74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Note: For budget, see 2007-2009 Biennial Budget
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 9036
House Bill 5036
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Budget and Management
Division, Oregon Department of Administrative Services)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Increases amount of lottery bonds authorized to be issued by
Economic and Community Development Department.
Increases amount of lottery bonds authorized to be issued by
Department of Higher Education for deferred maintenance projects.
Authorizes issuance of lottery bonds for Department of Higher
Education capital renewal, code compliance and safety projects.
Establishes Department of Higher Education Capital Renewal, Code
Compliance and Safety Projects Fund. Appropriates moneys from
fund to department for capital renewal, code compliance and
safety projects.
Authorizes issuance of lottery bonds for Housing and Community
Services Department for development of housing for populations at
risk of homelessness. Establishes Housing and Community Services
Department Self-Sufficiency Housing Fund. Appropriates moneys
from fund to department for purpose of providing housing to
at-risk populations.
Authorizes use of lottery bonds for specified Department of
Higher Education capital construction projects. Establishes
related funds and accounts.
Declares emergency, effective July 1, 2007.
A BILL FOR AN ACT
Relating to lottery bonds; creating new provisions; amending ORS
285B.551 and section 2, chapter 788, Oregon Laws 2005;
appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 285B.551 is amended to read:
285B.551. (1) Pursuant to ORS 286.560 to 286.580, lottery bonds
may be issued:
(a) To provide financial and other assistance, including but
not limited to loans and grants, to municipalities, ports and
other persons and entities in accordance with the laws governing
use of moneys in the Special Public Works Fund created by ORS
285B.455, the Water Fund created by ORS 285B.563, the Safe
Drinking Water Revolving Loan Fund created by ORS 285A.213, the
Oregon Port Revolving Fund created by ORS 285A.708, the
Brownfields Redevelopment Fund created by ORS 285A.188, the
Oregon Business Development Fund created by ORS 285B.092 and the
Marine Navigation Improvement Fund created by ORS 777.267.
(b) To fund Oregon's share of the costs of the Columbia River
channel deepening project.
(c) To fund Oregon's share of the costs of studies and
ecosystem restoration projects in the lower Columbia River
estuary designed to improve habitat for listed endangered or
threatened species of Columbia River anadromous salmonids.
(2) The use of lottery bond proceeds is authorized based on the
following findings:
(a) The financial and other assistance to municipalities, ports
and other persons and entities will assist in the establishment
and expansion of businesses in Oregon and in the construction,
improvement and expansion of infrastructure, community and port
facilities and other facilities that comprise the physical
foundation for industrial and commercial activity and provide the
basic framework for continued and expanded economic opportunities
and quality communities throughout Oregon.
(b) The Columbia River channel deepening project is necessary
to allow newer, larger steamships access to Oregon and Washington
deep draft ports. A deeper shipping channel will allow the
Columbia River to continue as a world leader in agricultural
exports and as a key trade corridor for farms and businesses
throughout Oregon and the region.
(c) Such financial and other assistance to municipalities,
ports and other persons and entities and the deepening of the
Columbia River channel will therefore promote economic
development within this state, and thus the use of net proceeds
derived from the operation of the Oregon State Lottery to pay
debt service on lottery bonds issued under this section to
provide such financial and other assistance to municipalities,
ports and other persons and entities and to pay a portion of the
costs of deepening the Columbia River channel is an authorized
use of state lottery funds under section 4, Article XV of the
Oregon Constitution, and ORS 461.510.
(d) The current lower Columbia River estuary habitat for listed
endangered or threatened species of Columbia River anadromous
salmonids could be improved through ecosystem restoration
projects. The use of the Oregon State Lottery to pay debt service
on lottery bonds issued under this section to pay for studying
how the estuary could be improved and to pay for ecosystem
restoration projects are authorized uses of state lottery funds.
(3) The aggregate principal amount of lottery bonds issued
pursuant to subsection (1)(a) of this section for financial and
other assistance to municipalities, ports and other persons and
entities may not exceed the sum of { - $227.27 - }
{ + $327.27 + } million and an additional amount estimated by
the State Treasurer to be necessary to pay bond-related costs.
