74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
HA to A-Eng. SB 350 (A to RC)
LC 333/SB 350-A6
HOUSE AMENDMENTS TO
A-ENGROSSED SENATE BILL 350
(INCLUDING AMENDMENTS TO RESOLVE CONFLICTS)
By JOINT COMMITTEE ON WAYS AND MEANS
June 25
On page 1 of the printed A-engrossed bill, line 16, after '
285B.755' insert 'and sections 97 and 97a, chapter ___, Oregon
Laws 2007 (Enrolled House Bill 3265)'.
On page 60, after line 32, insert:
'
{ + CONFLICT AMENDMENTS + }
' { + SECTION 87. + } { + Notwithstanding section 29,
chapter ___, Oregon Laws 2007 (Enrolled House Bill 2263)
(amending ORS 285A.090), if House Bill 2263 becomes law, ORS
285A.090 is repealed. + }
' { + SECTION 88. + } If House Bill 2263 becomes law, ORS
285A.020, as amended by section 2 of this 2007 Act, is amended to
read:
' 285A.020. (1) The Legislative Assembly finds that:
' (a) Oregon possesses many unique and sustaining virtues that
will guide and assist in maintaining the state's economic health,
including but not limited to Oregon's:
' (A) Special heritage;
' (B) Respect for and cultivation of the environment; and
' (C) Attention to quality of life issues that are important to
the state's economic development, including but not limited to
access to quality, affordable child care for all children in
Oregon.
' (b) Oregon is strategically placed to compete and succeed in
the global community.
' (c) All regions of the state should share in Oregon's
economic recovery.
' (d) Creating and retaining quality jobs is vital to the
state's continued economic development.
' (e) Oregon's agriculture and natural resource industries
provide opportunities for beneficial economic enterprise,
including sustainable economic development activities.
' (f) A well educated and trained workforce is necessary to
advance in today's global economy.
' (g) The ability of existing businesses to grow and prosper is
critical to Oregon's economy.
' (h) Utilizing the state's competitive advantages is essential
to retain existing businesses and attract new companies and
investment into the state.
' (i) Continued economic development depends on strengthening
traded sector industries.
' (j) International trade development and promotion is
invaluable for future economic development opportunities.
' (k) Small businesses remain a critical element of the state's
economic development, comprising more than 90 percent of Oregon's
businesses.
' (L) Capacity building in rural and distressed areas is a key
component of economic development and revitalization efforts.
' (m) Oregon's ports are important partners in the state's
economic development efforts and are key components of local and
state economic development strategies.
' (n) Improving and enhancing infrastructure is necessary to
the state's future economic development.
' (o) Federal, state and local agencies working together will
continue to enhance industrial site development and other
economic development activities.
' (p) The Economic and Community Development Department should
be encouraged to convene community development partners to
explore the prospect of making loans to private industrial
landowners from the Brownfields Redevelopment Fund for future
development opportunities.
' (2) It is the purpose of ORS chapters 285A, 285B and 285C to
advance Oregon's economy.
' (3) The Legislative Assembly declares that it is the
immediate economic strategy of the state to:
' (a) Promote a favorable investment climate to strengthen
businesses, create jobs and raise real wages;
' (b) Improve the national and global competitiveness of Oregon
companies; and
' (c) Assist Oregon communities in building capacity to retain,
expand and attract businesses.
' (4) To promote the advancement of the Oregon economy and
implement the immediate economic strategy of the state, the
Economic and Community Development Department shall invest
resources in accordance with the following principles:
' (a) Processes for making public investments and working with
local and regional issues must be designed for flexibility so
that actions can adapt to the constantly changing conditions and
demands under which communities and businesses operate.
' (b) Partnerships among local, state and federal governments
and public and private organizations and entities should be
strengthened to further the economic strategy of the state.
' (c) The expected impact of public investment and assistance
shall be identified, in terms of measurable outcomes, whenever
possible.
' (d) State, federal and community goals, constraints and
obligations should be identified at the beginning of the planning
process, and the state should work actively with community
partners, regions and state and local agencies to address and
accomplish their mutual objectives.
' (5) When the department provides funds or assistance for
projects, programs, technical support or other authorized
activities pursuant to { - ORS 329.905 to 329.975 and - } ORS
chapters 285A, 285B and 285C, the department shall give priority
to projects, programs and activities that:
' (a) Retain and create jobs and raise real wages;
' (b) Promote capacity building, emphasizing rural and
distressed areas;
' (c) Assist small business creation and expansion;
' (d) Invest and engage in training a skilled workforce;
' (e) Retain and expand existing companies and recruit new
investment to Oregon;
' (f) Capitalize on Oregon's competitive advantages and
strategically invest resources to offset competitive
disadvantages;
' (g) Support innovation and research;
' (h) Assist industry clusters to succeed;
' (i) Market Oregon's advantages;
' (j) Promote international trade and attract foreign direct
investment;
' (k) Support the development of industrial and commercial
lands;
' (L) Advance the efforts of ports to promote economic
development activities; and
' (m) Build capacity in Oregon's arts and cultural
organizations, creative businesses and individual artists.
