74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
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 333
Senate Bill 350
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Economic Development Agency Oversite)
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.
Modifies administrative provisions for economic and community
development. Revises economic and community development programs.
Establishes Community Investment Fund. Continuously
appropriates moneys from fund to Economic and Community
Development Department. Establishes Innovation Acceleration Fund.
Continuously appropriates moneys from fund to department for
specified purposes.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to economic development; creating new provisions;
amending ORS 184.632, 238.015, 238A.005, 276.285, 284.540,
284.706, 285A.010, 285A.020, 285A.040, 285A.045, 285A.050,
285A.055, 285A.070, 285A.075, 285A.095, 285A.190, 285A.206,
285A.224, 285A.340, 285A.346, 285A.349, 285A.486, 285B.050,
285B.053, 285B.056, 285B.059, 285B.062, 285B.083, 285B.092,
285B.093, 285B.123, 285B.126, 285B.129, 285B.132, 285B.135,
285B.138, 285B.141, 285B.147, 285B.165, 285B.168, 285B.174,
285B.178, 285B.179, 285B.200, 285B.203, 285B.206, 285B.209,
285B.215, 285B.218, 285B.230, 285B.236, 285B.239, 285B.242,
285B.245, 285B.260, 285B.263, 285B.264, 285B.320, 285B.323,
285B.326, 285B.329, 285B.503, 285B.530, 285B.533, 285B.551,
285B.740, 285B.743, 285B.752, 286.560, 286.585, 320.335,
329.115, 329.155, 390.063, 401.808, 417.705, 417.797, 431.120,
461.540, 468B.415, 541.700, 541.755, 541.845, 576.768, 657.665,
777.760, 777.953 and 778.008; repealing ORS 285A.125, 285A.131,
285A.133, 285A.136, 285A.139, 285A.141, 285A.150, 285A.153,
285A.156, 285A.159, 285A.162, 285A.165, 285A.168, 285A.170,
285A.174, 285A.185, 285A.188, 285A.203, 285A.209, 285A.255,
285A.258, 285A.261, 285A.264, 285A.267, 285A.269, 285A.271,
285A.272, 285A.274, 285A.277, 285A.279, 285A.282, 285A.288,
285A.600, 285A.603, 285A.606, 285A.609, 285A.612, 285A.615,
285A.618, 285A.624, 285A.627, 285A.630, 285A.633, 285A.654,
285A.657, 285A.660, 285A.666, 285A.669, 285A.672, 285A.675,
285A.678, 285A.681, 285A.684, 285A.687, 285A.690, 285A.693,
285A.696, 285A.699, 285A.702, 285A.705, 285A.708, 285A.709,
285A.711, 285A.732, 285B.071, 285B.074, 285B.077, 285B.095,
285B.139, 285B.144, 285B.150, 285B.159, 285B.162, 285B.166,
285B.183, 285B.212, 285B.254, 285B.257, 285B.332, 285B.410,
285B.413, 285B.419, 285B.422, 285B.428, 285B.437, 285B.440,
285B.449, 285B.455, 285B.458, 285B.460, 285B.462, 285B.465,
285B.467, 285B.470, 285B.473, 285B.476, 285B.479, 285B.482,
285B.560, 285B.563, 285B.566, 285B.569, 285B.572, 285B.575,
285B.578, 285B.581, 285B.584, 285B.587, 285B.590, 285B.593,
285B.596, 285B.599 and 285B.755; appropriating money; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
ADMINISTRATIVE PROVISIONS + }
SECTION 1. ORS 285A.010 is amended to read:
285A.010. As used in ORS chapters 285A, 285B and 285C, unless
the context requires otherwise:
(1) 'Commission' means the Oregon Economic and Community
Development Commission.
(2) 'Community' means an area or locality in which the body of
inhabitants has common economic or employment interests. The term
is not limited to a city, county or other political subdivision
and need not, but may be, limited by political boundaries.
(3) 'Department' means the Economic and Community Development
Department.
(4) 'Director' means the Director of the Economic and Community
Development Department.
(5) 'Distressed area' means a county, city, community or other
geographic area that is designated as a distressed area by the
department, based on indicators of economic distress or
dislocation, including but not limited to unemployment, poverty
and job loss.
(6) 'International trade' means the export and import of
products and services and the movement of capital for the purpose
of investment.
(7) 'Rural area' means an area located entirely outside of the
acknowledged Portland Metropolitan Area Regional Urban Growth
Boundary and the acknowledged urban growth boundaries of
{ - the - } cities { + with populations + } of 30,000 or more
{ - in population, including Albany, Bend, Corvallis, Eugene,
Springfield, Salem, Keizer or Medford - } .
(8) 'Rural community' means a community located in a rural
area.
(9) 'Traded sector' means industries in which member firms sell
their goods or services into markets for which national or
international competition exists.
{ + (10) 'Small business' means a business having 100 or
fewer employees. + }
SECTION 2. ORS 285A.020 is amended to read:
285A.020. { - (1) The Legislative Assembly finds that: - }
{ - (a) Oregon's economy continues to experience change and
adjustment that greatly affect the well-being of its
citizens. - }
{ - (b) The state has a need for continuing economic
development to help provide the jobs for its citizens that lead
to community vitality and a high quality of life. - }
{ - (2) The Legislative Assembly further finds that: - }
{ - (a) Oregon's human resources constitute a major asset in
the state's effort to promote economic expansion and
improvement. - }
{ - (b) Oregon's natural resources provide ample
opportunities for productive and beneficial economic
enterprise. - }
{ - (c) Oregon's location on the growing economy of the
Pacific Rim provides substantial opportunities and challenges in
international trade. - }
{ - (d) Oregon's special heritage, its respect for and
cultivation of its environment and its quality of life are a
unique and sustaining virtue that will both guide and assist in
maintaining the state's economic health. - }
{ - (3) - } { + (1) + } It is the purpose of ORS chapters
285A, 285B and 285C to promote { - the improvement of Oregon's
economy to better provide for the well-being of its citizens - }
{ + the advancement of Oregon's economy + }.
{ + (2) The Legislative Assembly declares that it is the
immediate economic strategy of the state to:
(a) Create investment opportunities and attract jobs;
(b) Promote innovation and research to improve the national and
global competitiveness of Oregon companies; and
(c) Assist communities to build the capacity to attract, retain
and expand businesses, including financing necessary
infrastructure.
(3) + } To { - that end - } { + 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) Structures and processes for making public investments and
dealing with local and regional issues must be designed flexibly
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, public and
private players should be used to set direction, develop projects
and set priorities.
(c) The expected impact of public investments at all levels
should be explicitly 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 public
investment planning process, and the state should work actively
with communities and regions to accomplish their mutual
objectives.
(4) { - The Legislative Assembly declares that it is the
immediate economic strategy of the state to: - }
{ - (a) Focus on Oregonians in communities that are rural,
economically distressed or lack diverse employment opportunities,
including providing assistance in recruiting jobs from outside
the community or state and financing necessary
infrastructure; - }
{ - (b) Assist Oregonians who are underemployed or in low
income jobs; - }
{ - (c) Assist start-up companies and companies already doing
business in Oregon; - }
{ - (d) Help regions that are committed to making strong
progress toward an integrated structure and process for strategic
planning and project development; and - }
{ - (e) Focus on strategies and investments that maximize the
economic benefit to the state of the global shift to an
information, science and technology driven economy and on
industries and companies that make significant use of the
high-capacity telecommunications, science and technology-related
manufacturing processes or knowledge transfer typical of these
emerging economic sectors. - } { + When the Economic and
Community Development Department provides funds for projects,
programs, technical assistance or otherwise pursuant to ORS
chapters 285A, 285B and 285C and ORS 329.905 to 329.975, the
department shall give priority to:
(a) Assisting counties, cities, communities or other geographic
areas that are designated as distressed areas by the department;
and
(b) Assisting small businesses in Oregon by encouraging the
creation of new businesses, expanding existing businesses and
retaining economically distressed businesses that are
economically viable. + }
SECTION 3. ORS 285A.040 is amended to read:
285A.040. (1) There is established the Oregon Economic and
Community Development Commission consisting of { - seven - }
{ + nine + } members appointed as follows:
(a) One nonvoting, ex officio member appointed from among the
members of the Senate by the President of the Senate;
(b) One nonvoting, ex officio member appointed from among the
members of the House of Representatives by the Speaker of the
House of Representatives; and
(c) { - Five - } { + Seven + } members appointed by the
Governor, subject to confirmation by the Senate in the manner
prescribed in ORS 171.562 and 171.565. The Governor shall appoint
members of the commission in compliance with all of the
following:
(A) Members shall be appointed with { - due - }
consideration given to representation of the different geographic
regions of the state, and at least { - one member shall be a
resident - } { + two members shall be residents + } of the area
east of the Cascade Range.
(B) Not more than { - three - } { + four + } members
{ - shall - } { + may + } belong to one political party. Party
affiliation shall be determined by the appropriate entry on
official election registration cards.
(C) { - At least one member shall be an individual with
substantial experience or training in international trade or an
individual who, at the time of appointment, is involved in
international trade. The member's experience or involvement in
international trade may include importing or exporting goods into
or from the State of Oregon. - } { + Members shall be appointed
with consideration given to representation of the following areas
of expertise or training:
(i) International trade;
(ii) Small business needs and issues;
(iii) Local government needs and issues;
(iv) Marketing and branding;
(v) Arts and culture;
(vi) Finance;
(vii) Innovation;
(viii) Telecommunications; or
(ix) Other areas of training or expertise identified by the
commission. + }
(2)(a) The term of office of each member appointed by the
Governor is four years, but a member serves at the pleasure of
the Governor. Before the expiration of the term of a member
appointed by the Governor, the Governor shall appoint a successor
whose term begins on July 1 next following. A member appointed by
the Governor is eligible for reappointment. In case of a vacancy
among the members appointed by the Governor for any cause, the
Governor shall appoint a person to fill the office for the
unexpired term.
(b) The term of office of the member appointed by the President
of the Senate is four years. In case of a vacancy for any cause,
the President of the Senate shall appoint a Senator to fill the
office for the unexpired term.
(c) The term of office of the member appointed by the Speaker
of the House of Representatives is two years. In case of a
vacancy for any cause, the Speaker of the House of
Representatives shall appoint a Representative to fill the office
for the unexpired term.
(3) A member of the commission who is appointed by the Governor
is entitled to compensation and expenses as provided by ORS
292.495.
(4) The Governor shall appoint one of the voting commissioners
as presiding officer of the commission. The presiding officer
shall have duties and powers as the commission determines are
necessary for the office.
(5) { - Three - } { + Four + } voting members of the
commission constitute a quorum for the transaction of business.
(6) The commission shall meet at least quarterly at a time and
place determined by the commission. The commission shall also
meet at { - such - } other times and places as are specified
by the call of the presiding officer or { + by the call + }of a
majority of the voting members of the commission.
(7) A vacancy among the voting members of the commission does
not impair the right of the remaining voting commissioners to
exercise all the powers of the commission. If the remaining
voting commissioners are unable to agree, the Governor shall have
the right to vote as a member of the commission.
SECTION 4. ORS 285A.045 is amended to read:
285A.045. { - (1) As its primary duty, the Oregon Economic
and Community Development Commission shall develop and maintain
an economic and community development policy for this state that
implements the strategy declared in ORS 285A.020 (4) and that
includes policies that: - }
{ - (a) Maintain and create jobs that raise real wage levels
of Oregon workers. - }
{ - (b) Increase the skill levels of the Oregon
workforce. - }
{ - (c) Improve the competitiveness of this state's traded
sector industries, including industries characterized by
significant use of high-capacity telecommunications, science and
technology-related manufacturing processes or knowledge transfer,
and achieve benchmarks for those industries established by the
Oregon Progress Board. - }
{ - (d) Invest public moneys in a manner that produces the
greatest possible return on investment. - }
{ - (e) Support statewide and regional strategies to develop
and maintain the infrastructure necessary to support and
strengthen the economy of this state. - }
{ - (f) Identify and eliminate barriers that impede the
competitiveness of Oregon businesses. - }
{ - (g) Encourage expansion of existing Oregon businesses and
the attraction of new business and industry to those communities
that desire such development, with particular attention to
industries characterized by significant use of high-capacity
telecommunications, science and technology-related manufacturing
processes or knowledge transfer. - }
{ - (h) Encourage investment in infrastructure projects,
including electronic, communications and financial resource
projects, that benefit Internet-based entities and employees and
encourage the entities and employees to relocate to or remain in
Oregon. - }
{ - (i) Assist in the development of microenterprise
businesses in Oregon, including increasing the availability of
training and technical assistance available to serve
microenterprises. - }
{ - (2) It is the function of the Oregon Economic and
Community Development Commission to establish the policies for
economic and community development in this state in a manner
consistent with the policies and purposes set forth in this
section and ORS 285A.050. In addition, the commission shall
perform any other duty vested in it by law. - }
{ + (1) The Oregon Economic and Community Development
Commission shall provide oversight and direction to the Economic
and Community Development Department in carrying out the duties
and creating policies to further the economic strategy set forth
in ORS 285A.020. In addition, the commission may perform any
other duty vested in it by law. + }
{ - (3) - } { + (2) + } The commission shall keep complete
and accurate records of all the meetings, transactions and
business of the commission at the office of the Economic and
Community Development Department.
{ + (3) When a power, duty or function is vested in the
commission, the commission may designate department officers,
agents, employees or committee members to exercise the power,
duty or function of the commission. When the commission
designates a person in writing to exercise a power, duty or
function of the commission, the person may exercise the power,
duty or function. + }
{ - (4) The commission shall set policy for and monitor
programs relating to economic development and rural and community
development and such other programs related to economic and
community development that may be assigned by law to the
department. - }
{ - (5) - } { + (4) + } In carrying out its duties under
subsection (1) of this section, the commission shall { - : - }
{ - (a) Place priority on those policies that achieve
benchmarks established by the Oregon Progress Board; and - }
{ - (b) - } coordinate its activities with the policies of
the { + Economic Revitalization Team, the + } Education and
Workforce Policy Advisor and the policymaking bodies of the
Housing and Community Services Department, the Department of
Transportation, the Department of Environmental Quality, the
Department of Land Conservation and Development and the
Employment Department, as well as other appropriate state and
federal agencies.
SECTION 5. ORS 285A.050 is amended to read:
285A.050. (1) The Oregon Economic and Community Development
Commission shall report { - annually - } { + biennially + }
to the Governor and the Legislative Assembly on the success of
economic development efforts. The report { - , - } { + shall
include the progress toward achievement of performance measures
for the Economic and Community Development Department adopted by
the Legislative Assembly. + } At a minimum, { + the report + }
shall include the following:
(a) For the overall Economic and Community Development
Department effort and for each identifiable program and
{ - significant project or service - } { + funding
source + }:
{ - (A) The impact of that program on the competitiveness of
traded sector industries and the skill levels of the Oregon
workforce; - }
{ - (B) - } { + (A) + } The { - impact on the - } number
of jobs { - , including jobs - } created and retained;
{ - (C) - } { + (B) + } The { - impact on the - }
{ + average + } wage levels of { - Oregon workers, including
increases in wage levels - } { + jobs created and retained + };
{ + and + }
{ - (D) - } { + (C) + } { - The actual or anticipated
impact of public investments at all levels, in terms of
measurable outcomes wherever possible; and - } { + Other
measures identified by the commission. + }
{ - (E) The impact of that program on the Internet-based
entities and employees in Oregon. - }
(b) The status of the Oregon economy related to { - : - }
{ - (A) - } changes in employment and wage levels { - in
Oregon industries; - } { + . + }
{ - (B) Changes in employment, wage levels and
competitiveness of traded sector industries; and - }
{ - (C) Barriers that have been identified as impeding
business competitiveness and productivity in this state. - }
{ - (c) Progress made toward achievement of the Oregon
Benchmarks. - }
{ - (d) Recommendations for removing identified barriers and
additional suggestions for improving the performance of Oregon's
economy. - }
{ - (e) Recommendations on this state's investment in its
public ports, on this state's response to policy issues that
affect ports and for the strategic development of port facilities
that promote maritime commerce, recreational opportunities and
the economy of Oregon. - }
{ - (f) - } { + (c) + } Progress made toward elimination of
economically distressed areas of this state.
{ - (g) - } { + (d) + } { - Recommendations regarding - }
{ + Progress made toward + } improving the international
competitiveness of Oregon.
{ - (h) - } { + (e) + } Progress made in serving { + small
and + } microenterprise businesses and recommendations for
increasing the success of
{ - microenterprises - } { + small and microenterprise
businesses.
(f) Other issues identified by the commission + }.
{ - (2) Whenever a power is granted to the commission, the
power may be exercised by such officers, employees or
commission-appointed committees as are designated in writing by
the commission. - }
{ - (3) - } { + (2) + } Reports to the Legislative Assembly
required under this section shall be made in accordance with ORS
192.245.
SECTION 6. ORS 285A.055 is amended to read:
285A.055. Prior to the approval of bond financing of economic
development projects under ORS 285B.320 to 285B.371 { - , the
making of a loan under ORS 285A.666 to 285A.732 - } or the
making of any loan or the granting of any moneys from any source,
the Oregon Economic and Community Development Commission { + , or
the Economic and Community Development Department as the designee
of the commission, + } shall:
(1) Determine that the action is cost effective, considering
both major public expenses and major public benefits;
(2) Find that the project will produce goods or services which
are sold in markets for which national or international
competition exists or, if the project is to be constructed and
operated by a nonprofit organization, that the project will not
compete with local for-profit businesses;
(3) Determine that the action is the best use of the moneys
involved, considering other pending applications for those
moneys;
(4) Find that the project involved is consistent with the
Economic and Community Development Department's comprehensive
policy and programs; { + and + }
(5) Find that the project involved is consistent with
applicable adopted local economic development plans { - ;
and - } { + . + }
{ - (6) Provide for public notice of, and public comment on,
the action. - }
SECTION 7. ORS 285A.070 is amended to read:
285A.070. (1) The Economic and Community Development Department
is { - continued, but reorganized as provided in this
section - } { + established + }.
{ - (2) The Economic and Community Development Department
shall be organized by the Director of the Economic and Community
Development Department in whatever manner the director considers
necessary to conduct the work of the department efficiently and
effectively, subject to approval by the Oregon Economic and
Community Development Commission. - }
{ - (3) - } { + (2) + } The department shall be under the
supervision of the Director { + of the Economic and Community
Development Department + }, who shall be appointed by and shall
hold office at the pleasure of the Governor.
{ - (4) - } { + (3) + } The appointment of the director
shall be subject to confirmation by the Senate in the manner
provided by ORS 171.562 and 171.565.
{ + (4) Subject to policy direction by the Oregon Economic
and Community Development Commission, the director shall:
(a) Be the administrative head of the department;
(b) Administer the laws of the state relating to economic
development; and
(c) Intervene, as authorized by the commission, pursuant to the
rules of practice and procedure, in the proceedings of state and
federal agencies that may substantially affect economic
development within Oregon.
(5) In addition to duties otherwise required by law, and
subject to policy direction by the commission, the director shall
prescribe rules for the government of the department, the conduct
of its employees, the assignment and performance of its business
and the custody, use and preservation of its records, papers and
property in a manner consistent with applicable law.
(6) The director shall organize the department in whatever
manner the director considers necessary to conduct the work of
the department efficiently and effectively, subject to approval
by the commission. + }
{ - (5) - } { + (7) + } The director may appoint all
subordinate officers and employees of the department and may
prescribe their duties, assignments and reassignments and fix
their compensation, subject to any applicable provisions of the
State Personnel Relations Law. Subject to any other applicable
law regulating travel expenses, the officers and employees of the
department shall be allowed such reasonable and necessary travel
and other expenses as may be incurred in the performance of their
duties.
{ + (8) The director may delegate the exercise or discharge
of any power, duty or function that is vested in or imposed by
law upon the director to any department employee for the purpose
of conducting an official act in the name of the director. The
official act of any person acting in the name of the director by
the authority of the director is an official act of the director.
(9) The director may require a fidelity bond of any officer or
employee of the department who has charge of, handles or has
access to any state money or property, and who is not otherwise
required by law to give a bond. The director shall fix the amount
of the bond, except as otherwise provided by law, and approve the
sureties. The department shall pay the premiums on the bond. + }
{ - (6) - } { + (10) + } The Oregon Economic and Community
Development Commission shall report periodically to the Governor
on the director's performance and make appropriate
recommendations. { +
SECTION 8. ORS 285A.075 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) Provide field representatives for the various geographic
regions of the state. The field representatives shall be in the
unclassified service and shall receive a salary as set by the
Director of the Economic and Community Development Department,
unless otherwise provided by law.
(c) 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.
(d) Coordinate state and federal economic and community
development programs.
(e) Administer the state's participation in the federal
Community Development Block Grant funding program authorized by
42 U.S.C. 5301 et seq.
(f) Actively recruit domestic and international business firms
to those communities desiring business recruitment.
(g) 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.
(h) 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.
(i) Consult with other state agencies and with local agencies
and officials prior to defining or designating distressed areas
for purposes of ORS 285A.020. + }
{ - (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 and ORS 329.905 to 329.975, 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. - }
{ + (j) 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 and ORS 329.905 to
329.975. 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.
(k) Promulgate rules to govern contracts for personal services.
(L) 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. + }
{ - (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. - }
{ + (2) The department shall have no regulatory power over
the activities of private persons. Its functions shall be solely
advisory, coordinative and promotional. + }
{ - (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. { + 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. The department
shall promulgate rules governing contracts for personal
services. + }
{ - (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 9. ORS 285A.206 is amended to read:
285A.206. (1) In each calendar year, the Economic and Community
Development Department shall prepare, in accordance with
generally accepted governmental accounting principles, a
financial statement { + for individual funding programs as
required by law. + }
{ - relating to each of the following funds: - }
{ - (a) The Special Public Works Fund created by ORS
285B.455; - }
{ - (b) The Title I Bank Fund established by ORS
285A.306; - }
{ - (c) The Oregon Business Development Fund created by ORS
285B.092; - }
{ - (d) The Oregon Port Revolving Fund created by ORS
285A.708; and - }
{ - (e) Any other fund or account that is used by the
department or Oregon Economic and Community Development
Commission to make loans or loan guarantees or to provide other
financial assistance to private business firms organized for
profit. - }
(2) The financial statements required by this section shall
record and summarize all the financial transactions during the
reporting period that involved moneys credited to a fund or
account and shall describe the financial condition of the fund or
an account at the end of the reporting period. The reporting
period for financial statements required by this section shall be
the fiscal year commencing on July 1 and ending on June 30.
(3) The financial statements required by this section shall be
in a form prescribed by the Secretary of State.
(4) Each financial statement required by this section shall
describe the financial transactions and condition of a single
fund and shall be submitted to the Governor, the President of the
Senate and the Speaker of the House of Representatives not later
than December 31 in each year.
{ +
BROWNFIELDS TASK FORCE + }
SECTION 10. { + The Legislative Assembly finds that:
(1) It is in the interests of the state to provide for the
protection of public health and safety and for the protection of
the environment and to foster the remediation, transfer, reuse or
redevelopment of sites or groups of sites on which the threatened
release of petroleum or other hazardous substances exists. The
minimization of risk to public health and the environment on a
commercial and industrial site offers significant potential
economic benefit to local communities and is vital to their use
and reuse as sources of employment, housing, recreation and open
space areas while contributing to Oregon's overall
sustainability.
(2) Unknown environmental liabilities and the cost of
environmental site assessment and cleanup prevent communities,
developers and investors from restoring contaminated properties
to productive economic reuse or revitalization of impacted
neighborhoods. Banks and traditional financing sources remain
reluctant to finance these costs. Providing financial assistance
to eligible property owners that conduct voluntary cleanups will
promote the economic revitalization of property, particularly in
rural communities. Therefore, it is in the interests of the state
to establish financial incentives through credits, abatements or
insurance that encourage private investment. + }
SECTION 11. { + (1) There is created the Task Force on
Brownfields Tax Incentives and Insurance, consisting of at least
seven members appointed by the Director of the Economic and
Community Development Department as follows:
(a) One member from the Economic and Community Development
Department;
(b) One member from the Department of Environmental Quality;
(c) One member from the Department of Consumer and Business
Services;
(d) One member from the Department of Revenue; and
(e) Three or more members, who, by reason of education or
experience in environmental issues, recycling, development,
financing or another field related to the purposes of the task
force, are qualified to serve.
