70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session
HA to A-Eng. SB 1128
LC 944/SB 1128-A3
HOUSE AMENDMENTS TO
A-ENGROSSED SENATE BILL 1128
By COMMITTEE ON COMMERCE
May 19
On page 1 of the printed A-engrossed bill, line 4, after '
285A.309,' insert '285A.312,' and after '285A.483,' insert '
285A.486,'.
In line 5, after '285B.233,' insert '285B.236,' and after '
285B.242,' insert '285B.245, 285B.248, 285B.254, 285B.257,
285B.260,'.
In line 9, delete '285A.312,' and after '285A.363, ' insert
'285A.366,'.
Delete page 13.
On page 14, delete lines 1 through 6.
In line 7, delete '22' and insert '19'.
In line 33, delete '23' and insert '20'.
On page 15, line 4, delete '24' and insert '21'.
In line 17, delete '25' and insert '22'.
On page 16, line 32, delete '26' and insert '23'.
On page 20, line 8, delete '27' and insert '24'.
In line 32, delete '28' and insert '25'.
On page 21, delete lines 7 through 45.
On page 22, delete lines 1 through 38.
In line 39, delete '31' and insert '26'.
On page 23, line 17, delete '32' and insert '27'.
On page 24, line 31, delete '33' and insert '28'.
On page 25, line 21, delete '34' and insert '29'.
In line 31, delete '35' and insert '30'.
On page 26, line 4, delete '36' and insert '31'.
In line 26, delete '37' and insert '32'.
In line 31, delete '38' and insert '33'.
In line 43, delete '39' and insert '34'.
On page 27, line 43, delete '40' and insert '35'.
On page 28, line 13, delete '41' and insert '36'.
In line 28, delete '42' and insert '37'.
In line 35, delete '43' and insert '38'.
On page 29, line 36, delete '44' and insert '39'.
On page 30, line 12, delete '45' and insert '40'.
In line 19, delete '46' and insert '41'.
On page 31, line 18, delete '47' and insert '42'.
On page 32, line 1, delete '48' and insert '43'.
On page 33, line 15, delete '49' and insert '44'.
In line 38, delete '50' and insert '45'.
On page 35, line 32, delete '51' and insert '46'.
On page 37, after line 17, insert:
' { + SECTION 47. + } ORS 285B.230 is amended to read:
' 285B.230. As used in ORS 285B.230 to 285B.251 and 285B.269,
unless the context requires otherwise:
' { - (1) 'Key industry' has the meaning given that term in
ORS 285B.280. - }
' { - (2) - } { + (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 plan. + }
' (3) 'Regional { - strategy - } { + investment plan + } '
is a { - six-year - } { + long-term + } economic { + and
community + } development plan, updated each biennium, { - to
build or enlarge key industries that are recommended by the
region and its citizens. A regional strategy shall consider the
needs of industry, the region's workforce and the economic and
community development priorities of the region, including rural
communities - } { + that focuses on the economic and community
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 and community
development, education, workforce development, natural resource
management and other civic activities + }.
' { + (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 and the Department of Environmental Quality to
provide a forum for coordination of economic and community
development planning and investments so that strategies and
processes for economic and community development are leveraged to
the greatest extent possible to meet agreed-upon priority issues,
challenges and goals. + }
' { + SECTION 48. + } ORS 285B.233 is amended to read:
' 285B.233. (1) The Legislative Assembly finds that regional
{ - strategies - } { + investment plans + } are { - key - }
{ + essential + } to the state's economic
{ - revitalization - } { + and community development goals + }
and that to be effective regional { - strategies - } { +
investment plans + } must have the coordinated support of
available resources.
