2007 Oregon Code - Chapter 285a :: Chapter 285A - Economic Development I
Chapter 285A
— Economic Development I
2007 EDITION
ECONOMIC DEVELOPMENT I
ECONOMIC DEVELOPMENT
GENERAL PROVISIONS
285A.010Â Definitions
for ORS 284.101 to 284.146 and ORS chapters 285A, 285B and 285C
285A.020Â Legislative
findings; declaration of policy and economic strategy
ADMINISTRATION
(Commission)
285A.040Â Oregon
Economic and Community Development Commission; appointment; confirmation;
qualifications of members; term; compensation and expenses; presiding officer;
quorum; meetings; effect of vacancy
285A.045Â Duties
and functions of commission; exercise of commission powers
285A.050Â Biennial
report; content
285A.055Â Prerequisites
for certain commission actions
285A.060Â Advisory
and technical committees
(Department)
285A.070Â Economic
and Community Development Department; organization; director; confirmation;
duties
285A.075Â Department
duties; rules; contract authority; foreign trade offices
285A.080Â Salaries
and expenses of personnel
(Regional Organization)
285A.116Â Regions
for job development and community assistance; economic innovation coordination
(Sister States)
285A.143Â Sister
State Committee; membership; term
285A.145Â Sister
State Committee authority
285A.148Â Fujian
Sister State Committee; membership; term
285A.152Â
(Brownfields Redevelopment and Cleanup)
285A.185Â Brownfields
Redevelopment; rules
285A.188Â Brownfields
Redevelopment Fund; definitions; purpose; criteria and priorities for loans and
grants; rules
285A.190Â Oregon
Coalition Brownfields Cleanup Program; loans and grants; rules
285A.192Â Oregon
Coalition Brownfields Cleanup Fund; sources; purpose
(Financial Affairs)
285A.200Â Gifts;
federal aid; fees for loans
285A.206Â Department
to prepare financial statements; contents
285A.213Â Safe
Drinking Water Revolving Loan Fund; administration; sources; purpose
285A.224Â Business
Retention Fund; uses; rules
285A.227Â Oregon
Community Development Fund; purposes; sources; use; rules
PACIFIC NORTHWEST ECONOMIC REGION COMPACT
285A.240Â Legislative
finding
285A.243Â Compact
TITLE I BANK FUND
285A.300Â Definitions
for ORS 285A.300 to 285A.312
285A.303Â Findings;
purpose
285A.306Â Title
I Bank Fund; administration; rules; costs
285A.309Â Use
of funds
285A.312Â Application
of federal statutes
FOREIGN TRADE ZONES
285A.325Â Foreign
trade zones; operators of zones
285A.328Â Specific
corporation authorized to maintain foreign trade zone
ASSISTANCE TO SMALL BUSINESSES
285A.340Â Legislative
findings; declaration of policy
285A.346Â Purchases
of assistance services for small businesses; grants; requirements for providers
of services; waiver of federal requirements
285A.349Â Evaluation
of effectiveness of assistance
RURAL REVITALIZATION AND LEADERSHIP
DEVELOPMENT PROGRAM
285A.483Â Legislative
findings; declaration of policy
285A.486Â Technical
assistance; leadership training
285A.489Â Contracts
to carry out program
285A.495Â Short
title
ECONOMIC DISLOCATIONS
285A.510Â Definitions
for ORS 285A.510 to 285A.522
285A.513Â Policy
285A.516Â Agency
to receive notice of plant closing or layoff
285A.519Â Notice
to employers of agency that receives closing or layoff notice; assistance
programs
285A.522Â Annual
report of plant closings and layoffs; contents
PORTS
(Generally)
285A.600Â Policy
285A.603 “Port”
defined for ORS 285A.603 to 285A.627
285A.615Â Economic
and Community Development Department managerial assistance and technical
services; cooperation with other agencies
285A.627Â Commission
and department functions; approval required for creation of new ports;
coordinating, planning and research on international trade
(Planning and Marketing)
285A.654Â Port
Planning and Marketing Fund; uses; sources; investment
285A.657Â Grant
purposes; application; standards; prohibited funding
285A.660Â Funding
priorities; port strategic business plans
(
285A.666Â Definitions
for ORS 285A.666 to 285A.732
285A.669Â Application
for project money
285A.672Â Commission
review of application; fee
285A.675Â Private
contract for project not prohibited
285A.678Â Qualifications
for approval of project funding
285A.681Â Loan
from fund; repayment plan; project inspection
285A.684Â Project
moneys from port revolving fund
285A.687Â Filing
of lien against port; notice of satisfaction
285A.690Â Powers
to enforce loan agreement
285A.693Â Sources
of loan repayment moneys
285A.696Â Duties
of director
285A.699Â Reimbursement
to port revolving fund upon refinancing of project
285A.702Â Joint
financing
285A.705Â Loan
contract under joint financing programs
285A.708Â Oregon
Port Revolving Fund; creation; purposes; sources; debt limit
285A.709Â Transfers
to Port Planning and Marketing Fund
285A.711Â Use
of fund proceeds
285A.732Â Short
title
GENERAL PROVISIONS
     285A.010
Definitions for ORS 284.101 to 284.146 and ORS chapters 285A, 285B and 285C. As used in ORS 284.101 to 284.146 and 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 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) “Small business” means a business
having 100 or fewer employees. [Formerly 285.001; 1999 c.509 §1; 2003 c.114 §1;
2007 c.804 §1]
     285A.020
Legislative findings; declaration of policy and economic strategy. (1) The Legislative Assembly finds that:
     (a)
     (A) Special heritage;
     (B) Respect for and cultivation of the
environment; and
     (C) Attention to quality of life issues
that are important to the stateÂ’s economic development, including but not limited
to access to quality, affordable child care for all children in
     (b)
     (c) All regions of the state should share
in
     (d) Creating and retaining quality jobs is
vital to the stateÂ’s continued economic development.
     (e)
     (f) A well educated and trained workforce
is necessary to advance in todayÂ’s global economy.
     (g) The ability of existing businesses to
grow and prosper is critical to
     (h) Utilizing the state’s competitive
advantages is essential to retain existing businesses and attract new companies
and investment into the state.
     (i) Continued economic development depends
on strengthening traded sector industries.
     (j) International trade development and
promotion is invaluable for future economic development opportunities.
     (k) Small businesses remain a critical
element of the stateÂ’s economic development, comprising more than 90 percent of
     (L) Capacity building in rural and
distressed areas is a key component of economic development and revitalization
efforts.
     (m)
     (n) Improving and enhancing infrastructure
is necessary to the stateÂ’s future economic development.
     (o) Federal, state and local agencies
working together will continue to enhance industrial site development and other
economic development activities.
     (p) The Economic and Community Development
Department should be encouraged to convene community development partners to
explore the prospect of making loans to private industrial landowners from the
Brownfields Redevelopment Fund for future development opportunities.
     (2) It is the purpose of ORS 284.101 to
284.146 and ORS chapters 285A, 285B and 285C to advance
     (3) The Legislative Assembly declares that
it is the immediate economic strategy of the state to:
     (a) Promote a favorable investment climate
to strengthen businesses, create jobs and raise real wages;
     (b) Improve the national and global
competitiveness of
     (c) Assist
     (4) To promote the advancement of the
     (a) Processes for making public
investments and working with local and regional issues must be designed for
flexibility so that actions can adapt to the constantly changing conditions and
demands under which communities and businesses operate.
     (b) Partnerships among local, state and
federal governments and public and private organizations and entities should be
strengthened to further the economic strategy of the state.
     (c) The expected impact of public
investment and assistance shall be identified, in terms of measurable outcomes,
whenever possible.
     (d) State, federal and community goals,
constraints and obligations should be identified at the beginning of the
planning process, and the state should work actively with community partners,
regions and state and local agencies to address and accomplish their mutual
objectives.
     (5) When the department provides funds or
assistance for projects, programs, technical support or other authorized
activities pursuant to ORS 284.101 to 284.146 and ORS chapters 285A, 285B and
285C, the department shall give priority to projects, programs and activities
that:
     (a) Retain and create jobs and raise real
wages;
     (b) Promote capacity building, emphasizing
rural and distressed areas;
     (c) Assist small business creation and
expansion;
     (d) Invest and engage in training a
skilled workforce;
     (e) Retain and expand existing companies
and recruit new investment to
     (f) Capitalize on
     (g) Support innovation and research;
     (h) Assist industry clusters to succeed;
     (i) Market
     (j) Promote international trade and
attract foreign direct investment;
     (k) Support the development of industrial
and commercial lands;
     (L) Advance the efforts of ports to
promote economic development activities; and
     (m) Build capacity in
ADMINISTRATION
(Commission)
     285A.040
Oregon Economic and Community Development Commission; appointment;
confirmation; qualifications of members; term; compensation and expenses;
presiding officer; quorum; meetings; effect of vacancy. (1) There is established the Oregon Economic
and Community Development Commission consisting of 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) 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
consideration given to representation of the different geographic regions of
the state, and at least one member shall be a resident of the area east of the
     (B) Not more than five members may belong
to one political party. Party affiliation shall be determined by the
appropriate entry on official election registration cards.
