75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
HA to A-Eng. HB 2152
LC 776/HB 2152-A3
HOUSE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 2152
By JOINT COMMITTEE ON WAYS AND MEANS
June 15
On page 1 of the printed A-engrossed bill, line 7, after '
285A.693,' insert '285A.696,'.
In line 19, delete '285A.696,'.
On page 2, after line 4, insert:
' { + SECTION 1. + } { + Sections 1a to 7 of this 2009 Act
are added to and made a part of ORS chapter 285A. + } ' .
In line 6, delete '1' and insert '1a'.
In line 28, after 'Governor' insert ', the State Treasurer'.
In line 44, delete 'and' and insert a comma.
In line 45, after 'ment' insert 'and the Oregon Business
Development Department'.
On page 3, line 3, after 'Director' delete the rest of the line
and insert 'and the Governor.'.
In line 4, after 'sector' delete the rest of the line and line
5 and insert 'with respect to state policies and programs to
address the infrastructure needs of this state.'.
Delete lines 11 through 15 and insert:
' { + SECTION 3. + } (1) The Oregon Infrastructure Finance
Authority is established as an administrative section within the
Oregon Business Development Department, subject to the
supervision of the administrator of the authority. The authority
consists of the administrator and all personnel employed by the
authority.
' (2) The authority shall develop and administer programs and
funds of the department that address the infrastructure needs of
this state pursuant to the policies of, and as may be recommended
by, the Oregon Infrastructure Finance Authority Board. '
In line 16, delete '(2)' and insert '(3)'.
In line 18, delete '(3)' and insert '(4)'.
In line 24, after 'authority' insert 'and the Oregon
Infrastructure Finance Authority Board'.
In line 28, delete 'approve loans or grants to' and insert '
enter into agreements for loans, grants or other assistance,
including, but not limited to, direct purchase of goods or
services, with'.
On page 4, line 13, after 'Department' delete the rest of the
line and line 14 and insert 'for the authority for the purposes
of sections 1a to 7 of this 2009 Act.'.
Delete lines 25 through 28 and insert:
' { + SECTION 7. + } { + The Director of the Oregon Business
Development Department, in accordance with ORS chapter 183, may
adopt rules for the operation of the Oregon Infrastructure
Finance Authority as the director determines necessary or
convenient for the authority to perform its duties and functions
and as are consistent with and necessary to carry out the
policies established by the Oregon Infrastructure Finance
Authority Board. + } ' .
Delete lines 33 through 45 and insert:
' { + SECTION 8. + } ORS 285A.010 is amended to read:
' 285A.010. As used in ORS 284.101 to 284.146 and ORS chapters
285A, 285B and 285C, unless the context requires otherwise: { +
' (1) 'Administrator' means the administrator of the Oregon
Infrastructure Finance Authority.
' (2) 'Association' means a nonprofit, private, incorporated or
unincorporated institution, foundation, organization, entity or
group, whether local, state, regional or national, that is
operating or doing business in Oregon.
' (3) 'Authority' means the Oregon Infrastructure Finance
Authority.
' (4) 'Board' means the Oregon Infrastructure Finance Authority
Board. + }
' { - (1) - } { + (5) + } 'Commission' means the
{ - Oregon Economic and Community Development Commission - }
{ + Oregon Business Development Commission + }.
' { - (2) - } { + (6) + } '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) - } { + (7) + } 'Department' means the
{ - Economic and Community Development Department - } { +
Oregon Business Development Department + }.
' { - (4) - } { + (8) + } 'Director' means the Director of
the { - Economic and Community Development Department - } { +
Oregon Business Development Department + }.
' { - (5) - } { + (9) + } '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) - } { + (10) + } 'International trade' means the
export and import of products and services and the movement of
capital for the purpose of investment.
' { + (11) 'Local government' has the meaning given that term
in ORS 174.116.
' (12) 'Municipality' means an Oregon city or county, the Port
of Portland created by ORS 778.010, 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.
' (13) 'Public body' has the meaning given that term in ORS
174.109. + }
' { - (7) - } { + (14) + } '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 cities with populations
of 30,000 or more.