' { + SECTION 89. + } { + If House Bill 2263 becomes law,
section 8 of this 2007 Act (amending ORS 285A.075) is repealed
and ORS 285A.075, as amended by section 28, chapter ___, Oregon
Laws 2007 (Enrolled House Bill 2263), is amended to read: + }
' 285A.075. { - (1) The Economic and Community Development
Department, through research, promotion and coordination of
activities in this state, shall foster the most desirable growth
and geographical distribution of agriculture, industry and
commerce in the state. The department shall serve as a central
coordinating agency and clearinghouse for activities and
information concerning the resources and economy of the
state. - }
' { + (1) The Economic and Community Development Department
shall:
' (a) Implement programs and adopt rules in accordance with
applicable provisions of ORS chapter 183 that are consistent and
necessary to carry out the policies established by the Oregon
Economic and Community Development Commission and the duties,
functions and powers vested by law in the department.
' (b) Act as the official state liaison agency for persons
interested in locating industrial or business firms in the state
and for state and local groups seeking new industry or business,
and maintain the confidentiality of negotiations conducted
pursuant to this paragraph, if requested.
' (c) Coordinate state and federal economic and community
development programs.
' (d) Administer the state's participation in the federal
Community Development Block Grant funding program authorized by
42 U.S.C. 5301 et seq.
' (e) Actively recruit domestic and international business
firms to those communities desiring business recruitment.
' (f) Consult with local governments to establish regions for
the purpose of job development and community assistance to
facilitate economic activities in the region. Regions established
for this purpose need not be of the same size in geographic area
or population.
' (g) Establish and operate foreign trade offices in foreign
countries in which the department considers a foreign trade
office necessary. The department shall use department employees,
contracts with public or private persons or a combination of
employees and contractors to establish and operate foreign trade
offices. Department employees, including managers, who are
assigned to work in a foreign trade office shall be in the
unclassified service, and the director shall set the salaries of
such employees. ORS 276.428, 279A.120, 279A.140, 279A.155,
279A.275, 279B.025, 279B.235, 279B.270, 279B.280, 279C.370,
279C.500 to 279C.530, 279C.540, 279C.545, 279C.800 to 279C.870,
282.020, 282.050, 282.210, 282.220, 282.230, 283.140, 459A.475,
459A.490, 653.268 and 653.269 do not apply to the department's
operation of foreign trade offices outside the state.
' (h) Consult with other state agencies and with local agencies
and officials prior to defining or designating distressed areas
for purposes of ORS 285A.020.
' (i) Budget moneys for travel and various other expenses of
industrial or commercial site location agents, film or video
production location agents, business journal writers, elected
state officials or other state personnel to accomplish the
purposes of ORS chapters 285A, 285B and 285C. The department may
expend moneys duly budgeted to pay the travel and other expenses
of such persons if the director determines the expense may
promote the purposes of this subsection.
' (j) Promulgate rules to govern contracts.
' (k) Develop strategies to address issues that are necessary
and appropriate to Oregon's future and adopt goals that include
measurable indicators of success (Oregon benchmarks) that show
the extent to which each goal is being achieved.
' (L) Use practices and procedures that the department
determines are the best practices for carrying out the duties of
the department. + }
' (2) The department shall have no regulatory power over the
activities of private persons. Its functions shall be solely
advisory, coordinative and promotional.
' { - (3) The department shall Administer the state's
participation in the federal Community Development Block Grant
funding program authorized by 42 U.S.C. 5301 et seq. - }
' { - (4) In order to accomplish the purposes of ORS chapters
285A, 285B and 285C, the department may expend moneys duly
budgeted to pay the travel and various other expenses of
industrial or commercial site location agents, film or video
production location agents, business journal writers, elected
state officials or other state personnel whom the Director of the
Economic and Community Development Department determines may
promote the purposes of this subsection. - }
' { - (5) In accordance with applicable provisions of ORS
chapter 183, the department may adopt rules necessary for the
administration of laws that the department is charged with
administering. - }
' { - (6) ORS 276.428, 279A.120, 279A.140, 279A.155, 279A.275,
279B.025, 279B.235, 279B.270, 279B.280, 279C.370, 279C.500 to
279C.530, 279C.540, 279C.545, 279C.800 to 279C.870, 282.020,
282.050, 282.210, 282.220, 282.230, 283.140, 459A.475, 459A.490,
653.268 and 653.269 do not apply to the department's operation of
foreign trade offices outside the state. - }
' { - (7) - } { + (3) + } Notwithstanding ORS 279A.140, the
department may { + award grants or + } enter into contracts
{ - for personal services - } as necessary or appropriate to
carry out the duties, functions and powers vested in the
department by law.