     (C) 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 of
the following year. 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. Ex officio members of the commission are prohibited from
receiving compensation and reimbursement for expenses.
     (4) Subject to confirmation by the Senate,
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) Five 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 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. [Formerly 285.009; 1999 c.509 §3; 2005 c.835 §34;
2007 c.804 §3]
     285A.045
Duties and functions of commission; exercise of commission powers. (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 (3).
     (2) The 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 the commission by law.
     (3) 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.
     (4) 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.
     (5) In carrying out its duties under
subsection (1) of this section, the commission shall coordinate its activities
with federal, state and local agencies, community partners and regions, when
appropriate. [Formerly 285.011; 1999 c.509 §4; 2001 c.174 §1; 2001 c.419 §7;
2001 c.883 §1c; 2007 c.804 §4]
     285A.050
Biennial report; content.
(1) The Oregon Economic and Community Development Commission shall report
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 as adopted by the Legislative Assembly. At a minimum, the report
shall include the following:
     (a) For the overall Economic and Community
Development Department and for each identifiable program and funding source:
     (A) The number of jobs created and
retained;
     (B) The average wage levels of jobs
created and retained; and
     (C) Other measures identified by the
commission.
     (b) The status of the
     (c) Other issues identified by the
commission.
     (2) Reports to the Legislative Assembly
required under this section shall be made in accordance with ORS 192.245. [Formerly
285.013; 1999 c.509 §5; 2001 c.174 §2; 2001 c.419 §8; 2003 c.773 §1; 2003 c.800
§6; 2007 c.804 §5]
     285A.055
Prerequisites for certain commission actions. 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 DepartmentÂ’s
comprehensive policy and programs; and
     (5) Find that the project involved is
consistent with applicable adopted local economic development plans. [Formerly
285.025; 1999 c.509 §6; 2001 c.883 §2; 2007 c.804 §6]
     285A.060
Advisory and technical committees. (1) To aid and advise the Oregon Economic and Community Development
Commission in the performance of its duties, the commission may establish such
advisory and technical committees as it considers necessary. Such committees
may be continuing or temporary. The presiding officer of the commission shall
determine the representation, membership, terms and organization of the
committees and shall appoint their members. Members shall be appointed with due
consideration given to the geographic representation described in ORS 285A.040
(1). The Director of the Economic and Community Development Department, or
designee, shall be an ex officio member of each committee.
     (2) Members of the committees appointed
pursuant to this section shall receive no compensation, but may receive payment
for their actual and necessary travel and other expenses while engaged in the
performance of their official duties. [Formerly 285.030]
(Department)
     285A.070
Economic and Community Development Department; organization; director;
confirmation; duties. (1)
The Economic and Community Development Department is established.
     (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.
     (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
     (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, based on
best managerial practices as determined by the director and 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.
     (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.
     (10) The Oregon Economic and Community
Development Commission shall report periodically to the Governor on the
directorÂ’s performance and make appropriate recommendations. [Formerly 285.033;
1999 c.509 §7; 2007 c.804 §7]
     285A.075
Department duties; rules; contract authority; foreign trade offices. (1) The Economic and Community Development
Department shall:
     (a) Implement programs and adopt rules in
accordance with applicable provisions of ORS chapter 183 that are consistent
and necessary to carry out the policies established by the Oregon Economic and
Community Development Commission and the duties, functions and powers vested by
law in the department.
     (b) Act as the official state liaison
agency for persons interested in locating industrial or business firms in the
state and for state and local groups seeking new industry or business, and
maintain the confidentiality of negotiations conducted pursuant to this
paragraph, if requested.
     (c) Coordinate state and federal economic
and community development programs.
     (d) Administer the state’s participation
in the federal Community Development Block Grant funding program authorized by
42 U.S.C. 5301 et seq.
     (e) Actively recruit domestic and
international business firms to those communities desiring business
recruitment.
     (f) Consult with local governments to
establish regions for the purpose of job development and community assistance
to facilitate economic activities in the region. Regions established for this
purpose need not be of the same size in geographic area or population.
     (g) Establish and operate foreign trade
offices in foreign countries in which the department considers a foreign trade
office necessary. The department shall use department employees, contracts with
public or private persons or a combination of employees and contractors to
establish and operate foreign trade offices. Department employees, including
managers, who are assigned to work in a foreign trade office shall be in the
unclassified service, and the director shall set the salaries of such
employees. ORS 276.428, 279A.120, 279A.140, 279A.155, 279A.275, 279B.025,
279B.235, 279B.270, 279B.280, 279C.370, 279C.500 to 279C.530, 279C.540,
279C.545, 279C.800 to 279C.870, 282.020, 282.050, 282.210, 282.220, 282.230,
283.140, 459A.475, 459A.490, 653.268 and 653.269 do not apply to the departmentÂ’s
operation of foreign trade offices outside the state.
     (h) Consult with other state agencies and
with local agencies and officials prior to defining or designating distressed
areas for purposes of ORS 285A.020.
     (i) Budget moneys for travel and various
other expenses of industrial or commercial site location agents, film or video
production location agents, business journal writers, elected state officials
or other state personnel to accomplish the purposes of ORS 284.101 to 284.146
and ORS chapters 285A, 285B and 285C. The department may expend moneys duly
budgeted to pay the travel and other expenses of such persons if the director
determines the expense may promote the purposes of this subsection.
     (j) Promulgate rules to govern contracts.
     (k) Develop strategies to address issues
that are necessary and appropriate to
     (L) Use practices and procedures that the
department determines are the best practices for carrying out the duties of the
department.
     (2) The department shall have no
regulatory power over the activities of private persons. Its functions shall be
solely advisory, coordinative and promotional.
     (3) Notwithstanding ORS 279A.140, the
department may award grants or enter into contracts as necessary or appropriate
to carry out the duties, functions and powers vested in the department by law. [Formerly
285.035; 2001 c.883 §3; 2003 c.794 §235; 2007 c.804 §89; 2007 c.858 §28]
     285A.080
Salaries and expenses of personnel. The Director of the Economic and Community Development Department and
all unclassified personnel shall receive such salary as may be provided by law
or be fixed by the Oregon Economic and Community Development Commission. In
addition to salaries, the director and all unclassified personnel, subject to
the limitations otherwise provided by law, shall be reimbursed for all
reasonable expenses necessarily incurred in the performance of official duties.
[Formerly 285.036]
     285A.085 [Formerly 285.038; 1999 c.509 §8; repealed
by 2007 c.804 §86]
     285A.090 [Formerly 285.050; 1999 c.509 §9; 2001 c.883
§40; 2003 c.773 §1a; 2003 c.800 §7; 2007 c.858 §29; repealed by 2007 c.804 §§86,87]
     285A.095 [1997 c.535 §2; 2003 c.773 §1b; 2003 c.800 §8;
repealed by 2007 c.804 §86]
     285A.100 [Formerly 285.055; repealed by 2007 c.804 §86]
     285A.105 [Formerly 285.060; 2003 c.242 §6; repealed
by 2007 c.804 §86]
     285A.110 [Formerly 285.065; 2001 c.104 §97; repealed
by 2007 c.804 §86]
     285A.112 [2003 c.773 §58 and 2003 c.800 §1; repealed
by 2007 c.804 §86]
     285A.114 [2003 c.800 §4; 2005 c.748 §25; repealed by
2007 c.804 §86]
     285A.115 [Formerly 285.068; repealed by 1999 c.509 §61]
(Regional
Organization)
     285A.116
Regions for job development and community assistance; economic innovation
coordination. (1) The Oregon
Economic and Community Development Commission shall establish regions for the
purpose of job development and community assistance by the Economic and
Community Development Department. When establishing the regions, the commission
must consider the optimal size for each region that will most effectively facilitate
economic development activities in the region. Regions established by the
commission do not have to be of the same size or population.
     (2) The Director of the Economic and
Community Development Department shall provide for economic innovation coordination
in the central office, which shall assist the field representatives in
establishing contacts between local businesses and universities and community
colleges in
     Note: 285A.116 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 285A or
any series therein by legislative action. See Preface to Oregon Revised Statutes
for further explanation.
     285A.125 [1997 c.700 §1; repealed by 2007 c.804 §86]
     285A.128 [1997 c.700 §2; repealed by 2003 c.114 §4]
     285A.131 [Formerly 285.071; 1999 c.509 §24; 2001
c.204 §1; 2003 c.114 §2; repealed by 2007 c.804 §86]
     285A.133 [Formerly 285.073; 2003 c.114 §3; repealed
by 2007 c.804 §86]
     285A.136 [1997 c.700 §6; 2003 c.800 §9; repealed by
2007 c.804 §86]
     285A.139 [Formerly 285.069; repealed by 2007 c.804 §86]
     285A.141 [1999 c.817 §2; 2003 c.563 §1; repealed by
2007 c.804 §86]
(Sister
States)
     285A.143
Sister State Committee; membership; term. (1) The Sister State Committee shall be appointed as described in
subsection (2) of this section. The committee may consist of not more than 21
members.