' { - (8) 'Traded sector' means industries in which member
firms sell their goods or services into markets for which
national or international competition exists. - }
' { - (9) - } { + (15) + } 'Small business' means a business
having 100 or fewer employees.
' { + (16) 'State agency' includes state officers,
departments, boards and commissions.
' (17) 'Traded sector' means industries in which member firms
sell their goods or services into markets for which national or
international competition exists. + } ' .
On page 5, delete lines 1 through 8.
On page 8, after line 30, insert:
' (6) The commission may prepare and submit suggested
administrative rules to the Director of the Oregon Business
Development Department that the commission determines are
necessary for the objectives and programs of the department.'.
On page 15, line 42, delete the boldfaced material and insert '
Oregon Business Development Department for the Oregon
Infrastructure Finance Authority for the purposes set forth in
this section.'.
On page 16, line 2, restore the bracketed material.
In line 3, restore the bracketed material.
In line 15, delete 'authority' and insert 'Oregon Business
Development Department'.
In line 18, restore 'of Human Ser-'.
In line 19, restore the bracketed material.
In line 20, delete 'authority' and insert 'Oregon Business
Development Department'.
In line 34, delete the boldfaced material and insert 'Oregon
Business Development Department'.
On page 17, delete lines 30 through 45 and insert:
' { + SECTION 28. + } ORS 285A.227 is amended to read:
' 285A.227. (1) There is created within the State Treasury,
separate and distinct from the General Fund, the { - Oregon
Community Development Fund. - } { + Oregon Business, Innovation
and Trade Fund. Interest earned by the Oregon Business,
Innovation and Trade Fund shall be credited to the fund. The
moneys in the Oregon Business, Innovation and Trade Fund are
continuously appropriated to the Oregon Business Development
Department for the purpose of financing programs and projects
that promote business and economic development throughout the
state. The fund shall consist of all moneys credited to the fund,
including moneys from the Administrative Services Economic
Development Fund, federal funds collected or received, and fees,
moneys or other revenues, including Miscellaneous Receipts,
collected or received by the department, and all interest
earnings that accrue to the fund.
(2) + }The { - fund - } { + Oregon Business, Innovation
and Trade Fund + } is created to provide a flexible funding
source for financing those programs and projects that are
determined by the { - Oregon Economic and Community Development
Commission - } { + Oregon Business Development Commission + }
under the policies, criteria and standards set forth in ORS
285A.020, 285A.045 and 285A.055 to further { + business and + }
economic { - and community - } development. The { - Economic
and Community Development Department - } { + Oregon Business
Development Department + } may finance programs and projects
determined by the commission to further { + business and + }
economic { - and community - } development by making grants or
loans using moneys in the fund. Notwithstanding ORS 279A.140, the
department may enter into contracts as necessary or appropriate
to implement programs and projects determined by the commission
to further { + business and + } economic { - and community - }
development using moneys in the fund. { - The Oregon Community
Development Fund shall consist of all moneys credited to the
fund, including moneys from the Administrative Services Economic
Development Fund, federal funds collected or received, and fees,
moneys or other revenues, including Miscellaneous Receipts,
collected or received by the Economic and Community Development
Department, and all interest earnings that accrue to the fund.
The moneys in the Oregon Community Development Fund are
continuously appropriated to the Economic and Community
Development Department to promote economic and community
development. - }
' { - (2) - } { + (3) + } The { - Oregon Economic and
Community Development Commission - } { + Oregon Business
Development Department + }, by rule, shall adopt standards,
objectives and criteria for use of the moneys in the { - Oregon
Community Development Fund - } { + Oregon Business, Innovation
and Trade Fund and for the adjustment of allocations to programs
and projects that receive funding from the fund + }.'.
On page 18, delete lines 1 through 11.
In line 14, after 'to' insert 'the Oregon Business Development
Department for the Oregon Infrastructure Finance Authority to'.
In line 15, after the period insert 'Interest earned by the
Title I Bank Fund shall be credited to the fund.'.
