is $50,000 or 75% of the total project cost, whichever is less.
(2) Grants will be awarded only when there are sufficient funds available in the fund.
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
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. The final disbursement request
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; OBDD
2-2014, f. 2-28-14, cert. ef. 3-3-14
123-025-0030
Remedies
The authority may seek legal remedies against ports that fail to comply with the requirements governing the fund. Remedies will not be imposed by the authority until the port has been notified in writing of deficiencies and has been given a reasonable time to respond and correct the deficiencies noted.
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 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

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