(2) The director, in consultation with the task force
chairperson, shall develop a work plan consisting of a list of
subjects for study by the task force. The task force, by official
action, may request a modification of the work plan. Only the
director, after consultation with the chairperson, may modify the
work plan.
(3) The list of subjects for study by the task force shall
include a study of funding and programmatic strategies that now
exist or may be established to provide financial incentives
through credits, abatements or insurance to facilitate voluntary
recycling and productive reuse of contaminated industrial and
commercial properties within the state.
(4) A majority of the members of the task force constitutes a
quorum for the transaction of business.
(5) Official action by the task force requires the approval of
a majority of the members of the task force.
(6) The task force shall elect one of its members to serve as
chairperson.
(7) If there is a vacancy for any cause, the director shall
make an appointment to become immediately effective.
(8) The task force shall meet at times and places specified by
the call of the chairperson or of a majority of the members of
the task force.
(9) The task force may adopt rules necessary for the operation
of the task force.
(10) The task force shall submit a report, and may include
recommendations for legislation, to an interim committee related
to Brownfields issues, including but not limited to the interim
committee on Economic Development, as appropriate, no later than
October 1, 2008.
(11) The Economic and Community Development Department shall
provide staff support to the task force.
(12) Members of the task force are not entitled to
compensation, but may be reimbursed for actual and necessary
travel and other expenses incurred by them in the performance of
their official duties in the manner and amounts provided for in
ORS 292.495. Claims for expenses shall be paid out of funds
appropriated to the Economic and Community Development Department
for that purpose.
(13) All agencies of state government, as defined in ORS
174.111, are directed to assist the task force in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the task force consider necessary to perform their
duties. + }
SECTION 12. { + Sections 10 and 11 of this 2007 Act are
repealed on the date of the convening of the next regular
biennial legislative session. + }
{ +
BUSINESS RETENTION FUND + }
SECTION 13. ORS 285A.224 is amended to read:
285A.224. (1) { - The Legislative Assembly finds that Oregon
traded sector industries are experiencing a period of major
change and disruption, and that this change is creating severe
and unpredictable economic consequences for many communities and
workers. - } It is the purpose of the { - Economic
Stabilization and Conversion - } { + Business Retention + }
Fund to assist { + businesses, + } communities and workers
affected by { + significant business transitions, + } economic
dislocation or the possibility of economic dislocations to
evaluate and implement alternative business or community
opportunities { + and to focus on the long term survivability of
businesses + }.
(2) The { - Economic Stabilization and Conversion - } { +
Business Retention + } Fund is created separate and distinct from
the General Fund. The fund shall be administered by the Economic
and Community Development Department. The fund may be credited
with contributions of moneys from public and private sources and
with repayments as provided in this section. Interest earned by
the fund shall be credited to the fund.
(3)(a) The { - Economic and Community Development - }
department may allocate moneys in the fund for the following
purposes:
(A) Business retention service;
(B) Employee ownership;
(C) Community response to plant closures or community distress,
or both; and
(D) Feasibility studies { + , transition plans or restructuring
plans + }.
(b) The department shall establish the maximum percentage of
the fund that may be allocated for the purposes described in
paragraph (a) of this subsection and a minimum match requirement,
if any.
(4) The { - Economic and Community Development - }
department may grant, expend or loan moneys in the fund for
financial assistance, feasibility studies, { + transition plans,
restructuring plans, + } technical assistance and management
consulting services for { + business firms in transition, + }
troubled firms that may close without assistance, for troubled
firms that are experiencing major layoffs or firms that have
actually closed or announced closure, and for communities that
are experiencing distress due to the business closures { - and
for the purpose of encouraging employee ownership - } , under
such terms and conditions as the department may determine.
(5) The { - Economic and Community Development - }
department shall provide that firms receiving assistance repay to
the { - Economic Stabilization and Conversion - } { +
Business Retention + }Fund any assistance provided under
subsection (4) of this section. { - Such provisions for
repayment - } { + When the department sets repayment terms for
a firm receiving assistance, the department + } shall consider
the financial ability of the firm to repay assistance.
(6) In providing assistance from the { - Economic
Stabilization and Conversion - } { + Business Retention + }
Fund, the department shall give preference to Oregon's distressed
areas and its traditional agriculture, forestry and fishing
industries { - , and - } { + . + } { + The department shall
give additional priority to areas including but not limited to
emerging industries and industry clusters with high potential for
job retention and creation and market growth, as well as traded
sector + } firms competing in markets for which { +
regional, + } national or international competition exists.
(7) The { - Economic and Community Development - }
department shall establish specific criteria for expenditure of
funds from the
{ - Economic Stabilization and Conversion - } { + Business
Retention + } Fund by adopting rules.
{ +
ASSISTANCE TO SMALL BUSINESS SERVICE PROVIDERS + }
SECTION 14. ORS 285A.340 is amended to read:
285A.340. { - (1) The Legislative Assembly finds that: - }
{ - (a) Small businesses have been the major contributors to
the increase in traded sector jobs in Oregon. - }
{ - (b) Small businesses continue to be a major source of
employment opportunities for Oregon and that this state ought to
encourage the success and growth of small businesses as a means
of providing economic opportunities and jobs for Oregonians. - }
{ - (c) Oregon's women and minority-owned businesses are
underrepresented in the business community. - }
{ - (d) Those small businesses which have at least one
employee and which compete in markets for which national or
international competition exists have the greatest potential for
benefiting the economy of this state. - }
{ - (e) Access to appropriate business assistance services,
rather than the cost of obtaining such services, is a factor
limiting the expansion of many small businesses in this
state. - }
{ - (f) Community-based lending programs are particularly
well suited to meeting the needs of small businesses that are
unable to obtain from private financial institutions the capital
that is necessary for expansion. - }
{ - (g) An effective partnership between state and local
economic development programs is essential to promoting the
development of small businesses in this state. - }
{ - (2) - } The Legislative Assembly { - therefore - }
declares that it is { - the policy of this state and - } the
purpose of ORS 285A.340 to 285A.349 { - , 285B.074, 285B.159 and
285B.162 - } :
{ - (a) - } { + (1) + } To assist the development of small
businesses, with special emphasis on increasing the percentage of
businesses owned by women and members of minority groups;
{ - (b) - } { + (2) + } To encourage competition among
publicly supported small business service providers in order to
supply the most effective, highest quality services to the
greatest number of businesses { + for the most significant long
term outcomes + };
{ - (c) - } { + (3) + } To foster cooperation among state
agencies, state-supported organizations and private sector
entities that provide services to small businesses in order to
best meet the needs of small business clients;
{ - (d) - } { + (4) + } To encourage and support the
formation of private sector organizations, including trade
associations, organizations formed to meet the needs of traded
sector industries and similar groups, to serve the needs of the
small businesses in this state and, to the maximum extent
feasible, to coordinate the small business programs of this state
and of such private sector organizations; and
{ - (e) - } { + (5) + } To provide support for
organizations that encourage and assist the development and
expansion of small businesses in Oregon.
SECTION 15. ORS 285A.346 is amended to read:
285A.346. (1)(a) The Economic and Community Development
Department may purchase business assistance services from public
or private organizations for delivery to small businesses in this
state or may provide grants to public or private organizations to
support, aid, stimulate or otherwise affect the delivery of
business assistance services to small businesses in this state.
(b) For the purposes of ORS 285A.340 to 285A.349, 'business
assistance services' includes:
(A) Basic business training, including elements of accounting,
personnel management, marketing and tax compliance.
(B) Counseling on business needs and problems { + , including
but not limited to specialized assistance with intellectual
property rights, venture and mezzanine financing, federal
research grants, international markets, lean manufacturing and
electronic commerce + }.
(C) Assistance in securing state and federal procurement
contracts.
(D) Assistance in securing Oregon suppliers for goods and
services.
(2) An organization or association that receives state moneys
for the purpose of providing business assistance services to
small businesses shall comply, to the greatest extent feasible,
with the state policies established under ORS 285A.340 to
285A.349.
(3) To the extent that federal laws or regulations impose
requirements that limit the payment of fees by recipients of
business assistance services to small businesses, the Economic
and Community Development Department and the providers of those
services shall apply for waivers of such federal requirements.
SECTION 16. ORS 285A.349 is amended to read:
285A.349. The Economic and Community Development Department
shall evaluate the efficiency and effectiveness of the delivery
of business assistance services to small businesses { - under
ORS 285A.340 to 285A.349 - } .
SECTION 17. ORS 285B.123 is amended to read:
285B.123. { - (1) The Legislative Assembly finds that: - }
{ - (a) Small businesses comprise more than 97 percent of the
business entities in this state. - }
{ - (b) Small businesses provide more than three-quarters of
the private sector jobs in this state. - }
{ - (c) The small business contribution to the economy of
this state exceeds the national average contribution and its
continuance is vital to the economic health and growth of this
state. - }
{ - (d) All national economic indicators establish that the
greatest source of future new jobs is in the small business
sector of the economy. - }
{ - (2) - } { + (1) + } The purpose of the Oregon Small
Business Development Act of 1983 is to encourage and assist the
development and continued growth of small business in this state.
{ - (3) - } { + (2) + } As used in the Oregon Small
Business Development Act of 1983, 'small business' means a
{ - manufacturing - } business having { - 200 - }
{ + 100 + } or fewer employees { - and all other forms of
business having 50 or fewer employees - } .
{ - (4) The provisions of ORS 285B.120 and 657.471 are
intended to assist in carrying out the Oregon Small Business
Development Act of 1983. - }
SECTION 18. ORS 285B.165 is amended to read:
285B.165. { - (1) - } The purpose of ORS 285B.165 to
285B.171 is to establish and sustain a statewide network of small
business development centers.
{ - (2) The Legislative Assembly finds that: - }
{ - (a) It is in the state's interest to help small
businesses develop and improve skills in such areas as marketing,
management and capital formation through a network of small
business development centers; - }
{ - (b) Small business employers create most of the new jobs
in Oregon and are vital to Oregon's long term economic
vitality; - }
{ - (c) Community colleges and state universities can link
small business with college resources, expert resource people in
the business community and other training resources throughout
the state; and - }
{ - (d) Information resources, business counseling and
training assistance in a convenient format support the vitality
of small business. - }
SECTION 19. ORS 285B.168 is amended to read:
285B.168. (1) The Economic and Community Development Department
may make grants available to a community college district, a
community college service district or, with the concurrence of
the Commissioner for Community College Services and the
Chancellor of the Oregon University System, a state university to
assist in the formation, improvement and operation of small
business development centers. If a community college district, a
community college service district or a state university is
unable to adequately provide services in a specific geographic
area, the department may make grants available to other service
providers as determined by the department. The grant application
shall include:
(a) Plans for providing small business owners and managers
individual counseling, to the greatest extent practicable, in
subject areas critical to small business success;
(b) A budget for the year for which a grant is requested,
including cost apportionment among the Economic and Community
Development Department, small business clients, the community
college, state university or other service providers and other
sources; { - and - }
(c) A plan for evaluating the effect of the program on small
business clients served { - . - } { + ; and
(d) A plan for providing collaboration with other state
agencies, state-supported organizations and private sector
entities that provide services to small businesses. + }
(2) The grants made under subsection (1) of this section are to
be used by the grant recipient to provide funds for:
(a) Small business development center staff and support staff;
(b) Expert resource persons from the business community;
(c) Other training and business resources in skill areas for
which, or areas of the state where, the grant recipient can
demonstrate it does not otherwise have the capacity or expertise
to provide the resources; and
(d) Other costs related to providing training, counseling and
business resources to small business clients.
(3) To be eligible for a grant under subsection (1) of this
section, the recipient shall be required to provide funds,
in-kind contributions or some combination of funds and
contributions, in accordance with rules adopted by the Economic
and Community Development Department.
(4) Subject to the approval of the department, a grant
recipient may subcontract funds received under this section to
any other entity that is eligible to receive funding under this
section.
{ + (5) A small business development center shall submit a
report to the department after the distribution of grant funds.
The report shall state whether the plan and related budget have
met the applicable criteria for the grant period.
(6) As used in this section, 'state university' means a state
institution of higher education listed in ORS 352.002. + }
SECTION 20. ORS 285B.174 is amended to read:
285B.174. In cooperation with other state { - and public - }
agencies { + and private organizations + }, state universities
as defined in ORS { - 285B.166 - } { + 285B.168 + } and
community colleges may develop programs to assist Oregon
businesses with the procurement of government contracts and
grants. Small business development centers established under ORS
285B.165 to 285B.171 may assist with these programs.
SECTION 21. ORS 285B.178 is amended to read:
285B.178. As used in ORS 285B.178 to 285B.183:
(1) 'Local microenterprise support organization' means a
community development corporation, a nonprofit development
organization, a nonprofit social services organization or another
locally operated nonprofit entity that provides services to
disadvantaged entrepreneurs.
(2) 'Low income' means income adjusted for family size that
does not exceed:
(a) For metropolitan areas, 80 percent of median income; or
(b) For nonmetropolitan areas, the greater of 80 percent of the
area median income or 80 percent of the statewide nonmetropolitan
area median income.
(3) 'Microenterprise' has the meaning given that term under 15
U.S.C. 6901, as amended and in effect on June 18, 2001.
(4) 'Microentrepreneur' means an individual conducting a
microenterprise.
(5) 'Microlending' means the practice of lending moneys to
microenterprises or microentrepreneurs.
(6) 'Statewide microenterprise support organization' means a
community development corporation, a nonprofit development
organization, a nonprofit social services organization or another
nonprofit entity that serves as an intermediary between the
Economic and Community Development Department and local
microenterprise support organizations.
(7) 'Training and technical assistance' means services and
support offered to microenterprises and microentrepreneurs. '
Training and technical assistance' includes, but is not limited
to, services to enhance business development, { + asset
building, business + } planning, marketing, management skills and
access to financial services.
(8) 'Very low income' means income adjusted for family size
that does not exceed 150 percent of the poverty level determined
under 42 U.S.C. 9902, as amended and in effect on June 18, 2001.
SECTION 22. ORS 285B.179 is amended to read:
285B.179. { - (1) The Legislative Assembly finds that: - }
{ - (a) There is a need to develop and expand businesses in
economically distressed communities in both rural and urban
areas; - }
{ - (b) There is a need to assist Oregonians who are
unemployed, underemployed or in low income jobs; - }
{ - (c) Microenterprises can provide a means for unemployed,
underemployed or low income individuals to find and sustain
productive work; - }
{ - (d) Microenterprises, including self-employment, can
enable people with disabilities to use their management skills to
create and provide products and services, to acquire new skills
in money management and business development and to develop pride
and self-esteem; - }
{ - (e) Microenterprises can provide opportunities for
economically distressed communities to thrive, one
microentrepreneur at a time; - }
{ - (f) Microenterprises, including self-employment and
start-up businesses, are important elements of the Oregon economy
and play a vital role in job creation; - }
{ - (g) There is a lack of access to capital and training and
technical assistance for low income and very low income
microentrepreneurs; - }
{ - (h) Many low income and very low income
microentrepreneurs need microlending services and training and
technical assistance to start, operate or expand their
businesses; - }
{ - (i) Local microenterprise support organizations have
demonstrated cost-effective delivery methods for providing
microlending services and training and technical assistance;
and - }
{ - (j) Local and state charitable foundation support,
federal program funding and private sector support can be
leveraged by a statewide program for development of
microenterprises. - }
{ - (2) - } The purposes of ORS 285B.178 to 285B.183 are to:
{ - (a) - } { + (1) + } Ensure that microenterprises in
Oregon are able to realize their full potential to create jobs,
enhance entrepreneurial skills, expand entrepreneurial activity
and increase the capacity of low income and very low income
households to become self-sufficient;
{ - (b) - } { + (2) + } Enhance the development of a
statewide infrastructure for microenterprise support; and
{ - (c) - } { + (3) + } Enable the Economic and Community
Development Department to engage in contractual relationships
with statewide microenterprise support organizations that have
the capacity to administer grants to local microenterprise
support organizations, subject to ORS 285B.178 to 285B.183, and
to leverage additional funds from sources other than moneys
appropriated from the General Fund.
{ +
COMMUNITY INVESTMENT FUND + }
SECTION 23. { + Sections 24 to 35 of this 2007 Act are added
to and made a part of ORS chapter 285B. + }
SECTION 24. { + (1) The Legislative Assembly finds that:
(a) The improvement, expansion and new construction of the
state's infrastructure, including but not limited to water and
sewage systems, telecommunications systems, industrial and
commercial lands, roads and transportation infrastructure,
provides the basic framework for continuing and expanding
economic development in this state, thereby providing jobs and
economic opportunity for the people of Oregon.
(b) The ports of this state are directly and actively involved
in creating and carrying out the economic development objectives
and programs of the state.
(c) It is essential to maintain usable and developable
industrial and commercial lands in Oregon.
(d) The revitalization of contaminated sites is needed to meet
economic, environmental and social demands and contribute to the
sustainability of the human and natural environment by improving
environmental quality and sustaining ecosystem integrity.
(e) Community development projects are critical components of
comprehensive local economic development strategies, particularly
for rural communities.
(2) Because municipalities, particularly rural and distressed
municipalities, in this state often suffer from a lack of
available financing and technical capacity for these projects, it
is the primary purpose of the Community Investment Fund to
provide financial or other assistance to enable municipalities to
plan, construct and improve those facilities that are essential
for supporting continuing and expanded economic activity and
community development activities. It is the intent of the
Legislative Assembly, by providing that assistance, to stimulate
industrial growth and commercial enterprise and to promote
employment opportunities while protecting human growth and the
environment in Oregon.
(3) Because the majority of Oregon's ports have limited
resources to handle multiple state and federal programs, ports
need assistance to be competitive in national and international
markets and to continue to contribute effectively to economic
development efforts. Port facilities are integral elements of the
transportation infrastructure of this state. The Economic and
Community Development Department shall work:
(a) To promote local cooperation in statewide planning and
development of the ports;
(b) To promote the long term self-sufficiency of the ports;
(c) To encourage cost-effective investments with prudent
financial consideration of port development projects; and
(d) To assist ports in their efforts to expand and respond to
greater domestic and international market opportunities.
(4) Because owners and developers of contaminated properties
continue to face the challenge of expensive environmental
assessment and cleanup costs while banks and other traditional
financing sources remain reluctant to finance these costs, the
department shall provide financial and other assistance necessary
to facilitate redevelopment and productive reuse of brownfield
properties.
(5) Because private landowners incur costs associated with
state and federal regulations that affect their ability to
develop property to stimulate industrial growth and commercial
enterprise and to promote employment opportunities, it is the
purpose of sections 25 to 35 of this 2007 Act to provide
financial and other assistance to nonmunicipal applicants to
assist with the development of industrially or commercially zoned
property.
(6) Moneys in the Community Investment Fund shall be used
primarily to provide loans for projects. The department shall
establish by rule the circumstances under which a grant or loan
or another form of financial assistance will be awarded to an
eligible applicant. The department is authorized to determine the
level and form of financial assistance, if any, on an individual
case basis. + }
SECTION 25. { + As used in sections 25 to 35 of this 2007 Act,
unless the context requires otherwise:
(1) 'Applicant' means a municipal or nonmunicipal entity that
submits a funding request to the Economic and Community
Development Department for a project.
(2) 'Brownfield' or 'brownfields' means real property where
expansion or redevelopment is complicated by actual or perceived
environmental contamination.
(3) 'Municipal development project' means a municipal project
resulting in a construction project.
(4) 'Municipality' means an Oregon city or county, a port, a
county service district organized under ORS chapter 451, a
district as defined in ORS 198.010, a tribal council of a
federally recognized Indian tribe in this state or an airport
district organized under ORS chapter 838.
(5) 'Municipal project' means a project for the acquisition,
improvement, construction, demolition or redevelopment of
utilities owned by municipalities, in particular water and
wastewater systems and components buildings, land, transportation
facilities or other facilities that assist the economic and
community development of the municipality or planning project
activities that the department determines are necessary or
useful. A municipal project must be owned and operated by the
municipality or operated under a management contract or under an
operating agreement with the municipality.
(6) 'Nonmunicipal applicant' means any person, combination of
persons or legally incorporated nonprofit or for-profit
organization applying for an eligible nonmunicipal project.
(7) 'Port' means any port formed pursuant to ORS 777.005 to
777.725 and 777.915 to 777.953 and the Port of Portland formed
pursuant to ORS chapter 778.
(8) 'Port project' means a project sponsored by a port and
authorized under ORS 777.105 to 777.258, including engineering,
acquisition, improvement, rehabilitation, construction,
preproject-to-project planning necessary to carry out the project
and including ports planning and marketing projects for planning
and marketing project activities necessary for improving a port's
capability to carry out its authorized functions and activities
relating to economic development, transportation, trade and
commerce.
(9) 'Project' means a municipal or nonmunicipal project.
(10) 'Rural community' has the meaning given that term in ORS
285A.010.
(11) 'Safe drinking water project' means a project for
constructing or improving a drinking water system or a water
development project, as defined in ORS 541.700 (6)(a), (b) and
(d) to (f), that is owned and operated by a municipality.
(12) 'Wastewater system improvement project' means a project
for constructing or improving a system for wastewater collection
or treatment, including storm drainage systems.
(13) 'Water project' means a safe drinking water project or a
wastewater system improvement project. + }
SECTION 26. { + (1) There is created within the State Treasury
the Community Investment Fund, separate and distinct from the
General Fund. All moneys credited to the Community Investment
Fund are appropriated continuously to the Economic and Community
Development Department.
(2) The fund shall consist of all moneys credited to the fund,
including:
(a) Moneys appropriated to the fund by the Legislative
Assembly;
(b) Earnings on the fund;
(c) Repayment of financial assistance, including interest;
(d) Moneys received from other state agencies or local
governments;
(e) Bond proceeds as authorized by sections 24 to 29 of this
2007 Act or other law; and
(f) Moneys from any other source that enhance program
development by increasing the availability of funding sources,
including but not limited to grants and gifts.
(3) Moneys in the Community Investment Fund, with the approval
of the State Treasurer, may be invested as provided in ORS
293.701 to 293.820 and the earnings from the investments shall be
credited to the accounts in the Community Investment Fund
designated by the department.
(4) The department may establish other accounts within the
Community Investment Fund for the payment of project costs,
reserves, debt service payments, credit enhancement,
administrative costs and operation expenses or any other purpose
necessary to carry out the purposes in section 24 of this 2007
Act.
(5) The department shall administer the Community Investment
Fund. + }
SECTION 27. { + (1) The Economic and Community Development
Department shall establish by rule standards and maximum amounts
for the awarding of grants and loans from the Community
Investment Fund. The moneys in the fund shall be used primarily
to provide loans to eligible applicants for projects as defined
in section 25 of this 2007 Act. The department may determine the
level of grant or loan funding, if any, on an individual case
basis. The department shall by rule adopt standards for awarding
grants from the fund. The standards may include the award of
grants as a financial incentive to accomplish the goals of the
fund, to address special circumstances of an eligible project or
to address the financial need of an applicant.
(2) The department may, directly or indirectly, grant, expend
or loan moneys or extend credit to:
(a) Provide any form of financial or other assistance to
municipalities with a project including the refinancing of
temporary project financing.
(b) Purchase goods or services related to a project on behalf
of the municipality.
(c) Provide state funds as a match for federal funds.
(d) Finance administrative costs of the department pursuant to
section 28 of this 2007 Act.
(e) Provide annual grants on behalf of a municipality in the
form of partial repayment to bondholders of amounts owed.