The aggregate principal amount of lottery bonds issued pursuant
to subsection (1)(b) of this section for the Columbia River
channel deepening project may not exceed the sum of $17.7 million
and an additional amount estimated by the State Treasurer to be
necessary to pay bond-related costs. Lottery bonds issued
pursuant to this section may be issued only at the request of the
Director of the Economic and Community Development Department.
The director may not request the issuance of lottery bonds
pursuant to subsection (1)(b) of this section until a final
environmental impact statement has been issued and a record of
decisions has been submitted to Congress by the United States
Army Corps of Engineers, Congress has authorized the Columbia
River channel deepening project, and the Washington sponsors'
shares of the costs of the Columbia River channel deepening
project have been committed.
(4) The net proceeds of lottery bonds issued pursuant to
subsection (1)(a) and (b) of this section shall be deposited in
the Economic Infrastructure Project Fund, which is hereby
established in the State Treasury separate and distinct from the
General Fund. All moneys in the Economic Infrastructure Project
Fund are continuously appropriated to the Economic and Community
Development Department for any purpose for which moneys in the
Special Public Works Fund created by ORS 285B.455 may be used,
any purpose for which moneys in the Water Fund created by ORS
285B.563 may be used, any purpose for which moneys in the Safe
Drinking Water Revolving Loan Fund created by ORS 285A.213 may be
used, any purpose for which moneys in the Oregon Port Revolving
Fund created by ORS 285A.708 may be used, any purpose for which
moneys in the Brownfields Redevelopment Fund created by ORS
285A.188 may be used, any purpose for which moneys in the Oregon
Business Development Fund created by ORS 285B.092 may be used and
any purpose for which moneys in the Marine Navigation Improvement
Fund created by ORS 777.267 may be used. The Director of the
Economic and Community Development Department shall allocate the
moneys deposited in the Economic Infrastructure Project Fund for
the purposes described in this subsection in accordance with the
policies developed by the Oregon Economic and Community
Development Commission in accordance with ORS 285A.045. However,
the director shall transfer from the Economic Infrastructure
Project Fund and deposit into the Channel Deepening Account of
the Marine Navigation Improvement Fund the proceeds of any
lottery bonds sold to finance a portion of the costs of the
Columbia River channel deepening project. Upon determining the
relative allocation of moneys deposited in the Economic
Infrastructure Project Fund among the purposes described in this
subsection, the director shall transfer from the Economic
Infrastructure Project Fund, and deposit into each of the other
funds described in this subsection, the amounts so allocated.
Notwithstanding any other provision of law governing the funds
described in this subsection, the funds described in this
subsection may be credited with moneys transferred from the
Economic Infrastructure Project Fund by the director in
accordance with this subsection.
(5) The aggregate principal amount of lottery bonds issued
pursuant to subsection (1)(c) of this section for the costs of
studies and ecosystem restoration projects in the lower Columbia
River estuary may not exceed the sum of $750,000 and an
additional amount estimated by the State Treasurer to be
necessary to pay bond-related costs. The net proceeds of lottery
bonds issued pursuant to subsection (1)(c) of this section shall
be deposited in the Oregon Community Development Fund created by
ORS 285A.227 and may be used only for the Oregon nonfederal share
of United States Army Corps of Engineers Columbia River estuary
projects authorized by Congress prior to August 9, 2001. The
director may not request the issuance of lottery bonds pursuant
to subsection (1)(c) of this section until Congress and
Washington have authorized their respective shares of the costs
of the studies and ecosystem restoration projects in the lower
Columbia River estuary.
(6) The proceeds of lottery bonds issued pursuant to this
section may be used only for the purposes set forth in this
section and for bond-related costs.
SECTION 2. Section 2, chapter 788, Oregon Laws 2005, is amended
to read:
{ + Sec. 2. + } (1) Pursuant to ORS 286.560 to 286.580,
lottery bonds may be issued by the Department of Higher Education
for deferred maintenance projects.
(2) The use of lottery bond proceeds is authorized based on the
following findings:
(a) Major subsystems within university buildings are wearing
out and must be replaced in order that universities have adequate
facilities for teaching.
(b) Having safe and fully functioning university facilities is
essential to Oregon's healthy economic growth.