' (2) The Legislative Assembly declares that the purpose of ORS
285B.230 to 285B.251 and 285B.269 is:
' (a) To encourage the development of { - strategies - }
{ + regional investment plans + } that address the economic
{ - problems - } { + and community development priorities + }
of each region of the state;
' (b) To { - encourage the coordination of regional
strategies with the statewide key industries program - } { +
identify and coordinate regional economic and community
development priorities + };
' { + (c) To ensure that economic and community development
plans reinforce the long-term prosperity and livability of
Oregon; + }
' { - (c) - } { + (d) + } To effectively utilize available
resources through a regional { - strategies - } { +
investment + } program; and
' { - (d) - } { + (e) + } To coordinate private and public
resources to support economic { + and community + } development.
' { + SECTION 49. + } ORS 285B.236 is amended to read:
' 285B.236. (1) The Economic { + and Community + } Development
Department, by rule, shall adopt { - standards - } { +
guidelines + } for { + submission of + } regional
{ - economic development strategies - } { + investment plans
and distribution of funds + }.
' (2) The { - standards - } { + guidelines + } shall
provide that the
{ - strategies - } { + regional investment plans + } are
approved in accordance with criteria reflecting the economic { +
and community + } benefits to the state. Each { - strategy - }
{ + regional investment plan + } must at a minimum set forth in
measurable terms the extent to which the
{ - strategy will retain, increase or lead to an increase in
the number of family wage jobs in this state - } { + plan will
accomplish the economic and community 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. A region shall consist of at least
two contiguous counties. { - However, the boundaries of a
region established by the department shall not be changed for the
duration of the regional strategy developed for the region under
ORS 285B.242 or prior to July 1, 1999 - } { + 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
{ - economy and to select its strategy accordingly - } { +
economic and community development needs + }.
' { - (5) The department shall notify the Housing and
Community Services Department of any proposed regional strategy
with a related workforce increase at the time the department
receives the region's completed regional strategy proposal under
ORS 285B.239. - }
' { - (6) All regions of this state shall be eligible to
participate in the program operated under ORS 285B.230 to
285B.251 and 285B.269. - }
' { + SECTION 50. + } ORS 285B.239 is amended to read:
' 285B.239. Regional { - economic development strategies - }
{ + investment plans + } shall serve as a basis for state
financial assistance to projects to { - aid a regional
economy - } { + meet regional economic and community
development priorities + }. Each group of counties that form a
region shall submit a regional { - strategy which - } { +
investment plan that + } at a minimum shall include the following
elements:
' (1) An identification of { - the key industries that the
region is seeking to stimulate with its regional strategy - }
{ + short-term and long-term regional economic and community
development priorities + };
' (2) An analysis of the unique or significant resources that
provide the foundation for the { - strategy - } { + regional
investment plan + };
' (3) An analysis of barriers to { - development - } { +
implementation + } of the { - selected key industries in the
region - } { + regional investment plan + } and an
identification of the means to overcome those barriers;
' (4) A long-term { - action - } plan { - extending over a
period of 6 to 10 years - } to implement the regional
{ - strategy - } { + investment plan + }, including
{ + necessary + } actions by:
' (a) Local governments;
' (b) The private sector;
' (c) State government; and
' (d) Federal Government;
' (5) A two-year { - action - } { + implementation + } plan
with a prioritized list of { + projects and + } activities to be
undertaken or funded by the state from lottery proceeds and other
sources;
' (6) A plan for involvement of disadvantaged and minority
groups in the { - regional strategies and an identification of
job training and employment practices to benefit the economically
disadvantaged including but not limited to, affirmative action
goals - } { + region + };
' (7) Performance measurements for meeting the objective set
forth in ORS 285B.236 (2). Each region shall develop an
evaluation plan, as part of its { - strategy document - } { +
regional investment plan + }, for measuring and monitoring
{ - strategy - } { + regional investment plan + } performance.
{ - As a minimum requirement, - } The evaluation plan shall
include { - a method and time schedule - } { + regional
benchmarks + } for monitoring achievement of the { - long-term
goals and objectives and the two-year action plan of the region.
