Title 197 · ORS Chapter 197

271.795. �� (2) A conservation easement under this section shall be recorded with the property records of the tract on which the destination resort is sited. [1993 c.590 �5] COMMUNITY GREEN IN

Citation: ORS 271.795

Section: 271.795

271.795.

�� (2) A conservation easement under this section shall be recorded with the property records of the tract on which the destination resort is sited. [1993 c.590 �5]

COMMUNITY GREEN INFRASTRUCTURE GRANT PROGRAM

�� 197.468 Purpose. The Legislative Assembly finds and declares that:

�� (1) The purpose of community green infrastructure projects and green infrastructure economic development projects is to provide direct social, environmental and economic benefits to communities across this state through green infrastructure.

�� (2) The social, environmental and economic benefits of green infrastructure to communities include, but are not limited to:

�� (a) Climate change mitigation, adaptation and resilience;

�� (b) Stormwater management;

�� (c) Air temperature regulation;

�� (d) Air quality benefits;

�� (e) Noise abatement;

�� (f) Energy savings;

�� (g) Economic development opportunities;

�� (h) Public or community health benefits;

�� (i) Support for community food pathways through regenerative agriculture;

�� (j) Water quality improvements, including temperature regulation;

�� (k) Water conservation;

�� (L) Erosion control;

�� (m) Park and open space benefits;

�� (n) Urban forest benefits;

�� (o) Restoration of floodplain functions;

�� (p) Restored or expanded wetlands and riparian areas;

�� (q) Habitat improvements;

�� (r) Aquifer recharge that does not include an extractive or consumptive use of the aquifer;

�� (s) Stream flow augmentation;

�� (t) Carbon sequestration;

�� (u) Community livability;

�� (v) Local jobs; and

�� (w) The use of plants and food in maintaining social and environmental identity and lifeways. [2023 c.442 �22]

�� Note: 197.468 to 197.472 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 197 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 197.469 Definitions for ORS 197.468 to 197.472. As used in ORS 197.468 to 197.472:

�� (1) �Community green infrastructure project� means a green infrastructure project that provides social, environmental or economic benefits to a particular community and is developed through a collaborative process that helps to define those benefits.

�� (2) �Environmental justice community� has the meaning given that term in ORS 182.535.

�� (3) �Green communities nursery� means an Oregon nursery certified by the State Department of Agriculture under ORS 571.252.

�� (4) �Green infrastructure� means:

�� (a) Green infrastructure as defined in ORS 550.160; or

�� (b) Infrastructure that:

�� (A) Mimics natural systems, or enables natural systems to be less stressed through water conservation, water protection or ecosystem restoration, at the neighborhood or site scale as part of an integrated approach in residential, municipal or industrial developments or water infrastructure; and

�� (B) Implements community-based concepts, principles and practices to conserve and manage resources for future generations, sequester carbon and provide environmental and social benefits.

�� (5) �Green infrastructure economic development project� means a community green infrastructure project that employs members of a community that benefits from the community green infrastructure project in the development, construction, planting or maintenance of the project.

�� (6) �Green infrastructure improvement zone� means an area designated by the State Forestry Department under ORS 526.520.

�� (7) �Green infrastructure master plan� means a long-term plan developed by a public body or tribal government that involves the creation, protection or enhancement of green infrastructure, including but not limited to:

�� (a) An urban forestry plan;

�� (b) A storm water management plan; and

�� (c) A plan to establish parks or other public green spaces.

�� (8) �Indian tribe� means a federally recognized Indian tribe in Oregon.

�� (9) �Native plant nursery� means an Oregon nursery that specializes in plants native to Oregon.

�� (10) �Native seed bank� means a store of seeds from native plants that helps to:

�� (a) Preserve genetic diversity in those plant species to increase plant yield and health, including disease resistance and drought tolerance;

�� (b) Hold seeds and plants for the restorative health of a community; or

�� (c) Support the replanting of post-fire successional plants.

�� (11) �Oregon nursery� means:

�� (a) A person that holds a license required by ORS 571.055 issued by the State Department of Agriculture; or

�� (b) A nursery operated by an Indian tribe, an entity wholly owned by an Indian tribe or an enrolled member of an Indian tribe and operated on the tribe�s reservation or trust land.

�� (12) �Public body� has the meaning given that term in ORS 174.109. [2023 c.442 �23]

�� Note: See note under 197.468.

�� 197.470 Grant program; support by intergovernmental agreements. (1) The Community Green Infrastructure Grant Program is established as a program administered by the Department of Land Conservation and Development for the purpose of awarding grants for:

�� (a) Offsetting the cost of planning and developing community green infrastructure projects or green infrastructure economic development projects;

�� (b) Developing or supporting native seed banks or native plant nurseries; or

�� (c) Supporting and implementing green infrastructure master plans.