(f) Purchase or buy out superior or prior liens or mortgages
on, or a security interest in, any nonmunicipal brownfields
project financed in whole or in part by a loan from the fund,
when the department determines:
(A) That a loan from the fund is in default and is in
liquidation or at risk of being forced into liquidation by
another creditor to the project;
(B) That action is necessary to maintain or enhance the value
of the department's collateral in the project; and
(C) That the amount of the purchase or buyout of superior or
prior liens or mortgages does not exceed $1 million.
(g) Cover contracts that are issued to guaranty any portion of
the obligation of a municipality to finance a development project
and that are not sold to the state. Guaranty contracts under this
paragraph shall be payable solely from moneys in the fund and may
not constitute a debt or obligation of the state. The department
may, on behalf of the state, establish a special account in the
fund and commit to deposit into the account specified portions of
existing and future allocations to the fund. The department
shall make the commitment by rule. The commitments constitute
covenants of the state for the benefit of the owners of
obligations guaranteed by the state pursuant to this section.
(h) Finance brownfields projects by eligible applicants.
(3) Notwithstanding the provisions in subsection (2) of this
section, the department may expend or loan moneys to improve the
economic viability of the community by nonmunicipal applicants
for the following project types:
(a) Planning and technical assistance activities necessary to
improve industrially and commercially zoned sites.
(b) Environmental mitigation activities, including but not
limited to wetland, riparian and habitat mitigation conducted to
comply with environmental laws. + }
SECTION 28. { + (1) The Economic and Community Development
Department may provide financial or other assistance to an
eligible applicant for projects that qualify for assistance as
follows:
(a) If the project is a municipal planning project that
consists of:
(A) The purchase or acquisition of land by the municipality and
no other activity, the land must be identified in the applicable
land use or capital plan as necessary for a potential development
project or be zoned solely for commercial or industrial use.
(B) A privately owned railroad, the railroad must be designated
by the owner and operator as subject to abandonment within three
years, pursuant to federal law governing abandonment of common
carrier railroad lines.
(C) A telecommunications system, the governing body of the
municipality shall adopt a resolution, after a public hearing,
finding that the proposed telecommunications project is necessary
and would not otherwise be provided by a for-profit entity within
a reasonable time and for a reasonable cost.
(b) If the project is a regional water or wastewater system
planning project, the plan must examine methods by which the
region improves efficiencies and conservation to the benefit of
the region's economic and community development and the plan must
be approved by the applicable regulatory agencies.
(c) If the project is an energy system, the municipality and
the serving utility must execute an ownership and operating
agreement for the proposed energy system. This subsection does
not apply when the energy system will be located within the
recognized service territory of the municipality.
(d) If the project is a privately owned industrial lands
project as defined by the department by rule:
(A) The lands must be for sale or lease;
(B) The municipality must agree that development of the
property provides substantial economic benefit to the community;
and
(C) The municipality and the property owner must agree that the
property will remain industrially zoned for a minimum of five
years after completion of the project.
(e) If the project is for environmental remediation associated
with development of industrial lands as defined by the department
by rule, activities must be coordinated with the appropriate
regulatory agencies and must satisfy all state and federal
regulatory requirements.
(f) If the project is a brownfields project, the project must
be for the completion of an environmental action and provide
substantial public benefit. The department shall assist municipal
and nonmunicipal applicants to redevelop brownfields and shall
develop procedures to ensure that projects receiving loans or
grants under this subsection are coordinated with all applicable
regulatory agencies.
(g) If the project is a community assistance project, the
community assistance project must be a community development
activity that is project development or capacity building or that
can demonstrate through an investment that will advance a
recognized economic development strategy through direct technical
assistance. The investment must take place in and primarily
benefit a rural community.
(h) If a project is sponsored by a port, the project may
qualify for funding from the fund for ports projects or for
municipalities generally. Eligible projects include planning and
marketing assistance to improve a port's capability to carry out
authorized port functions and activities relating to economic
development, transportation, trade or commerce. The department
shall give priority to regional or cooperative projects, to
projects that leverage other marketing efforts by the state or
local government units and to the development of strategic
business, marketing or financial plans for ports or updates to
plans that are required to keep the plans current for five years.
Ports are required to develop and adopt strategic business plans
acceptable to the department as a condition for obtaining state
funding assistance through the department. The department shall
establish a date for ports to obtain state funding assistance.
The department may not fund any program that subsidizes regular
port operating expenses.
(i) If a project is for technical assistance to a new
municipality or for a significant expansion of an existing
municipality to address economic development, the fund may be
used for analysis of eligible infrastructure development needs as
defined by the department by rule and for land requirements for
industrial development.
(j) If the project is a water or wastewater project, the
project must be for construction or improvement of a drinking
water system, a wastewater system, a storm water system or a
water development project that is owned and operated by a
municipality.
(2) The department may not use funds to provide assistance for:
(a) Projects that primarily focus on relocating business or
economic activity from one part of the state to another, except
in cases where the business or economic activity would otherwise
be located outside of the state; or
(b) Ongoing operations or maintenance expenses. + }
SECTION 29. { + (1) The Economic and Community Development
Department shall adopt rules and policies for the administration
of the Community Investment Fund. All forms of assistance are
subject to the rules and policies of the department.
(2) The department shall allocate moneys in the fund for the
following types of projects that also meet the qualifications of
section 28 of this 2007 Act:
(a) Water and wastewater projects;
(b) Infrastructure projects;
(c) Matching funds for federal projects;
(d) Private industrial land development projects;
(e) Ports projects;
(f) Brownfields redevelopment projects;
(g) Community facilities projects;
(h) Community assistance projects; and
(i) Other projects.
(3)(a) The Oregon Economic and Community Development
Commission, through public process, at least once each biennium,
shall establish by rule a targeted percentage of the unencumbered
fund balance for awards for specific project types or eligible
applicants.
(b) The department shall establish a minimum percentage of the
awards for water and wastewater projects, ports projects and
ports planning and marketing projects.
(c) The department shall establish a minimum percentage of
awards for grants to rural and distressed communities.
(d) The department shall establish a minimum percentage of
awards for use by nonmunicipal applicants.
(4) The department shall manage the fund and any expenditures
from the fund's accounts and transfers between the fund's
accounts so that the fund provides a continuing source of
financing for projects consistent with section 28 of this 2007
Act. The department shall establish a maximum percentage
available for grants.
(5) The department may commit moneys in the fund or reserve
future income to the fund for disbursal in future years under
this section. The department may commit or reserve moneys only
after:
(a) Allowing for contingencies;
(b) Finding that there will be sufficient unobligated net
income to the fund to make future payments, consistent with the
financial requirements of subsections (3) and (4) of this
section; and
(c) Providing in any contract for the commitment that the
liability of the state to make annual payments is contingent upon
the availability of moneys in the fund.
(6) In assisting with projects, the department shall cooperate
to the maximum extent possible with other state and federal
agencies.
(7) An eligible applicant may apply for financial or other
assistance from the fund by submitting a completed application
and related information as required by the department by rule.
The application shall be filed, reviewed and approved or rejected
in accordance with rules adopted by the department.
(8)(a) If the department approves assistance from the fund for
a project, the department, on behalf of the state, and the
eligible applicant may enter into a contract to implement the
assistance. The contract shall include:
(A) A provision that the liability of the state under the
contract is contingent upon the availability of moneys in the
fund for use in the project;
(B) If any portion of the assistance is in the form of a loan
or the purchase of a bond of a municipality, a provision granting
the department a lien on or a security interest in the collateral
as determined by the department to be necessary to secure
repayment of the loan or bond; and
(C) Other provisions as the department considers necessary or
appropriate to implement the assistance.
(b) When the department approves financial assistance under
sections 25 to 35 of this 2007 Act for a project, the department
shall pay moneys for the project from the fund in accordance with
the terms of the contract.
(c) Notwithstanding any other provision of law or any
restriction on indebtedness contained in a charter, a
municipality may borrow from the fund by entering into a contract
with the department. The contract may be repaid from:
(A) The revenues of the project, including special assessment
revenues;
(B) Amounts withheld under subsection (9) of this section;
(C) The general fund of the municipality; or
(D) Any other source.
(d) A contract authorized under paragraph (c) of this
subsection shall be authorized by an ordinance, order or
resolution adopted by the governing body of the municipality.
(e) The loan term may not exceed the usable life of the project
or 25 years from the year of project completion, whichever is
less.
(f) Except as otherwise limited by this section, not more than
100 percent of the total cost of a project, including capitalized
interest, may be financed from the fund.
(9)(a) If a recipient fails to comply with a contract entered
into under sections 25 to 35 of this 2007 Act, the department may
seek appropriate legal remedies to secure any repayment due to
the fund. If any recipient defaults on payments due to the fund
under sections 25 to 35 of this 2007 Act, the state may withhold
any amounts otherwise due to the recipient to apply to the
indebtedness. The department may waive the right to withhold.
(b) Moneys withheld under paragraph (a) of this subsection
shall be deposited in the fund and shall be used to repay any
account in the fund from which funds were expended to pay
obligations upon which the recipient defaulted. + }
SECTION 30. { + (1) The Economic and Community Development
Department shall by rule adopt standards to determine eligibility
for revenue bond financing under sections 30 to 34 of this 2007
Act of development projects that have qualified under sections 25
to 35 of this 2007 Act.
(2) Upon determining that a development project is eligible for
revenue bond financing under sections 30 to 34 of this 2007 Act,
the department shall forward a request for the issuance of
revenue bonds to the State Treasurer, who shall determine whether
to issue revenue bonds.
(3) When a project is determined to be eligible for revenue
bond financing under sections 30 to 34 of this 2007 Act, bond
proceeds may be used to pay allowable costs including:
(a) Financing costs, including capitalized interest;
(b) Direct project management costs;
(c) Costs of consultant services and expenses;
(d) Construction costs and expenses;
(e) Costs of property acquisition, including any easement or
right of way directly related to and necessary for the project;
(f) Costs of acquiring off-site property for purposes directly
related to the project, such as wetland mitigation; and
(g) Other costs that the department determines to be necessary
or useful.
(4) Administrative expenses of the department in processing
applications and investigating proposed projects and bond sales
may not be derived from bond proceeds.
(5) The department may pledge all or any portion of the
existing or future assets and receipts of the Community
Development Fund to pay debt service on bonds issued pursuant to
sections 30 to 35 of this 2007 Act. The pledge shall take effect
immediately, without delivery of the pledged funds to third
parties, and the lien of the pledge shall be superior to all
other liens of any nature.
(6) The department is authorized to establish separate accounts
within the fund for separate bond issues. + }
SECTION 31. { + In addition to any other powers granted by law
in relation to a development project, the Economic and Community
Development Department, acting through the State Treasurer or
designee may:
(1) Make all contracts, execute all instruments and do all
things necessary or convenient in the exercise of the powers
granted by this section, or in the performance of its covenants
or duties, or in order to secure the payment of its bonds;
(2) Enter into and perform contracts and agreements with
municipalities as the department may consider proper and feasible
for, or concerning the planning, construction, installation,
lease or other acquisition and the financing of, projects; and
(3) Enter into covenants for the benefit of bond owners
regarding the use and expenditure of moneys in the Community
Investment Fund. + }
SECTION 32. { + If the State Treasurer determines that revenue
bonds should be issued:
(1) The State Treasurer may authorize and issue in the name of
the State of Oregon revenue bonds secured by moneys paid to the
Community Investment Fund pledged therefor to finance or
refinance in whole or part the cost of acquisition, construction,
reconstruction, improvement or extension of development projects.
The bonds shall be issued in the manner prescribed by ORS chapter
286, and refunding bonds may be issued to refinance the revenue
bonds.
(2) The State Treasurer shall designate the underwriter and
enter into appropriate agreements with the underwriter to carry
out the provisions of sections 26 to 30 of this 2007 Act. The
Economic and Community Development Department, with the approval
of the State Treasurer, shall designate the trustee and enter
into appropriate agreements with the trustee to carry out the
provisions of sections 26 to 30 of this 2007 Act. The department
may appoint bond counsel as authorized by ORS 288.523, or the
State Treasurer may enter into an agreement with bond counsel if
the services provided under the agreement comply with the
provisions of ORS 288.523 and the appointment is approved by the
Attorney General as required by ORS 288.523. The department may
not make an appointment or enter into an agreement under this
subsection unless the State Treasurer has reviewed and approved
the terms and conditions of the appointment or agreement. ORS
279A.140 does not apply to any appointment or agreement described
in this subsection. + }
SECTION 33. { + (1) ORS 285B.350 to 285B.362 and 285B.368
apply to revenue bonds issued under sections 30 to 34 of this
2007 Act.
(2) The proceeds of revenue bonds issued and sold under
sections 30 to 34 of this 2007 Act shall be deposited in the
Community Investment Fund and used for the payment of a loan to a
municipality for a development project and costs of issuing the
revenue bonds.
(3) A loan made with money derived from the sale of revenue
bonds under this section shall be made as other loans under
sections 30 to 34 of this 2007 Act are made, except that the loan
contract shall set forth a schedule of payments that may not
exceed the usable life of the contracted project. + }
SECTION 34. { + (1) Revenue bonds issued under sections 30 to
34 of this 2007 Act:
(a) Shall not be payable from nor charged upon any funds other
than the revenue pledged to the payment thereof, except as
provided in this section, nor shall the state be subject to any
liability thereon. No holder or holders of such bonds shall ever
have the right to compel any exercise of the taxing power of the
state to pay any such bonds or the interest thereon, nor to
enforce payment thereof against any property of the state except
those moneys pledged therefor in the Community Investment Fund,
under the provisions of sections 25 to 30 of this 2007 Act.
(b) Shall not constitute a charge, lien or encumbrance, legal
or equitable, upon any property of the state, except those moneys
paid to the Special Public Works Fund.
(2) A bond shall not constitute a debt of the state or a
lending of the credit of the state within the meaning of any
constitutional or statutory limitation. + }
SECTION 35. { + (1) Notwithstanding any other law relating to
revenue bonds issued and sold under sections 30 to 34 of this
2007 Act, revenue bonds may be issued and sold as parity bonds.
(2) Proceeds of revenue bonds issued and sold under sections 30
to 34 of this 2007 Act or ORS 285B.572, 285B.575 and 285B.578,
together with the investment earnings thereon, may be
consolidated into one or more funds or accounts and may be
pledged to the holders of revenue bonds issued to finance water
projects or development projects.
(3) Any loan to a municipality made pursuant to sections 25 to
35 of this 2007 Act, including loans funded in whole or in part
with the proceeds of revenue bonds and loans funded with moneys
in the Community Development Fund, may be pledged to the holders
of revenue bonds issued to finance water projects or development
projects.
(4) Funds or accounts established by the Economic and Community
Development Department or the State Treasurer in connection with
the issuance of revenue bonds under sections 30 to 34 of this
2007 Act and moneys held in the funds and accounts, together with
the investment earnings thereon, may be consolidated into one or
more funds or accounts and may be pledged to the holders of
revenue bonds issued to finance water projects or development
projects. + }
SECTION 36. { + On the effective date of this 2007 Act, the
unexpended balances of amounts in the Brownfields Redevelopment
Fund created by ORS 285A.188, the Oregon Port Revolving Fund
created by ORS 285A.708, the Rural Investment Fund created by ORS
285B.254, the Special Public Works Fund created by ORS 285B.455,
the Water Fund created by ORS 285B.563 and the Port Planning and
Marketing Fund created by ORS 285A.709 are transferred to the
Community Investment Fund or accounts, if any, within the
Community Investment Fund as designated by the Director of the
Economic and Community Development Department. + }
SECTION 37. { + (1) On and after the effective date of this
2007 Act, all repayments of financial assistance provided from
the Brownfields Redevelopment Fund, the Oregon Port Revolving
Fund, the Rural Investment Fund, the Special Public Works Fund,
the Water Fund or the Port Planning and Marketing Fund shall be
credited to the Community Investment Fund, or to accounts, if
any, within the Community Investment Fund, as designated by the
Director of the Economic and Community Development Department.
(2) Nothing in sections 25 to 35 of this 2007 Act relieves a
person of a liability, duty or obligation accruing under the
Brownfields Redevelopment Fund, the Oregon Port Revolving Fund,
the Rural Investment Fund, the Special Public Works Fund, the
Water Fund or the Port Planning and Marketing Fund. The Economic
and Community Development Department may undertake the collection
or enforcement of the liability, duty or obligation.
(3) The rights and obligations of the department legally
incurred under contracts, leases and business transactions
executed, entered into or begun before the operative date of this
2007 Act and accruing under or with respect to the duties,
functions and powers exercised under authority of the Brownfields
Redevelopment Fund, the Oregon Port Revolving Fund, the Rural
Investment Fund, the Special Public Works Fund, the Water Fund or
the Port Planning and Marketing Fund continue in the department
on and after the operative date of this 2007 Act. + }
SECTION 38. { + Sections 36 and 37 of this 2007 Act are
repealed on June 30, 2009. + }
{ +
BUSINESS DEVELOPMENT PROJECTS + }
SECTION 39. ORS 285B.050 is amended to read:
285B.050. As used in ORS 285B.050 to 285B.098, unless the
context requires otherwise:
{ + (1) 'Applicant' means any county, municipality, person or
any combination of counties, municipalities or persons applying
for a loan from the Oregon Business Development Fund under ORS
285B.050 to 285B.098. + }
{ - (1) - } { + (2) + } 'Business development project'
means the acquisition, engineering, improvement, rehabilitation,
construction, operation or maintenance of any property, real or
personal, that is used or is suitable for use by an economic
enterprise and that will result in, or will aid, promote or
facilitate, development of one or more of the following
activities:
(a) Manufacturing or other industrial production;
(b) Agricultural development or food processing;
(c) Aquacultural development or seafood processing;
(d) Development or improved utilization of natural resources;
(e) Convention facilities and trade centers;
(f) Transportation or freight facilities; and
(g) Other activities that represent new technology or type of
economic enterprise the Oregon Economic and Community Development
Commission determines is needed to diversify the economic base of
an area but not including:
(A) Construction of office buildings, including corporate
headquarters; and
(B) Retail businesses, shopping centers or food service
facilities.
{ + (3) 'Collateral' has the meaning given that term in ORS
79.0102 for property subject to a security interest. + }
{ - (2) - } { + (4) + } 'Commission' means the Oregon
Economic and Community Development Commission established under
ORS 285A.040.
{ + (5) 'County' means any county or federally recognized
Oregon Indian tribe.
(6) 'Emerging small business' has the meaning given that term
by ORS 200.005. + }
{ - (3) - } { + (7) + } 'Fund' means the Oregon Business
Development Fund.
{ - (4) 'Collateral' has the meaning given that term in ORS
79.0102 for property subject to a security interest. - }
{ + (8) 'Local development group' means any public or private
corporation that has as one of its primary purposes, as stated in
its articles of incorporation, charter or bylaws, the promotion
of economic development in any part of the State of Oregon. + }
{ - (5) - } { + (9) + } 'Municipality' means any city,
municipal corporation or quasi-municipal corporation.
{ - (6) - } { + (10) + } 'Person' means any individual,
association of individuals, joint venture, partnership or
corporation.
{ - (7) 'Local development group' means any public or private
corporation which has as one of its primary purposes, as stated
in its articles of incorporation, charter or bylaws, the
promotion of economic development in any part of the State of
Oregon. - }
{ - (8) 'Applicant' means any county, municipality, person or
any combination of counties, municipalities or persons applying
for a loan from the Oregon Business Development Fund under ORS
285B.050 to 285B.098. - }
{ - (9) 'Owned and operated by women and minorities' means,
with regard to any specific business enterprise, the ownership or
control of more than 50 percent of the units of proprietary or
ownership interest in that business enterprise by individuals who
are women or minority individuals, as defined by ORS 200.005. - }
{ - (10) 'Emerging small business' has the meaning given that
term by ORS 200.005. - }
{ - (11) 'County' means any county or federally recognized
Oregon Indian tribe. - }
SECTION 40. ORS 285B.053 is amended to read:
285B.053. (1) Any county, municipality, person or any
combination of counties, municipalities and persons may file with
the Oregon Economic and Community Development Commission an
application to borrow money from the Oregon Business Development
Fund for a business development project as provided in ORS
285B.050 to 285B.098. The application shall be filed in such a
manner and contain or be accompanied by such information as the
commission may prescribe.
(2) Any applicant receiving a loan from the { - Oregon
Business Development - } fund shall { - annually - } report
to the Economic and Community Development Department the
estimated number of jobs
{ - created as a result of - } { + affected by + } the
business development project financed under ORS 285B.050 to
285B.098. { - The reporting requirement under this section
shall continue for five years following the receipt of the loan
proceeds or for the life of the loan, whichever period is longer.
Agreement to comply with the requirements of this section shall
be a condition for obtaining a loan from the Oregon Business
Development Fund. - }
SECTION 41. ORS 285B.056 is amended to read:
285B.056. { - (1) Upon receipt of an application under ORS
285B.053, the Oregon Economic and Community Development
Commission shall determine whether the plans and specifications
for the proposed business development project set forth in or
accompanying the application are satisfactory. If the commission
determines that the plans and specifications are not
satisfactory, it shall: - }
{ - (a) Reject the application with a written statement of
the reason for that rejection; or - }
{ - (b) Require the applicant to submit additional
information of the plans and specifications as may be
necessary. - }
{ - (2) The commission shall charge and collect from the
applicant, at the time the application is filed, a fee not to
exceed $100. Moneys referred to in this subsection shall be paid
into the Oregon Business Development Fund. - } { + The Oregon
Economic and Community Development Commission shall charge fees
and establish rules to underwrite loans from the Oregon Business
Development Fund. + }
SECTION 42. ORS 285B.059 is amended to read:
285B.059. (1) The Oregon Economic and Community Development
Commission may approve a business development project proposed in
an application filed under ORS 285B.050 to 285B.098 if, after
investigation, { - it - } { + the commission + } finds that:
(a) The proposed business development project is feasible and a
reasonable risk from practical and economic standpoints, and the
loan has reasonable prospect of repayment.
(b) { + In the sole determination of the commission, + } the
applicant can provide good and sufficient collateral for the
loan.
(c) Moneys in the Oregon Business Development Fund are or will
be available for the proposed business development project.
(d) There is a need for the proposed business development
project, and the applicant's financial resources are adequate to
ensure success of the project.
(e) The applicant has not received or entered into a contract
or contracts exceeding $1 million with the commission, under
authority of ORS 285B.050 to 285B.098, for the previous 365 days
{ - , nor is there an amount equal to 20 percent of the total
value of the fund in outstanding loans with the commission at any
one time for business development projects located in the same
county as the proposed project. However, nothing in this
paragraph prevents the commission from making a loan to an
emerging small business, as provided in subsection (6) of this
section, for a project in a distressed area or making a loan of
less than $100,000, as provided in ORS 285B.080 - } .
{ - (2) Preference shall be given to a business development
project which has a high ratio of employment to the amount of
money sought to be borrowed from the Oregon Business Development
Fund, which benefits businesses with fewer than 50 employees or
which is located within a rural or distressed area of the state.
Consideration also shall be given to the extent of participation
by local development groups, and the availability and cost of
money to the applicant from, or through, commercial lending or
financial institutions, or other financial sources, inasmuch as
the Oregon Business Development Fund is intended to complement,
not supplant, other sources of money for economic
development. - }
{ - (3) - } { + (2) + } The total amount of moneys loaned
from the fund for any business development project shall not
exceed 50 percent of the cost of the project. { - Working
capital equity contributed by the applicant or a related party
shall not be included in the calculation of total project
costs. - }
{ - (4) - } { + (3) + } Except { - in cases where - }
{ + when + } the applicant is a county or municipality { + or
when there are payments other than the scheduled principal and
interest payments + }, no money shall be loaned from the fund for
any business development project unless there exists a commitment
from a commercial or private lender, or a local development
group, to participate in the financing of the project.