The plan shall also include criteria for measuring long-term and
short-term economic effects - } { + regional investment plans
and priorities. When regional benchmarks are established, interim
indicators of performance shall be determined after negotiation
between the regional board and the Oregon Economic and Community
Development Commission. The regional board shall periodically
submit performance reports to the county governing bodies in the
region, the Oregon Economic and Community Development Commission,
the Governor and the Legislative Assembly + }; and
' (8) An overall strategy management and project implementation
plan that demonstrates that a region has the capacity to allocate
resources and insures that such resources are effectively used.
' { + SECTION 51. + } 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
{ - strategy - } { + investment plan + } as provided in ORS
285B.239. The governing body of a county shall designate a
regional { - strategy - } board to develop the { - strategy
recommendation - } { + regional investment plan + }. The
regional { - strategy - } board shall consist of individuals
{ - selected from the general public. A majority of the members
of the regional strategy board shall be individuals who primarily
represent the private economic sector - } { + who represent
various local interests including cities, counties, ports,
special districts and Indian tribes and significant
representation from the private economic sector + }. The regional
{ - strategy - } board shall include members who are
representatives of rural interests, including local government.
' (2) The regional { - strategy - } board shall be
responsible for developing the regional { - strategy - } { +
investment plan + } for the
{ - county - } { + region + }.
' (3) The regional { - strategy - } 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
the regional { - strategy - } { + investment plan + }
described in ORS 285B.239.
' (4) In developing the list provided for in ORS 285B.239 (5),
a regional { - strategy - } board shall consult with
{ - firms in the - } industries { - targeted by the
strategy - } , cities, ports, special districts, regional
workforce committees and federally recognized Oregon Indian
tribes located in the region.
' (5) { - Regions shall select a strategy and submit
recommendations for the strategy - } { + A region shall submit
the regional investment plan + } 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 { - strategy
requests - } { + regional investment plans + } and
{ - assure - } { + ensure + } compliance with the requirements
of ORS 285B.230 to 285B.251 and 285B.269. The Oregon Economic
{ + and Community + } Development Commission shall make
recommendations on approval of the { - strategy - } { +
plan + } to the Governor for final approval or shall return the
{ - strategy - } { + plan + } to the regional
{ - strategy - } board for further modification.
' (6) { - Regions that fail to submit regional strategies to
the department within 11 months after the beginning of the
biennium and do not receive final approval of those strategies
within 15 months after the beginning of the biennium may not
continue to participate in the regional strategies program
established by ORS 285B.230 to 285B.251 and 285B.269 or receive
moneys from the Regional Strategies Fund for the program for that
biennium. The department shall reallocate any moneys designated
for regions that fail to meet the deadlines to regions remaining
in the regional strategies program - } { + 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 { - strategy - } { + investment
plan + } is developed by a regional { - strategy - } board,
adopted by the governing bodies of the counties and approved by
the Governor, the regional
{ - strategy - } board, in each biennium, shall
{ - refine - } { + update + } the
{ - strategy - } { + plan + } and recommend a two-year
{ - action - } { + implementation + } plan { - to implement
the strategy during that biennium - } . The
{ - action - } { + implementation + } plan 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) { - A regional strategy shall not be approved by the
Oregon Economic Development Commission or by the Governor unless
those portions of the strategy relating to key industries are
submitted to a statewide organization representing the affected
key industries for its review and comment. For the purposes of
this subsection, the Economic Development Department shall
determine which statewide organizations represent the affected
key industries. If the department determines that no statewide
organization exists, the provisions of this subsection shall not
apply to the relevant portions of a regional strategy - } { +
The Governor may delegate responsibility for review and approval
of a regional investment plan to a regional partnership + }.
' { + SECTION 52. + } ORS 285B.245 is amended to read:
' 285B.245. (1) After considering the recommendations
submitted, the Governor may adopt a proposed regional
{ - strategy - } { + investment plan + } or return the
{ - strategy - } { + plan + } to the affected counties for
modification.
