Current through Register Vol. 63, No. 12, December 1, 2024
(1) To be eligible for DEQ approval as a
community climate investment entity, an entity must demonstrate that it:
(a) Is authorized to do business in Oregon,
and that it is exempt from federal taxation according to Section 501(c)(3) of
the U.S. Internal Revenue Code,
26 U.S.C. §
501(c)(3);
(b) Has the capacity to administer and spend
CCI funds to carry out eligible projects as specified in OAR
340-273-0900(2);
(c) Has or will
have staff capable of conducting work associated with being a CCI entity
according to this division;
(d) Has
or will have staff or subcontractors capable of implementing eligible projects
throughout Oregon; and
(e) Is not a
covered entity or a related entity of a covered entity.
(2) An eligible entity described in section
(1) may apply to be approved as a CCI entity to implement eligible projects
directly or by agreement with one or more subcontractors, or both.
Subcontractors are not CCI entities, and do not need to meet the eligibility
requirements of section (1). However, a CCI entity may not use CCI funds to pay
a subcontractor that is a covered entity or a related entity of a covered
entity.
(3) An entity that seeks
approval as a CCI entity must submit an application to DEQ, in a format
approved by DEQ that includes the following:
(a) Information about the entity, including:
(A) Name, full mailing address, and website
address;
(B) Contact person's
information including name, title or position, phone number, and email
address;
(C) Information to
describe how the entity meets the eligibility criteria in section
(1);
(D) A copy of the entity's
current articles of incorporation and bylaws, and a description of the mission
of the entity and how being a CCI entity supports the mission;
(E) A description of the experience and
expertise of key individuals, who would be working to implement eligible
projects with CCI funds or assigned work associated with the requirements of a
CCI entity described in OAR 340-273-0930;
(F) A description of experience implementing
or supporting implementation of eligible projects or project types, including
projects or project types that reduce anthropogenic greenhouse gas emissions in
the transportation, residential, industrial and commercial sectors particularly
in environmental justice communities in Oregon. This may include the experience
of the key individuals described in paragraph (E) whether or not that prior
experience occurred while working with the entity;
(G) Information regarding any violation by
the entity related to federal or state laws, including labor laws, within the
preceding five years;
(H) The
entity's IRS Form 990 for each of the three most recent years, if available;
and
(I) Proof that the IRS has
certified the entity as qualifying as an exempt organization according to
Section 501(c)(3) of the U.S. Internal Revenue Code,
26 U.S.C. §
501(c)(3);
(b) Information about each known or planned
subcontractors, as available, including:
(A)
Name, full mailing address, and website address;
(B) Contact person's contact information
including name, title or position, phone number, and email address;
(C) Confirmation that the subcontractor is
not a covered entity or any of its related entities;
(D) If applicable, a description of the
mission of the subcontractor and how being a subcontractor of a CCI entity
supports the mission;
(E) A
description of the experience and expertise of key individuals who would be
working to implement eligible projects with CCI funds;
(F) A description of the subcontractor's
prior experience implementing or supporting implementation of eligible
projects, including projects or project types that reduce anthropogenic
greenhouse gas emissions in the transportation, residential, industrial, and
commercial sectors, and a description of prior experience serving communities
in Oregon. This may include the experience of the key individuals described in
paragraph (E), whether or not that prior experience occurred while working with
the subcontractor; and
(G)
Information regarding any violation by the proposed subcontractor related to
federal or state laws, including labor laws, within the preceding five
years;
(c) Information
about how any subcontractor(s) may be selected during project implementation if
there are none listed in the application or if the entity expects to select one
or more additional subcontractors during project implementation;
(d) If known, a general description of either
or both of the following:
(A) Anticipated
eligible project(s) or project type(s) that support the purposes of CCIs
described in OAR 340-273-0900(1) and that are eligible projects as defined in
OAR 340-273-0900(2) that the entity plans to implement if approved as a CCI
entity; and
(B) The communities in
Oregon that are anticipated to benefit if the entity is approved as a CCI
entity;
(e) Description
of the administrative processes and financial controls the entity will use to
ensure all CCI funds are held separately from the entity's other funds. This
must detail how the entity will manage and invest funds in a manner consistent
with ORS 128.318(2), (3), and (5)(a) through
(f); and
(f) The following attestation, signed by the
entity's contact person:
I certify under penalty of perjury under the laws of
the State of Oregon that to the best of my knowledge and belief the information
in this application is true, accurate, and complete. [Entity] seeks to become a
community climate investment entity and, if approved, will comply with the
applicable requirements in Oregon Administrative Rules chapter 340, division
273.
Statutes/Other Implemented: ORS
468.020,
468A.025,
468A.040,
468.035,
468A.010,
468A.015 &
468A.045
