ORS 285A.188
Brownfields Redevelopment Fund

  • definitions
  • uses
  • priorities for loans and grants
  • eligibility
  • rules

(1)

As used in this section:

(a)

“Environmental action” means activities undertaken to:

(A)

Determine if a release has occurred or may occur, if the release or potential release poses a significant threat to human health or the environment or if additional remedial actions may be required at the site;

(B)

Conduct a remedial investigation and a feasibility study;

(C)

Plan for remedial action or removal action; or

(D)

Conduct a remedial action or removal action at a site.

(b)

“Facility,” “hazardous substance,” “release,” “remedial action” and “removal” have the meanings given those terms in ORS 465.200 (Definitions for ORS 465.200 to 465.545).

(c)

“Substantial public benefit” includes, but is not limited to:

(A)

The generation of funding or other resources facilitating substantial remedial action at a facility in accordance with this section;

(B)

A commitment to perform substantial remedial action at a facility in accordance with this section;

(C)

Productive reuse of a vacant or abandoned industrial or commercial facility; or

(D)

Development of a facility by a municipality or a nonprofit organization to address an important public purpose.

(2)

There is created within the State Treasury a revolving fund known as the Brownfields Redevelopment Fund, separate and distinct from the General Fund. Interest earned by the fund shall be credited to the fund. Moneys in the Brownfields Redevelopment Fund are continuously appropriated to the Oregon Business Development Department and shall be used to fund loans and grants for environmental actions on properties that are brownfields, as defined in ORS 285A.185 (Brownfields redevelopment).

(3)

Intentionally left blank —Ed.

(a)

Subject to paragraph (b) of this subsection, when making a loan or grant for an environmental action, the Oregon Business Development Department shall give priority to persons who, at the time of applying for the loan or grant, are not liable under ORS 465.255 (Strict liability for remedial action costs for injury or destruction of natural resource) for a release of a hazardous substance at the property at which the environmental action is to be conducted. No more than 60 percent of the total amount of the Brownfields Redevelopment Fund in any biennium shall be awarded to persons who are liable with respect to the subject property under ORS 465.255 (Strict liability for remedial action costs for injury or destruction of natural resource). A person is not eligible to receive a loan or grant from moneys in the Brownfields Redevelopment Fund if the person has knowingly violated applicable laws or regulations or has knowingly violated or failed to comply with an order of the Department of Environmental Quality, if such action or inaction has resulted in one or more of the following:

(A)

Contribution to or exacerbation of existing contamination at the facility;

(B)

Release of a hazardous substance at the facility; or

(C)

Interference with necessary investigation or remedial actions at the facility.

(b)

Notwithstanding paragraph (a) of this subsection:

(A)

When making a grant to a municipality, the Oregon Business Development Department shall give priority to municipalities that provide matching funds from a loan under this section, from another source or from both.

(B)

When making a grant to an entity that is not a municipality, the department shall require that:
(i)
The recipient is not liable for the subject property under ORS 465.255 (Strict liability for remedial action costs for injury or destruction of natural resource);
(ii)
The environmental action provides a substantial public benefit; and
(iii)
The recipient provides matching funds from a loan under this section, from another source or from both.

(c)

The department may establish by rule circumstances in which the department may waive or subsidize the interest on a short-term loan.

(4)

When making a loan or grant for an environmental action, the department shall consider:

(a)

The extent to which actual or perceived contamination prevents the property from being fully utilized;

(b)

The need for providing public assistance, after considering the difficulty of obtaining financing from other sources or of obtaining financing at reasonable rates and terms;

(c)

The degree to which redevelopment of the property provides opportunity for achieving protection of human health or the environment by reducing or eliminating the contamination of the property and for contributing to the economic health and diversity of the area;

(d)

The probability of the success of the intended use or the degree to which redevelopment of the property provides a public purpose following remediation of the property;

(e)

Compliance with the land use plan of the local government with jurisdiction over the property; and

(f)

Endorsement from the local government with jurisdiction over the property.

(5)

Before making a loan or grant decision pursuant to this section, the Oregon Business Development Department shall consult with the Department of Environmental Quality.

(6)

The Oregon Business Development Department may use a portion of the Brownfields Redevelopment Fund to:

(a)

Pay for administrative costs of environmental actions;

(b)

Pay for administrative costs associated with administering the program and fund; and

(c)

Satisfy contracts entered into as required to ensure that environmental reviews are conducted in a manner consistent with existing environmental cleanup laws and rules.

(7)

The department shall adopt rules necessary to carry out the requirements of this section. The department shall develop procedures to ensure that activities for which loans or grants are made are consistent with existing environmental cleanup laws and rules. [1997 c.738 §3; 2001 c.96 §2; 2005 c.81 §2; 2007 c.804 §11; 2009 c.830 §21]
Note: Section 2, chapter 671, Oregon Laws 2019, provides:
Sec. 2. (1) For the biennium beginning July 1, 2021, at the request of the Oregon Department of Administrative Services, after the department consults with the Oregon Business Development Department, the State Treasurer is authorized to issue lottery bonds pursuant to ORS 286A.560 (Definitions for ORS 286A.560 to 286A.585 and 327.700 to 327.711) to 286A.585 (Lottery bonds for community sports facilities) in an amount that produces $10 million in net proceeds for the purposes described in subsection (2) of this section, plus an additional amount estimated by the State Treasurer to be necessary to pay bond-related costs.

