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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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