     (2) Membership of the Sister State
Committee includes:
     (a) A cochairperson of the committee who
is appointed by the President of the Senate from among the members of the
Senate;
     (b) A cochairperson of the committee who
is appointed by the Speaker of the House of Representatives from among the
members of the House of Representatives;
     (c) Two members of the Senate who are not
members of the same political party, appointed by the President of the Senate;
     (d) Two members of the House of
Representatives who are not members of the same political party, appointed by
the Speaker of the House of Representatives; and
     (e) Additional members selected according
to criteria established by the committee and appointed jointly by the President
of the Senate and the Speaker of the House of Representatives.
     (3) The President of the Senate and the
Speaker of the House of Representatives shall jointly select one of the members
appointed under subsection (2)(e) of this section to be executive director to
plan for and coordinate activities under ORS 285A.145.
     (4)(a) A member of the Legislative
Assembly appointed under subsection (2)(a) to (d) of this section serves at the
pleasure of the appointing authority and may continue to serve as long as the
member remains in the chamber of the Legislative Assembly from which the member
was appointed. Before the expiration of the legislative term of office of a
member appointed under subsection (2)(a) to (d) of this section, the appointing
authority shall appoint a successor whose term on the committee begins when the
former memberÂ’s legislative term of office ends. If there is a vacancy for a
member appointed under subsection (2)(a) to (d) of this section for any other
cause, the appointing authority shall make an appointment to become effective
immediately.
     (b) The term of office of committee
members appointed under subsection (2)(e) of this section is two years. A
member appointed under subsection (2)(e) of this section is eligible for
reappointment. If there is a vacancy for a member appointed under subsection (2)(e)
of this section before the expiration of the term, the appointing authority
shall make an appointment to become effective immediately for the unexpired
term.
     (5) Members of the Legislative Assembly
who are members of the Sister State Committee are entitled to a per diem as
provided in ORS 171.072 except when members are out of the
     (6) The cochairpersons of the Sister State
Committee shall preside alternately at Sister State Committee meetings.
     (7) A majority of the members of the Sister
State Committee constitutes a quorum for the transaction of business.
     (8) The Legislative Administration
Committee shall provide administrative staff support for one meeting of the
Sister State Committee held before each visit described in ORS 285A.145 (2) and
for one meeting held after each visit.
     (9) The Sister State Committee shall plan,
coordinate or conduct activities under ORS 285A.145 for all sister states of
this state except
     (10) For the purposes of this section and
ORS 285A.145, “sister state” means an international state or province. [2001
c.284 §1; 2003 c.14 §142; 2007 c.246 §1]
     Note: 285A.143 and 285A.145 were enacted into law
by the Legislative Assembly but were not added to or made a part of ORS chapter
285A or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     285A.145
Sister State Committee authority. The Sister State Committee may:
     (1) Organize activities for and host
visiting delegations from the sister states;
     (2) Organize activities for, visit or
participate in delegations visiting sister states and nations in which sister
states are located;
     (3) Provide for the exchange of
information between the State of
     (4) Work with representatives of sister
states on joint projects; and
     (5) Take all actions necessary to
facilitate and promote relations between the State of
     Note: See note under 285A.143.
     285A.148
Fujian Sister State Committee; membership; term. (1) The Fujian Sister State Committee is
created consisting of the following members:
     (a) The President of the Senate as an ex
officio member and cochairperson of the committee;
     (b) The Speaker of the House of
Representatives as an ex officio member and cochairperson of the committee;
     (c) Two members of the Senate who are not
members of the same political party, appointed by the President of the Senate;
     (d) Two members of the House of
Representatives who are not members of the same political party, appointed by
the Speaker of the House of Representatives;
     (e) Four members representing
     (f) Four members representing
     (g)(A) One former member of the Senate,
appointed by the President of the Senate, and one former member of the House of
Representatives, appointed by the Speaker of the House of Representatives; or
     (B) If one of the potential appointees
described in subparagraph (A) of this paragraph is not available, two former
members of the Legislative Assembly, appointed jointly by the President of the
Senate and the Speaker of the House of Representatives;
     (h) Two public members, appointed by the
President of the Senate;
     (i) Two public members, appointed by the
Speaker of the House of Representatives; and
     (j) If the cochairpersons agree, one
elected state official, appointed jointly by the cochairpersons.
     (2)(a) The President of the Senate and the
Speaker of the House of Representatives may each designate an alternate from
time to time from among the members of their respective chambers to exercise
powers as a member of the Fujian Sister State Committee when the President or
Speaker is not in attendance at a committee meeting, except that an alternate
may not preside over a committee meeting in place of the President or Speaker.
     (b) The President of the Senate and the
Speaker of the House of Representatives shall jointly select one of the members
appointed under subsection (1)(e) or (f) of this section to be executive
director to plan for and coordinate activities under ORS 285A.152.
     (3)(a) A member of the Legislative
Assembly appointed under subsection (1)(c) or (d) of this section serves at the
pleasure of the appointing authority and may continue to serve as long as the
member remains in the chamber of the Legislative Assembly from which the member
was appointed. Before the expiration of the legislative term of office of a
member appointed under subsection (1)(c) or (d) of this section, the appointing
authority shall appoint a successor whose term on the committee begins when the
former memberÂ’s legislative term of office ends. If there is a vacancy for a
member appointed under subsection (1)(c) or (d) of this section for any other
cause, the appointing authority shall make an appointment to become effective
immediately.
     (b) The term of office of committee
members appointed under subsection (1)(e) to (j) of this section is two years.
A member appointed under subsection (1)(e) to (j) of this section is eligible
for reappointment. If there is a vacancy for a member appointed under
subsection (1)(e) to (j) of this section before the expiration of the term, the
appointing authority shall make an appointment to become effective immediately
for the unexpired term.
     (4) Members of the Legislative Assembly
who are members of the Fujian Sister State Committee are entitled to a per diem
as provided in ORS 171.072 except when members are out of the
     (5) The cochairpersons of the Fujian
Sister State Committee shall preside alternately at meetings of the committee.
     (6) A majority of the members of the
Fujian Sister State Committee constitutes a quorum for the transaction of
business.
     (7) The Legislative Administration
Committee shall provide administrative staff support for one meeting of the
Fujian Sister State Committee held before each visit described in ORS 285A.152
(2) and for one meeting held after each visit. [2007 c.246 §3]
     Note: 285A.148 and 285A.152 were enacted into law
by the Legislative Assembly but were not added to or made a part of ORS chapter
285A or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     285A.150 [1997 c.495 §1; 2001 c.582 §1; 2005 c.837 §17;
renumbered 284.600 in 2007]
     285A.152
Fujian Sister State Committee authority; duty. (1) The Fujian Sister State Committee
established under ORS 285A.148 may:
     (a) Organize activities for and host
visiting delegations from
     (b) Organize activities for and
participate in delegations visiting
     (c) Provide for the exchange of
information between the State of
     (d) Work with representatives of
     (e) Take all actions necessary to
facilitate and promote relations between the State of
     (2) The Fujian Sister State Committee
shall visit
     Note: See note under 285A.148.
     285A.153 [1997 c.495 §2; 2001 c.582 §2; 2005 c.837 §20;
renumbered 284.604 in 2007]
     285A.156 [1997 c.495 §4; renumbered 284.608 in 2007]
     285A.159 [1997 c.495 §5; 2001 c.582 §3; renumbered
284.612 in 2007]
     285A.162 [1997 c.495 §6; 2001 c.582 §4; renumbered
284.615 in 2007]
     285A.165 [1997 c.495 §7; 2001 c.582 §5; renumbered
284.618 in 2007]
     285A.168 [1997 c.495 §8; 2001 c.582 §6; renumbered
284.622 in 2007]
     285A.170 [2001 c.918 §11; renumbered 284.625 in 2007]
     285A.171 [Formerly 184.007; 2001 c.582 §7; repealed
by 2005 c.837 §21]
     285A.174 [1997 c.495 §9; 2001 c.582 §8; renumbered
284.628 in 2007]
(Brownfields
Redevelopment and Cleanup)
     285A.185
Brownfields Redevelopment; rules. (1) As used in this section, “brownfield” means real property where
expansion or redevelopment is complicated by actual or perceived environmental
contamination.
     (2) The Economic and Community Development
Department shall assist private persons and local governments to redevelop
brownfields.
     (3) The Economic and Community Development
Department shall:
     (a) Act as the primary point of contact
for information regarding public and private funding options available to a
person interested in redeveloping a brownfield;
     (b) Facilitate the funding process
involving landowners or prospective purchasers, lending institutions, other
state agencies, local jurisdictions, consultants and interested citizens;
     (c) Serve as a key advocate for the
redevelopment of brownfields in
     (d) Provide information to private persons
and local governments on brownfield redevelopment funding;
     (e) Enhance the availability of funding
resources through program development, grant proposals and other appropriate
opportunities; and
     (f) Adopt rules necessary to carry out
this section. [1997 c.738 §2; 2001 c.96 §1; 2005 c.81 §1]
     285A.188
Brownfields Redevelopment Fund; definitions; purpose; criteria and priorities
for loans and grants; rules.
(1) As used in this section:
     (a) “Environmental action” means
activities undertaken to:
     (A) Determine if a release has occurred or
may occur, if the release or potential release poses a significant threat to
human health or the environment or if additional remedial actions may be
required at the site;
     (B) Conduct a remedial investigation and a
feasibility study;
     (C) Plan for remedial action or removal
action; or
     (D) Conduct a remedial action or removal
action at a site.