{ - (5) - } { + (4) + } To encourage private sector and
local development group participation in the financing of
business development projects, the commission may subordinate the
security position of the fund to that of other lenders.
{ - (6) - } { + (5) + } In each fiscal year of a biennium,
not less than 15 percent of all moneys available for lending from
the { - Oregon Business Development - } fund are reserved for
loans to certified emerging small business enterprises which are
located in or draw their workforces from within distressed areas
as determined by the Economic and Community Development
Department in cooperation with the Employment Department of this
state. Any amounts reserved for loans to such businesses that are
not loaned in one fiscal year shall be added to the amount
reserved for loans to such businesses in the subsequent fiscal
year. If the Economic and Community Development Department is
unable to obtain a sufficient number of approvable applications
to meet the requirements of this subsection, it may,
notwithstanding the limitations imposed by
{ - ORS 285B.050 (1)(g)(B) - } { + ORS 285B.050
(2)(g)(B) + }, make loans to service and retail businesses
operated by certified emerging small business enterprises.
{ - (7) In the operation of the Oregon Business Development
Fund, the commission and the department shall, to the maximum
extent feasible and consistent with constitutional limitations,
seek to assure that an amount equal to that specified in
subsection (6) of this section be loaned to businesses owned and
operated by women and minorities. - }
SECTION 43. ORS 285B.062 is amended to read:
285B.062. If the Oregon Economic and Community Development
Commission approves the business development project, the
commission, on behalf of the state, and the applicant may enter
into a loan contract of not more than $1 million, secured by good
and sufficient collateral, which shall set forth, among other
matters:
(1) A plan for repayment by the applicant to the Oregon
Business Development Fund of moneys borrowed from the fund used
for the business development project with interest charged on
those moneys at the rate of not less than one percentage point
more than the prevailing interest rate on United States Treasury
bills, notes or bonds of a comparable term, as determined by the
commission. The repayment plan, among other matters:
(a) Shall provide for commencement of repayment by the
applicant of moneys used for the business development project and
interest thereon no later than one year after the date of the
loan contract or at such other time as the commission may
provide.
(b) May provide for reasonable extension of the time for making
any repayment in emergency or hardship circumstances if approved
by the commission.
(c) Shall provide for such evidence of debt assurance of, and
security for, repayment by the applicant as is considered
necessary by the commission.
(d) Shall set forth a schedule of payments and the period of
loan which shall not exceed the usable life of the contracted
project or 25 years from the date of the contract, whichever is
less, and shall also set forth the manner of determining when
loan payments are delinquent. The payment schedule shall include
repayment of interest which accrues during any period of delay in
repayment authorized by paragraph (a) of this subsection, and the
payment schedule may require payments of varying amounts for
collection of accrued interest.
(e) Shall set forth a procedure for formal declaration of
default of payment by the commission, including formal
notification of all relevant federal, state and local agencies;
and further, a procedure for notification of all relevant
federal, state and local agencies that declaration of default has
been rescinded when appropriate.
{ - (f) May offer a discount not to exceed 10 percent of the
outstanding principal for the early repayment of the entire
outstanding principal of any loan. The commission by rule shall
adopt policies that provide for greater discounts for earlier
repayments and that provide for greater discounts for firms that
have created at least one job per each $15,000 loaned to the firm
from the Oregon Business Development Fund. - }
{ + (f) Shall allow for other forms of payment than principal
and interest payments on loans, to be outlined in administrative
rules. + }
(2) Provisions satisfactory to the commission for field
engineering and inspection, the commission to be the final judge
of completion of the contract.
(3) That the liability of the state under the contract is
contingent upon the availability of moneys in the { - Oregon
Business Development - } fund for use in the business
development project.
(4) Such further provisions as the commission considers
necessary to insure expenditure of the funds for the purposes set
forth in the approved application.
{ - (5) That the commission may institute appropriate action
or suit to prevent use of the facilities of a business
development project financed by the Oregon Business Development
Fund if the applicant is delinquent in the repayment of any
moneys due the fund. - }
SECTION 44. ORS 285B.083 is amended to read:
285B.083. Except as provided in ORS 285B.086, if any business
development project is refinanced or financial assistance is
obtained from other sources after the execution of the loan from
the state, those { - shall be first - } { + may first be + }
used to repay the state, unless provided otherwise by the
committee, if the refinancing or financial assistance applies
only to the business development project authorized and does not
include any subsequent addition, expansion, improvement or
further development.
SECTION 45. ORS 285B.092 is amended to read:
285B.092. (1) There is created within the State Treasury a
revolving fund known as the Oregon Business Development Fund,
separate and distinct from the General Fund. Interest earned by
the fund shall be credited to the fund. Moneys in this fund are
continuously appropriated to the Oregon Economic and Community
Development Commission for the following purposes:
(a) Administrative expenses of the commission in marketing
public business finance, processing applications, investigating
proposed business development projects and servicing outstanding
loans. In any one year, administrative expenses charged under
this paragraph may not be greater than the total revenues
received in that year from fees provided for in subsection (2)(a)
of this section, plus four percent of the total asset value of
the fund.
(b) Payment of loans to applicants under ORS 285B.050 to
285B.098.
(c) Purchase or buyout of superior or prior liens or mortgages
on or a security interest in any business development project
financed in part by a loan from the fund, when the commission
determines:
(A) A loan from the fund is in default and is in liquidation or
at risk of being forced into liquidation by another creditor to
the project; { + and + }
(B) { - Such - } { + The + } action is necessary to
maintain or enhance the value of the commission's collateral in
the project { - ; and - }
{ - (C) The amount of the purchase or buyout of superior or
prior liens or mortgages on that project does not exceed $1
million - } .
(2) The fund created by subsection (1) of this section shall
consist of:
(a) Fees required by ORS 285B.056 { - (2) - } and 285B.068
(2).
(b) Repayment of moneys loaned to counties, municipalities or
persons from the { - Oregon Business Development - } fund,
including interest on those moneys.
(c) Payment of such moneys as may be appropriated to the fund
by the Legislative Assembly.
(d) Moneys obtained from any interest accrued from funds.
(e) Moneys from any grant made to the fund by any federal
agency.
(3) Notwithstanding any other law, if at any time there are
insufficient funds in the Oregon Entrepreneurial Development Loan
Fund established by ORS 285B.758, the Director of the Economic
and Community Development Department may direct the transfer of
unobligated funds from the Oregon Business Development Fund to
the Oregon Entrepreneurial Development Loan Fund. Transfers under
this subsection shall be in amounts necessary to meet the
reasonably foreseeable demand for participation in the
entrepreneurial loan program.
SECTION 46. ORS 285B.093 is amended to read:
285B.093. (1) The Oregon Economic and Community Development
Commission may establish the Oregon Targeted Development Account
as an account within the Oregon Business Development Fund.
(2) { - If the account is established, - } The purpose of
the Oregon Targeted Development Account is to promote cooperation
and foster partnership among the commission, the Economic and
Community Development Department and financial institutions in
Oregon to encourage investment in distressed areas, as defined by
the department.
(3) The { - Economic and Community Development - }
department may make loans from the Oregon Targeted Development
Account in distressed areas without regard to the minimum rate of
interest that is otherwise applicable under ORS 285B.062. The
department may make loans in distressed areas at an interest rate
that is determined by the { - Oregon Economic and Community
Development - } commission.
{ - (4) ORS 285B.059 (2) does not apply to business
development projects financed wholly or in part with moneys from
the Oregon Targeted Development Account. - }
SECTION 47. { + The Economic and Community Development
Department shall develop rules governing repayment of loans to
the Oregon Business Development Fund and collection of moneys
owed the fund. The department may take any action permitted by
statute or rule that the department deems necessary for repayment
of the loan. + }
{ +
CAPITAL ACCESS PROGRAM + }
SECTION 48. ORS 285B.126 is amended to read:
285B.126. As used in ORS 285B.126 to 285B.147, unless the
context requires otherwise:
(1) { + ' Brownfield' or 'brownfields' has the meaning given
that term in section 25 of this 2007 Act.
(2) 'Capital access program' means the program established by
ORS 285B.126 to 285B.147.
(3) 'Environmental action' means activity undertaken to:
(a) Determine whether a release, as defined in ORS 465.200, has
occurred, whether the release poses a significant threat to human
health or the environment or whether additional remedial actions
may be required at the site;
(b) Conduct a feasibility study;
(c) Plan for remedial action or removal; or
(d) Conduct a remedial action or removal.
(4) + } 'Financial institution' means a financial institution,
as defined in ORS 706.008.
{ - (2) - } { + (5) + } 'Loss reserve account' means an
account in the State Treasury or any financial institution
{ - which - } { + that + } is established and maintained by
the Economic and Community Development Department for the benefit
of a financial institution participating in the capital access
program { - established under ORS 285B.126 to 285B.147 - } .
{ - (3) - } { + (6) + } 'Qualified business' means any
person, conducting business for profit or not for profit, that is
authorized to conduct business in the State of Oregon.
{ - (4) - } { + (7) + } 'Qualified loan' means a loan or
portion of a loan made by a financial institution to a qualified
business for any business activity that has its primary economic
effect in Oregon. The term does not include:
(a) A loan for the { + purchase of owner occupied residential
housing or for the + } construction { + , improvement + } or
purchase of residential housing { + owned by the borrower + }.
(b) A loan for purchase of real property that is not used for
the business operations of the borrower.
(c) A loan for the refinancing of an existing loan when and to
the extent that the outstanding balance is not increased.
SECTION 49. ORS 285B.129 is amended to read:
285B.129. { - (1) The Legislative Assembly finds that: - }
{ - (a) There is a persistent shortage of equity capital
available to small businesses in Oregon. - }
{ - (b) Small businesses make important contributions to
economic growth and vitality in this state. - }
{ - (c) Many financial institutions in Oregon are limited in
their ability to provide financing to small but rapidly growing
businesses. - }
{ - (2) - } It is the purpose of ORS 285B.126 to 285B.147 to
establish a capital access program under which the State of
Oregon will provide public fiscal resources to assist Oregon
financial institutions to overcome obstacles and constraints in
meeting the full range of economically sound financing needs of
Oregon businesses.
SECTION 50. ORS 285B.132 is amended to read:
285B.132. (1) The Economic and Community Development Department
may contract with any financial institution for the purpose of
allowing the financial institution to participate in the capital
access program { - established by ORS 285B.126 to 285B.147 - }
.
(2) A contract between the { - Economic and Community
Development - } department and a financial institution under
this section shall provide:
(a) For the creation of a loss reserve account by the
department for the benefit of the financial institution.
(b) That the financial institution, qualified business and the
department will deposit moneys to the credit of the institution's
loss reserve account when the financial institution makes a
qualified loan to a qualified business.
(c) That the department will pay moneys in the loss reserve
account, not exceeding an amount equal to the total amount
credited to the loss reserve account, to the financial
institution to reimburse the institution for any financial loss
incurred as a result of any qualified loan made under the capital
access program established by ORS 285B.126 to 285B.147.
(d) That the liability of the State of Oregon and the
{ - Economic and Community Development - } department to the
financial institution under the contract is limited to the amount
of money credited to the loss reserve account of the institution.
(e) That the financial institution shall provide such
information as the department may require, including financial
information that is identifiable with, or identifiable from, the
financial records of a particular customer who is the recipient
of a qualified loan.
(f) For such other terms as the department may require.
(3) A financial institution is not subject to ORS 192.555 (1)
when the financial institution provides information to the
{ - Economic and Community Development - } department as
required by subsection (2)(e) of this section.
SECTION 51. ORS 285B.135 is amended to read:
285B.135. (1) The Economic and Community Development Department
shall establish a loss reserve account for each financial
institution with which the department makes a contract under ORS
285B.132.
(2) The loss reserve account for a financial institution shall
consist of moneys paid as fees by borrowers and the financial
institution under ORS 285B.138 and moneys transferred to the
account from the Capital Access Fund under ORS 285B.138.
(3) Notwithstanding ORS chapter 293 or 295, the department may
establish and maintain loss reserve accounts with any financial
institution under such policies as the department may adopt. The
department may deposit up to $50,000 per financial institution in
a loss reserve account to encourage a financial institution to
participate in the capital access program. The total amount of
such deposits may not exceed $250,000 per biennium. { + The
department may establish rules to encourage financial
institutions to participate in the capital access program. + }
(4) All moneys in a loss reserve account established under ORS
285B.126 to 285B.147 are the property of the State of Oregon.
{ - (5) The amounts transferred from the Capital Access Fund
to a loss reserve account on behalf of any single qualified
business shall not exceed $150,000. - }
SECTION 52. ORS 285B.138 is amended to read:
285B.138. (1) When a financial institution participates in the
capital access program { - established by ORS 285B.126 to
285B.147 - } , if the financial institution decides to enroll a
qualified loan under the capital access program in order to
obtain the protection against loss provided by its loss reserve
account, the financial institution shall notify the Economic and
Community Development Department of the loan within 30 days after
the loan is made. The notification shall be in writing on a form
prescribed by the department.
(2) When making a qualified loan that will be enrolled under
the capital access program, the financial institution shall
require the qualified business to which the loan is made to pay a
fee of not less than one and one-half percent of the principal
amount of the loan but not more than three and one-half percent
of such principal amount. The financial institution shall also
pay a fee in an amount equal to the fee paid by the borrower. The
financial institution shall deliver the fees collected under this
subsection to the department for deposit in the loss reserve
account for the institution.
(3) When depositing fees collected under subsection (2) of this
section to the credit of the loss reserve account for a financial
institution, the department shall transfer an amount that is not
less than the total amount of the fees paid by the borrower and
the financial institution from the Capital Access Fund to the
loss reserve account for the institution.
SECTION 53. ORS 285B.141 is amended to read:
285B.141. (1) The Economic and Community Development Department
shall establish procedures under which financial institutions
participating in the capital access program
{ - established by ORS 285B.126 to 285B.147 - } may submit
claims for reimbursement for losses incurred as a result of
qualified loan defaults.
(2) Costs for which a financial institution may be reimbursed
from its loss reserve account include loan principal, accrued
interest on the principal, actual and necessary costs of seeking
recovery of the principal amount and interest thereon and any
other related costs.
(3) A financial institution may seek reimbursement of loan
losses prior to the liquidation of collateral from defaulted
loans. The financial institution shall repay its loss reserve
account for any moneys received as reimbursement under this
section if the financial institution recovers moneys from the
borrower or from the liquidation of collateral for the defaulted
loan.
SECTION 54. ORS 285B.147 is amended to read:
285B.147. (1) There is established in the State Treasury,
separate and distinct from the General Fund, the Capital Access
Fund. All moneys in the fund are continuously appropriated to the
Economic and Community Development Department for the purpose of
making payments to loss reserve accounts established under ORS
285B.126 to 285B.147.
(2) Moneys in the Capital Access Fund, with the approval of the
State Treasurer, may be invested as provided by ORS 293.701 to
293.820, and the earnings from such investment shall be credited
to the Capital Access Fund.
(3) The Capital Access Fund shall consist of:
(a) Moneys appropriated to the fund by the Legislative
Assembly.
(b) Interest earned on moneys in the fund.
(c) Moneys returned to the fund from loss reserve accounts or
other sources.
{ + (4) If the department deems retrieval of interest earned
on loss reserve accounts appropriate, the department may transfer
into the fund up to 50 percent of the interest earned on moneys
in loss reserve accounts. + }
{ - (4) - } { + (5) + } The { - Economic and Community
Development - } department may charge administrative costs to
the fund to pay for actual and necessary administrative expenses
incurred by the department in administering the fund and
establishing and maintaining loss reserve accounts under ORS
285B.126 to 285B.147.
{ +
CREDIT ENHANCEMENT FUND + }
SECTION 55. ORS 285B.200 is amended to read:
285B.200. As used in ORS 285B.200 to 285B.218:
{ + (1) 'Brownfield' or 'brownfields' has the meaning given
that term in section 25 of this 2007 Act. + }
{ - (1) 'Department' means the Economic and Community
Development Department. - }
(2) 'Eligible project costs' includes productive equipment and
machinery, working capital for operations and export transactions
and such other costs as the { + Economic and Community
Development + } Department, by rule, may provide.
{ - (3) 'Emerging small business' has the meaning given that
term in ORS 200.005. - }
{ + (3) 'Environmental action' has the meaning given that
term in section 48 of this 2007 Act. + }
(4) 'Financial institution' includes institutions listed in ORS
706.008 and such other institutions defined by rule of the
Economic and Community Development Department as financial
institutions for purposes of ORS 285B.200 to 285B.218.
(5) 'Qualified business' means any existing or proposed
business { - entity with an average annual employment not
exceeding 200 employees - } that, except when located within a
distressed area, as defined by the Economic and Community
Development Department, sells goods or services in markets for
which national or international competition exists or that owns,
occupies, operates or has entered into an agreement to own,
occupy or operate real property containing a brownfield { - , as
defined in ORS 285A.185 - } . The term includes professional
services companies providing services to traded sector industries
and other entities within and outside of this state.
(6) 'Value-added agricultural products' means agricultural
products that have been processed, transformed or refined to the
point where they may be distributed to a final consumer without
further processing, transformation or refining. The term also
includes agricultural products that are processed, transformed or
refined for distribution to other than final consumers when such
processing, transformation or refining represents a substantial
increment in value as determined by the Economic and Community
Development Department in consultation with the State Department
of Agriculture.
SECTION 56. ORS 285B.203 is amended to read:
285B.203. { - (1) The Legislative Assembly finds that: - }
{ - (a) Small and medium sized businesses in general, and
firms that produce value-added agricultural products in
particular, are adversely affected by the current credit
crisis. - }
{ - (b) Small companies have historically had a difficult
time obtaining credit, especially on terms that allow them to
grow and to create jobs. - }
{ - (c) The limited availability of credit for export
transactions limits the ability of small and medium sized
businesses in Oregon to compete in international markets. - }
{ - (d) The challenge for the public economic sector is to
design programs, in conjunction with lending institutions in the
private economic sector, that fill the gaps in credit
availability and export finance. - }
{ - (e) Without substantial financial assistance to promote
redevelopment, properties containing brownfields, as defined in
ORS 285A.185, often remain abandoned or underutilized because of
the uncertainty concerning environmental contamination at the
sites and the cost of reducing or eliminating the
contamination. - }
{ - (2) - } The Legislative Assembly declares that it is the
purpose of the Credit Enhancement Fund { - established under
ORS 285B.215 (1) and (2) - } to:
{ - (a) - } { + (1) + } Create incentives and assistance to
increase the flow of private capital to the value-added
agriculture industries.
{ - (b) - } { + (2) + } Promote industrial modernization
and technology adoption.
{ - (c) - } { + (3) + } Encourage the retention and
creation of family wage jobs.
{ - (d) - } { + (4) + } Encourage the export of goods and
services by Oregon businesses in international markets.
{ - (e) - } { + (5) + } Encourage and promote the
redevelopment of brownfields { - , as defined in ORS
285A.185, - } by providing assistance to perform environmental
action { - , as defined in ORS 285A.188, - } on brownfield
sites.
SECTION 57. ORS 285B.206 is amended to read:
285B.206. (1) The Economic and Community Development Department
shall develop a program under which the department, under
contracts with financial institutions, shall provide loan
guarantees, insurance, coinsurance in conjunction with other
providers of loan guarantee programs or other forms of credit
guarantees for qualified businesses for eligible project costs.
(2) In administering the program created by ORS 285B.200 to
285B.218, the department shall consult and cooperate with
financial institutions in this state. The program shall be
administered so that administrative procedures and application
procedures are as responsive to the needs of qualified businesses
and financial institutions as practicable, consistent with
prudent investment and lending practices and criteria.
(3) The department shall prescribe by rule the loan or credit
guarantee application procedure for a financial institution on
behalf of a qualified business.
(4) When the department approves a loan or credit guarantee,
the department shall enter into a loan or credit guarantee
agreement with the financial institution. The agreement shall
specify:
{ - (a) The fee to be charged to the financial
institution; - }
{ - (b) - } { + (a) + } The evidence of debt assurance of,
and security for, the loan or credit guarantee;
{ - (c) - } { + (b) + } A loan guarantee or credit
guarantee which does not exceed 15 years; and
{ - (d) - } { + (c) + } Such other terms and conditions
considered necessary or desirable by the department.
{ - (5) The department may adopt procedures for loan or
credit guarantees whereby a qualified business may apply directly
to the department for a preliminary guarantee commitment. Such
preliminary guarantee commitments may be issued by the department
subject to the qualified business securing a commitment for
financing from a financial institution. The procedures adopted by
the department shall specify the process by which a financial
institution may obtain a final loan or credit guarantee. - }
SECTION 58. ORS 285B.209 is amended to read:
285B.209. (1) When making loan or credit guarantees under the
program established under { - ORS 285B.206 - } { + ORS
285B.200 to 285B.218 + }, the Economic and Community Development
Department shall establish fees and other terms for loan or
credit guarantees that are calculated to reasonably assure that
businesses with access to other forms of private capital will
find it economical not to participate in the program.
(2) The department, with due regard for the possibility of
losses and administrative costs, shall set fees and other terms
at levels sufficient to reasonably assure that the program is
self-financing.
{ - (3) When making loan or credit guarantees under the
program established under ORS 285B.200 to 285B.218, the
department shall establish fees and other terms for loan or
credit guarantees that are calculated to reasonably assure that
qualified businesses with access to other forms of private
capital will find it economical not to participate in the
program. - }
{ - (4) With due regard for the possibility of losses and
administrative costs, the department shall set fees and other
terms at levels sufficient to reasonably assure that the program
is self-financing. - }
{ - (5) For a preliminary guarantee commitment issued under
ORS 285B.206 (5), the department may charge the qualified
business an application fee. The fee shall be in addition to any
other fees charged by the department under this section and may
not exceed $250 for each application. - }
SECTION 59. ORS 285B.215 is amended to read:
285B.215. (1) There is established in the State Treasury,
separate and distinct from the General Fund, the Credit
Enhancement Fund. All moneys in the fund are continuously
appropriated to the Economic and Community Development Department
for the following purposes:
(a) Payment of claims pursuant to contracts for loan or credit
guarantees under ORS 285B.200 to 285B.218.
(b) Payment of administrative costs of the department for
actual and necessary administrative expenses incurred by the
department in administering the fund and establishing and
maintaining the program established under ORS 285B.200 to
285B.218.
(c) Repayment of transfers of funds required or authorized by
law.
(d) Purchase or buyout of superior or prior liens, mortgages or
security interests.
(2) Moneys in the Credit Enhancement Fund shall consist of:
(a) Moneys appropriated to the fund by the Legislative
Assembly, including moneys derived from the Administrative
Services Economic Development Fund.
(b) Proceeds from collateral assigned to the department.
(c) Interest earned on moneys in the fund.
(d) Transfers of moneys to the fund.
(e) Fees assessed for guarantees, as determined by the
department.
(f) Moneys from gifts.
(g) Moneys from any grant made to the fund by any federal
agency.
(h) Proceeds of insurance provided by the Export-Import Bank of
the United States or by any other provider of insurance for
export transactions.
{ - (3) In each biennium, not less than 20 percent of all
moneys available for loan guarantees from the Credit Enhancement
Fund is reserved for loan guarantees to emerging small
businesses. - }
SECTION 60. ORS 285B.218 is amended to read:
285B.218. (1) The Economic and Community Development Department
is authorized to pledge up to $75 million to assure the repayment
of loan guarantees or other extensions of credit made to or on
behalf of qualified businesses for eligible projects costs.
(2) If the balances in the Credit Enhancement Fund are
insufficient to cover any claims by financial institutions that
arise from loan and credit guarantees made under ORS 285B.200 to
285B.218, the Oregon Department of Administrative Services is
directed to transfer in the fiscal year as often as appropriate
any funds from the Administrative Services Economic Development
Fund to cover such principal, interest and claims, subject to the
condition that no such transfer shall be made prior to the
satisfaction of { + any constitutionally dedicated distribution,
+ }the allocation under ORS 391.130 to the Regional Light Rail
Extension Construction Fund { - and the allocation to the
Department of Environmental Quality for the debt services
described in section 1, chapter 537, Oregon Laws 1993 - } { +
or any allocations related to the lottery bond program authorized
by ORS 286.560 (6)(a) or (b) + }.