In line 23, after 'The' delete the rest of the line and lines
24 and 25 and insert 'Oregon Infrastructure Finance Authority
shall administer the fund.'.
In line 26, restore the bracketed material and delete the
boldfaced material.
On page 19, line 14, delete 'Infrastructure Finance Authority'
and insert 'Business Development Commission and the Oregon
Business Development Department, through the Oregon
Infrastructure Finance Authority,'.
On page 20, line 4, before 'Oregon' insert 'Oregon Business
Development Commission and the Oregon Business Development
Department, through the' and after 'Authority ' insert a comma.
In line 17, before 'Oregon' insert 'Oregon Business Development
Department for the'.
On page 21, line 31, delete 'authority' and insert 'Oregon
Business Development Department'.
In line 32, restore the bracketed material and delete the
boldfaced material.
On page 23, line 10, after the period delete the rest of the
line.
Delete line 11 and insert:
' (3) The Oregon Business Development Department shall adopt by
rule eligibility criteria and award limits for grants from the
fund.'.
In line 29, delete the boldfaced material and insert ' Business
Development Department'.
In line 32, delete the boldfaced material and insert '
department'.
In line 35, delete the boldfaced material and insert '
department'.
After line 42, insert:
' { + SECTION 45a. + } ORS 285A.696 is amended to read:
' 285A.696. The { - Oregon Economic and Community Development
Commission - } { + Oregon Business Development Commission + }
may appoint the Director of the { - Economic and Community
Development Department - } { + Oregon Business Development
Department + } as their representative and agent in all matters
pertaining to ORS 285A.666 to 285A.732. The director shall
{ - assure - } { + ensure + } that all provisions of ORS
285A.666 to 285A.732 are complied with and that appropriately
trained personnel are employed pursuant to ORS 285A.070 to
properly administer the fiscal and other portions of ORS 285A.666
to 285A.732.'.
On page 24, line 32, after the period insert 'Interest earned
by the Oregon Port Revolving Fund shall be credited to the
fund.'.
In line 33, before 'Oregon' insert 'Oregon Business Development
Department for the'.
On page 43, line 34, delete the boldfaced material and insert '
Oregon Business Development Department'.
On page 45, line 18, after 'quality' insert 'of'.
In line 29, delete 'Infrastructure Finance Authority' and
insert 'Business Development Department'.
In line 34, delete the boldfaced material and insert 'Oregon
Business Development Department'.
In lines 35 and 36, restore the bracketed material and delete
the boldfaced material.
On page 46, line 39, delete 'Infrastructure Finance Authority'
and insert 'Business Development Department'.
In line 41, restore 'department.' and delete the boldfaced
material.
On page 47, line 34, delete the boldfaced material and insert '
Oregon Business Development Department'.
On page 48, line 1, restore the bracketed material and delete
the boldfaced material.
In line 8, delete the boldfaced material and insert 'Oregon
Business Development Department.'.
In line 9, delete the boldfaced material.
In line 12, restore the bracketed material and delete the
boldfaced material.
In line 19, after the period insert 'Interest earned by the
Special Public Works Fund shall be credited to the fund.'.
In line 20, before 'Oregon' insert 'Oregon Business Development
Department for the'.
In line 21, before the period insert 'for the purposes set
forth in this section'.
On page 49, line 11, restore the bracketed material and delete
the boldfaced material.
On page 50, line 3, after the period delete the rest of the
line and lines 4 through 6 and insert:
' (1) The Oregon Infrastructure Finance Authority shall
determine eligibility for revenue bond financing under ORS
285B.467 to 285B.479 of development projects that have qualified
under ORS 285B.419 to 285B.437 and 285B.449 pursuant to rules
adopted by the Oregon Business Development Department.'.
In line 7, delete 'Upon determining' and insert 'After a
determination is made'.
In line 8, restore the bracketed material and delete the
boldfaced material.
In line 21, after the period delete the rest of the line.
In line 34, delete the boldfaced material and insert ' Business
Development Department,'.
In line 39, restore the bracketed material and delete the
boldfaced material.