' (2) The Economic { + and Community + } Development
Department shall coordinate adopted regional { - strategies - }
{ + investment plans + } with existing state and local economic
development efforts to support a state strategy for economic
development. Regions using regional
{ - strategies - } { + 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 { - insure - } { +
ensure + } coordination among statewide marketing efforts and
regional tourism and industrial marketing projects funded through
the regional { - strategies - } { + investment + } program
established under ORS 285B.230 to 285B.251 and 285B.269.
' (3) The department shall discourage competition among regions
for existing Oregon businesses and economic activity.
' { + SECTION 53. + } ORS 285B.248 is amended to read:
' 285B.248. In carrying out the provisions of ORS 285B.230 to
285B.251 and 285B.269, the Economic { + and Community + }
Development Department shall work to { - assure - } { +
ensure + } that all counties are included in a region with an
adopted { - strategy - } { + regional investment plan + } and
that each regional { - strategy - } { + investment plan + }
is approved for implementation.
' { + SECTION 54. + } ORS 285B.254 is amended to read:
' 285B.254. (1) There is created a Rural 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 Rural Investment Fund. The Rural 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. The
moneys in the fund are continuously appropriated to the Economic
{ + and Community + } Development Department to be used to
promote economic and community development in rural communities.
' (2) The department may use moneys in the Rural Investment
Fund to pay for the administrative expenses of operating the
economic development programs under ORS 285B.257.
' (3) After consulting with regional { - strategy - } 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 Rural Investment
Fund.
' { + SECTION 55. + } ORS 285B.257 is amended to read:
' 285B.257. (1) Moneys in the Rural Investment Fund shall be
distributed to regional { - strategy - } boards designated
under ORS 285B.242 for economic development programs and projects
designed to benefit rural communities.
' (2) Each regional { - strategy - } board shall update the
regional { - economic development strategy - } { + investment
plan + } prepared under ORS 285B.239 to include a rural action
plan consistent with the purpose and objectives of the Rural
Investment Fund. A rural action plan must be { - approved - }
{ + reviewed + } by the Oregon Economic { + and Community + }
Development Commission { + and approved by the Governor + }
before any moneys from the Rural Investment Fund may be
distributed for implementing any program or project described in
the rural action plan. Moneys from the Rural Investment Fund
shall not be used to retire any debt or pay for expenditures made
or expenses incurred prior to the approval of a rural action
plan.
' (3) In each biennium, a regional { - strategy - } board
may dedicate a portion of the moneys distributed to the board
from the Rural Investment Fund for technical assistance and staff
support for updating the rural action plan and for developing
programs and projects under the rural action plan. The regional
{ - strategy - } board shall determine the amount of moneys
dedicated to such purposes. Notwithstanding subsection (2) of
this section, the Economic { + and Community + } Development
Department may distribute moneys from the Rural Investment Fund
for technical assistance and staff support prior to approval of
the rural action plan.
' (4) In each biennium, each regional { - strategy - } board
shall submit a report on the expenditure of moneys received under
this section and shall indicate the success of the programs and
projects financed with moneys from the Rural Investment Fund. The
success of programs and projects shall be defined by specific
performance measurements developed by the regional
{ - strategy - } board. The report required by this subsection
shall be made part of the biennial report submitted to the
Governor and the Legislative Assembly under ORS 285B.263.
' (5) Moneys from the Rural Investment Fund shall not be used
to substitute for local government expenditures for existing and
continuing public services. The Economic { + and Community + }
Development Department shall adopt rules to carry out the
provisions of this subsection.
' { + SECTION 56. + } ORS 285B.260 is amended to read:
' 285B.260. (1) There is created a Regional
{ - Strategies - } { + 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 { - Strategies - } { + 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
{ - Strategies - } { + Investment + } Fund to pay for the
administrative expenses of operating the regional
{ - strategies - } { + investment + } program under ORS
285B.230 to 285B.251 and 285B.269.
' (3) The fund shall not be used to retire any debt or to
reimburse any person or municipality for expenditures made or
expenses incurred prior to the adoption of a regional
{ - strategy - } { + investment plan + }.