     (b) “Facility,” “hazardous substance,” “release,”
“remedial action” and “removal” have the meanings given those terms in ORS
465.200.
     (c) “Substantial public benefit” includes,
but is not limited to:
     (A) The generation of funding or other resources
facilitating substantial remedial action at a facility in accordance with this
section;
     (B) A commitment to perform substantial
remedial action at a facility in accordance with this section;
     (C) Productive reuse of a vacant or
abandoned industrial or commercial facility; or
     (D) Development of a facility by a
municipality or a nonprofit organization to address an important public
purpose.
     (2) There is created within the State
Treasury a revolving fund known as the Brownfields Redevelopment Fund, separate
and distinct from the General Fund. Interest earned by the fund shall be
credited to the fund. Moneys in the Brownfields Redevelopment Fund shall be
used to fund loans and grants for environmental actions on properties that are
brownfields, as defined in ORS 285A.185.
     (3)(a) Subject to paragraph (b) of this
subsection, when making a loan or grant for an environmental action, the
Economic and Community Development Department shall give priority to persons
who, at the time of applying for the loan or grant, are not liable under ORS
465.255 for a release of a hazardous substance at the property at which the
environmental action is to be conducted. No more than 60 percent of the total
amount of the Brownfields Redevelopment Fund in any biennium shall be awarded
to persons who are liable with respect to the subject property under ORS
465.255. A person is not eligible to receive a loan or grant from moneys in the
Brownfields Redevelopment Fund if the person has knowingly violated applicable
laws or regulations or has knowingly violated or failed to comply with an order
of the Department of Environmental Quality, if such action or inaction has
resulted in one or more of the following:
     (A) Contribution to or exacerbation of
existing contamination at the facility;
     (B) Release of a hazardous substance at
the facility; or
     (C) Interference with necessary
investigation or remedial actions at the facility.
     (b) Notwithstanding paragraph (a) of this
subsection:
     (A) When making a grant to a municipality,
the department shall give priority to municipalities that provide matching
funds from a loan under this section, from another source or from both.
     (B) When making a grant to an entity that
is not a municipality, the department shall require that:
     (i) The recipient is not liable for the
subject property under ORS 465.255;
     (ii) The environmental action provides a
substantial public benefit; and
     (iii) The recipient provides matching
funds from a loan under this section, from another source or from both.
     (c) The department may establish by rule
circumstances in which the department may waive or subsidize the interest on a
short-term loan.
     (4) When making a loan or grant for an
environmental action, the Economic and Community Development Department shall
consider:
     (a) The extent to which actual or
perceived contamination prevents the property from being fully utilized;
     (b) The need for providing public
assistance, after considering the difficulty of obtaining financing from other
sources or of obtaining financing at reasonable rates and terms;
     (c) The degree to which redevelopment of
the property provides opportunity for achieving protection of human health or
the environment by reducing or eliminating the contamination of the property
and for contributing to the economic health and diversity of the area;
     (d) The probability of the success of the
intended use or the degree to which redevelopment of the property provides a
public purpose following remediation of the property;
     (e) Compliance with the land use plan of
the local government with jurisdiction over the property; and
     (f) Endorsement from the local government
with jurisdiction over the property.
     (5) Before making a loan or grant decision
pursuant to this section, the Economic and Community Development Department
shall consult with the Department of Environmental Quality.
     (6) The Economic and Community Development
Department may use a portion of the Brownfields Redevelopment Fund to:
     (a) Pay for administrative costs of
environmental actions; and
     (b) Satisfy contracts entered into as
required to ensure that environmental reviews are conducted in a manner
consistent with existing environmental cleanup laws and rules.
     (7) The Economic and Community Development
Department shall adopt rules necessary to carry out the requirements of this
section. The Economic and Community Development Department shall develop
procedures to ensure that activities for which loans or grants are made are
consistent with existing environmental cleanup laws and rules. [1997 c.738 §3;
2001 c.96 §2; 2005 c.81 §2; 2007 c.804 §11]
     285A.190
     (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.
     (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. [2005 c.81 §3]
     Note: 285A.190 and 285A.192 were enacted into law
by the Legislative Assembly but were not added to or made a part of ORS chapter
285A or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     285A.192
     (2) The Oregon Coalition Brownfields
Cleanup Fund shall consist of all moneys credited to the fund, including but
not limited to:
     (a) Moneys received from the federal
government, other state agencies or local governments;
     (b) Moneys appropriated or transferred to
the fund by the Legislative Assembly or the Oregon Economic and Community
Development Commission; and
     (c) Repayment of financial assistance,
including interest earnings, provided by moneys from the fund. [2005 c.81 §4]
     Note: See note under 285A.190.
(Financial
Affairs)
     285A.200
Gifts; federal aid; fees for loans. (1) The Economic and Community Development Department may accept gifts
of money or other property from any public or private agency or person made for
the purpose of assisting the department to carry out any programs or laws that
the department is charged with administering. Moneys so received shall be paid
into an appropriate fund or account. Property so received shall be used for the
purposes for which that property is given.
     (2) The department may apply for, receive
from the
     (3) The department may assess and charge
fees for loans made from any of its funds or accounts. [Formerly 285.086; 2001
c.883 §4]
     285A.203 [Formerly 285.090; repealed by 2007 c.804 §86]
     285A.206
Department to prepare financial statements; contents. (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.
     (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. [Formerly 285.095; 1999 c.509 §10; 2003 c.167 §10; 2007 c.804 §9]
     285A.209 [Formerly 285.100; repealed by 2007 c.804 §86]
     285A.212 [Formerly 285.105; repealed by 1999 c.509 §61]
     285A.213
Safe Drinking Water Revolving Loan Fund; administration; sources; purpose. (1) There is established in the State
Treasury, separate and distinct from the General Fund, the Safe Drinking Water
Revolving Loan Fund. All moneys in the Safe Drinking Water Revolving Loan Fund
are continuously appropriated to the Economic and Community Development
Department.
     (2) The Economic and Community Development
Department shall administer the Safe Drinking Water Revolving Loan Fund in
accordance with a memorandum of understanding between the department and the
Department of Human Services.
     (3) The Safe Drinking Water Revolving Loan
Fund shall consist of:
     (a) Moneys transferred to the fund by the
Department of Human Services for purposes authorized by the memorandum of
understanding between the Department of Human Services and the Economic and
Community Development Department.
     (b) Moneys transferred to the fund by the
federal government, other state agencies or local governments.
     (c) Moneys transferred to the fund by the
Legislative Assembly or the Oregon Economic and Community Development
Commission.
     (d) Proceeds from the sale of revenue
bonds.
     (e) Repayment of financial assistance
provided with moneys from the fund.
     (f) Interest and other earnings on moneys
in the fund.
     (4) Moneys in the Safe Drinking Water
Revolving Loan Fund shall be used to provide financial or other assistance to
publicly owned and privately owned water systems under the Safe Drinking Water
Act Amendments of 1996, P.L. 104-182, and rules of the Economic and Community
Development Department. As used in this subsection, “assistance” includes
direct purchase by the Economic and Community Development Department of goods
or services related to a water system project to the extent permitted by the
memorandum of understanding between the Economic and Community Development
Department and the Department of Human Services, the Safe Drinking Water Act
Amendments of 1996, and as authorized by rules of the Economic and Community
Development Department.
     (5) The owner of a water system may borrow
from the Safe Drinking Water Revolving Loan Fund by entering into a loan
agreement with the Economic and Community Development Department. The owner of
a municipally owned water system may enter into a loan agreement with the
department notwithstanding any restriction on indebtedness in the charter or
bylaws of the municipality or any other provision of law. Moneys owed to the
department by the borrower under a loan agreement may be paid from:
     (a) Revenue from any water system project
of the borrower, including special assessment revenue;
     (b) Amounts withheld under subsection (6)
of this section;
     (c) The general fund of the borrower;
     (d) Any combination of sources listed in
paragraphs (a) to (c) of this subsection; or
     (e) Any other source.
     (6) If a borrower fails to comply with a
loan agreement entered into under subsection (5) of this section, the Economic
and Community Development Department may seek appropriate legal remedies to
secure any repayment due the Safe Drinking Water Revolving Loan Fund. If a
borrower defaults on repayment due the fund, the State of
     285A.215 [Formerly 285.110; repealed by 1999 c.509 §61]
     285A.216 [1999 c.386 §3; 2001 c.954 §1; renumbered
359.405 in 2001]
     285A.218 [Formerly 285.115; repealed by 1999 c.509 §61]
     285A.221 [Formerly 285.117; repealed by 1999 c.509 §61]
     285A.224
Business Retention Fund; uses; rules. (1) It is the purpose of the 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 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 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 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, under
such terms and conditions as the department may determine.