' { - (8)(a) The department may contract directly with the
Oregon Downtown Development Association, or its successor entity,
to provide downtown development and redevelopment assistance and
similar services to municipalities in Oregon. - }
' { - (b) The department may contract directly with Rural
Development Initiatives, or its successor entity, to provide
training, technical assistance, planning assistance and other
support and services to municipalities in Oregon to build
economic and community development capacity. - }
' { - (c) Contracts entered into under this subsection are
exempt from the requirements of ORS 279.835 to 279.855 and ORS
chapters 279A, 279B and 279C. - }
' { - (9) If the director determines that moneys are
available, the department may transfer funds from the Special
Public Works Fund created under ORS 285B.455 or from the Water
Fund established under ORS 285B.563 to a state agency to provide
financial assistance in the delivery of technical assistance or
other services to one or more water systems for evaluation of
water quality or services or for planning the improvement of
water quality or services. The department may structure the
financial assistance under this subsection in the form of an
interagency grant or loan or in any other manner the director
considers necessary or appropriate. - }
' { + SECTION 90. + } { + If House Bill 3265 becomes law,
section 97, chapter ___, Oregon Laws 2007 (Enrolled House Bill
3265) (amending ORS 285B.323), is repealed and ORS 285B.323, as
amended by section 73 of this 2007 Act, is amended to read: + }
' 285B.323. As used in ORS 285B.320 to 285B.371, unless the
context requires otherwise:
' (1) 'Bond' { + or 'revenue bond' + } means { - any
evidence of indebtedness, including but not limited to any bond,
note, obligation, loan agreement, financing agreement, contracts
for leasing, rental or financing of real or personal property,
including contracts for rental, long term leases under an
optional contract for purchase, financing agreements with
vendors, financial institutions or others or for purchase of any
property secured by revenues or from other financing sources as
provided in ORS 285B.320 to 285B.371. A bond, as defined in this
subsection and issued under ORS 285B.320 to 285B.371, shall be
considered a revenue bond for purposes of ORS 286.031 - } { + a
revenue bond, as defined in section 2, chapter ___, Oregon Laws
2007 (Enrolled House Bill 3265) + }.
' (2) 'Economic development project' includes any properties,
real or personal, used or useful in connection with a revenue
producing enterprise, { + an + } exempt { - facilities - }
{ + facility + } or { + a + } nonprofit { - entities - }
{ + entity, + } and { - related - } vehicles, rolling stock
or equipment { + related to an enterprise, facility or
entity + }. ' Economic development project' does not include any
facility or facilities designed primarily for the generation,
transmission, sale or distribution of electrical energy.
' (3) 'Eligible project' means an economic development project
found by the Oregon Economic and Community Development Commission
to meet standards of the commission. The commission may treat as
a single eligible project for bonding purposes any number of
economic development projects determined to be eligible projects.
' (4) 'Exempt facility' means any facility described in section
142(a) of the Internal Revenue Code of 1986, as amended and in
effect as of June 30, 2007. If section 142(a) of the Internal
Revenue Code of 1986 is amended or altered on or after July 1,
2007, the Economic and Community Development Department may adopt
by rule a definition of 'exempt facility' that is consistent with
section 142(a) of the Internal Revenue Code of 1986 as amended or
altered.
' (5) 'Nonprofit entity' means an institution, organization or
other entity exempt from taxation under section 501(c)(3) of the
Internal Revenue Code of 1986, as amended and in effect as of
June 30, 2007. If section 501(c)(3) of the Internal Revenue Code
of 1986 is amended or altered on or after July 1, 2007, the
department may adopt a definition of 'nonprofit entity' that is
consistent with section 501(c)(3) of the Internal Revenue Code of
1986 as amended or altered.
' { + SECTION 91. + } { + If House Bill 3265 becomes law,
section 97a, chapter ___, Oregon Laws 2007 (Enrolled House Bill
3265) (amending ORS 285B.326), is repealed and ORS 285B.326, as
amended by section 74 of this 2007 Act, is amended to read: + }
' 285B.326. (1) Upon determining that an economic development
project is an eligible project, the Oregon Economic and Community
Development Commission shall { - forward the application to - }
{ + request that + } the State Treasurer { - , who shall
determine whether to - } issue the bonds.
' (2) The commission shall collect fees set forth in rules
established by the Economic and Community Development Department.
Moneys collected under this subsection shall be deposited in the
Oregon Community Development Fund created under ORS 285A.227 and
are continuously appropriated to the commission for the purpose
of administration or funding of the Oregon Industrial Development
Revenue Bond and Express Bond Program.
' (3)(a) In addition to the fees described in subsection (2) of
this section, the commission may charge and receive reimbursement
for expenses incurred in:
' (A) The initial review of an application for economic
development projects sought to be declared eligible for
financing; and
' (B) Matters arising after the issuance of a bond.
' (b) Reimbursement for expenses under this subsection shall be
charged and received in accordance with rules established by the
department.
' { + SECTION 92. + } { + The amendments to ORS 285B.323 and
285B.326 by sections 90 and 91 of this 2007 Act become operative
on January 1, 2008. + } ' .
In line 36, delete '87' and insert '93'.
In line 42, delete '88' and insert '94'.
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