{ +
REGIONAL ECONOMIC DEVELOPMENT + }
SECTION 61. ORS 285B.230 is amended to read:
285B.230. As used in ORS 285B.230 to 285B.269, unless the
context requires otherwise:
(1) 'Region' means groups of counties designated by the
Economic and Community Development Department or recognized in a
regional partnership as provided in ORS 285B.236 (3).
(2) 'Regional board' means a board comprised of individuals
described in ORS 285B.242 (1) and jointly appointed by the county
governing bodies of each county in the region to develop, fund,
implement and monitor the achievement of the regional investment
strategy.
(3) 'Regional investment strategy' is a long-term economic
development strategy, updated { - each biennium - } { + every
six years + }, that focuses on the economic development
priorities of each region, including but not limited to:
(a) Supporting communities and populations that have been left
out of Oregon's economic expansion and diversification;
(b) Helping companies that are starting up or are already doing
business in Oregon to compete globally;
(c) Ensuring that economic strategies reinforce Oregon's
long-term prosperity and livability; and
(d) Coordinating efforts of economic development, education and
workforce development.
(4) 'Regional partnership' means a group of regional and
economic development partners, including but not limited to
cities, counties, ports, Indian tribes, special districts,
nonprofit organizations and private organizations, that join
together as a regional partnership in a memorandum of
understanding between the members of the partnership and the
directors of the Department of Transportation, the Economic and
Community Development Department, the Housing and Community
Services Department, the Department of Land Conservation and
Development, the State Department of Agriculture, the Department
of State Lands and the Department of Environmental Quality to
provide a forum for coordination of economic development planning
and investments so that strategies and processes for economic
development are leveraged to the greatest extent possible to meet
agreed-upon priority issues, challenges and goals.
SECTION 62. ORS 285B.236 is amended to read:
285B.236. (1) The Economic and Community Development
Department, by rule, shall adopt guidelines for submission of
regional investment strategies and distribution of funds.
(2) The guidelines shall provide that the regional investment
strategies are approved in accordance with criteria reflecting
the economic benefits to the state. Each regional investment
strategy must at a minimum set forth in measurable terms the
extent to which the strategy will accomplish the economic
development priorities of the region.
(3) The department, in collaboration with counties, shall
establish regions, based on information and advice received from
county governing bodies and on historical, cultural and economic
links among counties. { + Unless there is a recognized regional
partnership, + } a region shall consist of at least two
contiguous counties. For any area in which a regional partnership
is established, the department may accept the regional boundaries
designated by the partnership.
(4) The department shall require each region to examine its
economic development needs.
SECTION 63. ORS 285B.239 is amended to read:
285B.239. { + (1) + } Regional investment strategies shall
serve as a basis for state financial assistance to projects or
activities to meet regional economic development priorities. Each
group of counties that forms a region shall submit a regional
investment strategy that at a minimum shall include the following
elements:
{ - (1) - } { + (a) + } An identification of short-term and
long-term regional economic development priorities;
{ - (2) - } { + (b) + } An analysis of the unique or
significant resources that provide the foundation for the
regional investment strategy;
{ - (3) - } { + (c) + } An analysis of barriers to
implementation of the regional investment strategy and an
identification of the means to overcome those barriers;
{ - (4) - } { + (d) + } A long-term plan to implement the
regional investment strategy, including necessary actions by:
{ - (a) - } { + (A) + } Local governments;
{ - (b) - } { + (B) + } The private sector;
{ - (c) - } { + (C) + } State government; and
{ - (d) - } { + (D) + } Federal government;
{ - (5) - } { + (e) + } A { - two-year - } { +
six-year + } investment strategy that describes projects
{ - and - } { + or + } activities to be undertaken or funded
by the state from lottery proceeds and other sources. For a
region that has a recognized regional partnership under ORS
285B.236, the projects or activities may include investment of
all or part of the moneys received by the region from the
Regional Investment Fund { - or the Rural Investment Fund - }
to provide moneys for the administration or financing of
long-term or future economic development projects or activities;
{ - (6) - } { + (f) + } A plan for involvement of
disadvantaged and minority groups in the region;
{ - (7) - } { + (g) + } Performance measurements for
meeting the objective set forth in ORS 285B.236 (2). Each region
shall develop an evaluation plan, as part of its regional
investment strategy, for measuring and monitoring regional
investment strategy performance. The evaluation plan shall
include regional benchmarks for monitoring achievement of the
regional investment strategies and priorities. When regional
benchmarks are established, regional performance measures shall
be determined after negotiation between the regional board and
the Oregon Economic and Community Development Commission. The
regional performance measures shall include goals for:
{ - (a) - } { + (A) + } Projected long-term and short-term
job creation and retention activities, including the number of
jobs created and retained and wage levels;
{ - (b) - } { + (B) + } Leveraging long-term investments;
and
{ - (c) - } { + (C) + } Maximizing moneys leveraged with
short-term investments;
{ - (8) - } { + (h) + } Periodic submission by the regional
board of performance reports, in a form prescribed by the
Economic and Community Development Department for regional
investment strategies, to the county governing bodies in the
region, the Oregon Economic and Community Development Commission
{ - , the Governor - } and the Legislative Assembly; and
{ - (9) - } { + (i) + } An overall strategy management and
project or activity implementation strategy that demonstrates
that a region has the capacity to allocate resources and insures
that such resources are effectively used.
{ + (2) Each regional board shall include a rural set aside
consistent with the purposes and objectives of the Regional
Investment Fund.
(3) In each biennium, a regional board may dedicate all or a
portion of the monies distributed to the board from the Regional
Investment Fund for technical assistance and staff support for
updating the regional investment strategy and for developing
programs and projects. The regional board shall determine the
amount of moneys dedicated to such purposes. + }
SECTION 64. ORS 285B.242 is amended to read:
285B.242. (1) The governing body of each county of this state
shall be responsible for the submission of a regional investment
strategy as provided in ORS 285B.239. The governing body of a
county shall designate a regional board to develop the regional
investment strategy. The regional board shall consist of
individuals who represent various local interests including
cities, counties, ports, special districts and Indian tribes and
significant representation from the private economic sector. The
regional board shall include members who are representatives of
rural interests, including local government.
(2) The regional board shall be responsible for developing the
regional investment strategy for the region.
(3) The regional board shall hold a public hearing in each
county in the region prior to a vote by the governing bodies of
the counties to recommend to the { - Governor - } { +
Economic and Community Development Department + } the regional
investment strategy described in ORS 285B.239.
(4) In developing the implementation strategy provided for in
ORS 285B.239 { - (5) - } { + (1)(e) + }, a regional board
shall consult with industries, cities, ports, special districts,
regional workforce committees and federally recognized Oregon
Indian tribes located in the region.
(5) A region shall submit the regional investment strategy to
the { - Economic and Community Development - } department for
review by the Oregon Economic and Community Development
Commission. The department shall work with regions to refine
regional investment strategies and ensure compliance with the
requirements of ORS 285B.230 to 285B.269. { - The Oregon
Economic and Community Development Commission shall make
recommendations on approval of the strategy to the Governor for
final approval or shall return the strategy to the regional board
for further modification. - }
(6) The { - Economic and Community Development - }
department shall be responsible for identifying common issues
among regions, developing statewide strategies and organizing
opportunities for regions to address them.
(7) After a regional investment strategy is developed by a
regional board, adopted by the governing bodies of the counties
and approved by the { - Governor - } { + department + }, the
regional board, { - in each biennium - } { + every six
years + }, shall update the strategy and recommend { - a
two-year - } { + the + } implementation strategy. The
implementation strategy shall be adopted by the governing bodies
of the counties after input from the cities, ports, special
districts, Indian tribes, private economic sector and other
parties in the region, shall be reviewed by the Oregon Economic
and Community Development Commission { - and must be approved
by the Governor before taking effect - } .
(8) The Governor may delegate responsibility for review and
approval of a regional investment strategy to a regional
partnership.
SECTION 65. ORS 285B.245 is amended to read:
285B.245. { - (1) After considering the recommendations
submitted, the Governor may adopt a proposed regional investment
strategy or return the strategy to the affected counties for
modification. - }
{ - (2) - } { + (1) + } The Economic and Community
Development Department shall coordinate adopted regional
investment strategies with existing state and local economic
development efforts to support a state strategy for economic
development. Regions using regional investment funds for tourism
or industrial marketing projects must, as a condition for
receiving the funds, demonstrate that the projects complement and
are consistent with existing statewide marketing campaigns. The
department shall work with regions to ensure coordination among
statewide marketing efforts and regional tourism { + , + }
{ - and - } industrial marketing projects { + and industrial
or commercial land development + } funded through the regional
investment program established under ORS 285B.230 to 285B.269.
{ - (3) - } { + (2) + } The department shall discourage
competition among regions for existing Oregon businesses and
economic activity.
SECTION 66. ORS 285B.260 is amended to read:
285B.260. (1) There is created a Regional Investment Fund,
separate and distinct from the General Fund, to consist of all
moneys credited thereto, including moneys from the Administrative
Services Economic Development Fund, and all interest earned on
the Regional Investment Fund. The fund is continuously
appropriated to the Economic and Community Development Department
to be used for grants to implement ORS 171.845, 280.518 and
285B.230 to 285B.269.
(2) The department may use moneys in the Regional Investment
Fund to pay for the administrative expenses of operating the
regional investment program under ORS 285B.230 to 285B.269.
(3) The fund shall not be used to retire any debt { - or
to - } { + , to + } reimburse any person or municipality for
expenditures made or expenses incurred prior to the adoption of a
regional investment strategy { + or to substitute for local
government expenditures for existing and continuing public
services. The department shall adopt rules to carry out the
provisions of this subsection.
(4) After consulting with regional boards and representatives
of rural communities, the department, by rule, shall adopt
standards, objectives and criteria for the use and distribution
of moneys in the Regional Investment Fund.
(5) The Regional Investment Fund is created to provide a
flexible funding source for financing those locally determined
programs and projects that may not be eligible for financing
through other state and federal funding sources + }.
SECTION 67. ORS 285B.263 is amended to read:
285B.263. (1) In each biennium, the Economic and Community
Development Department shall expend moneys from the Regional
Investment Fund for:
(a) Technical assistance and staff support for preparation and
update of regional investment strategies;
(b) Projects or activities implementing an approved regional
investment strategy and implementing priorities described in the
strategy; { - and - }
(c) Personnel necessary to administer the strategies and
projects or activities { - . - } { + ; and
(d) Other activities consistent with the adopted regional
investment strategy in accordance with ORS 285B.239. + }
{ - (2) In each biennium, the Oregon Economic and Community
Development Commission, by rule and in agreement with the
Association of Oregon Counties, League of Oregon Cities and
Oregon Public Ports Association, may provide funds from any
source available to the department to establish strategic
regional investment opportunities consistent with the policies
described in ORS 285B.266. Funding for projects or activities
under this subsection shall be awarded, at the discretion of the
commission, according to the quality of the defined projects or
activities. - }
{ - (3) - } { + (2) + } In each biennium, a regional board
may dedicate a portion of regional investment funds for technical
assistance and staff support for regional investment strategy
development and refinement and development and administration of
regional partnerships. The portion of funds so dedicated shall be
determined by the { + Oregon Economic and Community
Development + } Commission. The commission shall provide regional
boards with these funds prior to approval of regional investment
strategies.
{ - (4) - } { + (3) + } In each biennium, a regional board
may dedicate a portion of regional investment funds to provide
grants or loans to individual private businesses for fixed asset
acquisition. Such funds must be used to make grants and loans
that are consistent with the regional investment strategy and
that support the regional priorities included in the regional
investment strategy. The terms and conditions of grants or loans
to be made under this subsection must be contained in the
regional investment strategy at the time it is submitted for
state review.
{ - (5) - } { + (4) + } After a regional investment
strategy is adopted, the department in each calendar quarter
shall provide regional investment funds, less any moneys used for
technical assistance and staff support for regional investment
strategy development, to the region. Moneys received under this
subsection shall be used for development of projects or
activities based upon an evaluation by the regional board of the
merit and readiness of the projects or activities. Projects and
activities that receive such financial assistance must be
consistent with the priorities of the approved regional
investment strategy.
{ - (6) - } { + (5) + } In each biennium, each regional
board shall submit a report to the Governor and the Legislative
Assembly that describes the expenditure of moneys received under
this section and indicates the success, as defined by specified
performance measurements, of the funded projects or activities in
achieving the regional economic development priorities described
in ORS 285B.236 (2).
SECTION 68. ORS 285B.264 is amended to read:
285B.264. { - (1) Notwithstanding ORS 285B.254 (3),
distributions from the Rural Investment Fund created under ORS
285B.254 and - } The Regional Investment Fund created under ORS
285B.260 shall be evaluated to determine if the regional
investment strategy funded by a distribution has met the criteria
established by the strategy for:
{ - (a) - } { + (1) + } Long-term and short-term job
creation and retention activities, including the number of jobs
created and retained and wage levels;
{ - (b) - } { + (2) + } Leveraging long-term investments;
{ - and - }
{ - (c) - } { + (3) + } Maximizing moneys leveraged with
short-term investments { - . - } { + ; and
(4) The success of other community development projects
funded. + }
{ - (2) The Economic and Community Development Department
shall adopt rules to ensure that future grants to a regional
board are based on the past performance of the board in meeting
the criteria established for the regional investment strategy
described in subsection (1) of this section. - }
{ +
INNOVATION ACCELERATION + }
SECTION 69. { + (1) The Innovation Acceleration Fund is
established in the State Treasury, separate and distinct from the
General Fund. The fund shall consist of all moneys credited to
the fund, including moneys from the Administrative Services
Economic Development Fund. Interest earned by the Innovation
Acceleration Fund shall be credited to the fund. Moneys in the
fund are continuously appropriated to the Economic and Community
Development Department for all of the following purposes:
(a) To provide funds for activities outlined in ORS 285B.286.
(b) To assist Oregon's workforce in meeting the competitive
needs of a global marketplace and in anticipating global
marketplace changes.
(c) To invest in workforce development, including immediate
training and skill development to create 'ready to hire' workers
for identified industry clusters.
(d) To assist traded sector and cluster affiliated Oregon
businesses and consortia in making investments that advance
workplace skills or other identified competitiveness objectives
of existing Oregon cluster businesses.
(2)(a) The fund may not be used:
(A) To retire any debt; or
(B) To pay administrative expenses of the department, except
upon approval of the Legislative Assembly or, if the Legislative
Assembly is not in session, the Emergency Board.
(b) Expenses that are project related may not be considered to
be administrative expenses of the department. + }
{ +
INDUSTRIAL DEVELOPMENT REVENUE BONDS + }
SECTION 70. ORS 285B.320 is amended to read:
285B.320. { - The Legislative Assembly finds that by use of
the powers and procedures described in ORS 285B.320 to 285B.371
for the assembling and financing of lands for industrial, solid
waste disposal, commercial and research and development uses and
for the construction and financing of facilities for such uses,
financed through the issuance of bonds secured solely by the
properties, lease payments, loan payments, rentals or other
financing payments thus made available, the state may be able to
reduce substantially in various counties the occurrence of
economic conditions requiring more expensive remedial action. - }
It is the purpose of ORS 285B.320 to 285B.371 to authorize the
exercise of powers granted by ORS 285B.320 to 285B.371 by this
state in addition to and not in lieu of any other powers it may
possess.
SECTION 71. ORS 285B.323 is amended to read:
285B.323. As used in ORS 285B.320 to 285B.371, unless the
context requires otherwise:
(1) '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.
(2) 'Economic development project' includes any properties,
real or personal, used or useful in connection with a revenue
producing enterprise { - or any solid waste disposal facilities
and - } { + or exempt facilities, exempt persons or + } related
vehicles, rolling stock or equipment. 'Economic development
project' { - shall - } { + 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 adopted under ORS 285A.110.
The commission may treat as a single eligible project for bonding
purposes any number of economic development projects determined
to be eligible projects.
SECTION 72. ORS 285B.326 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 the State Treasurer,
who shall determine whether to issue the bonds.
(2) The commission shall collect { - the - } fees { - set
forth in subsection (3) of this section - } from an applicant
that seeks to have an economic development project declared
eligible for financing { + in accordance with an application fee
schedule established by rule by the Economic and Community
Development Department + }. The fee may be collected even though
the project has not been determined to be eligible for financing.
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 any program it is authorized to
operate.
{ - (3) The fees described in subsection (2) of this section
are as follows: - }
{ - (a) $250 for an application of not to exceed
$500,000. - }
{ - (b) $500 for an application of more than $500,000. - }
{ - (c) A closing fee of not to exceed one-half of one
percent of the total bond issue for the project, as determined by
the commission. - }
{ + (3) The commission may receive reimbursement for
administrative expenses, including but not limited to expenses
for the initial review of the application and later expenses
related to eligible projects. + }
SECTION 73. ORS 285B.329 is amended to read:
285B.329. (1) The state, acting through the State Treasurer,
shall not undertake to finance any economic development project
pursuant to ORS 285B.320 to 285B.371 before the Oregon Economic
and Community Development Commission has reviewed the project
{ - pursuant to standards adopted under ORS 285A.110 - } .
(2) The commission is not required to make the determination
and findings described in ORS 285A.055 (1) and (2) if the
economic development project involves { + exempt facilities + }
{ - a solid waste disposal facility - } and related vehicles,
rolling stock or equipment when the project does not require any
private activity volume cap under ORS 286.605 to 286.645.
{ +
CONFORMING AMENDMENTS + }
SECTION 74. ORS 238.015 is amended to read:
238.015. (1) No person may become a member of the system unless
that person is in the service of a public employer and has
completed six months' service uninterrupted by more than 30
consecutive working days during the six months' period. Every
employee of a participating employer shall become a member of the
system at the beginning of the first full pay period of the
employee following the six months' period. Contributions for new
members shall first be made for those wages that are attributable
to services performed by the employee during the first full pay
period following the six months' period, without regard to when
those wages are considered earned for other purposes under this
chapter. All public employers participating in the Public
Employees Retirement System established by chapter 401, Oregon
Laws 1945, as amended, at the time of repeal of that chapter, and
all school districts of the state, shall participate in, and
their employees shall be members of, the system, except as
otherwise specifically provided by law.
(2) Any active member of the Public Employees Retirement System
who, through the annexation of a political subdivision employing
the member or by change of employment, becomes the employee of
another political subdivision which is participating in the
Public Employees Retirement System and has also a separate
retirement system for its employees, shall remain an active
member of the Public Employees Retirement System unless, within
60 days after the effective date of the annexation or change of
employment or April 8, 1953, the member shall by written notice
to the Public Employees Retirement Board and to the
administrative body of the new public employer elect to
relinquish membership in the Public Employees Retirement System
and become a member of the separate retirement system of the
employer, if eligible for membership in that retirement system,
and the member shall be so carried by the new employer.
Immediately upon such annexation of any political subdivision or
such change of employment, the new public employer shall inform
such employee in writing of the right of the employee to exercise
an election as in this section provided.
(3) A political subdivision (other than a school district) not
participating in the retirement system established by chapter
401, Oregon Laws 1945, as amended, which employs one or more
employees, each of whose position requires 600 hours of service
per year, or an agency created by two or more political
subdivisions to provide themselves governmental services, which
employs one or more employees, each of whose position requires
600 hours of service per year, may, through its governing body,
notify the board in writing, that it elects to include its
employees in the system hereby established. Such public employer
may request the board to make a study and estimate of the cost of
including it and its eligible employees, other than volunteer
firefighters, in the system, which the board thereupon shall
cause to be made and the cost of which the employer shall bear.
Upon completion of the study and estimate the employer may apply
for admission to the system, whereupon it shall begin to
participate therein and its eligible employees other than
volunteer firefighters shall become members of the system. If the
employer is an agency created by two or more political
subdivisions to provide themselves governmental services and
ceases thereafter to transmit to the board contributions for any
of its eligible employees, the benefits based upon employer
contributions to which such employees would otherwise be entitled
shall be reduced accordingly.
(4) No inmate of a state institution or an alien on a training
or educational visa working for any participating employer, even
though the inmate or alien received compensation from a
participating employer, shall be eligible to become a member of
the system. No person employed by a participating employer and
defined by such employer as a student employee is eligible to
become a member of the system for such student employment.
(5) A person holding an elective office or an appointive office
with a fixed term or an office as head of a department to which
the person is appointed by the Governor may become a member of
the system by giving the board written notice of desire to do so
within 30 days after taking the office or, in the event that the
officer is not eligible to become a member of the system at the
time of taking the office, within 30 days after becoming so
eligible. Membership so established shall not be discontinued
during the appointive or elective term of the officer except upon
separation of the officer from service.
(6) A public employer employing volunteer firefighters may
apply to the board at any time for them to become members of the
system. Upon receiving the application the board shall fix a wage
at which, for purposes of this chapter only, they shall be
considered to be employed and which shall be the basis for
computing the amounts of the contributions, if any, which they
pay into, and of the benefits which they and their beneficiaries
receive from, the fund; and if the wage so fixed is satisfactory
to the employer, shall include the firefighters in the system.
(7)(a) In the event that an employee enters the service of a
public employer which is participating in or later begins to
participate in the system and in the event that at the time of
entering that service or at the time that the employer begins to
participate in the system the employee has commenced to purchase
and is continuing to purchase a retirement annuity, if the
employer deems the annuity adequate for the purposes of this
chapter, it may enter into an agreement with the employee and the
board pursuant to which the employee may be exempted from
contributing to the Public Employees Retirement Fund, and, if no
public funds are being used to purchase the annuity or a
corresponding pension, the employer, in lieu of the contributions
which it otherwise would make to the fund on account of the
employee, may make contributions toward the cost of purchasing
the annuity. Such employee otherwise shall be subject to the
provisions of this chapter, except that neither the employee nor
any person claiming under the employee shall receive any payments
from the retirement fund as service or disability allowance.
(b) An employee who enters into an agreement under paragraph
(a) of this subsection may elect at any time thereafter to start
to participate in the system by giving written notice of desire
to participate to the board and to the employer. The employee
shall receive no retirement credit for the period during which
the employee was exempted from contributing to the fund under the
agreement, but the employee shall be considered to have completed
the six months' service required for membership in the system.
When the employee starts to participate in the system the
employer shall start to contribute to the fund on account of the
employee in the same manner as the employer contributes on
account of other employees who are active members of the system
and the employer shall stop making contributions toward the cost
of purchasing the retirement annuity.
(8)(a) All new appointees in the Federal Cooperative Extension
Service or in any other service in which participation in the
Federal Civil Service retirement program is mandatory, who
receive a federal appointment on or after July 1, 1955, may
participate in the Public Employees Retirement System only by
giving written notice of their election to so participate to the
Public Employees Retirement Board within six months after the
effective date of their appointment.
(b) All persons employed by the Federal Cooperative Extension
Service or by any other service in which participation in the
Federal Civil Service retirement program is mandatory, who are
under federal appointment as of July 1, 1955, and who are members
of the state retirement system, shall continue such membership
unless, prior to February 1, 1956, they give written notice to
the Public Employees Retirement Board of their desire to cancel
their membership.
(c) Any person who is an active member of the Public Employees
Retirement System, who, on or after July 1, 1955, is employed by
the Federal Cooperative Extension Service or by any other service
in which participation in the Federal Civil Service retirement
program is mandatory, and who is given a federal appointment,
shall continue such membership in the Public Employees Retirement
System unless, within six months after the effective date of the
appointment, the person gives written notice to the Public
Employees Retirement Board of the desire to cancel membership.
