71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 2768
LC 208/HB 2768-3
HOUSE AMENDMENTS TO
HOUSE BILL 2768
By COMMITTEE ON ADVANCING E-GOVERNMENT
May 2
On page 1 of the printed bill, line 2, after ' infrastructure'
insert '; creating new provisions; and amending ORS 285B.410,
285B.413 and 285B.428'.
Delete lines 4 through 27 and delete pages 2 through 5 and
insert:
' { + SECTION 1. + } { + As used in sections 1 to 5 of this
2001 Act:
' (1) 'Eligible project' means a revenue producing project for
the planning, acquisition, construction, reconstruction,
improvement or expansion of telecommunications infrastructure
that is determined to be eligible for financing with the proceeds
of revenue bonds issued under section 2 of this 2001 Act.
' (2) 'Revenue bonds' has the meaning given that term in ORS
288.805.
' (3) 'Telecommunications infrastructure' means real and
personal property, structures or equipment constructed, used or
configured for the electronic transmission or receipt of voice
data, text, images or video between sites and facilities. + }
' { + SECTION 2. + } { + (1) Notwithstanding any limitation
on indebtedness or borrowing under state law, the Economic and
Community Development Department may authorize and cause the
issuance of revenue bonds for the purpose of obtaining moneys to
finance or refinance loans for telecommunications infrastructure
projects.
' (2) The department is authorized to issue the revenue bonds
described in subsection (1) of this section in an aggregate
amount that does not exceed the sum of $200 million plus an
additional amount estimated by the State Treasurer to be
necessary to pay bond-related costs.
' (3) The department may issue refunding bonds under ORS
288.592 or advanced refunding bonds under ORS 288.605 to 288.695.
However, the total principal amount outstanding at any time may
not exceed the amount described in subsection (2) of this
section.
' (4) Revenue bonds authorized under this section shall be
issued in the manner provided in ORS 288.805 to 288.945.
' (5) The administrative expenses of the State Treasurer and
the department in issuing and managing the bonds shall be charged
against the proceeds of bonds issued under this section. + }
' { + SECTION 3. + } { + (1) Notwithstanding ORS 288.825, a
public body may pledge only the revenue from eligible projects or
moneys received under section 4 (3) of this 2001 Act as the
source for repayment of bonds issued under section 2 of this 2001
Act.
' (2) Bonds issued under section 2 of this 2001 Act may not be
payable from nor charged upon any moneys of the state, nor may
the state be subject to any liability for the bonds. A holder of
the bonds does not have the right to compel an exercise of the
taxing power of the state to pay the bonds or the interest on the
bonds, nor to enforce payment against any moneys or property of
the state. + }
' { + SECTION 4. + } { + The Economic and Community
Development Department:
' (1) Shall, by rule, establish standards for selecting
eligible projects.
' (2) May finance the costs of an eligible project by lending
bond proceeds to a person or a public body under terms and with
security approved by the State Treasurer.
' (3) May accept a loan or grant from an agency of the federal
government to be used for the planning, acquisition,
construction, reconstruction, improvement or expansion of an
eligible project.
' (4) May make contracts, execute instruments and do all things
necessary or convenient for the exercise of the authority granted
by this section and section 2 of this 2001 Act, for the
performance of its covenants and duties and to secure the payment
of the revenue bonds. + }
' { + SECTION 5. + } { + A public body may own an eligible
project. However, a public body may not operate the eligible
project. After obtaining a written commitment for a long-term
lease from a person, under terms and with security approved by
the State Treasurer, a public body may develop an eligible
project. However, once developed, an eligible project must be
operated under a lease that requires the lessee to pay:
' (1) Rents sufficient to make bond principal and interest
payments when due and in an amount subject to periodic
adjustment; and
' (2) All expenses of the operation and maintenance of the
eligible project, including property insurance made in favor of
the owner of the eligible project and insurance against liability
for injury to persons and property arising from operation and
maintenance of the eligible project. + }
' { + SECTION 6. + } { + In determining whether to approve
the issuance of bonds under section 2 of this 2001 Act, the State
Treasurer shall consider:
' (1) The condition of the bond market for the types of bonds
proposed to be issued;
' (2) The terms and conditions of the proposed issue; and
' (3) Any other factors necessary to protect the financial
integrity of the State of Oregon. + }
' { + SECTION 7. + } ORS 285B.413 is amended to read:
' 285B.413. (1) The Legislative Assembly finds that:
' (a) The improvement, expansion and new construction of the
state's sewage treatment works, water supply works,
roads { + , + } { - and - } public transportation { + and
telecommunications infrastructure + } provides the basic
framework for continuing and expanding economic activity in this
state, thereby providing jobs and economic opportunity for the
people of Oregon.
' (b) It is essential to maintain usable and developable
industrial and commercial lands in Oregon.
' (2) Since municipalities in this state often suffer from a
lack of available financing for such projects, it is the purpose
of ORS 285B.410 to 285B.479 to provide financial assistance in
order that they may construct, improve and repair those
facilities that are essential for supporting continuing and
expanded economic activity. It is the intent of the Legislative
Assembly, by providing that assistance, to stimulate industrial
growth and commercial enterprise and to promote employment
opportunities in Oregon.
' (3) The money in the Special Public Works Fund shall be used
primarily to provide loans to municipalities for infrastructure
projects. Grants shall be given only when loans are not feasible
due to the economic need of the applicant municipality and
special circumstances of the project. The Director of the
Economic and Community Development Department is authorized to
determine the level of grant or loan funding, if any, on a
case-by-case basis.