(3) The aggregate principal amount of lottery bonds issued
pursuant to subsection (1) of this section by the Department of
Higher Education for deferred maintenance projects may not exceed
the amount of { - $19.43 - } { + $69.085 + } million and an
additional amount estimated by the State Treasurer to be
necessary to pay bond-related costs as defined in ORS 286.560.
SECTION 3. { + (1) Pursuant to ORS 286.560 to 286.580, lottery
bonds may be issued for the Housing and Community Services
Department to provide housing for populations at risk of
homelessness through facilitating development, including funding
construction, renovation and supportive services, of housing
units.
(2) The use of lottery bond proceeds is authorized based on the
following findings:
(a) Individuals who are at risk of homelessness increase their
potential for self-sufficiency, and use proportionately fewer
community-funded resources when they are provided a stable
housing environment including appropriate services.
(b) Having housing for at-risk populations is essential to
Oregon's healthy economic growth.
(3) The aggregate principal amount of lottery bonds issued
pursuant to subsection (1) of this section by the Housing and
Community Services Department may not exceed the amount of $16
million and an additional amount estimated by the State Treasurer
to be necessary to pay bond-related costs as defined in ORS
286.560. + }
SECTION 4. { + (1) The Housing and Community Services
Department Self-Sufficiency Housing Fund is established separate
and distinct from the General Fund. Interest earned by the
Housing and Community Services Department Self-Sufficiency
Housing Fund shall be credited to the fund.
(2) Net proceeds of lottery bonds issued pursuant to section 3
of this 2007 Act shall be deposited into the Housing and
Community Services Department Self-Sufficiency Housing Fund.
Moneys in the fund are continuously appropriated to the Housing
and Community Services Department for providing housing to
populations at risk of homelessness. + }
SECTION 5. { + (1) Pursuant to ORS 286.560 to 286.580, lottery
bonds may be issued for the Department of Higher Education to
fund projects for:
(a) A regional information center at Eastern Oregon University;
(b) Deferred maintenance and seismic upgrades at Inlow Hall at
Eastern Oregon University, Nash Hall at Oregon State University,
Lincoln Hall and Science Building II at Portland State
University, Fenton Hall at the University of Oregon and the
Humanities and Social Sciences facility at Western Oregon
University;
(c) Sustainable energy projects involving geothermal electrical
generation at the Oregon Institute of Technology, a biofuels
laboratory and learning center, the National Wave Energy Research
Center and a wind farm project at Oregon State University, and
solar power at the University of Oregon, Portland State
University and regional campuses;
(d) Expansion and remodeling of the Theatre Arts facility at
Southern Oregon University;
(e) Construction of the ORBIS Cascade Alliance Regional Library
Services Center;
(f) Construction of a business, math and computer science
facility at Western Oregon University; and
(g) Capital renewal, code compliance and safety projects at all
state university campuses.
(2) The use of lottery bonds proceeds is authorized based on
the following findings:
(a) A regional information center at Eastern Oregon University
will support increased enrollment at the Eastern Oregon
University campus and expanded distance learning opportunities
throughout the state, creating jobs and economic activity in La
Grande and other areas of Oregon.
(b) Major subsystems within university buildings are wearing
out and must be replaced in order for universities to have
adequate facilities for teaching. Having safe and fully
functioning facilities is essential to Oregon's healthy economic
growth.
(c) Diversifying Oregon's energy resources by bringing
home-grown sources of clean power online will strengthen the
economy and expand the state's industrial base. A growing
infrastructure of renewable energy production and technology will
bring good jobs and economic benefits to rural economies and
large population centers. Oregon's universities have the research
capacity to develop and demonstrate renewable energy
technologies.
(d) Expansion and remodeling of the Theatre Arts facility at
Southern Oregon University will attract faculty and students to
the university and create jobs and substantial economic activity
for the Ashland area.
(e) Construction of a regional library services center that
will house 2,000,000 volumes for use by universities throughout
Oregon and Washington will create jobs and substantial economic
activity for the Eugene area.
(f) Development of new facilities for the business, math and
computer sciences programs at Western Oregon University will
attract faculty and students to the university and create jobs
and substantial economic activity for the Monmouth area.