(d) A cancellation of membership under paragraph (b) or (c) of
this subsection terminates membership in the Public Employees
Retirement System and cancels the right to any benefits from, or
claims against, that system. Such cancellation prevents the
withdrawing member from claiming thereafter any retirement credit
for any period of employment before the cancellation. Upon
receipt of a notice of cancellation, the Public Employees
Retirement Board shall refund the member account of the
withdrawing member, regardless of the age of the withdrawing
member.
(9) Employees, including managers, of foreign trade offices of
the Economic and Community Development Department who live and
perform services in foreign countries under the provisions of
{ - ORS 285A.090 (13) - } { + ORS 285A.075 (1)(h) + } shall
not be members of the system. However, any person who is an
active member of the system immediately before becoming an
employee of a foreign trade office shall continue to be a member
of the system during the period of time the person serves as an
employee of the foreign trade office.
(10) An employee who is participating in an alternative
retirement program established pursuant to ORS 353.250 or an
optional retirement plan established pursuant to ORS 341.551 may
not be an active member of the Public Employees Retirement
System.
SECTION 75. ORS 238A.005 is amended to read:
238A.005. For the purposes of this chapter:
(1) 'Active member' means a member of the pension program or
the individual account program of the Oregon Public Service
Retirement Plan who is actively employed in a qualifying
position.
(2) 'Actuarial equivalent' means a payment or series of
payments having the same value as the payment or series of
payments replaced, computed on the basis of interest rate and
mortality assumptions adopted by the board.
(3) 'Board' means the Public Employees Retirement Board.
(4) 'Eligible employee' means a person who performs services
for a participating public employer, including elected officials
other than judges. 'Eligible employee' does not include:
(a) Persons engaged as independent contractors;
(b) Aliens working under a training or educational visa;
(c) Persons, other than workers in the Industries for the Blind
Program under ORS 346.190, provided sheltered employment or
make-work by a public employer;
(d) Persons categorized by a participating public employer as
student employees;
(e) Any person who is an inmate of a state institution;
(f) Employees of foreign trade offices of the Economic and
Community Development Department who live and perform services in
foreign countries under the provisions of { - ORS 285A.090
(13) - } { + ORS 285A.075 (1)(h) + };
(g) An employee actively participating in an alternative
retirement program established under ORS 353.250 or an optional
retirement plan established under ORS 341.551;
(h) Employees of the Oregon University System who are actively
participating in an optional retirement plan offered under ORS
243.800;
(i) Any employee who belongs to a class of employees that was
not eligible on August 28, 2003, for membership in the system
under the provisions of ORS chapter 238 or other law;
(j) Any person who belongs to a class of employees who are not
eligible to become members of the Oregon Public Service
Retirement Plan under the provisions of ORS 238A.070 (2);
(k) Any person who is retired under ORS 238A.100 to 238A.245 or
ORS chapter 238 and who continues to receive retirement benefits
while employed; and
(L) Judges.
(5) 'Firefighter' means:
(a) A person employed by a local government, as defined in ORS
174.116, whose primary job duties include the fighting of fires;
(b) The State Fire Marshal, the chief deputy state fire marshal
and deputy state fire marshals; and
(c) An employee of the State Forestry Department who is
certified by the State Forester as a professional wildland
firefighter and whose primary duties include the abatement of
uncontrolled fires as described in ORS 477.064.
(6) 'Fund' means the Public Employees Retirement Fund.
(7)(a) 'Hour of service' means:
(A) An hour for which an eligible employee is directly or
indirectly paid or entitled to payment by a participating public
employer for performance of duties in a qualifying position; and
(B) An hour of vacation, holiday, illness, incapacity, jury
duty, military duty or authorized leave during which an employee
does not perform duties but for which the employee is directly or
indirectly paid or entitled to payment by a participating public
employer for services in a qualifying position, as long as the
hour is within the number of hours regularly scheduled for the
performance of duties during the period of vacation, holiday,
illness, incapacity, jury duty, military duty or authorized
leave.
(b) 'Hour of service' does not include any hour for which
payment is made or due under a plan maintained solely for the
purpose of complying with applicable workers' compensation laws
or unemployment compensation laws.
(8) 'Inactive member' means a member of the pension program or
the individual account program of the Oregon Public Service
Retirement Plan whose membership has not been terminated, who is
not a retired member and who is not employed in a qualifying
position.
(9) 'Individual account program' means the defined contribution
individual account program of the Oregon Public Service
Retirement Plan established under ORS 238A.025.
(10) 'Member' means an eligible employee who has established
membership in the pension program or the individual account
program of the Oregon Public Service Retirement Plan and whose
membership has not been terminated under ORS 238A.110 or
238A.310.
(11) 'Participating public employer' means a public employer as
defined in ORS 238.005 that provides retirement benefits for
employees of the public employer under the system.
(12) 'Pension program' means the defined benefit pension
program of the Oregon Public Service Retirement Plan established
under ORS 238A.025.
(13) 'Police officer' means a police officer as described in
ORS 238.005.
(14) 'Qualifying position' means one or more jobs with one or
more participating public employers in which an eligible employee
performs 600 or more hours of service in a calendar year,
excluding any service in a job for which benefits are not
provided under the Oregon Public Service Retirement Plan pursuant
to ORS 238A.070 (2).
(15) 'Retired member' means a pension program member who is
receiving a pension as provided in ORS 238A.180 to 238A.195.
(16)(a) 'Salary' means the remuneration paid to an active
member in return for services to the participating public
employer, including remuneration in the form of living quarters,
board or other items of value, to the extent the remuneration is
includable in the employee's taxable income under Oregon law.
Salary includes the additional amounts specified in paragraph (b)
of this subsection, but does not include the amounts specified in
paragraph (c) of this subsection, regardless of whether those
amounts are includable in taxable income.
(b) 'Salary' includes the following amounts:
(A) Payments of employee and employer money into a deferred
compensation plan that are made at the election of the employee.
(B) Contributions to a tax-sheltered or deferred annuity that
are made at the election of the employee.
(C) Any amount that is contributed to a cafeteria plan or
qualified transportation fringe benefit plan by the employer at
the election of the employee and that is not includable in the
taxable income of the employee by reason of 26 U.S.C. 125 or
132(f)(4), as in effect on August 29, 2003.
(D) Any amount that is contributed to a cash or deferred
arrangement by the employer at the election of the employee and
that is not included in the taxable income of the employee by
reason of 26 U.S.C. 402(e)(3), as in effect on August 29, 2003.
(E) Retroactive payments made to an employee to correct a
clerical error, pursuant to an award by a court or by order of or
pursuant to a conciliation agreement with an administration
agency charged with enforcing federal or state law protecting the
employee's rights to employment or wages, which shall be
allocated to and deemed paid in the periods in which the work was
done or in which the work would have been done.
(F) The amount of an employee contribution to the individual
account program that is paid by the employer and deducted from
the compensation of the employee, as provided under ORS 238A.335
(1) and (2)(a).
(G) The amount of an employee contribution to the individual
account program that is not paid by the employer under ORS
238A.335.
(H) Wages of a deceased member paid to a surviving spouse or
dependent children under ORS 652.190.
(c) 'Salary' does not include the following amounts:
(A) Travel or any other expenses incidental to employer's
business which is reimbursed by the employer.
(B) Payments made on account of an employee's death.
(C) Any lump sum payment for accumulated unused sick leave,
vacation leave or other paid leave.
(D) Any severance payment, accelerated payment of an employment
contract for a future period or advance against future wages.
(E) Any retirement incentive, retirement bonus or retirement
gratuitous payment.
(F) Payment for a leave of absence after the date the employer
and employee have agreed that no future services in a qualifying
position will be performed.
(G) Payments for instructional services rendered to
institutions of the Department of Higher Education or the Oregon
Health and Science University when those services are in excess
of full-time employment subject to this chapter. A person
employed under a contract for less than 12 months is subject to
this subparagraph only for the months covered by the contract.
(H) The amount of an employee contribution to the individual
account program that is paid by the employer and is not deducted
from the compensation of the employee, as provided under ORS
238A.335 (1) and (2)(b).
(I) Any amount in excess of $200,000 for a calendar year. If
any period over which salary is determined is less than 12
months, the $200,000 limitation for that period shall be
multiplied by a fraction, the numerator of which is the number of
months in the determination period and the denominator of which
is 12. The board shall adopt rules adjusting this dollar limit to
incorporate cost-of-living adjustments authorized by the Internal
Revenue Service.
(17) 'System' means the Public Employees Retirement System.
SECTION 76. ORS 285A.486 is amended to read:
285A.486. (1) Rural communities participating in the rural
revitalization program established by ORS 285A.483 to 285A.495
shall be provided with technical assistance to:
(a) Assess their economic strengths, weaknesses, opportunities
and threats;
(b) Develop short term and long term strategic plans based on
the assessment;
(c) Assist the communities in developing organizational
structures and other activities needed to implement and sustain
their strategic plans; and
(d) Resolve problems that may arise in communities as they work
to implement their strategic development plans.
(2) The program of leadership training carried on under ORS
285A.483 to 285A.495 shall develop the skills of individuals
enrolled in the program by:
(a) Exposing program participants to a broad range of regional,
national and international issues affecting rural areas.
(b) Teaching participants about effective management
techniques, group problem solving methods and consensus building
processes.
(c) Providing participants with training to improve their
technical and analytical skills.
(d) Educating participants about the functions of local, state
and national governments and the state legislative process.
(e) Teaching participants about the elements of effective
leadership.
(f) Providing participants with opportunities to apply
leadership skills to community development work.
(3) The Economic and Community Development Department shall
ensure that the community development and leadership training
efforts carried out under the rural revitalization program are
coordinated with existing state and local community development
and leadership training programs in a manner that contributes to
the quality and effectiveness of the programs established by ORS
285A.483 to 285A.495, maximizes the use of available resources
and expands development and training opportunities for
communities and rural residents. The department shall coordinate
programs under ORS 285A.483 to 285A.495 with other programs
including, but not limited to, federal programs, the regional
investment program established under ORS 285B.230 to 285B.269,
{ - the special public works program established under ORS
285B.410 to 285B.482, - } state workforce and job training
programs, programs offered by the Oregon State University
Extension Service and leadership training programs offered by
local chambers of commerce.
SECTION 77. ORS 285B.503 is amended to read:
285B.503. (1) There is established in the State Treasury,
separate and distinct from the General Fund, the Oregon Unified
International Trade Fund. The moneys in the fund are continuously
appropriated to the Economic and Community Development Department
for:
(a) Paying all or a portion of the costs of:
(A) A project for the extension and improvement of Jackson
County Airport runway.
(B) A project for the extension of a natural gas pipeline to
the Coos Bay and North Bend area from a location near Roseburg.
(C) A project for improvements to the Klamath Falls
International Airport maintained by the City of Klamath Falls.
(b) Transfer to the { - Oregon Port Revolving Fund created by
ORS 285A.708 - } { + Community Investment Fund created by
section 26 of this 2007 Act + }.
(2) A separate account within the Oregon Unified International
Trade Fund shall be established for each project listed in
subsection (1) of this section.
(3) The Oregon Unified International Trade Fund shall consist
of moneys allocated to the fund under section 9, chapter 644,
Oregon Laws 1997, and such other moneys as may be appropriated to
the fund by the Legislative Assembly, including interest on such
moneys.
SECTION 78. ORS 285B.530 is amended to read:
285B.530. As used in ORS 285B.530 to 285B.548, unless the
context requires otherwise:
(1) 'Infrastructure lottery bonds' means the bonds authorized
to be issued under ORS 285B.533 for the purpose of financing
infrastructure projects.
(2) 'Infrastructure projects' includes:
(a) A water project defined in { - ORS 285B.560 - } { +
section 25 of this 2007 Act + }; and
(b) Payment of any state financial obligations to the federal
government under the Safe Drinking Water Act.
SECTION 79. ORS 285B.533 is amended to read:
285B.533. (1) Infrastructure lottery bonds shall be issued
under ORS 286.560 to 286.580 and 348.716 only at the request of
the Director of the Economic and Community Development
Department. Infrastructure lottery bonds may be issued in an
amount sufficient to provide no more than $6 million of net
proceeds to pay costs of infrastructure projects, plus the
amounts required to pay bond-related costs.
(2) The net proceeds from the sale of the infrastructure
lottery bonds shall be allocated to the Economic and Community
Development Department for the State of Oregon's match of federal
moneys under the Safe Drinking Water Act.
(3) The net proceeds from the sale of the infrastructure
lottery bonds that are available to pay costs of infrastructure
projects shall be credited to the { - Water Fund created by ORS
285B.563 - } { + Community Investment Fund created by section
26 of this 2007 Act + }. All such net proceeds are appropriated
continuously to the Economic and Community Development Department
only for payment of costs of infrastructure projects described in
subsection (2) of this section and for payment of bond-related
costs that are allocable to infrastructure lottery bonds.
(4) The Economic and Community Development Department and any
municipality receiving proceeds of infrastructure lottery bonds
shall, if so directed by the Oregon Department of Administrative
Services, take any action specified by the Oregon Department of
Administrative Services that is necessary to maintain the
excludability of lottery bond interest from gross income under
the United States Internal Revenue Code.
SECTION 80. 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 Community Investment Fund created by section 26 of this 2007
Act + }, 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 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 - } { + Community Investment Fund
created by section 26 of this 2007 Act + }, 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 - } { + 285A.020 + }.
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 81. ORS 285B.740 is amended to read:
285B.740. It is the intent of the Legislative Assembly that in
the administration of ORS 285B.740 to 285B.758, the Economic and
Community Development Department work closely with regional
economic development organizations, community development
corporations, small business development centers and
organizations that promote and assist small businesses owned and
operated by women and minorities { - , as defined by ORS
285B.050 (9) - } . The Economic and Community Development
Department, to the maximum extent feasible and consistent with
prudent financial controls, may delegate the administration and
operation of the loan program created by ORS 285B.740 to 285B.758
to local and community-based entities. To carry out the policy
described in this section:
(1) The Economic and Community Development Department may
contract with any nonprofit corporation or agency with experience
and expertise in business finance to administer all or any part
of the loan program created by ORS 285B.740 to 285B.758.
(2) When entering into an agreement for the administration of
the loan program by any nonprofit corporation or agency, the
Economic and Community Development Department may agree to waive
any claims it may have against such corporation or agency for
losses arising out of the normal course of business, so long as
the corporation or agency does not act negligently or
fraudulently in providing loans under ORS 285B.740 to 285B.758.
(3) When entering into an agreement to have a nonprofit
corporation or agency administer the loan program created by ORS
285B.740 to 285B.758, the Economic and Community Development
Department may pay loan origination and loan servicing fees to
the corporation or agency. The amount of such fees may be
determined in the agreement between the department and the
administering corporation or agency.
SECTION 82. ORS 286.560 is amended to read:
286.560. As used in ORS 286.560 to 286.580, 327.700 to 327.711
and 348.716, unless the context requires otherwise:
(1) 'Appropriated funds' for a particular fiscal year means any
moneys, other than unobligated net lottery proceeds, that are
specifically appropriated or otherwise specifically made
available by the Legislative Assembly or the Emergency Board for
a fiscal year to replenish reserves established as additional
security for lottery bonds pursuant to the authority granted in
ORS 286.580 (6).
(2) 'Bond-related costs' means:
(a) The costs and expenses of issuing, administering and
maintaining lottery bonds and the lottery bond program, including
but not limited to paying or redeeming lottery bonds, paying
amounts due in connection with credit enhancements or any
instruments authorized by ORS 286.580 (6) and paying the
administrative costs and expenses of the State Treasurer and the
Oregon Department of Administrative Services, including costs of
consultants or advisors retained by the State Treasurer or the
Oregon Department of Administrative Services for the lottery
bonds or the lottery bond program;
(b) The costs of funding any lottery bond reserves;
(c) Capitalized interest for lottery bonds;
(d) Rebates or penalties due to the United States in connection
with lottery bonds; and
(e) Any other costs or expenses that the State Treasurer or the
Director of the Oregon Department of Administrative Services
determines are necessary or desirable in connection with issuing
lottery bonds or maintaining the lottery bond program.
(3) 'Lottery bonds' means:
(a) The state park lottery bonds authorized by ORS 390.060 to
390.067, the infrastructure lottery bonds authorized by ORS
285B.530 to 285B.548 and the education lottery bonds authorized
by ORS 327.700 to 327.711;
(b) Any other bonds payable from the revenues of the Oregon
State Lottery unless the legislation authorizing those bonds
expressly provides that those bonds shall not be issued under ORS
286.560 to 286.580 and 348.716; and
(c) Any refunding lottery bonds.
(4) 'Lottery Bond Administrative Fund' means the fund created
by ORS 286.573.
(5) 'Lottery Bond Fund' means the fund created by ORS 286.570.
(6) 'Lottery bond program' means a financing program authorized
by:
(a) ORS 285B.530 to 285B.548, 327.700 to 327.711 or 390.060 to
390.067; or
(b) Any other Act of the Legislative Assembly authorizing the
issuance of bonds that are payable from the revenues of the
Oregon State Lottery, unless the legislation authorizing those
bonds expressly provides that those bonds shall not be issued
under ORS 286.560 to 286.580 and 348.716.
(7) 'Refunding lottery bonds' means any bonds issued for the
purpose of refunding any lottery bonds.
(8) 'Unobligated net lottery proceeds' means all revenues
derived from the operation of the Oregon State Lottery except
for:
(a) The revenues used for the payment of prizes and expenses of
the Oregon State Lottery as provided in section 4 (4)(d), Article
XV of the Oregon Constitution, and ORS 461.500 and 461.510;
(b) The revenues required to be applied, distributed or
allocated as provided in ORS 461.543; and
(c) The revenues required to be allocated to pay the Westside
lottery bonds and any bonds issued to refund the Westside lottery
bonds, to fund reserves for any of those bonds and to pay related
costs of the Department of Transportation.
(9) 'Westside lottery bonds' means the bonds issued by this
state under the authority granted in ORS 391.140 that,
notwithstanding ORS 267.334, { - 285B.419, 285B.422,
285B.482, - } 285B.530 to 285B.548, 286.560 to 286.580, 327.700
to 327.711, 348.716 and 390.060 to 390.067, shall have a claim on
lottery funds that is superior to the claim of the lottery bonds
authorized by ORS 286.560 to 286.580 and 348.716.
SECTION 83. ORS 286.585 is amended to read:
286.585. (1) Pursuant to ORS 286.560 to 286.580 and 348.716 and
subject to future legislative approval, lottery bonds may be
issued to make grants or loans to Oregon cities to fund projects
for the reconstruction, renovation or development of community
sports facilities in order to make the facilities suitable for
use by a major league baseball team if a city is selected as an
expansion site by major league baseball or if a major league
baseball team agrees to relocate to a city.
(2) The use of lottery bond proceeds is authorized based on the
following findings:
(a) The financial assistance to cities will assist in the
construction, improvement and expansion of infrastructure and
community facilities that comprise the physical foundation for
commercial activity and provide the basic framework for continued
and expanded economic opportunities and quality communities
throughout Oregon.
(b) Such financial assistance to cities 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 assistance to cities is an appropriate use
of state lottery funds under section 4, Article XV of the Oregon
Constitution, and ORS 461.510.
(3) Lottery bonds issued pursuant to this section shall be
issued only at the request of the Director of the Economic and
Community Development Department.
(4) The net proceeds of lottery bonds issued pursuant to this
section shall be deposited in the Economic Infrastructure Project
Fund established by ORS 285B.551. The Director of the Economic
and Community Development Department shall allocate the moneys
deposited in the Economic Infrastructure Project Fund for the
purpose described in this section in accordance with the policies
developed by the Oregon Economic and Community Development
Commission in accordance with { - ORS 285A.045 - } { + ORS
285A.020 + }.
(5) The proceeds of lottery bonds issued pursuant to this
section shall be used only for the purposes set forth in this
section and for bond-related costs.
SECTION 84. ORS 320.335 is amended to read:
320.335. All moneys received by the Department of Revenue
pursuant to ORS 320.305 to 320.340, and interest thereon, shall
be paid to the State Treasurer to be held in a suspense account
established under ORS 293.445. After the payment of refunds:
(1) Moneys necessary to reimburse the Department of Revenue for
the actual costs incurred by the department in administering the
state transient lodging tax, not to exceed two percent of state
transient lodging tax collections, are continuously appropriated
to the department; and
(2) The balance of the moneys received shall be transferred to
the account of the { - Oregon Tourism Commission established
under ORS 285A.274 - } { + Community Investment Fund + }. The
moneys transferred under this subsection are continuously
appropriated to the { - Oregon Tourism Commission for the
purposes set forth in ORS 285A.274 - } { + Community Investment
Fund + }.
SECTION 85. ORS 390.063 is amended to read:
390.063. The Legislative Assembly declares that the purpose of
ORS 390.060 to 390.067 is to authorize lottery bonds for state
park projects. The lottery bonds authorized by ORS 390.060 to
390.067 shall be issued pursuant to ORS 286.560 to 286.580 and
348.716. The obligation of the State of Oregon with respect to
the bonds and with respect to any grant agreement or other
commitment authorized by ORS 267.334, { - 285B.410, 285B.422,
285B.482, - } 285B.530 to 285B.548 and 390.060 to 390.067 shall
at all times be restricted to the availability of unobligated net
lottery proceeds, proceeds of lottery bonds and any other amounts
specifically committed by ORS 286.560 to 286.580 and 348.716.
Neither the faith and credit of the State of Oregon nor any of
its taxing power shall be pledged or committed to the payment of
lottery bonds or any other commitment of the State of Oregon
authorized by ORS 390.060 to 390.067.
SECTION 86. ORS 431.120 is amended to read:
431.120. The Department of Human Services shall:
(1) Enforce state health policies and rules.
(2) Have the custody of all books, papers, documents and other
property belonging to the State Health Commission, which may be
deposited in the department's office.
(3) Give any instructions that may be necessary, and forward
them to the various local public health administrators throughout
the state.
(4) Routinely conduct epidemiological investigations for each
case of sudden infant death syndrome including, but not limited
to, the identification of risk factors such as birth weight,
maternal age, prenatal care, history of apnea and socioeconomic
characteristics. The department may conduct the investigations
through local health departments only upon adoption by rule of a
uniform epidemiological data collection method.
(5) Adopt rules related to loans and grants awarded under ORS
{ - 285B.560 to 285B.599 or - } 541.700 to 541.855 { + or
sections 25 to 35 of this 2007 Act + } for the improvement of
drinking water systems for the purpose of maintaining compliance
with applicable state and federal drinking water quality
standards. In adopting rules under this subsection, the
Department of Human Services shall coordinate the department's
rulemaking process with the Water Resources Department and the
Economic and Community Development Department in order to ensure
that rules adopted under this subsection are consistent with
rules adopted under ORS { - 285B.563 and - } 541.845 { + and
section 29 of this 2007 Act + }.
(6) Control health care capital expenditures by administering
the state certificate of need program pursuant to ORS 442.325 to
442.344.
SECTION 87. ORS 541.700 is amended to read:
541.700. As used in ORS 541.700 to 541.855, unless the context
requires otherwise:
(1) 'Commission' means the Water Resources Commission appointed
under ORS 536.022.
(2) 'Construction' means the construction, or improvement or
rehabilitation, in whole or in part, of a water development
project, including planning and engineering work, purchasing or
refinancing directly related to such construction or improvement
or rehabilitation, or any combination of such construction or
improvement or rehabilitation. As used in this subsection:
(a) 'Purchasing' means the purchasing of materials, land or
existing facilities necessary to complete a water development
project.
(b) 'Refinancing' includes refinancing existing debt of a water
developer, as defined in subsection (7)(f) to (m) and (o) of this
section, in order to complete a water development project or to
provide adequate security for a water development loan, but does
not include refinancing existing debt only to reduce interest
rates or costs to the borrower or to pay off existing debt.
(3) 'Director' means the Water Resources Director appointed
pursuant to ORS 536.032.
(4) 'Federal water development project' means any water
development project that receives funding from the federal
government, or any agency or instrumentality of the United
States.