�� (2) The Department of Land Conservation and Development may enter into intergovernmental agreements under ORS chapter 190 with the Oregon Health Authority, the Oregon Business Development Department, the Bureau of Labor and Industries, the State Department of Agriculture, the Oregon Watershed Enhancement Board, the Department of Environmental Quality, the State Parks and Recreation Department or an Indian tribe for the purposes of assistance with:

�� (a) The design and implementation of the Community Green Infrastructure Grant Program;

�� (b) Readiness to acquire and administer federal funding related to green infrastructure projects; or

�� (c) Technical advice or feedback on the grant review process established under this section.

�� (3) The Department of Land Conservation and Development shall enter into an intergovernmental agreement under ORS chapter 190 with the State Forestry Department for the purposes of assistance with:

�� (a) The design and implementation of the Community Green Infrastructure Grant Program;

�� (b) Readiness to acquire and administer federal funding related to green infrastructure projects; and

�� (c) Technical advice or feedback on the grant review process established under this section.

�� (4) The Department of Land Conservation and Development shall enter into an intergovernmental agreement under ORS chapter 190 with the Department of Transportation for the purposes of assistance with:

�� (a) Technical advice regarding state transportation facilities and rights of way as they relate to the design and implementation of the Community Green Infrastructure Grant Program;

�� (b) Readiness to acquire and administer federal funding related to green infrastructure projects; and

�� (c) Technical advice or feedback on the grant review process established under this section.

�� (5)(a) A public body, a local workforce development board as defined in ORS 660.300, a manufactured dwelling park nonprofit cooperative as defined in ORS 62.803, an Indian tribe, a watershed council as defined in ORS 541.890, a nonprofit organization or a faith-based organization may apply for a grant under this section for the purpose of planning or developing a community green infrastructure project or a green infrastructure economic development project.

�� (b) An applicant for a grant for a community green infrastructure project or a green infrastructure economic development project may partner with a state agency, a private business with a business site in this state or an owner of rental property in this state.

�� (c) A grant for an approved application for a community green infrastructure project or a green infrastructure economic development project will be awarded and released only to an applicant described in paragraph (a) of this subsection.

�� (d)(A) An application for a community green infrastructure project or a green infrastructure economic development project must be drafted in consultation with the government of the city or county in which the project will be located and with the electric and water utilities in whose service territory the project will be located.

�� (B) An application must include documentation of the consultations described in this paragraph and demonstrate that feedback received as a result of consultation was incorporated into the application materials. If the application does not incorporate feedback from a consulted party into the application, the applicant must provide an explanation of why the feedback was not incorporated or provide a statement that no feedback was received from that party.

�� (6)(a) An application for a grant under this section shall be in the form and manner prescribed by the Department of Land Conservation and Development.

�� (b) An application for a grant to plan or develop a community green infrastructure project or a green infrastructure economic development project must demonstrate that the project:

�� (A) Is located in this state;

�� (B) Provides social, environmental or economic benefits to an environmental justice community;

�� (C) Except for projects developed by an Indian tribe, has been or will be developed in coordination with an environmental justice community that will benefit from the completion of the project; and

�� (D) Has a plan for the maintenance of the project for at least three years or has requested technical assistance for maintenance planning.

�� (c) An application for a grant for a native seed bank or native plant nursery must demonstrate that the applicant qualifies as a native seed bank or a native plant nursery.

�� (d) An application for a grant for a green infrastructure master plan must demonstrate how the long-term plan of the public body or tribal government involves the creation, protection or enhancement of green infrastructure.

�� (7) Upon receipt of an application submitted under this section, the Department of Land Conservation and Development shall review the application and determine whether the applicant is eligible to receive a grant from the Community Green Infrastructure Grant Program. The department may award grants based on the prioritizations established under subsection (8) of this section. If the department denies a grant application, the department shall provide the reason for the denial in writing.

�� (8) In awarding grants under the Community Green Infrastructure Grant Program, the Department of Land Conservation and Development may give priority to projects:

�� (a) Involving large, low-maintenance, storm- and drought-resistant tree plantings;

�� (b) Involving plantings that include native plants or pollinator-friendly species;

�� (c) Involving tree plantings at or near school campuses, affordable housing, senior housing, manufactured dwelling parks, recreational vehicle parks or public rights of way;

�� (d) That strengthen communities and fight displacement;

�� (e) That develop innovative solutions for using urban woody biomass;

�� (f) That are carried out by a city that has adopted a plan to increase urban tree canopy cover and has entered into a long-term agreement with an Oregon nursery to supply trees needed to carry out the plan; or

�� (g) That utilize a community�s cultural practices to educate, and conserve and manage resources for, future generations.

�� (9) To the maximum extent possible, community green infrastructure projects and green infrastructure economic development projects shall:

�� (a) Minimize the vehicle miles traveled associated with all plant and tree stocks utilized in the project;

�� (b) Include partnerships with green communities nurseries or nurseries defined in ORS