     (5) The department shall provide that
firms receiving assistance repay to the Business Retention Fund any assistance
provided under subsection (4) of this section. 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
Business Retention Fund, the department may give preference to
     (7) The department shall establish
specific criteria for expenditure of funds from the Business Retention Fund by
adopting rules. [Formerly 285.120; 1999 c.509 §11; 2003 c.773 §4; 2007 c.804 §12]
     285A.227
     (2) The Oregon Economic and Community
Development Commission, by rule, shall adopt standards, objectives and criteria
for use of the moneys in the Oregon Community Development Fund. [1997 c.620 §1;
2001 c.883 §5; 2003 c.794 §236; 2007 c.804 §10]
     Note: 285A.227 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 285A or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
PACIFIC
NORTHWEST ECONOMIC REGION COMPACT
     285A.240
Legislative finding. The
Legislative Assembly finds that:
     (1) There is a new emerging global economy
in which countries and regions located in specific areas of the world are
forging new cooperative arrangements.
     (2) These new cooperative arrangements are
increasing the competitiveness of the participating countries and regions, thus
increasing the economic benefits and the overall quality of life for the
citizens of the individual countries and regions.
     (3) The Pacific Northwest states of
     285A.243
Compact. The Pacific
Northwest Economic Region is established by law and entered into by the State
of Oregon as a party, and is in full force and effect in accordance with the
terms of ORS 285A.240 and this section.
______________________________________________________________________________
THE PACIFIC NORTHWEST ECONOMIC REGION
ARTICLE I
POLICY AND PURPOSE
     States and provinces participating in the
Pacific Northwest Economic Region shall seek to develop and establish policies
that: Promote greater regional collaboration among the seven entities; enhance
the overall competitiveness of the region in international and domestic markets;
increase the economic well-being of all citizens in the region; and improve the
quality of life of the citizens of the Pacific Northwest.
     States and provinces recognize that there
are many public policy areas in which cooperation and joint efforts would be
mutually beneficial. These areas include, but are not limited to: International
trade; economic development; human resources; the environment and natural
resources; energy; and education. Parties to this agreement shall work
diligently to establish collaborative activity in these and other appropriate
policy areas where such cooperation is deemed worthwhile and of benefit to the
participating entities. Participating states and provinces also agree that
there are areas in which cooperation may not be feasible.
     The substantive actions of the Pacific
Northwest Economic Region may take the form of uniform legislation enacted by
two or more states and/or provinces or policy initiatives endorsed as
appropriate by participating entities. It shall not be necessary for all states
and provinces to participate in each initiative.
ARTICLE II
ELIGIBLE PARTIES AND EFFECTIVE DATE
     Each of the following states and provinces
is eligible to become a party to this agreement:
ARTICLE III
ORGANIZATIONAL STRUCTURE
     Each state and province participating in
this agreement shall appoint representatives to the Pacific Northwest Economic
Region. The organizational structure of the Pacific Northwest Economic Region
shall consist of the following: A delegate council consisting of four
legislators and the governor or the governorÂ’s designee from each participating
state and four representatives and the premier or the premierÂ’s designee from
each participating province and an executive committee consisting of one
legislator from each participating state and/or province who is a member of the
delegate council and four of the seven governors and premiers or their
designees who are members of the delegate council. The legislator members of
the executive committee from each state or province shall be chosen by the
legislator members of that state or province. The four governor or premier
members of the executive committee shall be chosen by the governors and
premiers from among the governors and premiers on the delegate council. At
least one of the four members representing the governors and premiers on the
executive committee must be the premier of a Canadian province. Policy
committees may be established to carry out further duties and responsibilities
of the Pacific Northwest Economic Region.
ARTICLE IV
DUTIES AND RESPONSIBILITIES
     The delegate council shall have the
following duties and responsibilities: Facilitate the involvement of other
government officials in the development and implementation of specific
collaborative initiatives; work with policy-making committees in the
development and implementation of specific initiatives; approve general
organizational policies developed by the executive committee; provide final
approval of the annual budget and staffing structure for the Pacific Northwest
Economic Region developed by the executive committee; and other duties and
responsibilities as may be established in the rules and regulations of the
Pacific Northwest Economic Region. The executive committee shall perform the
following duties and responsibilities: Elect the president and vice-president
of the Pacific Northwest Economic Region; approve and implement general
organizational policies; develop the annual budget; devise the annual action
plan; act as liaison with other public and private sector entities; review the
availability of and, if appropriate, apply for, (1) tax-exempt status under the
laws and regulations of the United States or any state or subdivision thereof
and (2) similar status under the laws and regulations of Canada or any province
or subdivision thereof, and approve such rules, regulations, organizational
policies and staffing structure for the Pacific Northwest Economic Region and
take such further actions on behalf of the Pacific Northwest Economic Region as
may be deemed by the executive committee to be necessary or appropriate to
qualify for and maintain such tax-exempt or similar status under the applicable
laws or regulations; and other duties and responsibilities established in the
rules and regulations of the Pacific Northwest Economic Region. The rules and
regulations of the Pacific Northwest Economic Region shall establish the
procedure for voting.
ARTICLE V
MEMBERSHIP OF POLICY COMMITTEES
     Policy committees dealing with specific
subject matter may be established by the executive committee.
     Each participating state and province
shall appoint legislators and governors and premiers to sit on these committees
in accordance with its own rules and regulations concerning such appointments.
ARTICLE VI
GENERAL PROVISIONS
     This agreement shall not be construed to
limit the powers of any state or province or to repeal or prevent the enactment
of any legislation.
______________________________________________________________________________
[Formerly
285.695]
     285A.255 [Formerly 285.130; 2003 c.818 §13;
renumbered 284.101 in 2007]
     285A.258 [Formerly 285.133; renumbered 284.104 in
2007]
     285A.261 [Formerly 285.135; 2003 c.818 §14;
renumbered 284.107 in 2007]
     285A.264 [Formerly 285.137; 2001 c.883 §6; 2003 c.818
§19; renumbered 284.111 in 2007]
     285A.267 [Formerly 285.140; 2003 c.818 §21;
renumbered 284.114 in 2007]
     285A.269 [2003 c.818 §§18,18a; renumbered 284.118 in
2007]
     285A.270 [Formerly 285.143; repealed by 2003 c.818 §31]
     285A.271 [2003 c.818 §20; renumbered 284.122 in 2007]
     285A.272 [2003 c.818 §22; renumbered 284.126 in 2007]
     285A.273 [Formerly 285.145; 2003 c.794 §237; repealed
by 2003 c.818 §§31,31a]
     285A.274 [2003 c.818 §23; 2005 c.443 §20; renumbered
284.131 in 2007]
     285A.276 [Formerly 285.146; 2001 c.883 §7; 2003 c.405
§5; 2003 c.794 §238; repealed by 2003 c.818 §§31,31b]
     285A.277 [2003 c.818 §28; 2007 c.218 §5; renumbered
284.134 in 2007]
     285A.279 [Formerly 285.148; 2003 c.818 §25;
renumbered 284.138 in 2007]
     285A.282 [Formerly 285.153; 2003 c.818 §26;
renumbered 284.142 in 2007]
     285A.285 [Formerly 285.160; repealed by 2003 c.818 §31]
     285A.288 [Formerly 285.163; 2003 c.818 §27;
renumbered 284.146 in 2007]
TITLE I BANK
FUND
     285A.300
Definitions for ORS 285A.300 to 285A.312. As used in ORS 285A.300 to 285A.312, “fund” means the Title I Bank
Fund. [Formerly 285.680; 1999 c.509 §12]
     285A.303
Findings; purpose. (1) The
Legislative Assembly finds that:
     (a) Local government is experiencing
increasing difficulty in obtaining necessary financing for eligible community
development projects, such as public works projects, causing project delays and
significant increased costs to property owners and municipalities.
     (b) The improvement, expansion and new
construction of eligible community development projects contributes to orderly
economic growth by providing the framework necessary to attract industry to
this state and to promote increased employment opportunities and other
community improvements which are for the benefit of the people of Oregon.
     (c) It is important, therefore, that state
agencies authorized to distribute state or federal funds for such improvements
be able to provide programs and allocate moneys that will provide the greatest
impetus to community development opportunities in
     (2) Since municipalities in this state
often suffer from a lack of available financing for eligible community
development projects, it is the purpose of ORS 285A.300 to 285A.312 to provide
financial assistance to municipalities in order that they may develop and
construct community development projects and may construct, improve and repair
facilities necessary for orderly community development. [Formerly 285.683]
     285A.306
Title I Bank Fund; administration; rules; costs. (1) There is established in the State
Treasury, separate and distinct from the General Fund, the Title I Bank Fund.
All moneys in the fund are continuously appropriated to provide financing for
community development projects.
     (2) Moneys in the Title I Bank 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 investments and other program income
shall be credited to the Title I Bank Fund.
     (3) The Title I Bank Fund shall consist
of:
     (a) Moneys appropriated to the fund by the
Legislative Assembly.
     (b) Repayment of loans made by cities and
counties with grants from the Oregon Community Development Block Grant Program,
including interest earnings.
     (4) The Economic and Community Development
Department shall be the agency for the State of
     (5) The department shall adopt rules and
policies for the administration of the fund.
