Oregon Records Management Solution
Knudsen comments July 7
MessageFrom: KNUDSEN Larry
Sent: Tuesday, July 07,
2009 2:34 PM
To: MCALLISTER Larry
Subject: RE: SRF concurrence
review
Larry, In the last couple of weeks, I learned about some potential legal
challenges to the implementation program. These potential challenges highlight
two areas in the rules that should be clarified. They are the authority to use
the so-called bypass procedures and the authority to award lesser amounts than
the maximum established by the rule. One way to address these issues would be
changes in Rule 0106. I have also suggested a couple of other minor
modifications for clarification. The language proposed below need not be used,
but we should do something to address the issues:
(1) Funds will be offered to an applicant on the project priority list in rank
order, subject to eligibility. A project is not eligible unless environmental
review, including any required notice and opportunity for public comment, has
been completed at the time the department issues the final intended use plan.
(2) The department will determine the amount of funding to be provided to an
applicant, but the amount of any initial loan may not exceed $ 5 million per
applicant, [Or is this intended to be per project?] except as provided in
Section (3) below.
(3) If there are no applicants on the project priority list currently eligible
for a loan of ARRA funds, a borrower that has received partial funding under the
Act may be allocated additional funding. The department may allocate the
remaining funds to a borrower based on rank order not to exceed 25 percent [of
the existing loan?] or $2 million, whichever is greater. If funds still remain
after reallocation, the balance of any remaining funds must be allocated to
existing borrowers in rank order. [Note: This assumes the projects and rank
order are frozen as of the date the initial IUP. Is that correct?]
(4) The funds of projects not able to meet the loan agreement, including the
requirement to be under construction or contract by February 17, 2010, will be
recovered from those projects and be provided as an increase to other Act funded
projects. This transfer of funds will occur by December 31, 2009 and will be
offered to partially funded projects in rank order. [Note: this is broader now
and would include any basis for ineligibility.]
Larry, we should check with Judy to make sure that these proposed changes don't
have unanticipated consequences. LK
-----Original Message-----
From: MCALLISTER Larry
Sent: Monday, July 06, 2009 5:30 PM
To: BELYEA David; VERNON Pat
Cc: KNUDSEN Larry; MCALLISTER Larry
Subject: SRF concurrence review
Dave, Pat and Larry K.
Thanks for your quick responses last week to the draft review. Your edits
have been incorporated for the most part into the attached documents.
I am not able to show all the specific changes to these documents since your
earlier edits, but I have highlighted the areas that have received some
revision.
I ask that you take one last look at these documents and provide any final
edits to me by mid-day Friday, July 10. The final notice package is scheduled
to go to Neil on Monday July 13.
I have also attached a concurrence review form, I would appreciate you
�signing� this form and returning it with your edits. Thanks to the three of
you for your time and review.
Larry
503 229-6412
<<rulemakingannouncement-concur.docx>>
<<NoticeWithHearing-occurence.doc>> <<LandUseEvalStmt-concurrence.doc>>
<<Relationship to Federal Requirements-concur.doc>>
<<StmtNeedFiscal-concurrence .doc>> <<proposed rules-occurrence.docx>>
<<Concurrence review form.docx>>
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