On page 51, line 9, delete the boldfaced material and insert '
Oregon Business Development Department'.
In line 16, after the period insert 'Interest earned by the
Oregon Unified International Trade Fund shall be credited to the
fund.'.
In line 17, before 'Oregon' insert 'Oregon Business Development
Department for the'.
On page 53, line 19, delete the boldfaced material and insert '
Director of the Oregon Business Development Department.'.
In line 20, delete the boldfaced material.
In line 24, before 'Oregon' insert 'Oregon Business Development
Department for the'.
In line 29, delete the boldfaced material and insert 'Oregon
Business Development Department for the authority'.
On page 54, line 35, delete 'joint'.
In line 37, after 'Department' insert a period and delete the
rest of the line and line 38.
In line 39, delete 'and administrator'.
On page 55, line 2, after the period insert 'Interest earned by
the Economic Infrastructure Project Fund shall be credited to the
fund.'.
In lines 16 through 18, delete the boldfaced material.
In lines 31 through 36, delete the boldfaced material.
In line 37, delete 'cated by the director'.
In line 38, after '285A.227' delete the rest of the line.
In line 39, delete the boldfaced material.
In line 41, delete the boldfaced material.
On page 56, line 8, delete the second 'the'.
In line 9, restore the bracketed material and delete the
boldfaced material and after 'director' insert 'of the Oregon
Business Development Department. The director'.
In line 14, delete the boldfaced material and insert ' Director
of the Oregon Business Development Department'.
In line 21, before 'Oregon' insert 'Oregon Business Development
Department for the'.
In line 42, before 'Oregon' insert 'Oregon Business Development
Department, the'.
On page 57, line 3, before 'Oregon' insert 'Oregon Business
Development Department, the'.
In line 13, delete the boldfaced material and insert ' Director
of the Oregon Business Development Department,'.
In line 18, before 'Oregon' insert 'Oregon Business Development
Department, the'.
In line 21, before the first 'Oregon' insert 'Oregon Business
Development Department, the'.
In line 30, before 'Oregon' insert 'Oregon Business Development
Department for the'.
On page 58, line 37, after the period insert 'Interest earned
by the Water Fund shall be credited to the fund.'.
In line 38, before 'Oregon' insert 'Oregon Business Development
Department for the'.
On page 59, line 5, restore 'department' and delete '
authority'.
In lines 31 and 32, restore the bracketed material and delete
the boldfaced material.
On page 60, delete lines 27 through 42 and insert:
' { + SECTION 123. + } ORS 285B.572 is amended to read:
' 285B.572. { - (1) The Economic and Community Development
Department shall adopt by rule standards to determine the
eligibility of a water project for revenue bond financing under
ORS 285B.560 to 285B.599. - }
' { + (1) The Oregon Infrastructure Finance Authority shall
determine eligibility of a water project for revenue bond
financing under ORS 285B.560 to 285B.599 pursuant to rules
adopted by Oregon Business Development Department. + }
' (2) Upon determining that a water project is eligible for
revenue bond financing, the { - department - } { + authority
+ }shall forward a description of the project to the State
Treasurer. The State Treasurer shall determine whether to issue
revenue bonds.
' { + SECTION 124. + } ORS 285B.575 is amended to read:
' 285B.575. (1) At the request of the { - Economic and
Community Development Department, - } { + Oregon Business
Development Department, + } the State Treasurer may issue in the
name of the State of Oregon revenue bonds secured by moneys paid
to the Water Fund and pledged to finance or refinance in whole or
in part the cost of a water project. The revenue bonds issued
under this section shall be issued in the manner prescribed by
ORS chapter 286A, and refunding bonds may be issued to refinance
the revenue bonds.
' (2) The department or the State Treasurer may appoint bond
counsel as prescribed under ORS 286A.130.'.
On page 61, line 22, after '285B.584.' delete the rest of the
line.
In line 23, before 'Oregon' insert 'The'.
In line 42, delete 'authority' and insert 'Oregon Business
Development Department'.
On page 62, line 3, delete the boldfaced material and insert '
Oregon Business Development Department'.