(g) Funding for current capital renewal and repair, code
compliance, Americans with Disabilities Act requirements and
safety-related projects is needed to keep the backlog of deferred
maintenance projects from growing. Having safe and fully
functioning facilities is essential to Oregon's healthy economic
growth.
(3) The aggregate principal amount of lottery bonds issued
pursuant to this section may not exceed the sum of $174,905,000
and an additional amount estimated by the State Treasurer to be
necessary to pay bond-related costs as defined in ORS 286.560.
Lottery bonds issued pursuant to this section shall be issued
only at the request of the Chancellor of the Oregon University
System.
(4)(a)(A) The Eastern Oregon University Regional Information
Center Project Fund is established separate and distinct from the
General Fund. Interest earned by the Eastern Oregon University
Regional Information Center Project Fund shall be credited to the
fund.
(B) Of the net proceeds of lottery bonds issued pursuant to
this section, an amount not to exceed $17,900,000 shall be
deposited in the Eastern Oregon University Regional Information
Center Project Fund. Moneys in the fund are continuously
appropriated to the Department of Higher Education for the
Eastern Oregon Regional Information Center project.
(b) Of the net proceeds of lottery bonds issued pursuant to
this section, an amount not to exceed $49,655,000 shall be
deposited in the Department of Higher Education Deferred
Maintenance Project Fund established by section 3, chapter 788,
Oregon Laws 2005.
(c)(A) The Department of Higher Education Renewable Energy
Demonstration Projects Fund is established separate and distinct
from the General Fund. Interest earned by the Department of
Higher Education Renewable Energy Demonstration Projects Fund
shall be credited to the fund.
(B) Of the net proceeds of lottery bonds issued pursuant to
this section, an amount not to exceed $10,000,000 shall be
deposited in the Department of Higher Education Renewable Energy
Demonstration Projects Fund.
(d)(A) The Southern Oregon University Theatre Arts Expansion
and Remodel Project Fund is established separate and distinct
from the General Fund. Interest earned by the Southern Oregon
University Theatre Arts Expansion and Remodel Project Fund shall
be credited to the fund.
(B) Of the net proceeds of lottery bonds issued pursuant to
this section, an amount not to exceed $4,350,000 shall be
deposited in the Southern Oregon University Theatre Arts
Expansion and Remodel Project Fund.
(e)(A) The Department of Higher Education ORBIS Cascade
Alliance Regional Library Services Center Project Fund is
established separate and distinct from the General Fund. Interest
earned by the Department of Higher Education ORBIS Cascade
Alliance Regional Library Services Center Project Fund shall be
credited to the fund.
(B) Of the net proceeds of lottery bonds issued pursuant to
this section, an amount not to exceed $4,600,000 shall be
deposited in the Department of Higher Education ORBIS Cascade
Alliance Regional Library Services Center Project Fund.
(f)(A) The Western Oregon University Business, Math and
Computer Science Construction Fund is established separate and
distinct from the General Fund. Interest earned by Western Oregon
University Business, Math and Computer Science Construction Fund
shall be credited to the fund.
(B) Of the net proceeds of lottery bonds issued pursuant to
this section, an amount not to exceed $3,000,000 shall be
deposited to the Western Oregon University Business, Math and
Computer Science Construction Fund.
(C) Of the net lottery bonds issued pursuant to this section,
an amount not to exceed $5,000,000 shall be deposited to the
Western Oregon University Business, Math and Computer Science
Facility Project Account established in section 10, chapter __ ,
Oregon Laws 2007 (Senate Bill 5516).
(g)(A) The Department of Higher Education Capital Renewal, Code
Compliance and Safety Projects Fund is established separate and
distinct from the General Fund. Interest earned by the Department
of Higher Education Capital Renewal, Code Compliance and Safety
Projects Fund shall be credited to the fund.
(B) Of the net proceeds of lottery bonds issued pursuant to
this section, an amount not to exceed $80,400,000 shall be
deposited in the Department of Higher Education Capital Renewal,
Code Compliance and Safety Projects Fund. + }
SECTION 6. { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect July 1,
2007. + }
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