(5)(a) 'Secondary use' means:
(A) Any water-related recreational use.
(B) Any flood control use.
(C) Any power generation use.
(D) Any water supply system utilized as a domestic water system
for the benefit of an individual residence related to the
operation of the water development project.
(b) 'Secondary use' does not include any use that is
incompatible with a water development project.
(6) 'Water development project' means:
(a) An undertaking, in whole or in part, in this state for the
purpose of irrigation, including structures for the application
of water for agricultural harvest activities, dams, storage
reservoirs, wells or well systems, pumping plants, pipelines,
canals, ditches, revetments, water supply systems used for the
purpose of agricultural temperature control and any other
structure, facility and property necessary or convenient for
supplying lands with water for irrigation purposes.
(b) An undertaking, in whole or in part, in this state for the
purpose of drainage, including ditching, tiling, piping, channel
improvement, pumping plants or other agronomically approved
methods of land drainage that will increase soil versatility and
productivity.
(c) An undertaking, in whole or in part, in this state for the
purpose of providing water for municipal use, which may include
safe drinking water for communities with population less than
30,000, including dams, storage reservoirs, wells or well
systems, pumping plants, treatment facilities, pipelines, canals,
ditches, revetments and all other structures and facilities
necessary or convenient for supplying water. An undertaking may
provide water to two or more communities with a combined
population of more than 30,000. An undertaking may be part of a
project that provides water to a community with a population of
more than 30,000 { - , but loans of moneys from the Water
Development Fund, including moneys in ORS 285B.563 (11) may be
made only to communities served by the project that have a
population of less than 30,000 - } .
(d) An undertaking, in whole or in part, in this state for the
purpose of fish protection, including fish screening or by-pass
devices, fishways and all other structures and facilities
necessary or convenient for providing fish protection.
(e) An undertaking, in whole or in part, in this state for the
purpose of enhancing watershed health or improving fish habitat,
including methods and materials to restore, maintain and enhance
the biological, chemical and physical integrity of the riparian
zones and associated uplands of the state's rivers, lakes and
estuaries systems and recommended by the Oregon Watershed
Enhancement Board established under ORS 541.360.
(f) Secondary uses in conjunction with projects described in
paragraphs (a) to (e) of this subsection.
(7) 'Water developer' means:
(a) Any individual resident of this state;
(b) Any partnership for profit subject to the provisions of ORS
chapter 67 or 70, whose principal income is from farming in
Oregon;
(c) Any corporation for profit subject to the provisions of ORS
chapter 60, whose principal income is from farming in Oregon;
(d) Any nonprofit corporation subject to the provisions of ORS
chapter 65, whose principal income is from farming in Oregon;
(e) Any cooperative subject to the provisions of ORS chapter
62, whose principal income is from farming in Oregon;
(f) Any irrigation district organized under or subject to ORS
chapter 545;
(g) Any water improvement district organized under ORS chapter
552;
(h) Any water control district organized under ORS chapter 553;
(i) Any irrigation or drainage corporation organized under or
subject to ORS chapter 554;
(j) Any drainage district organized under ORS chapter 547 or
subject to all or part of ORS chapter 545;
(k) Any corporation, cooperative, company or other association
formed prior to 1917 for the purpose of distributing water for
irrigation purposes;
(L) Any port district organized under ORS 777.005 to 777.725,
777.915 to 777.953 and 777.990;
(m) Any city or county;
(n) Any organization formed for the purpose of distributing
water for community water supply; or
(o) Any local soil and water conservation district organized
under ORS 568.210 to 568.808 and 568.900 to 568.933.
SECTION 88. ORS 541.755 is amended to read:
541.755. Except as provided in ORS 541.760:
(1) If any water development project investigated under ORS
541.700 to 541.855, other than a safe drinking water project
financed in whole or in part from moneys in the { - Special
Public Works Fund created by ORS 285B.455 or the Water Fund
created by ORS 285B.563 - } { + Community Investment Fund
created by section 26 of this 2007 Act + }, is constructed with
funds other than those loaned under ORS 541.700 to 541.855, the
amount expended by the state shall immediately become due and
payable, together with interest at the rate provided in ORS
541.730 (2) from the date of notification of the amount due.
(2) If any water development project is refinanced or financial
assistance is obtained from other sources, other than a safe
drinking water project financed in whole or in part from moneys
in the { - Special Public Works Fund created by ORS 285B.455 or
the Water Fund created by ORS 285B.563 - } { + Community
Investment Fund created by section 26 of this 2007 Act + }, after
the execution of the loan from the state, all such funds shall be
first used to repay the state.
SECTION 89. ORS 541.845 is amended to read:
541.845. (1) In accordance with the applicable provisions of
ORS chapter 183, the Water Resources Commission may adopt rules
necessary to carry out ORS 541.700 to 541.855.
(2) In adopting rules establishing guidelines or criteria for
awarding loans or grants for drinking water projects, the
commission shall coordinate the Water Resources Department's
rulemaking process with the Economic and Community Development
Department and the Department of Human Services in order to
ensure that rules adopted under this subsection are consistent
with rules adopted under ORS { - 285B.563 and - } 431.120 { +
and section 29 of this 2007 Act + }. The rules adopted under this
subsection shall:
(a) Require the installation of meters on all new active
service connections from any municipal drinking water
distribution lines funded under ORS { - 285B.560 to
285B.599, - } 431.120, 541.700, 541.705, 541.755, 541.765,
541.830 and 541.845 { + and sections 25 to 35 of this 2007
Act + }; and
(b) Require a plan, to be adopted by the municipality, for
installation of meters on all service connections throughout the
drinking water system.
(3) As used in this section, 'service connection' does not
include fire hydrants, fire sprinkler system connections, line
blow-offs and drains, standby emergency interties, valve
controlled drinking fountains and other similar intermittently
used connections.
SECTION 90. ORS 657.665 is amended to read:
657.665. (1) Information secured from employing units,
employees or other individuals pursuant to this chapter:
(a) Shall be confidential and for the exclusive use and
information of the Director of the Employment Department in the
discharge of duties and shall not be open to the public (other
than to public employees in the performance of their public
duties under state or federal laws for the payment of
unemployment insurance benefits and to public employees in the
performance of their public duties under the recognized
compensation and retirement, relief or welfare laws of this
state), except to the extent necessary for the presentation of a
claim and except as required by the regulations of the United
States Secretary of Health and Human Services pursuant to section
3304(a) of the Federal Unemployment Tax Act, as amended, and
except as required by section 303 of the Social Security Act, as
amended.
(b) Shall not be used in any court in any action or proceeding
pending therein unless the director or the state is a party to
such action or proceedings or the proceedings concern the
establishment, enforcement or modification of a support
obligation and support services are being provided by the
Division of Child Support or the district attorney pursuant to
ORS 25.080.
(2) However, any claimant or legal representative, at a hearing
before an administrative law judge, shall be supplied with
information from such records to the extent necessary for the
proper presentation of a claim.
(3) Notwithstanding subsection (1) of this section, information
secured from employing units pursuant to this chapter may be
released:
(a) To agencies of this state, federal agencies and local
government agencies to the extent necessary to properly carry out
governmental planning, performance measurement, program analysis,
socioeconomic analysis and policy analysis functions performed
under applicable law. Information provided such agencies shall be
confidential and shall not be released by such agencies in any
manner that would be identifiable as to individuals, claimants,
employees or employing units. Costs of furnishing information
pursuant to this subsection not prepared for the use of the
Employment Department shall be borne by the parties requesting
the information; and
(b) In accordance with ORS 657.673.
(4) Nothing in this section shall prevent the Employment
Department from providing names and addresses of employing units
to the Bureau of Labor and Industries for the purpose of
disseminating information to employing units. The names and
addresses provided shall be confidential and shall not be used
for any other purposes. Costs of furnishing information pursuant
to this subsection not prepared for the use of the Employment
Department shall be borne by the bureau.
(5) Nothing in this section shall prevent the Employment
Department from providing to the Commissioner of the Bureau of
Labor and Industries, for the purpose of performing duties under
ORS 279C.800 to 279C.870, the names, addresses and industrial
codes of employer units, the number of employees each unit
employs during a given time period and the firm number assigned
to employer units by the Employment Department. Information so
provided shall be confidential and shall not be released by the
commissioner in any manner that would identify such employing
units except to the extent necessary to carry out the purposes of
this subsection and as provided in subsection (1)(b) of this
section. Costs of furnishing information pursuant to this
subsection not prepared for the use of the Employment Department
shall be borne by the bureau.
(6) Nothing in this section shall prevent the Employment
Department from providing information required under ORS 657.660
(3) and (4) to the Public Employees Retirement System for the
purpose of determining the eligibility of members of the
retirement system for disability retirement allowances under ORS
chapter 238. The information provided shall be confidential and
shall not be used for any other purposes. Costs of furnishing
information pursuant to this subsection shall be borne by the
Public Employees Retirement System.
(7) Nothing in this section shall prevent the Employment
Department from providing to the Oregon Economic and Community
Development Commission information required by the commission in
performing its duty under ORS 285A.050 to verify changes in
employment levels following direct employer participation in
Economic and Community Development Department programs or
indirect participation through municipalities under { - ORS
285B.410 to 285B.482 - } { + sections 25 to 35 of this 2007
Act + } and regional boards and partnerships under ORS 285B.230
to 285B.269. Information provided to the commission may include
an employer's employment level, total subject wages payroll and
whole hours worked. The information may not be used for any other
purpose and must be held confidential. The commission may not
release the information in any manner that would identify the
employing unit or any employee except to the extent necessary to
carry out its duties under ORS 285A.050. Costs of furnishing
information under this subsection that is not prepared for the
use of the Employment Department shall be borne by the
commission.
(8) Any officer or employee of the Director of the Employment
Department, who, except with authority of the director or
pursuant to regulations, or as otherwise required by law, shall
disclose confidential information under this section, thereafter
may be disqualified from holding any appointment or employment by
the director.
(9) Nothing in this section shall prevent the Employment
Department from providing information to the Department of
Revenue for the purpose of performing its duties under ORS
293.250, or the revenue and tax laws of this state. Information
provided may include names and addresses of employers and
employees and payroll data of employers and employees.
Information so provided shall be confidential and shall not be
released by the Director of the Department of Revenue in any
manner that would identify such employing unit or employee except
to the extent necessary to carry out its duties under ORS 293.250
or in auditing or reviewing any report or return required or
permitted to be filed under the revenue and tax laws administered
by the department. However, the Director of the Department of
Revenue shall not disclose any information received to any
private collection agency or for any other purpose. Costs of
furnishing information pursuant to this subsection not prepared
for the use of the Employment Department shall be borne by the
Department of Revenue.
(10) Nothing in this section shall prevent the Employment
Department from providing information to the Department of
Consumer and Business Services for the purpose of performing its
duties under ORS chapters 654 and 656. Information provided may
include but is not limited to the name, address, number of
employees and industrial classification code of an employer and
payroll data of employers and employees. Information provided
shall be confidential and may not be released by the Department
of Consumer and Business Services in any manner that would
identify an employing unit or employee except to the extent
necessary to carry out the department's duties under ORS chapters
654 and 656, including administrative hearings and court
proceedings in which the Department of Consumer and Business
Services is a party. Costs of furnishing information pursuant to
this subsection that is not prepared for the use of the
Employment Department shall be borne by the Department of
Consumer and Business Services.
(11) Nothing in this section shall prevent the Employment
Department from providing information to the Construction
Contractors Board for the purpose of performing its duties under
ORS chapter 701. Information provided to the board may include
names and addresses of employers and status of their compliance
with this chapter.
(12) Nothing in this section shall prevent the Employment
Department from providing information to the State Fire Marshal
to assist the State Fire Marshal in carrying out duties,
functions and powers under ORS 453.307 to 453.414. Information so
provided shall be the employer or agent name, address, telephone
number and standard industrial classification. Information so
provided shall be confidential and shall not be released by the
State Fire Marshal in any manner that would identify such
employing units except to the extent necessary to carry out
duties under ORS 453.307 to 453.414. Costs of furnishing
information pursuant to this subsection not prepared for the use
of the Employment Department shall be borne by the office of the
State Fire Marshal.
(13) Nothing in this section shall prevent the Employment
Department from providing information to the Oregon Student
Assistance Commission for the purposes of performing the
commission's duties under ORS chapter 348 and Title IV of the
Higher Education Act of 1965, as amended. Information provided
may include names and addresses of employers and employees and
payroll data of employers and employees. Information so provided
shall be confidential and shall not be released by the Oregon
Student Assistance Commission in any manner that would identify
such employing unit or employee except to the extent necessary to
carry out duties under ORS chapter 348 or Title IV of the Higher
Education Act of 1965, as amended. Costs of furnishing
information pursuant to this subsection not prepared for the use
of the Employment Department shall be borne by the Oregon Student
Assistance Commission.
(14) Any person or officer or employee of an entity to whom
information is disclosed or given by the Employment Department
pursuant to this section, who divulges or uses such information
for any purpose other than that specified in the provision of law
or agreement authorizing the use or disclosure, may be
disqualified from holding any appointment or employment, or
performing any service under contract, with the state agency
employing that person or officer.
(15) Notwithstanding subsection (1) of this section, the
industrial classification code assigned to an employing unit may
be released to state agencies, federal agencies and local
government agencies to the extent necessary to carry out
governmental functions performed under applicable law. Except as
provided in ORS 190.270, information provided to such agencies is
confidential and may not be released by the agencies in any
manner that would allow identification of an employing unit.
Costs of furnishing information that is not prepared for the use
of the Employment Department shall be paid by the party
requesting the information under this subsection.
SECTION 91. ORS 777.760 is amended to read:
777.760. As used in ORS 777.755 to 777.800, unless the context
requires otherwise:
(1) 'Board' means the board of directors of an export trading
corporation.
(2) 'Commissioner' means a member of the board of commissioners
of a port.
(3) 'Commissioners of the port' means the board of
commissioners of the port which formed the export trading
corporation.
(4) 'Export trading corporation' means a municipal corporation
formed by a port under ORS 294.125, 294.316, 646.740 and 777.755
to 777.800.
(5) 'Export trading project' means a transaction or arrangement
for the purchase, sale, exchange or delivery of goods or services
in international trade or commerce.
(6) 'Port' means a municipal corporation formed under ORS
{ - 285A.666 to 285A.732, - } 777.005 to 777.725, 777.915 to
777.953 and 777.990 or ORS chapter 778.
(7) 'Services' includes, but is not limited to, architectural,
automatic data processing, business, communications, consulting,
engineering, financial, insurance, legal, management, product
research and design, repair, training and transportation
services.
SECTION 92. ORS 777.953 is amended to read:
777.953. (1) The board, on its own motion, may initiate a
proposal for annexation to the port of territory that is not
within another port organized under { - ORS 285A.600 to
285A.708 and - } this chapter. Such territory may be either
wholly or partially within or outside the same county in which
the port is located. However, if the territory proposed to be
annexed is outside Coos County, then the territory must be
situated entirely within the watershed of the Coos River and its
tributaries. The proposal for annexation shall be made in a
resolution adopted by the board.
(2) After adoption of a resolution proposing annexation of the
territory described in subsection (1) of this section to the
port, the board shall fix a day for a public hearing before the
board at which time the electors of the port and of the affected
territory may appear and be heard on the question of annexation.
(3) The board shall cause notice of the hearing to be published
once each week for two successive weeks prior to the day of the
hearing in a newspaper of general circulation in the county and
shall cause notices of the hearing to be posted in four public
places in the port for the same period.
(4) After the public hearing, the board shall file the
resolution proposing annexation with the governing body of the
county in which the territory proposed to be annexed is situated.
The county governing body shall order an election to be held in
the territory. The county governing body shall also order the
board to hold an election within the boundaries of the port on
the same day, both elections to be held for the purpose of
submitting the proposed annexation to the electors. The board
shall certify the results of the election to the county governing
body. The order of annexation shall be entered by the county
governing body when a majority of all the votes cast in the
territory and the port are in favor of the annexation.
(5) After the date of entry of an order by the county governing
body annexing territory to the port, the territory annexed shall
become subject to the outstanding indebtedness, bonded or
otherwise, of the port in like manner as the territory within the
port.
(6) ORS 198.705 to 198.955 and 777.326 do not apply to an
annexation proceeding conducted under this section.
SECTION 93. ORS 778.008 is amended to read:
778.008. (1) ORS 777.005 to 777.050, 777.110, 777.120, 777.132
to 777.165, 777.210, 777.220 and 777.405 to 777.435 do not apply
to the Port of Portland.
(2) Subject to subsection (1) of this section, the Port of
Portland has all powers possessed by ports formed under ORS
{ - 285A.666 to 285A.732, - } 777.005 to 777.725, 777.915 to
777.953 and 777.990.
(3) ORS 777.530 and 777.535 apply to the Port of Portland and
the Port of Portland has all powers granted to other ports under
ORS 777.530 and 777.535.
(4) The Port of Portland shall do such things, perform such
duties and exercise such powers as it may be authorized or
empowered to do, perform or exercise by any Act of the
legislature passed for that purpose, though not directly in
amendment of this chapter. The powers granted by this chapter are
in addition to other powers granted by law to the port.
(5) In addition to such other duties, functions and powers as
may be imposed upon the Port of Portland, the port may make
recommendations to the Oregon Board of Maritime Pilots.
SECTION 94. ORS 184.632 is amended to read:
184.632. (1) The Legislative Assembly finds that:
(a) The ports in Oregon provide effective local assistance to
state transportation development efforts.
(b) The ports in this state develop and market facilities and
services to support important existing industries in this state,
such as aviation, maritime commerce, international trade,
tourism, recreation and transportation.
(c) Port facilities, including roads, railroads, airports,
harbors and navigation channels, are an integral element of the
transportation infrastructure of this state.
(2) Therefore, the Legislative Assembly declares that it is the
policy of this state to include Oregon's ports in planning and
implementing transportation programs. To that end, the Department
of Transportation and the Oregon Department of Aviation may work
to:
(a) Coordinate with the Economic and Community Development
Department { - and the Ports Division - } to facilitate port
planning and development;
(b) Promote local cooperation in statewide planning and
development of the ports;
(c) Promote long-term economic self-sufficiency of the ports;
(d) Encourage cost-effective investments with prudent financial
consideration of port development projects; and
(e) Facilitate the efforts of the ports to expand and respond
to greater domestic and international market opportunities.
SECTION 95. ORS 276.285 is amended to read:
276.285. (1) It is the policy of the State of Oregon, in
keeping with the benchmark relating to public infrastructure and
development { + if a benchmark relating to public infrastructure
and development is + } adopted by the { - Oregon Progress
Board - } { + Economic and Community Development Department
under ORS 285A.075 + }, to facilitate and encourage state
agencies that own real property and operate facilities to manage
and develop these properties in an effective and businesslike
manner. The maintenance, preservation and development of
state-owned real property and facilities, including, but not
limited to, educational institutions, hospitals, parks, roads,
libraries and fish hatcheries is essential to enable the State of
Oregon to meet the needs of its citizens now and in the future.
The purpose of chapter 452, Oregon Laws 1995, is to maintain and
protect the investment of the State of Oregon in its public
infrastructure.
(2) Any state agency that owns and operates real property or
facilities is authorized to establish a separate dedicated
account in the State Treasury for the purpose of paying the
expenses of constructing, operating, maintaining, repairing,
replacing, equipping, improving, acquiring and disposing of such
real property and facilities. All moneys in an account
established pursuant to this subsection are appropriated
continuously to the agency for the purposes described in this
subsection. All interest earned on moneys in the account shall be
retained in and credited to the account.
(3) Any state agency that owns or operates real property or
facilities may establish a rental program for the purpose of
recovering and paying for the costs, including debt service, of
constructing, operating, maintaining, repairing, replacing,
equipping, improving and disposing of real property and
facilities consistent with the statutory authority of the state
agency. All revenues from such rental programs shall be deposited
in the account established pursuant to subsection (2) of this
section.
(4) Whenever a state agency that owns and operates real
property and facilities, and that has an established account
under subsection (2) of this section sells or leases real
property, the proceeds from the sale or lease shall be credited
to the account established pursuant to subsection (2) of this
section, unless disposition of the proceeds is otherwise provided
by law.
(5) If a state agency that owns and operates real property and
facilities has other statutory authority to provide funding for
real property and facility operation and management, the agency
may use that authority in lieu of or in addition to the
provisions of this section.
(6) When a state agency establishes an account pursuant to
subsection (2) of this section, the agency shall provide a report
of the revenues to and expenditures from the account as part of
its budget submission to the Governor and the Legislative
Assembly under ORS chapter 291. The establishment by state
agencies of rental rates for real property or facilities pursuant
to this section shall be on a biennial basis as part of the
budget development process, but modification of the rates may be
made during the interim between legislative sessions after a
report to the Emergency Board of the proposed rate modification.
SECTION 96. ORS 284.540 is amended to read:
284.540. (1) There is established the Governor's Council on
Oregon's Economy.
(2) The members of the council are:
(a) The presiding officer of the Oregon Economic and Community
Development Commission;
(b) The chairperson of the Oregon Transportation Commission;
(c) The chairperson of the State Board of Agriculture;
{ - (d) The chairperson of the International Trade
Commission; - }
{ - (e) - } { + (d) + } The president of the State Board of
Higher Education; and
{ - (f) - } { + (e) + } Other persons designated by the
Governor.
(3) The council shall meet quarterly to:
(a) Discuss and coordinate the activities of each entity
described in subsection (2) of this section that relate to
economic development and improving the economy in Oregon; and
(b) Discuss and recommend to the Legislative Assembly methods
for creating certainty for the development process.
SECTION 97. ORS 284.706 is amended to read:
284.706. (1) There is created the Oregon Innovation Council
consisting of the following voting members:
(a) The Governor or the Governor's designated representative,
who shall be chairperson of the council.
(b) Five members appointed by the Governor who are engaged in
the operations of Oregon traded sector industries.
(c) One member appointed by the Governor who is a
representative of an Oregon-based, generally accredited,
not-for-profit private institution of higher education.
(d) A member of the Oregon Growth Account Board, appointed by
the board, who has experience in the field of venture capital.
(e) A member of the Engineering and Technology Industry
Council, appointed by the Engineering and Technology Industry
Council.
(f) The Director of the Economic and Community Development
Department.
(g) The Chancellor of the Oregon University System.
(h) The Commissioner for Community College Services.
(i) The State Treasurer.
(2)(a) The Speaker of the House of Representatives shall
appoint two members to the council who are members of the House
of Representatives.
(b) The President of the Senate shall appoint two members to
the council who are members of the Senate.
(c) Members of the Legislative Assembly appointed to the
council are nonvoting members and may act in an advisory capacity
only.
(3) The following persons, or their representatives, shall
serve as ex officio, nonvoting members of the council:
(a) The chairperson of the Oregon Economic and Community
Development Commission.
{ - (b) The chairperson of the International Trade
Commission. - }
{ - (c) - } { + (b) + } The president of the State Board of
Higher Education.
{ - (d) - } { + (c) + } The chairperson of the State Board
of Education.
{ - (e) - } { + (d) + } An executive officer of an
association representing Oregon-based, generally accredited,
not-for-profit private institutions of higher education,
appointed by the Governor.
(4) The term of office of each appointed voting member of the
council is three years, but an appointed member serves at the
pleasure of the appointing authority. Before the expiration of
the term of an appointed voting member, the appointing authority
shall appoint a successor whose term begins on July 1 next
following. An appointed member is eligible for reappointment. If
there is a vacancy for any cause, the appointing authority shall
make an appointment to become immediately effective for the
remainder of the unexpired term.
(5) A majority of the voting members of the council constitutes
a quorum for the transaction of business.
(6) Official action by the council requires the approval of a
majority of the voting members of the council.
(7) The council shall meet at least twice per fiscal year at a
place, day and time determined by the chairperson. The council
may also meet at other times and places specified by a call of
the chairperson or by written request of a majority of the voting
members of the council.
