Oregon Business Development Department
Chapter 123
Division 42
SPECIAL PUBLIC WORKS FUND PROGRAM
123-042-0061
Levee Project Eligibility, Criteria and Funding
(1) The Authority may provide financial assistance in the form of loans and grants for a levee project to:
(a) A municipality, including drainage districts organized under ORS Chapter 547;
(b) Corporations or companies for drainage or flood control organized under ORS Chapter 554;
(c) For-profit or nonprofit entities and individuals engaged in the ownership, construction, inspection, accreditation, certification or repair of levees.
(2) A levee project as defined in 123-042-0020(14) must meet all of the following criteria to be eligible for assistance from the fund:
(a) The project, as determined by the Authority, will substantially contribute to the improvement, expansion or repair of the state’s or municipality’s infrastructure system; and,
(b) The project is essential for the continued use or development of farm, industrial, or commercial land in Oregon.
(3) The following applies to loans for levee projects:
(a) The maximum loan amount cannot exceed $2,500,000;
(b) A principal only, zero percent (0%) interest rate loan of up to $1,000,000 may be awarded for each levee certification project area. The zero percent loan cannot exceed 50 percent (50%) of the total loan amount from the Special Public Works Fund;
(c) The Authority cannot commit more than $4,000,000 for zero percent (0%) interest rate loans for levee projects in a biennium.
(4) The following applies to grants for levee projects:
(a) Grants for planning projects are limited to a maximum of $2,000,000 per applicant per biennium.
(b) Grants for construction or capital improvement projects may not exceed an amount equal to 80 percent (80%) of the total cost of the project;
(c) A grant may not be awarded from the fund unless the applicant pledges matching funds to the project of at least 20 percent (20%) of the amount of the grant.
(d) At least 60 percent (60%) of the dollar value of grants awarded from the fund in any biennium shall be used to provide assistance with levee projects to rural or distressed areas as defined in ORS 285A.010.
(5) For awards made under this OAR 123-042-0061, allowable project costs are those set forth in OAR 123-042-0065.
Statutory/Other Authority: ORS 285B.410, 285B.419 & 285A.075
Statutes/Other Implemented: ORS 285B.410 - 285B.482
History:
OBDD 8-2021, amend filed 12/17/2021, effective 12/17/2021
OBDD 3-2017, temporary amend filed 11/16/2017, effective 11/16/2017 through 05/14/2018
OBDD 4-2016, f. & cert. ef. 2-29-16
OBDD 9-2015(Temp), f. & cert. ef. 10-1-15 thru 3-27-16