     (6) The department may charge program
administrative costs to the fund to pay for administrative expenses incurred to
the department for processing applications and investigating community
development projects. [Formerly 285.685; 1999 c.509 §13]
     285A.309
Use of funds. All payments,
receipts and interest from outstanding indebtedness shall be retained and
accumulated in the Title I Bank Fund and used for the purposes specified in ORS
285A.303. [Formerly 285.687; 1999 c.509 §14]
     285A.312
Application of federal statutes. All federal overlay statutes associated with moneys received from the
federal Housing and Urban Development Community Development Block Grant Program
for Small Cities shall continue to apply to the use of those moneys in the
Title I Bank Fund received from sources described in ORS 285A.306 (3)(b). [Formerly
285.690; 1999 c.509 §15; 2005 c.22 §203]
FOREIGN TRADE
ZONES
     285A.325
Foreign trade zones; operators of zones. (1) Any port organized under the laws of this state, any municipal
corporation in this state or any dock commission of any city of this state may
apply to the
     (2) A private for-profit corporation may
also establish, operate and maintain a foreign trade zone in this state when
the corporation is:
     (a) Incorporated and organized under the
laws of this state for the purpose of establishing, operating and maintaining a
foreign trade zone; and
     (b) Authorized to establish, operate and
maintain a foreign trade zone under a special Act of the Legislative Assembly
that specifically names and grants such authority to the corporation. [Formerly
307.850]
     Note: 285A.325 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 285A or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     285A.328
Specific corporation authorized to maintain foreign trade zone. Klamath International Trade & Transportation
Services (KITTS), an
     Note: 285A.328 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 285A or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
ASSISTANCE TO
SMALL BUSINESSES
     285A.340
Legislative findings; declaration of policy. The Legislative Assembly declares that it is the purpose of ORS
285A.340 to 285A.349:
     (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;
     (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;
     (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;
     (4) To encourage and support private
sector organizations, 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
     (5) To provide support for organizations
that encourage and assist the development and expansion of small businesses in
     Note: 285A.340 to 285A.349 were enacted into law
by the Legislative Assembly but were not added to or made a part of ORS chapter
285A by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
     285A.343 [Formerly 285.123; repealed by 2003 c.773 §56]
     285A.346
Purchases of assistance services for small businesses; grants; requirements for
providers of services; waiver of federal requirements. (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, 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
     (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. [Formerly 285.125; 1999 c.509 §25; 2003
c.773 §6; 2007 c.804 §14]
     Note: See note under 285A.340.
     285A.349
Evaluation of effectiveness of assistance. The Economic and Community Development Department shall evaluate the
efficiency and effectiveness of the delivery of business assistance services to
small businesses. [Formerly 285.127; 2003 c.773 §7; 2007 c.804 §15]
     Note: See note under 285A.340.
     285A.360 [Formerly 285.175; repealed by 1999 c.509 §61]
     285A.363 [Formerly 285.176; repealed by 1999 c.509 §61]
     285A.366 [Formerly 285.178; repealed by 1999 c.509 §61]
     285A.369 [Formerly 285.179; repealed by 1999 c.509 §61]
     285A.380 [Formerly 285.250; repealed by 1999 c.509 §61]
     285A.383 [Formerly 285.253; repealed by 1999 c.509 §61]
     285A.386 [Formerly 285.255; repealed by 1999 c.509 §61]
     285A.389 [Formerly 285.257; repealed by 1999 c.509 §61]
     285A.392 [Formerly 285.260; repealed by 1999 c.509 §61]
     285A.415 [Formerly 285.170; repealed by 1999 c.509 §61]
     285A.418 [Formerly 285.173; repealed by 1999 c.509 §61]
     285A.440 [Formerly 285.190; renumbered 660.303 in
2001]
     285A.443 [Formerly 285.180; 1999 c.39 §6; 2001 c.684 §4;
renumbered 660.300 in 2001]
     285A.446 [Formerly 285.183; 1999 c.39 §7; 2001 c.684 §13;
renumbered 660.339 in 2001]
     285A.449 [Formerly 285.185; repealed by 2001 c.684 §38]
     285A.452 [1997 c.652 §1; renumbered 660.306 in 2001]
     285A.455 [1997 c.652 §2; 2001 c.684 §15; renumbered
660.312 in 2001]
     285A.458 [1997 c.652 §3; 2001 c.684 §16; 2001 c.900 §52;
renumbered 660.315 in 2001]
     285A.461 [1997 c.652 §5; repealed by 2001 c.524 §4]
     285A.480 [Formerly 285.670; repealed by 1999 c.509 §61]
RURAL
REVITALIZATION AND LEADERSHIP DEVELOPMENT PROGRAM
     285A.483
Legislative findings; declaration of policy. (1) The Legislative Assembly finds that:
     (a) The rural communities of
     (b) Strong community leaders are essential
to the ability of a rural community to identify economic opportunities and
problems, build a consensus on community development issues and coordinate the
development and implementation of plans to address those issues;
     (c) Rural areas of Oregon, more than the
urban areas of this state, suffer from significantly higher levels of
unemployment, lower average wages and high levels of worker displacement due to
advances in technology and natural resource supply shortages;
     (d) These distressed rural communities in
particular need strong, visionary leadership to guide them through the economic
changes of the next decade, which may be a period of growing global
competition, severe natural resource shortages and declining employment in
rural areas;
     (e) Rural areas have limited resources
with which to acquire the technical assistance and leadership necessary to
adequately respond to economic change; and
     (f) Federal and state investment in
community and leadership development in rural areas is insufficient.
     (2) The Legislative Assembly therefore
declares that it is the policy of the State of
     (3) The Legislative Assembly further
declares that the rural revitalization and leadership development program
established by ORS 285A.483 to 285A.495 is intended to promote such state
policy by providing rural communities with technical assistance for the
assessment of their economic opportunities and the development of strategic
plans for immediate and long-term economic development and by improving the
leadership skills of individuals likely to become leaders in rural communities.
[Formerly 285.672; 1999 c.509 §17]
     285A.486
Technical assistance; leadership training. (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. [Formerly 285.674; 1999 c.509 §58; 2005 c.835 §28]
     285A.489
Contracts to carry out program.
The Economic and Community Development Department, in cooperation with private
businesses, state universities and other interested parties, may contract with
organizations to carry out the purposes of ORS 285A.483 to 285A.495. [Formerly
285.676; 1999 c.509 §18]
     285A.492 [Formerly 285.677; repealed by 1999 c.509 §61]
     285A.495
Short title. ORS 285A.483 to
285A.489 shall be known as and may be referred to as the Rural Revitalization
and Leadership Development Act. [Formerly 285.678]
ECONOMIC
DISLOCATIONS
     285A.510
Definitions for ORS 285A.510 to 285A.522. As used in ORS 285A.510 to 285A.522:
     (1) “Community” means an area or locality
in which the inhabitants have common economic or employment interests and which
is undergoing an economic emergency. The term is not limited to a city, county
or other political subdivision and need not, but may, be limited by political
lines and boundaries. A large populous area under one or more governing bodies
may be composed of several communities.
     (2) “Employer,” “mass layoff” and “plant
closing” have the meanings given those terms on October 3, 1989, in the Worker
Adjustment and Retraining Notification Act (P.L. 100-379). [Formerly 285.450]
     285A.513
Policy. The Legislative
Assembly declares that it is the policy of the State of
     285A.516
Agency to receive notice of plant closing or layoff. The Department of Community Colleges and
Workforce Development is the state agency that shall be notified when an
employer is required to provide written notice of a plant closing or mass
layoff under section 3 of the Worker Adjustment and Retraining Notification Act
(P.L. 100-379). [Formerly 285.457; 2001 c.684 §18]
     285A.519
Notice to employers of agency that receives closing or layoff notice;
assistance programs. (1) The
Department of Community Colleges and Workforce Development shall notify
employers subject to the Worker Adjustment and Retraining Notification Act
(P.L. 100-379) that the Department of Community Colleges and Workforce
Development is the state agency that must be notified when they are required to
provide notice of a plant closing or mass layoff under the Worker Adjustment
and Retraining Notification Act (P.L. 100-379).
     (2) When notifying employers as provided
in subsection (1) of this section, the department shall provide employers with
a statement of the programs, projects, expenditures and other forms of
assistance the department and other state agencies can provide to communities,
employers and workers affected by a plant closing or mass layoff. [Formerly
285.460; 2001 c.684 §19]
     285A.522
Annual report of plant closings and layoffs; contents. (1) The Department of Community Colleges and
Workforce Development shall prepare an annual report concerning plant closings
and mass layoffs in this state. The report shall describe in detail each plant
closing or mass layoff during the period covered by the report and the
assistance and services provided to the affected employers, workers and
communities. The report shall also contain the most recent information
available relating to the current status of the employer, workers and community
affected by each plant closing or mass layoff.
     (2) The report prepared under this section
shall be presented to the Governor, the President of the Senate, the Speaker of
the House of Representatives and appropriate legislative committees. [Formerly
285.463; 2007 c.354 §12]
     285A.535 [Formerly 285.263; repealed by 1999 c.509 §61]
     285A.538 [Formerly 285.265; repealed by 1999 c.509 §61]
     285A.541 [Formerly 285.267; repealed by 1999 c.509 §61]
     285A.544 [Formerly 285.270; repealed by 1999 c.509 §61]
     285A.547 [Formerly 285.273; repealed by 1999 c.509 §61]
     285A.550 [Formerly 285.275; repealed by 1999 c.509 §61]
PORTS
(Generally)
     285A.600
Policy. (1) The Legislative
Assembly declares that it is the policy of this state to include
     (a) Coordinate with the Department of
Transportation and other state agencies, commissions and advisory committees
engaged in activities affecting ports 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 ports in their efforts to
expand and respond to greater domestic and international market opportunities.
