Current through Register Vol. 63, No. 9, September 1, 2024
(1) As an overall requirement, all RSIS
preparation activities and costs must be incurred in compliance with all
applicable laws and regulations, including but not limited to prevailing wage
rates, public procurement laws, land use laws, local development regulations,
and municipal audit and budgeting procedures; as well as applicable contracts
and regulatory agreements, for example, a brownfields remediation
plan.
(2) The Department will
transfer funds under a tax reimbursement agreement for costs incurred by and
billed to the Sponsor and as reimbursement for costs already paid. All
reporting of RSIS preparation activities and costs to the Department must be
accompanied by written evidence of materials and labor furnished or work
performed, itemized receipts or invoices for payment, and releases,
satisfactions or other signed statements or forms as the Department may
require.
(3) ELIGIBLE COSTS. The
costs of goods, materials, services including planning and engineering
services, construction, permits and fees, and use rights for all following
activities necessary and reasonably related to preparing a RSIS are eligible
costs:
Assembly and consolidation of parcels comprising the RSIS,
including real property activities such as surveying, real estate, legal,
title, insurance, lot adjustment acquisition or sale of parcels, easements, or
rights of way.
(b) Making the ground
suitable for new construction or reconstruction including but not limited to
the demolition and removal of existing buildings and structures, clearing
brush, disposal of materials, geotechnical testing, pilings, drainage,
drilling, blasting, fill, or grading.
(c) Electricity, natural gas or
telecommunications services that are located on or near and directly serve the
RSIS and are necessary and reasonable for operations on the site, and to the
extent they can be allocated to the site.
(d) Water, sanitary sewer or storm sewer
services that directly serve the RSIS.
(e) Transportation improvements of all kinds
that directly serve the RSIS.
(f)
Development fees imposed by another government, such as systems development
charges.
(g) Environmental
activities to remediate, remove, protect, preserve or mitigate: natural
resources, archaeological and cultural resources, or environmental concerns or
hazards; including purchase of off-site wetland mitigation credits.
(h) Financing costs, including interest, fees
and associated expenses.
(i) Other
activities and costs determined by the Department to be necessary and
reasonably related to preparing a RSIS, and to the extent they can be allocated
to the site.
(4)
INELIGIBLE COSTS. Notwithstanding section (3) of this rule, the following
activities and costs are not eligible costs:
(a) Costs already paid or under agreement to
be paid from a source other than the Sponsor's funds.
(b) Costs of vehicles or equipment or labor
not directly related to the RSIS.
(c) Operation or maintenance of
infrastructure and facilities.
(d)
Penalties or fines.
(e) Costs
related to site preparation activities for an employer that arise after that
employer begins operations.
(f)
Costs related to any pre-existing employers operating on the site prior to site
designation and Sponsor certification.
(g) Environmental remediation activities at a
RSIS listed or proposed to be listed under CERCLA (42 U.S.C.
9605) if any of the Sponsor, private owner,
or eligible employer are liable under CERCLA for that RSIS.
(h) Construction, repair, remediation or
improvements to buildings, fixtures and furnishings.
(i) Administration and management costs of
the Sponsor or private owners.
(j)
Costs not described in an approved Sponsor application; see
123-097-1000
(2)(c).
Statutory/Other Authority: ORS
285A.075 &
285B.627(7) &
(10)
Statutes/Other Implemented: ORS
285B.625,
285B.626 &
285B.627