In line 6, restore 'department' and delete 'authority'.
On page 70, line 30, after the period insert 'Interest earned
by the Marine Navigation Improvement Fund shall credited to the
fund.'.
In line 31, before 'Oregon' insert 'Oregon Business Development
Department for the'.
In line 44, restore 'department.' and delete ' authority.'.
On page 71, line 42, after 'earnings' insert 'and interest
earned'.
In line 43, after the period delete the rest of the line and
line 44 and insert 'The moneys in the Channel Deepening Account
are continuously appropriated'.
In line 45, before 'Oregon' insert 'Oregon Business Development
Department for the'.
On page 72, line 13, after 'earnings' insert 'and interest
earned'.
In line 14, after the period delete the rest of the line and
lines 15 through 17.
In line 18, before 'Oregon' insert 'The moneys in the Channel
Deepening Debt Service Account are continuously appropriated to
the Oregon Business Development Department for the'.
Delete lines 25 through 40 and insert:
' { + SECTION 146. + } ORS 777.284 is amended to read:
' 777.284. (1) { - Within six months after August 29, 2003,
the Director of the Economic and Community Development
Department - } { + The Director of the Oregon Business
Development Department + } shall enter into, or modify, a grant
agreement with the primary sponsor { - that commits the
Economic and Community Development Department - } { +
committing the Oregon Business Development Department + } to
request that the State Treasurer issue lottery bonds as provided
in ORS 285B.551 (3) and section 6, chapter 942, Oregon Laws 2001,
to obtain lottery bond proceeds for deposit in the Channel
Deepening Account for payment of the Oregon nonfederal share.
' (2) The total amount paid to the primary sponsor pursuant to
the grant agreement may not exceed the lesser of the amount of
the Oregon nonfederal share or the total amount deposited in the
Channel Deepening Account. The grant agreement:
' (a) Shall specify a method for determining the total amount
of the Oregon nonfederal share; and
' (b) May not contain provisions or be construed or enforced in
any manner that would cause the grant agreement to constitute a
debt or liability of the state that violates section 7, Article
XI of the Oregon Constitution.'.
On page 75, line 4, restore the bracketed material.
On page 80, line 40, delete 'operative date specified in
section 172' and insert 'effective date'.
On page 81, delete lines 1 through 10 and insert:
' { + SECTION 154. + } { + Notwithstanding the transfer of
duties, functions and powers to the Oregon Business Development
Commission by this 2009 Act, the rules of the Economic and
Community Development Department with respect to the duties,
functions or powers of the Oregon Economic and Community
Development Commission that are in effect on the effective date
of this 2009 Act continue in effect until superseded or repealed
by rules of the Oregon Business Development Department.
References in such rules to the Oregon Economic and Community
Development Commission or to an officer or employee of the Oregon
Economic and Community Development Commission are considered to
be references to the Oregon Business Development Commission or an
officer or employee of the Oregon Business Development
Commission. + } ' .
On page 82, line 7, delete 'operative date specified in section
172' and insert 'effective date'.
In line 16, delete 'operative date specified in section 172'
and insert 'effective date'.
In line 45, after 'to' insert 'the Oregon Business Development
Department for the Oregon Infrastructure Finance Authority'.
On page 83, line 11, delete 'Infrastructure Finance Authority'
and insert 'Business Development Department'.
In line 22, delete 'operative date specified in section 172'
and insert 'effective date'.
In line 29, after the second 'the' delete the rest of the line
and line 30 and insert 'Economic and Community Development'.
In line 31, delete 'oper-' and insert 'effective date'.
In line 32, delete 'ative date specified in section 172'.
In line 33, delete 'Infrastructure Finance Authority' and
insert 'Business Development Department'.
In line 34, delete 'Oregon Economic and Community Development
Commission and the'.
On page 84, line 28, delete '285A.696,'.
Delete lines 30 through 38.
In line 39, delete '174' and insert '172'.
On page 85, line 3, delete '175' and insert '173'.
In line 6, delete '176' and insert '174'.
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