     (2) The Legislative Assembly also declares
that:
     (a) The State of
     (b) Because the federal role is changing,
the responsibilities of this state may increase in terms of direct involvement
in waterway transportation.
     (c) It is the policy of the State of
     (A) The navigation channels of the
Columbia River,
     (B) Waterway segments that serve as
transportation corridors for large volumes of bulk and agricultural commodities
and that provide shippers a cost-effective means to transport products.
     (C) The coastal channels and harbors that
support commercial and water-dependent activities. [Formerly 285.800; 2007
c.804 §22]
     285A.603
“Port” defined for ORS 285A.603 to 285A.627. As used in ORS 285A.603 to 285A.627, unless the context requires
otherwise, “port” means the
     285A.606 [Formerly 285.806; repealed by 2007 c.804 §86]
     285A.609 [Formerly 285.808; 2003 c.773 §8; repealed
by 2007 c.804 §86]
     285A.612 [Formerly 285.809; 2003 c.773 §9; repealed
by 2007 c.804 §86]
     285A.615
Economic and Community Development Department managerial assistance and
technical services; cooperation with other agencies. (1) The Economic and Community Development
Department shall provide managerial assistance and technical referral services
to ports.
     (2) The department shall disseminate such
research and technical information as is available to the department.
     (3) The department shall work
cooperatively with existing organizations and agencies that provide research
and technical services, including, but not limited to:
     (a) The Department of State Lands;
     (b) The State Marine Board; and
     (c) The Sea Grant College and marine
extension services at
     285A.618 [Formerly 285.811; 2003 c.773 §10; repealed
by 2007 c.804 §86]
     285A.621 [Formerly 285.813; repealed by 1999 c.509 §61]
     285A.624 [Formerly 285.814; repealed by 2007 c.804 §86]
     285A.627
Commission and department functions; approval required for creation of new
ports; coordinating, planning and research on international trade. (1) The Oregon Economic and Community
Development Commission, through the Economic and Community Development
Department, shall be the statewide coordinating, planning and research agency
for all ports and port authorities in this state to ensure the most orderly,
efficient and economical development of the state port system.
     (2) Notwithstanding any other provision of
law, after July 1, 1969, no port or port authority may be formed without the
prior approval of the commission.
     (3) The commission, through the
department, shall be the statewide coordinating, planning and research agency
for port activities involving international trade and international trade
development and industrial, commercial and recreational development. [Formerly
285.815; 2007 c.804 §25]
     285A.630 [Formerly 285.817; repealed by 2007 c.804 §86]
     285A.633 [Formerly 285.820; repealed by 2007 c.804 §86]
     285A.636 [Formerly 285.825; repealed by 1999 c.509 §61]
     285A.639 [Formerly 285.827; repealed by 1999 c.509 §61]
     285A.642 [Formerly 285.830; repealed by 1999 c.509 §61]
     285A.645 [Formerly 285.833; repealed by 1999 c.509 §61]
     285A.648 [Formerly 285.837; repealed by 1999 c.509 §61]
     285A.651 [Formerly 285.843; repealed by 1999 c.509 §61]
(Planning and
Marketing)
    Â
     (a) Administrative expenses of the
department in processing grant applications and investigating proposed planning
or marketing projects related to ports.
     (b) Payment of grants under ORS 285A.654
to 285A.660 to ports formed under ORS 777.010 and 777.050.
     (c) Direct purchase by the department of
goods or services to assist ports in implementing planning or marketing
projects approved for grant financing under ORS 285A.654 to 285A.660.
     (2) The Port Planning and Marketing Fund
shall consist of:
     (a) Moneys appropriated to the fund by the
Legislative Assembly.
     (b) Moneys obtained from gifts or grants
received under ORS 285A.200.
     (c) Moneys obtained from interest earned
on the investment of such moneys.
     (3) Moneys in the Port Planning and
Marketing 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 investments
shall be credited to the Port Planning and Marketing Fund. [Formerly 285.850;
2001 c.883 §7a; 2003 c.802 §154; 2007 c.804 §26]
     285A.657
Grant purposes; application; standards; prohibited funding. (1) The Economic and Community Development
Department may make grants, as funds are available, to any port formed under
ORS chapter 777 or 778 for:
     (a) A planning project conducted under ORS
285A.627 or any other planning project necessary for improving the portÂ’s
capability to carry out its authorized functions and activities relating to
trade and commerce; or
     (b) A marketing project necessary for
improving the portÂ’s capability to carry out its authorized functions and
activities relating to trade and commerce.
     (2) Any port may file with the department
an application for a grant from the Port Planning and Marketing Fund to finance
a specific planning project or marketing project.
     (3) An application under this section
shall be filed in such a manner and contain or be accompanied by such
information as the department may prescribe.
     (4) Upon receipt of an application, the
department shall determine whether the planning project or marketing project is
eligible for funding under ORS 285A.654 to 285A.660. If the department
determines that the project is not eligible, it shall within 60 days:
     (a) Reject the application; or
     (b) Require the applicant to submit
additional information as may be necessary.
     (5) The department may approve a grant for
a planning project or a marketing project described in an application filed
under this section if, after investigation, the department finds that:
     (a) The project meets the standards and
criteria established by the department for grant financing from the Port
Planning and Marketing Fund; and
     (b) Moneys in the Port Planning and
Marketing Fund are or will be available for the project.
     (6) Grants to ports under ORS 285A.654 to
285A.660 shall not exceed $50,000 and shall not exceed 75 percent of the total
cost of the project.
     (7) The department shall not fund any
program that subsidizes regular port operating expenses.
     (8) In lieu of all or part of the grant
financing approved under ORS 285A.654 to 285A.660 for a planning or marketing
project, the department may purchase goods or services to assist a port in
implementing a project. [Formerly 285.857; 2001 c.883 §7b; 2003 c.802 §155;
2007 c.804 §27]
     285A.660
Funding priorities; port strategic business plans. (1) The Economic and Community Development
Department shall develop marketing grant funding priorities considering such
factors as community need and whether the project will lead to economic
diversification, development of a new or emerging industry and redevelopment of
existing public facilities. The department shall give priority to regional or
cooperative projects, and projects that leverage other marketing efforts by the
state or other local government units.
     (2) The department shall review all
proposals to avoid duplication of marketing efforts among ports, and to
maintain consistency with the applicable county or city comprehensive plans.
     (3) Ports shall develop and maintain
strategic business plans before obtaining department funding. A strategic
business plan developed and maintained under this subsection must comply with
standards and requirements for strategic business plans established by the
department by rule. The department shall also establish by rule the date by
which ports seeking department funding must have a strategic business plan in
place. [Formerly 285.860; 2007 c.804 §28]
     285A.663 [Formerly 285.863; repealed by 1999 c.509 §61]
(
     285A.666
Definitions for ORS 285A.666 to 285A.732. As used in ORS 285A.666 to 285A.732, unless the context requires
otherwise:
     (1) “Flexible manufacturing space project”
means a project for the acquisition, construction, improvement or
rehabilitation, in whole or in part, of any building suitable for the conduct
of manufacturing processes and, by design, able to be readily modified when
necessary to accommodate the operations of the tenants of the building. The
term includes any preproject planning activities for a flexible manufacturing
space project.
     (2) “Fund” means the Oregon Port Revolving
Fund.
     (3) “Port district” means any port formed
pursuant to ORS 777.005 to 777.725 and 777.915 to 777.953 or ORS chapter 778.
     (4) “Project” means a project authorized
under ORS 777.105 to 777.258, including engineering, acquisition, improvement,
rehabilitation, construction, operation, maintenance or preproject planning
necessary to carry out the project. [Formerly 285.870; 2001 c.883 §8; 2003 c.773
§11; 2003 c.802 §156; 2007 c.804 §29]
     285A.669
Application for project money.
Any Oregon port district may file with the Oregon Economic and Community
Development Commission an application to borrow money from the Oregon Port
Revolving Fund for a project as provided in ORS 285A.666 to 285A.732. The
application shall be filed in such a manner and contain or be accompanied by
such information as the commission may prescribe. [Formerly 285.873; 2001 c.883
§9]
     285A.672
Commission review of application; fee. (1) Upon receipt of an application filed as provided in ORS 285A.669,
the Oregon Economic and Community Development Commission shall determine
whether the plans and specifications for the proposed project set forth in or
accompanying the application are satisfactory. If the commission determines
that the plans and specifications are not satisfactory, the commission may
within 60 days:
     (a) Reject the application.