' { + SECTION 57. + } 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) Not less than 75 percent of the moneys in the
Regional Strategies Fund as regional guideline funds for: - }
' { - (A) - } { + (a) + } Technical assistance and staff
support for
{ - regional strategy development - } { + preparation and
update of regional investment plans + }; { - and - }
' { - (B) - } { + (b) + } Projects { + and activities + }
implementing an approved regional { - strategy - } { +
investment plan and implementing priorities described in the
plan; and
' (c) Personnel necessary to administer the plans and
projects + }.
' { - (b) - } { + (2) + } { - not more than 25 percent of
the moneys in the Regional Strategies Fund - } { + 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, either centrally or to regional
boards or both, + } for multiregion projects
{ - selected by the Governor - } that implement the approved
regional
{ - strategies - } { + investment plans + } of two or more
regions { + with common economic and community development
priorities + }. Funding for multiregion projects under this
{ - paragraph - } { + subsection + } shall be awarded, at the
discretion of the { - Governor - } { + commission + },
according to the quality of the defined projects.
{ - Multiregion projects that receive funding under this
paragraph must support the development of the key industries
included in the regional strategies for the regions. - }
' { - (2) - } { + (3) + } In each biennium, a regional
{ - strategy - } board may dedicate a portion of regional
{ - guideline - } { + investment + } funds for technical
assistance and staff support for regional { - strategy - }
{ + investment plan + } development and refinement { + and
development and administration of regional partnerships + }. The
portion of funds so dedicated shall be determined by the
{ - department - } { + commission + }. The
{ - department - } { + commission + } shall provide regional
{ - strategy - } boards with these funds prior to
{ - strategy - } approval { + of regional investment
plans + }.
' { - (3) - } { + (4) + } In each biennium, a regional
{ - strategy - } board may dedicate a portion of regional
{ - guideline - } { + 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 { - strategy - } { +
investment plan + } and that support the { - development of the
key industries - } { + regional priorities + } included in the
regional { - strategy - } { + investment plan + }. The terms
and conditions of grants or loans to be made under this
subsection must be contained in the regional { - strategy - }
{ + investment plan + } at the time it is submitted for state
review.
' { - (4) - } { + (5) + } After a regional
{ - strategy - } { + investment plan + } is adopted, the
department in each calendar quarter shall provide regional
{ - guideline - } { + investment + } funds, less any moneys
used for technical assistance and staff support for
{ - strategy - } { + regional investment plan + } development,
to the region. Moneys received under this subsection shall be
used for development of projects based upon an evaluation by the
regional { - strategy - } board of the merit and readiness of
the projects. Projects that receive such financial assistance
must be consistent with the { + priorities of the + } approved
regional { - strategy - } { + investment plan + }.
' { - (5) - } { + (6) + } In each biennium, each regional
{ - strategy - } 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 in achieving the regional { - strategy goals - } { +
economic and community development priorities + } described in
ORS 285B.236 (2). Future grants to a regional { - strategy - }
board { - shall - } { + may + } be based on the performance
of the board.
' { + SECTION 58. + } ORS 285A.486 is amended to read:
' 285A.486. (1) Rural communities participating in the rural
revitalization program established by ORS 285A.480 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.480 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 insure 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.480 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.480 to 285A.495 with
other programs including, but not limited to, federal programs,
the regional { - strategies - } { + investment + } program
established under ORS 285B.230 to 285B.269, the special public
works program established under ORS 285B.464 and 285B.410 to
285B.479, 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 59. + } { + The amendments to ORS 285B.242,
285B.260 and 285B.263 by sections 51, 56 and 57 of this 1999 Act
change the name of the Regional Strategies Fund to the Regional
Investment Fund. For purposes of the laws of this state and the
rules of state agencies, the Regional Investment Fund is a
continuation of the Regional Strategies Fund and not a new
fund. + } ' .
In line 18, delete '52' and insert '60'.
In line 34, delete '53' and insert '61' and delete '
285A.312,'.
In line 35, after the first comma insert '285A.366,'.
In line 40, delete '54' and insert '62'.
----------