(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.
(3)(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 (3).
(5)(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. [2021 c.529 §2]