ORS 285A.193
Definitions


As used in ORS 285A.193 (Definitions) to 285A.198 (Oregon Brownfield Properties Revitalization Fund), unless the context requires otherwise:

(1)

“Affordable housing” means:

(a)

Rental housing that is occupied by households with incomes equal to or less than 60 percent of the median income for the county or the state, whichever is higher, adjusted for family size; or

(b)

Owner-occupied housing occupied by households earning not more than the area median income, adjusted for family size.

(2)

“Brownfield” has the meaning given that term in ORS 285A.185 (Brownfields redevelopment).

(3)

Intentionally left blank —Ed.

(a)

“Eligible costs” includes:

(A)

Remedial action costs, including costs for a site evaluation, a preliminary assessment, a confirmation of release or a remedial investigation that is performed by a geologist or professional engineer without the oversight or approval of the Department of Environmental Quality; and

(B)

If required by a government agency to implement a removal or remedial action, the costs of:
(i)
Demolishing existing improvements on a brownfield;
(ii)
Abating the release of hazardous substances within existing improvements on a brownfield;
(iii)
Constructing new improvements on a brownfield for the purpose of containing hazardous substances or limiting exposure to the release of hazardous substances; and
(iv)
Managing, handling, removing, treating and disposing of solid waste, environmental media and building materials containing hazardous substances in the course of redeveloping a brownfield.

(b)

“Eligible costs” does not include:

(A)

Costs funded by any state or federal grants for environmental site investigation or remedial action that are awarded for the same property;

(B)

The cost of remedial action conducted at a site that is listed or proposed to be listed as a national priority pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605) and for which the owner or operator is liable under 42 U.S.C. 9607;

(C)

Tax credits, insurance proceeds or amounts received as the result of a legal settlement agreement; or

(D)

Costs that the owner or operator would have incurred if the property were not a brownfield.

(4)

“Forgivable loan” includes additional loans made for enhancements listed in ORS 285A.194 (Forgivable loan program for removal and remedial costs at brownfields) (3).

(5)

Intentionally left blank —Ed.

(a)

“Owner or operator” means any person who owns, leases, operates, controls or exercises significant control over the operation of a brownfield.

(b)

“Owner or operator” does not include a person who, without participating in the management of a brownfield, holds indicia of ownership primarily to protect a security interest in a property.

(6)

“Release,” “remedial action,” “remedial action costs” and “removal” have the meanings given those terms in ORS 465.200 (Definitions for ORS 465.200 to 465.545). [2021 c.529 §2]

Source: Section 285A.193 — Definitions, 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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