Rulemaking

Adopted rule 

Rule Coordinator: Lee Ann Lawrence​​, 503-229-5622

On Nov. 3, 2017, the Environmental Quality Commission adopted amendments to some of the rules governing the Clean Water State Revolving Fund. The changes clarify language, expand opportunities for communities to benefit from the fund and ensure that the program will continue in perpetuity.
  
Specifically, the following changes were made to OAR 340, division 54:
 
  • Amend Oregon’s Clean Water State Revolving Fund rules to align with amendments to federal law that:
    • Expand eligible land purchase costs for treatment works construction projects
    • Define eligible recipients for additional subsidization
    • Incorporate federal regulation requirements for procuring architectural and engineering contracts.

  • Amend rules to ensure the fund’s perpetuity through fiscal and programmatic effectiveness by: 

    • Increasing the extension period for applicants to remain on the program’s Intended Use Plan 
    • Establishing criteria for refinancing and restructuring loans 
    • Extending the timeframe for a borrower to request its first loan disbursement 
      Requiring a 30-day prepayment notification from borrowers that intend to prepay a loan
    • Offering eligible borrowers an alternate subsidy that is equivalent to principal forgiveness
    • Creating a principal forgiveness calculation for eligible green projects based on the cost of the green project components
    • Clarifying and simplifying rule language to comply with plain language requirements
       
  • Remove bond purchase language that expired Feb. 1, 2016.                           

The proposed updates were first reviewed by the Clean Water State Revolving Fund Advisory Committee. The committee was formed in 2011 to addresses program issues and provides input to DEQ for rulemaking.  Committee members represent organizations with an interest in public water quality financing and water quality improvement projects. They represent local governments, water districts, wastewater treatment facilities, environmental advocacy, the energy and sustainability and financial sectors, federal and state agencies, public utilities, and local conservation districts.

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​Meetings schedule

The public may attend advisory committee meetings but the committee has discretion whether to permit public participation. The public will have a full opportunity to comment on the proposed rule changes during the public comment period later in the rulemaking process.
 
Meetings are 1:30 p.m. to 4 p.m.

Past Meetings

 

Meeting 2 – March 8, 2017

Portland State Office Building (PSOB)
 

Meeting 1 - Feb. 8, 2017

DEQ Headquarters

Handout A  |  Handout B  |  Handout C  |  Handout D  |  Handout E


 

​Public involvement

View comments

Public comment period closed on 4 p.m. Friday, Aug. 25, 2017. 

 

View the Public Notice Packet 

Includes invitation to comment, notice, proposed rules, and any supporting documents 

EQC action

The EQC adopted the proposed rules on Nov. 3, 2017.