(8) The council may adopt rules necessary for the operation of
the council.
(9) The council may establish committees and delegate to the
committees duties as the council considers desirable.
(10) The Economic and Community Development Department shall
provide staff support to the council.
(11) Members of the council who are not members of the
Legislative Assembly are entitled to compensation and expenses
incurred by them in the performance of their official duties in
the manner and amounts provided for in ORS 292.495. Claims for
compensation and expenses of members of the council who are
public officers shall be paid out of funds appropriated to the
public agency that employs the member. Claims for compensation
and expenses of members of the council who are not public
officers shall be paid out of funds appropriated to the Economic
and Community Development Department for that purpose.
(12) All agencies of state government, as defined in ORS
174.111, are directed to assist the council in the performance of
its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the council consider necessary to perform their
duties.
SECTION 98. ORS 285A.095 is amended to read:
285A.095. (1) When providing funding for a project, for a
program or for technical assistance, the Economic and Community
Development Department shall give priority to counties, cities,
communities or other geographic areas that are designated as
distressed areas by the Economic and Community Development
Department, based on indicators of economic distress or
dislocation, including but not limited to unemployment, poverty
and job loss.
(2) Prior to defining or designating distressed areas for the
purposes of subsection (1) of this section, the Economic and
Community Development Department shall consult with other state
agencies and with local agencies and officials.
(3) The Economic and Community Development Department shall
conduct a review of its compliance with subsections (1) and (2)
of this section at least once in each year and shall prepare a
report concerning the compliance review. The report shall be
incorporated into the { - annual - } { + biennial + } report
of the Oregon Economic and Community Development Commission
required by ORS 285A.050.
SECTION 99. ORS 285A.190 is amended to read:
285A.190. (1) There is established in the Economic and
Community Development Department the Oregon Coalition Brownfields
Cleanup Program.
(2) The department may make grants, loans and expenditures from
the Oregon Coalition Brownfields Cleanup Fund to provide
financial or other assistance to public and private owners of
eligible brownfield properties for the purpose of cleaning up the
properties.
(3) An eligible owner of a brownfield property may borrow
moneys from the fund by entering into a loan agreement with the
department in accordance with rules adopted by the department.
(4) The owner of a publicly owned brownfield property may enter
into a loan agreement with the department notwithstanding any
restrictions on indebtedness in the charter or bylaws of the
public body or any other provision of law.
(5) The department may adopt rules necessary to carry out the
provisions of this section and ORS 285A.192. The rules shall
include, but are not limited to, requirements for eligibility for
financial assistance or other assistance from the program, good
and sufficient collateral required to secure loans from the fund
and the complete or partial waiver of interest on short-term
loans made from the fund.
(6) As used in this section:
(a) 'Brownfield' has the meaning given that term in { - ORS
285A.185 - } { + section 25 of this 2007 Act + }.
(b) 'Other assistance' includes, but is not limited to, direct
purchase of goods or services related to brownfields cleanup by
the department.
(c) 'Public body' has the meaning given that term in ORS
174.109.
SECTION 100. ORS 285B.743 is amended to read:
285B.743. (1) Any individual or business firm may file with the
Economic and Community Development Department an application to
borrow money from the Oregon Entrepreneurial Development Loan
Fund as provided in ORS 285B.740 to 285B.758. The application
shall be filed in such a manner and contain or be accompanied by
such information as the department may require.
(2) Upon receipt of an application under this section, the
Economic and Community Development Department shall determine
whether the applicant is eligible to receive a loan under ORS
{ - 285B.139 and - } 285B.740 to 285B.758. If the department
determines that an applicant is not eligible to receive a loan,
the department shall:
(a) Reject the application with a written statement of the
reason for that rejection; or
(b) Require the applicant to submit additional information
concerning the application as may be necessary.
SECTION 101. ORS 285B.752 is amended to read:
285B.752. An applicant who receives an entrepreneurial
development loan under ORS 285B.740 to 285B.758 may apply for
another such loan. Notwithstanding the limit set forth in ORS
285B.749 (2), the maximum aggregate amount that may be loaned to
a single applicant under ORS { - 285B.139 and - } 285B.740 to
285B.758 is $40,000.
SECTION 102. ORS 329.115 is amended to read:
329.115. (1) Prior to September 30 of each year, the
Superintendent of Public Instruction shall issue an Oregon Report
Card on the state of the public schools and progress toward
achieving the goals contained in ORS 329.025 and 329.035.
(2) The purpose of the Oregon Report Card is to monitor trends
among school districts and Oregon's progress toward achieving the
goals stated in this chapter. The report on the state of the
public schools shall be designed to:
(a) Allow educators and local citizens to determine and share
successful and unsuccessful school programs;
(b) Allow educators to sustain support for reforms demonstrated
to be successful;
(c) Recognize schools for their progress and achievements; and
(d) Facilitate the use of educational resources and innovations
in the most effective manner.
(3) The report shall contain, but need not be limited to:
(a) Demographic information on public school children in this
state.
(b) Information pertaining to student achievement, including
statewide assessment data, graduation rates and dropout rates,
including progress toward achieving { - the - } education
benchmarks { + , if any, + } established by the { - Oregon
Progress Board - } { + Economic and Community Development
Department under ORS 285A.075 + }, with arrangements by minority
groupings where applicable.
(c) Information pertaining to special program offerings.
(d) Information pertaining to the characteristics of the school
and school staff, including assignment of teachers, experience of
staff and the proportion of minorities and women represented on
the teaching and administrative staff.
(e) Budget information, including source and disposition of
school district operating funds and salary data.
(f) Examples of exemplary programs, proven practices, programs
designed to reduce costs or other innovations in education being
developed by school districts in this state that show improved
student learning.
(g) Such other information as the superintendent obtains under
ORS 329.105.
(4) In the second and subsequent years that the report is
issued, the report shall include a comparison between the current
and previous data and an analysis of trends in public education.
SECTION 103. ORS 329.155 is amended to read:
329.155. (1) State agencies that administer education programs
and other programs that provide services for children and
families shall:
(a) Evaluate the effectiveness of the program as related to the
principles stated in ORS 329.025 and 417.305 in the earliest
stages of the budget process, including components within
programs as appropriate;
(b) Articulate ways in which the program is an effective
component of agency and state priorities, goals and strategies,
such as those developed by the { - Oregon Progress Board - }
{ + Economic and Community Development Department under ORS
285A.075 + }, or to relevant research and professional standards;
(c) Establish plans, interagency partnerships, implementation
practices and interactions with local coordinated comprehensive
plans;
(d) Utilize the information generated by applicable state
advisory groups and by the local planning process administered by
the State Commission on Children and Families in the program
assessment of needs and decisions as to service delivery in a
given community; and
(e) Identify barriers to improving program capability to serve
the needs of young children and related recommendations, if any.
(2) The processes listed in subsection (1) of this section are
for the purpose of generating interagency coordination so as to
serve to the greatest extent possible young children and their
families in a comprehensive and developmentally appropriate
fashion. The information generated by these processes shall be
considered as a contribution to subsequent budget decisions by
state and local agencies, the Oregon Department of Administrative
Services and Legislative Assembly, and as a contribution to the
planning and coordination tasks of the State Commission on
Children and Families.
SECTION 104. ORS 401.808 is amended to read:
401.808. The Office of Emergency Management shall distribute
quarterly the entire amount of the moneys in the Emergency
Communications Account beginning in June 1982. The office shall
pay the following amounts from the account:
(1) Administrative costs incurred during the preceding calendar
quarter by the Department of Revenue in carrying out ORS 401.792
to 401.804. The amount paid to the department shall not exceed
one-half of one percent of the amount in the account on the date
of distribution, or actual expenses incurred by the department,
whichever is less.
(2) Administrative costs incurred during the preceding calendar
quarter by the Office of Emergency Management in carrying out its
duties under ORS 305.823 and 401.710 to 401.816. The amount paid
to the office shall not exceed four percent of the amount in the
account on the date of distribution, or actual expenses incurred
by the office, whichever is less. The office may provide funding
under this subsection for the Oregon Emergency Response System in
an amount not to exceed 15 percent of the legislatively approved
budget for the Oregon Emergency Response System. Funding provided
to the Oregon Emergency Response System under this subsection
shall be in the manner prescribed by the office and shall be
subject to the availability of funds for such funding.
(3) Funds in the Enhanced 9-1-1 Subaccount shall be used to pay
for costs incurred during the preceding calendar quarter for
enhanced 9-1-1 telephone service established pursuant to ORS
401.720. Enhanced 9-1-1 subaccount funds shall not be disbursed
to a 9-1-1 jurisdiction which does not have an approved final
plan as required in section 7, chapter 743, Oregon Laws 1991.
Payments shall be made only after a reimbursement request has
been submitted to the Office of Emergency Management in the
manner prescribed by the office. Reimbursement requests for
recurring and nonrecurring charges necessary to enable the 9-1-1
jurisdiction to comply with ORS 401.720 shall be submitted
directly to the Office of Emergency Management. The costs payable
under this section are only those incurred for:
(a) Modification of central office switching and trunking
equipment;
(b) Network development, operation and maintenance;
(c) Database development, operation and maintenance;
(d) On-premises equipment procurement, maintenance and
replacement;
(e) Conversion of pay station telephones required by ORS
401.770;
(f) Collection of the tax imposed by ORS 401.792 to 401.804;
and
(g) Addressing if the reimbursement request is consistent with
rules adopted by the office.
(4) 9-1-1 jurisdictions who have enhanced 9-1-1 telephone
service operational prior to December 31, 1991, shall receive
funding based on cost information provided in their final plan
required in section 7, chapter 743, Oregon Laws 1991. Plans
submitted which meet the minimum requirements set forth in ORS
401.720 (2) and (4) shall be approved. Funding for costs incurred
prior to the preceding calendar quarter shall be limited to
charges associated with database development, network and
on-premises equipment which satisfy the requirements of ORS
401.720 (2) and (4). Funding under this section shall be in the
manner prescribed by the office and subject to the availability
of funds therefor.
(5) 9-1-1 jurisdictions may use funds distributed to the
jurisdiction from any account described in ORS 401.806 to repay
loans from the { - Special Public Works - } { + Community
Investment + } Fund if the loans were used for purposes that are
allowable under ORS 401.710 to 401.816.
(6) Any amounts remaining in the Enhanced 9-1-1 Subaccount
shall be retained by the Office of Emergency Management and may
be distributed in any subsequent quarter for those purposes set
forth in subsections (3), (4) and (5) of this section.
(7) The Enhanced 9-1-1 Equipment Replacement Subaccount shall
be used by the Office of Emergency Management to provide funds to
replace and upgrade equipment to carry out the provisions of ORS
401.710 to 401.816. If at any time unexpended and unobligated
balances in the subaccount exceed $500,000, such excess amount
shall be transferred and credited to the Emergency Communications
Account and shall be used for the purposes otherwise provided by
law.
(8) The office shall review reimbursement requests for
modification of central office switching and trunking equipment,
conversion of pay station telephones, and network development,
operation and maintenance costs necessary to comply with ORS
401.720 for the appropriateness of the costs claimed. The office
shall approve or disapprove the reimbursement requests.
(9) The office shall review reimbursement requests for database
development, operation and maintenance, and on-premises equipment
procurement, maintenance and replacement costs necessary to
comply with ORS 401.720 for the appropriateness of the costs
claimed.
(10) After all amounts under subsections (1) and (2) of this
section and ORS 401.806 (2) and (3) have been paid, the balance
of the Emergency Communications Account shall be distributed to
cities on a per capita basis and to counties on a per capita
basis of each county's unincorporated area, for distribution to
9-1-1 jurisdictions within the city or county, but each county
shall receive a minimum of one percent of the balance of the
account after the amounts under subsections (1) and (2) of this
section and ORS 401.806 (2) and (3) have been paid. A 9-1-1
jurisdiction whose 9-1-1 service area includes more than one city
or county shall receive funds from each city or county involved.
(11) Notwithstanding subsection (10) of this section, a city or
county may have its quarterly distribution made payable and sent
to the 9-1-1 jurisdiction responsible for providing the services
required in ORS 401.720.
(12) 9-1-1 jurisdictions shall submit an accounting report to
the office annually. The report shall be provided in the manner
prescribed by the office, and shall include but not be limited
to:
(a) Funds received and expended under subsection (10) or (11)
of this section for the purposes of fulfilling the requirements
of ORS 401.720;
(b) Local funds received and expended for the purposes of
fulfilling the requirements of ORS 401.720; and
(c) Local funds received and expended for the purposes of
providing emergency communications services.
SECTION 105. ORS 417.705 is amended to read:
417.705. As used in ORS 417.705 to 417.801:
(1) 'Community mobilization' means government and private
efforts to increase community awareness and facilitate the active
participation of citizens and organizations in projects and
issues that will have positive impact on the well-being of
children, families and communities.
(2) 'Efficiency' means a measurable indicator of the amount of
resources required to produce an output.
(3) 'High-level outcome' means the Oregon benchmarks { + , if
any, + } adopted by the { - Oregon Progress Board - }
{ + Economic and Community Development Department under ORS
285A.075 + } and any other measurable indicators of societal
well-being.
(4) 'Intermediate outcome' means a measurable indicator of the
effort by an agency or other entity toward achieving a high-level
outcome target.
(5) 'Local commission' means a local commission on children and
families established pursuant to ORS 417.760.
(6) 'Local coordinated comprehensive plan' or 'local plan'
means a local coordinated comprehensive plan for children and
families that is developed pursuant to ORS 417.775 through a
process coordinated and led by a local commission and that
consists of:
(a) A community plan that identifies the community's needs,
strengths, goals, priorities and strategies for:
(A) Creating positive outcomes for children and families;
(B) Community mobilization;
(C) Coordinating programs, strategies and services for children
who are 0 through 18 years of age and their families among
community groups, government agencies, private providers and
other parties; and
(D) Addressing the needs of target populations; and
(b) The service plans listed in ORS 417.775 (6) that designate
specific services for the target populations identified in the
community plan.
(7) 'Outcome' means the measure of a desired result.
(8) 'Output' means the amount or frequency of products or
services delivered by an agency or other entity.
(9) 'Performance measure' includes outcomes, outputs and
efficiencies that indicate how well an agency or other entity is
carrying out its mission and achieving its goals.
(10) 'Services for children and families' does not include
services provided by the Department of Education or school
districts that are related to curriculum or instructional
programs.
(11) 'State commission' means the State Commission on Children
and Families established under ORS 417.730.
(12) 'Target' means a specific level of achievement desired for
a specific time, expressed numerically.
SECTION 106. ORS 417.797 is amended to read:
417.797. (1) Each state agency or other entity that is
responsible for a component of the local coordinated
comprehensive plan shall ensure that a biennial evaluation of the
plan component is conducted according to a consistent framework.
The program evaluation shall include:
(a) An identified goal and associated Oregon benchmarks;
(b) Proven practices of effectiveness and related Oregon data;
(c) A target population and a description of local service
systems that may be used in identifying, screening, recruiting
and serving the target population;
(d) Specific intermediate outcomes that measure progress in
addressing risk contributors or developing core supports and
competencies and specific tools and data sources to measure the
intermediate outcomes;
(e) Baseline data about the incidence of risk and asset and
support factors with the goal of measuring change over time,
including an assessment of local need;
(f) Measures of fiscal accountability;
(g) Identified roles and responsibilities for state agencies
and local partners and performance measures to evaluate
effectiveness in agreed-upon roles; and
(h) Measures of the change in coordination among service
providers and programs as a result of the local plan, including
increases in access to services.
(2) The State Commission on Children and Families shall
disclose the results of the evaluations to any person upon
request.
(3) The { - Oregon Progress Board - } { + Economic and
Community Development Department + } shall conduct a review of
the intermediate outcome targets achieved by local coordinated
comprehensive plans in accordance with ORS 417.735 (3)(c) for the
purpose of identifying progress in achieving outcomes specified
in local plans. The { - Oregon Progress Board - }
{ + department + } shall coordinate the review with the
evaluations conducted according to subsection (1) of this
section.
SECTION 107. ORS 461.540 is amended to read:
461.540. (1) There hereby is established in the General Fund of
the State Treasury the Administrative Services Economic
Development Fund. All moneys transferred from the State Lottery
Fund, interest earnings credited to this fund and other moneys
authorized to be transferred to this fund from whatever source
are appropriated continuously for any of the following public
purposes:
(a) Creating jobs;
(b) Furthering economic development in Oregon; or
(c) Financing public education.
(2) Moneys shall be transferred from the Administrative
Services Economic Development Fund to the Education Stability
Fund established under ORS 348.696 as described in section 4,
Article XV of the Oregon Constitution.
(3) As used in this section and section 4, Article XV of the
Oregon Constitution:
(a) 'Creating jobs' includes, but is not limited to:
(A) Supporting the creation of new jobs in Oregon;
(B) Helping prevent the loss of existing jobs in Oregon;
(C) Assisting with work transition to new jobs in Oregon; or
(D) Training or retraining workers.
(b) 'Education' includes, but is not limited to, the Education
Stability Fund established under ORS 348.696 and specific
programs that support the following:
(A) Prekindergartens;
(B) Elementary and secondary schools;
(C) Community colleges;
(D) Higher education;
(E) Continuing education;
(F) Workforce training and education programs; or
(G) Financial assistance to Oregon students.
(c) 'Furthering economic development' includes, but is not
limited to, providing:
(A) Services or financial assistance to for-profit and
nonprofit businesses located or to be located in Oregon;
(B) Services or financial assistance to business or industry
associations to promote, expand or prevent the decline of their
businesses; or
(C) Services or financial assistance for facilities, physical
environments or development projects { - , as defined in ORS
285B.410, - } that benefit Oregon's economy.
SECTION 108. ORS 468B.415 is amended to read:
468B.415. (1) There is established a safety committee for the
Oregon coast. A subcommittee shall be appointed for Coos Bay and
Yaquina Bay. In addition, the Department of Environmental Quality
also shall consult with the State of Washington to establish a
joint regional safety committee for the Columbia River and may
appoint a subcommittee for the Willamette River. The safety
committee shall operate under the direction of the Economic and
Community Development Department { - pursuant to ORS
285A.615 - } .
(2) Each committee shall consist of not more than 11 members,
appointed by the Director of the Economic and Community
Development Department in consultation with the Director of the
Department of Environmental Quality. At a minimum, the following
groups should be considered for representation on the committees:
(a) Local port authorities;
(b) Tank vessel operators;
(c) Tug and barge operators;
(d) Pilots' organizations;
(e) Cargo vessel operators;
(f) Commercial fishermen;
(g) Pleasure boat operators;
(h) Environmental organizations;
(i) Local planning authorities; and
(j) The public at large.
(3) The members shall be appointed to the safety committee for
a term of four years. The Director of the Economic and Community
Development Department in consultation with the Director of the
Department of Environmental Quality shall appoint the chairperson
of each committee to serve a term of four years.
(4) A majority of the members shall constitute a quorum for the
transaction of business.
(5) The duties of the safety committees shall include but are
not limited to:
(a) Planning for safe navigation and operation of covered
vessels within each harbor;
(b) Developing safety plans;
(c) Reviewing and making recommendations to the Oregon Board of
Maritime Pilots, ports and the United States Coast Guard on the
following:
(A) Pilotage requirements for all single boiler or single
engine and single screw tank vessels carrying oil in pilotage
grounds;
(B) Reducing deadweight tonnage specifications for pilotage
service for vessels carrying oil;
(C) Guidelines for tugs on tank vessels for tow cable size and
material specifications, cable maintenance practices, cable
handling equipment design and barge recovery plan preparation;
(D) Establishing regional speed limits, based on escort vehicle
limitations, for all tank vessels in inland navigable waters and
critical approaches to inland navigable waters;
(E) Requiring towing systems and plans on all tank vessels
carrying oil; and
(F) The feasibility of establishing a pilot program for a
near-miss reporting system that is coordinated with vessel
inspection information compiled as a result of inspections under
ORS 468B.370 and 468B.375.
(6) Members of the safety committees established under this
section are entitled to compensation and expenses as provided in
ORS 292.495.
(7) The Department of Environmental Quality shall serve in an
advisory capacity to the safety committees and review the safety
plans. In addition, the United States Coast Guard shall be
invited to also act in an advisory capacity to the safety
committees and may participate in the review of safety plans.
SECTION 109. ORS 576.768 is amended to read:
576.768. (1) The report submitted by the Oregon Wine Board
under ORS 182.472 must include a description of the long term
strategic plan created by the board and a description of the
progress made in implementing the statewide strategic objectives
of the board during the most recent biennium.
(2) Notwithstanding ORS 182.462:
(a) The board shall prepare and submit annual plans and a
budget recommended by the board for promotion and for research
during the next fiscal year.
(b) The board shall adopt rules specifying the procedures,
criteria and timelines for the preparation and approval of the
annual plans and budget for promotion and for research.
(c) The Director of the Economic and Community Development
Department shall review the budget and plans submitted under this
section. In reviewing the annual plans and budget, the director
shall consider whether the information supplied by the board is
factual and consistent with ORS 576.750 to 576.775 and the
positive development of the Oregon wine grape growing and wine
making industries. The director shall either approve the budget
and plans prior to the commencement of the next fiscal year or
disapprove and return the budget and plans to the board with
conditions necessary for approval prior to the commencement of
the next fiscal year. In reviewing the budget and plans, the
director may consult with and receive coordinated support from:
(A) The State Department of Agriculture;
(B) The { - Oregon Tourism Commission - } { + Economic and
Community Development Department + };
(C) The Department of Higher Education;
(D) The Department of Community Colleges and Workforce
Development; and
(E) The Oregon Liquor Control Commission.
{ +
MISCELLANEOUS PROVISIONS + }
SECTION 110. { + The unit captions used in this 2007 Act are
provided for the convenience of the reader and do not become part
of the statutory law of this state or express any legislative
intent in the enactment of this 2007 Act. + }
SECTION 111. { + ORS 285A.125, 285A.131, 285A.133, 285A.136,
285A.139, 285A.141, 285A.150, 285A.153, 285A.156, 285A.159,
285A.162, 285A.165, 285A.168, 285A.170, 285A.174, 285A.185,
285A.188, 285A.203, 285A.209, 285A.255, 285A.258, 285A.261,
285A.264, 285A.267, 285A.269, 285A.271, 285A.272, 285A.274,
285A.277, 285A.279, 285A.282, 285A.288, 285A.600, 285A.603,
285A.606, 285A.609, 285A.612, 285A.615, 285A.618, 285A.624,
285A.627, 285A.630, 285A.633, 285A.654, 285A.657, 285A.660,
285A.666, 285A.669, 285A.672, 285A.675, 285A.678, 285A.681,
285A.684, 285A.687, 285A.690, 285A.693, 285A.696, 285A.699,
285A.702, 285A.705, 285A.708, 285A.709, 285A.711, 285A.732,
285B.071, 285B.074, 285B.077, 285B.095, 285B.139, 285B.144,
285B.150, 285B.159, 285B.162, 285B.166, 285B.183, 285B.212,
285B.254, 285B.257, 285B.332, 285B.410, 285B.413, 285B.419,
285B.422, 285B.428, 285B.437, 285B.440, 285B.449, 285B.455,
285B.458, 285B.460, 285B.462, 285B.465, 285B.467, 285B.470,
285B.473, 285B.476, 285B.479, 285B.482, 285B.560, 285B.563,
285B.566, 285B.569, 285B.572, 285B.575, 285B.578, 285B.581,
285B.584, 285B.587, 285B.590, 285B.593, 285B.596, 285B.599 and
285B.755 are repealed. + }
SECTION 112. { + Sections 23 to 38, 47 and 69 of this 2007
Act, the amendments to statutes by sections 1 to 9, 13 to 22, 39
to 46, 48 to 68 and 70 to 109 of this 2007 Act and the repeal of
statutes by section 111 of this 2007 Act become operative on
January 1, 2008. + }
SECTION 113. { + 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 on
its passage. + }
----------