(2)

Net proceeds of lottery bonds issued under this section must be transferred to the Oregon Business Development Department for deposit in the Brownfields Redevelopment Fund established in ORS 285A.188 (Brownfields Redevelopment Fund) for the purposes described in ORS 285A.185 (Brownfields redevelopment) and 285A.188 (Brownfields Redevelopment Fund).

(3)

The Legislative Assembly finds that the use of lottery bond proceeds will create jobs, further economic development, finance public education or restore and protect parks, beaches, watersheds and native fish and wildlife, and is authorized based on the following findings:

(a)

Redevelopment of industrial-zoned brownfields improves the economy by returning the assessed value of the properties to the real market value for property taxation purposes; and

(b)

The projects made possible through increased funding to evaluate, clean up and redevelop brownfields properties create jobs and further economic development. [2019 c.671 §2; 2021 c.682 §2]

Source: Section 285A.188 — Brownfields Redevelopment Fund; definitions; uses; priorities for loans and grants; eligibility; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors285A.­html.

285A.010
Definitions for ORS 284.101 to 284.148 and ORS chapters 285A, 285B and 285C
285A.020
Legislative findings
285A.040
Oregon Business Development Commission
285A.045
Duties and functions of commission
285A.050
Biennial report
285A.055
Prerequisites for certain commission actions
285A.060
Advisory and technical committees
285A.070
Oregon Business Development Department
285A.075
Department duties
285A.080
Salaries and expenses of personnel
285A.083
Authority to require fingerprints for criminal records check
285A.091
Oregon Infrastructure Finance Authority Board
285A.093
Board duties
285A.096
Oregon Infrastructure Finance Authority
285A.098
Powers of Oregon Infrastructure Finance Authority
285A.101
Administrator
285A.103
Oregon Infrastructure Finance Fund
285A.106
Prohibited acts
285A.108
Rules
285A.116
Regions for job development
285A.143
Sister State Committee
285A.145
Sister State Committee authority
285A.148
Oregon-China Sister State Committee
285A.152
Oregon-China Sister State Committee authority
285A.154
Oregon Broadband Advisory Council
285A.157
Oregon Broadband Advisory Council Fund
285A.160
Biennial report
285A.166
Oregon Broadband Office
285A.185
Brownfields redevelopment
285A.188
Brownfields Redevelopment Fund
285A.190
Oregon Coalition Brownfields Cleanup Program
285A.192
Oregon Coalition Brownfields Cleanup Fund
285A.193
Definitions
285A.194
Forgivable loan program for removal and remedial costs at brownfields
285A.195
Application process
285A.196
Documentation required for forgiveness
285A.197
Rulemaking for administration of loan program
285A.198
Oregon Brownfield Properties Revitalization Fund
285A.200
Gifts
285A.206
Department to prepare financial statements
285A.213
Safe Drinking Water Revolving Loan Fund
285A.224
Business Retention Fund
285A.227
Oregon Business, Innovation and Trade Fund
285A.230
University Innovation Research Fund
285A.240
Legislative findings
285A.243
Compact
285A.300
Definition for ORS 285A.300 to 285A.312
285A.303
Findings
285A.306
Title I Bank Fund
285A.309
Use of funds
285A.312
Application of federal statutes
285A.325
Foreign trade zones
285A.328
Specific corporation authorized to maintain foreign trade zone
285A.340
Legislative findings
285A.346
Purchases of assistance services for small businesses
285A.349
Evaluation of effectiveness of assistance
285A.420
Legislative findings
285A.422
Definitions for ORS 285A.420 to 285A.435
285A.425
Beginning and Expanding Farmer Loan Program
285A.430
Revenue bonds to finance agricultural projects
285A.433
Authority of Oregon Business Development Department
285A.435
Beginning and Expanding Farmer Loan Program Fund
285A.510
Definitions for ORS 285A.510 to 285A.522
285A.513
Policy
285A.516
Agency to receive notice of plant closing or layoff
285A.519
Notice to employers of agency that receives closing or layoff notice
285A.522
Annual report of plant closings and layoffs
285A.600
Policy
285A.603
“Port” defined for ORS 285A.603 to 285A.627
285A.615
Provision of managerial assistance and technical services
285A.627
Authority as coordinating entity for port activities
285A.654
Port Planning and Marketing Fund
285A.657
Grants
285A.660
Funding priorities
285A.666
Definitions for ORS 285A.666 to 285A.732
285A.669
Application for project money
285A.672
Review of application
285A.675
Private contract for project not prohibited
285A.678
Qualifications for approval of project funding
285A.681
Loan from fund
285A.684
Payment from fund upon loan approval
285A.687
Filing of lien against port
285A.690
Powers to enforce loan agreement
285A.693
Sources of loan repayment moneys
285A.696
Duties of director
285A.699
Reimbursement to port revolving fund upon refinancing of project
285A.702
Funds for joint projects or match money
285A.705
Loan contract
285A.708
Oregon Port Revolving Fund
285A.709
Transfers to Port Planning and Marketing Fund
285A.711
Use of fund proceeds
285A.732
Short title
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