' { + SECTION 8. + } ORS 285B.410 is amended to read:
' 285B.410. As used in ORS 285B.410 to 285B.479, unless the
context requires otherwise:
' (1) 'Municipality' means a city, a county, a port
incorporated under ORS 777.010 and 777.050, the Port of Portland
created by ORS 778.010, a metropolitan service district organized
under ORS chapter 268, a domestic water supply district organized
under ORS chapter 264, a water authority or sanitary authority
organized under ORS 450.600 to 450.989, a water improvement
district organized under ORS chapter 552, a water control
district organized under ORS chapter 553, a sanitary district
organized under ORS 450.005 to 450.245, a county service district
organized under ORS chapter 451 or a tribal council of an Indian
tribe in this state.
' (2) 'Infrastructure project' means:
' (a) A project for the construction of sewage treatment works,
solid waste disposal sites, water supply works, roads, public
transportation, railroad industrial spurs or sidings { + ,
telecommunications infrastructure + }or other facilities that
comprise the physical foundation for industrial and commercial
activity. The costs of property acquisition directly related to
the infrastructure project and acquisition of easements or rights
of way necessary to accomplish construction of the infrastructure
project are eligible for assistance under ORS 285B.410 to
285B.479. The costs of activities related to performing an
environmental evaluation of a brownfield are eligible for
assistance under ORS 285B.416 (2) and 285B.455 (5). Purchases of
off-site property for project-related purposes such as wetland
mitigation or other uses not directly related to the
infrastructure are not eligible for assistance. As used in this
paragraph, 'brownfield' and 'environmental evaluation' have the
meanings given those terms respectively in ORS 285A.185 and
285A.188.
' (b) A project, in consultation with the Department of
Transportation and other affected agencies, for the acquisition,
reconstruction or rehabilitation of an abandoned railroad line or
railroad line that has been designated by the owner and operator
thereof as subject to abandonment within a three-year period
pursuant to federal law and regulations governing abandonment of
common carrier railroad lines. The project may include operation
or maintenance costs if the project also includes acquisition,
reconstruction or rehabilitation.
' (c) A safe drinking water project, in consultation with the
Water Resources Department, the Health Division of the Department
of Human Services or the Department of Land Conservation and
Development, for improving a drinking water system for the
purpose of achieving or maintaining compliance with applicable
state or federal drinking water quality regulations.
' (d) A project for the acquisition, construction or
development of community facilities, including the acquisition of
land, the construction, acquisition, renovation or reconstruction
of buildings, structures and other real property and the
acquisition or construction of related equipment and fixtures. '
Community facilities' includes facilities that are owned by a
municipality and are operated by either the municipality or a
person under a management contract or operating agreement with
the municipality.
' (3) 'Public transportation' includes public depots, public
parking, public docks, public wharves, railroads and airport
facilities.
' (4) 'Roads' includes:
' (a) Ways described as streets, highways, throughways or
alleys;
' (b) Road related structures that are in the right of way such
as tunnels, culverts or similar structures; and
' (c) Structures that provide for continuity of the right of
way such as bridges.
' (5) 'Sewage treatment works' includes all facilities
necessary for collecting, pumping, treating and disposing of
sanitary or storm sewage.
' (6) 'Solid waste disposal site' has the meaning given to the
term 'disposal site' by ORS 459.005.
' { + (7) 'Telecommunications infrastructure' means real and
personal property, structures or equipment constructed, used or
configured for the electronic transmission or receipt of voice
data, text, images or video between sites and facilities. + }
' { - (7) - } { + (8) + } 'Water supply works' includes all
facilities necessary for tapping natural sources of domestic and
industrial water, treating and protecting the quality of the
water and transmitting it to the point of sale to any public or
private agency for domestic, municipal and industrial water
supply service.
' { - (8) - } { + (9) + } 'Urban infrastructure projects'
includes all those projects located in whole or in part within
the acknowledged Portland Metropolitan Area Regional Urban Growth
Boundary, and the acknowledged urban growth boundaries of the
cities of Eugene, Springfield, Salem, Keizer or Medford or
projects that will principally benefit these areas. The Director
of the Economic and Community Development Department is
authorized to resolve situations left in question by this
definition.
' { - (9) - } { + (10) + } 'Nonurban infrastructure
projects' includes all those projects { - which - }
{ + that + } do not meet the definition of urban infrastructure
projects.
' { + SECTION 9. + } ORS 285B.428 is amended to read:
' 285B.428. (1) Any municipality may file an application with
the Economic and Community Development Department to obtain
financial assistance from the Special Public Works Fund. The
application shall be filed in such manner and contain or be
accompanied by such information as the department may require.
' (2) In addition to other requirements prescribed by the
department, an application filed under this section shall:
' (a) Describe the nature and purposes of the proposed
infrastructure project, including the need for the project and
the reasons why the project is in the public interest.
' (b) Set forth or be accompanied by a feasibility study of the
proposed infrastructure project and an estimate of the costs of
construction.
' (c) State whether any moneys other than those in the Special
Public Works Fund are proposed to be used for the infrastructure
project and whether any other moneys are available or have been
sought for the project.
' { + (d) If the financial assistance is to be used for an
infrastructure project for telecommunications infrastructure,
provide a resolution adopted by the governing body of the local
government after a public hearing that includes findings and
states that the proposed infrastructure project is necessary and
appropriate and would not otherwise be provided within a
reasonable time and for a reasonable cost by a for-profit
entity. + } ' .
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