     (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 of not
to exceed $100. Moneys referred to in this subsection shall be paid into the
Oregon Port Revolving Fund. [Formerly 285.875; 2001 c.883 §10]
     285A.675
Private contract for project not prohibited. Nothing in ORS 285A.666 to 285A.732 is intended to prevent an
applicant from employing a private engineering firm and construction firm to
perform the engineering and construction work on a proposed project. [Formerly
285.880; 2001 c.883 §11]
     285A.678
Qualifications for approval of project funding. The Oregon Economic and Community
Development Commission may approve a project proposed in an application filed
as provided in ORS 285A.669, if, after investigation, the commission finds
that:
     (1) The proposed project is feasible and a
reasonable risk from practical and economic standpoints, and the loan has
reasonable prospect of repayment.
     (2) Moneys in the Oregon Port Revolving
Fund are or will be available for the proposed project.
     (3) There is a need for the proposed
project, and the applicantÂ’s financial resources are adequate to provide the
working capital needed to ensure success of the project.
     (4) The applicant has received all
necessary permits required by federal, state or local agencies.
     (5) The applicant will not owe more than
$3 million to the Oregon Port Revolving Fund if the loan is approved.
     (6) The standards under ORS 285A.055 have
been met. [Formerly 285.883; 2001 c.883 §12; 2003 c.773 §12]
     285A.681
Loan from fund; repayment plan; project inspection. If the Oregon Economic and Community
Development Commission approves the project, the commission, on behalf of the
state, and the applicant may enter into a loan contract that is secured by good
and sufficient collateral. The loan contract shall set forth, among other
matters:
     (1) A plan for repayment by the applicant
to the Oregon Port Revolving Fund of moneys borrowed from the fund for the
project and interest on the moneys at a rate of interest of not less than one
percent less than the prevailing interest rate on United States Treasury bills
of comparable term, as determined by the commission. The repayment plan, among
other matters:
     (a) Shall provide for commencement of
repayment by the port district of moneys used for the project and interest
thereon no later than one year after the date of the loan contract or at any
other time as the commission may provide. However, upon approval by the
commission, a repayment plan for a flexible manufacturing space project may
provide that no interest shall accrue until the building is at least 25 percent
occupied or until three years after the date of the loan contract, whichever is
earlier.
     (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 evidence of debt
assurance of, and security for, repayment by the applicant as are considered
necessary by the commission.
     (d) Shall specify a loan term that may not
exceed the usable life of the contracted project or 25 years from the year of
project completion, whichever is less. The payment schedule shall include
repayment of interest that 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 the accrued interest.
     (e) Shall provide for partial or complete
repayment, in excess of scheduled payments, of any outstanding principal loan
amount without penalty. If any prepayment is made, that amount may not be
included in any computation for the purposes of ORS 285A.678 (5).
     (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 Port
Revolving Fund for use in the project.
     (4) Any other provision the commission
considers necessary to ensure expenditure of the funds for the purposes set
forth in the approved application. [Formerly 285.885; 2001 c.883 §13; 2003
c.773 §13; 2005 c.835 §20]
     285A.684
Project moneys from port revolving fund. If the Oregon Economic and Community Development Commission approves a
loan for a project, the commission shall pay moneys for the project from the
Oregon Port Revolving Fund, in accordance with the terms of the loan contract
as prescribed by the commission. [Formerly 285.887; 2001 c.883 §14]
     285A.687
Filing of lien against port; notice of satisfaction. (1) If the Oregon Economic and Community
Development Commission accepts a lien against any port districtÂ’s real or
personal property as collateral required by ORS 285A.681, the commission shall
file notice of the loan with the recording officer of each county in which is
situated any real or personal property of the port district. The notice shall
contain a description of the encumbered property, the amount of the loan, and a
statement that loan payments are liens against such property.
     (2) Upon payment of all amounts loaned to
a port district pursuant to ORS 285A.666 to 285A.732, the commission shall file
with each recording officer referred to in subsection (1) of this section, a
satisfaction notice that indicates repayment of the loan. [Formerly 285.890]
     285A.690
Powers to enforce loan agreement. (1) The Oregon Economic and Community Development Commission may
institute proceedings to foreclose any lien for delinquent loan payments.
     (2) If a port district fails to comply
with a contract entered into pursuant to ORS 285A.681, the commission may seek
appropriate legal remedies to secure the loan, and may contract with any port
project developer for continuation of the project and for repayment of moneys
from the Oregon Port Revolving Fund used therefor and interest thereon.
     (3) The commission may also provide by
contract or otherwise for a project until the project is assumed by the new
port project developer. [Formerly 285.893; 2001 c.883 §15]
     285A.693
Sources of loan repayment moneys. A port district that enters into a contract with the Oregon Economic
and Community Development Commission for a project and repayment as provided in
ORS 285A.681 may obtain moneys for repayment to the Oregon Port Revolving Fund
under the contract in the same manner as other moneys are obtained for purposes
of the port district or other moneys available to the developer. [Formerly
285.895; 2001 c.883 §16]
     285A.696
Duties of director. The
Oregon Economic and Community Development Commission may appoint the Director
of the Economic and Community Development Department as their representative
and agent in all matters pertaining to ORS 285A.666 to 285A.732. The director
shall assure 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. [Formerly 285.905]
     285A.699
Reimbursement to port revolving fund upon refinancing of project. Except as provided in ORS 285A.702, if any
project is refinanced or financial assistance is obtained from other sources
after the execution of the loan from the state, all such funds shall be used to
repay the state first if such refinancing or financial assistance applies only
to the project authorized and does not include any subsequent addition,
expansion, improvement or further development. [Formerly 285.907; 2001 c.883 §17]
     285A.702
Joint financing. (1) The
Oregon Economic and Community Development Commission may authorize funds from
the Oregon Port Revolving Fund to be used in appropriate joint governmental
participation projects or as match money with any port, state or federally
funded project authorized within a port district, subject to the stipulations
of ORS 285A.666 to 285A.732.
     (2) Any application for a loan under this
section shall be in such form as the commission prescribes and shall furnish
such proof of federal, state or local approval as appropriate for funding of
the project. [Formerly 285.910; 2001 c.883 §18; 2003 c.773 §14]
     285A.705
Loan contract under joint financing programs. If the Oregon Economic and Community Development Commission approves
an application for the loan of moneys authorized by ORS 285A.702, the
commission shall enter into a loan contract, secured by good and sufficient
collateral, with the port district that provides, among other matters:
     (1) That a notice of any lien against the
property be filed with the recording officer of each county as provided for in
ORS 285A.687 (1) and (2).
     (2) That the loan bear interest at the
same rate of interest as provided in ORS 285A.681 (1).
     (3) That the loan term may not exceed the
usable life of the contracted project or 25 years from the year of project
completion, whichever is less. The same schedule shall include repayment of
interest that accrues during any period of delay in repayment authorized by ORS
285A.666 to 285A.732. The repayment schedule may require payments of varying
amounts for collection of accrued interest. However, the commission may make
provisions for extensions of time in making repayment if the delinquencies are
caused by acts of God or other conditions beyond the control of the port district
and the security will not be impaired thereby.
     (4) Any other provision the commission
considers necessary to ensure expenditure of the moneys loaned for the purposes
provided in ORS 285A.702, including all provisions of ORS 285A.678.
     (5) That the commission may cause to be
instituted appropriate proceedings to foreclose liens as provided for in ORS
285A.690 (1) and (2) for delinquent loan payments and shall pay the proceeds of
any foreclosure, less the commissionÂ’s expenses incurred in foreclosing, into
the Oregon Port Revolving Fund. [Formerly 285.913; 2005 c.835 §21]
     285A.708
     (a) Administrative expenses of the
commission in processing applications and investigating proposed projects.
     (b) Payment of loans to port districts
pursuant to ORS 285A.666 to 285A.732.
     (c) Administrative expenses of the
Economic and Community Development Department relating to ports. 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 an amount not to exceed five percent of
the total asset value of the fund.
     (2) The fund created by subsection (1) of
this section shall consist of:
     (a) Application fees required by ORS
285A.672 (2).
     (b) Repayment of moneys loaned to port
districts or others from the Oregon Port Revolving Fund, including interest on
such 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 such funds.
     (3) Outstanding debt on the fund shall not
exceed 95 percent of all deposits, accounts payable, and other assets of the
fund.
     (4) No money shall be expended from the
Oregon Port Revolving Fund for any economic development study costing more than
$50,000 unless a work plan and budget for such study has been provided to
appropriate legislative committees. [Formerly 285.915; 2001 c.883 §19; 2007
c.354 §13; 2007 c.804 §30]
     285A.709
Transfers to Port Planning and Marketing Fund. (1) Notwithstanding ORS 285A.708 (1) and
285A.711, available moneys in the Oregon Port Revolving Fund that were accrued
as net earned income of the fund may be transferred to the Port Planning and
Marketing Fund created under ORS 285A.654.
     (2) Notwithstanding ORS 285A.654 (1)(b),
moneys transferred to the Port Planning and Marketing Fund under this section
may be used for payments of grants under ORS 285A.654 to 285A.660 to ports
formed under ORS 285A.603 to 285A.732 or ORS chapter 777 or 778.
     (3) In addition to and notwithstanding any
other law, an amount not to exceed five percent of the assets of the Oregon
Port Revolving Fund as calculated on July 1 of each year shall be transferred
to the Port Planning and Marketing Fund under this section. [1987 c.607 §19;
1991 c.539 §2; repealed by 1987 c.607 §20, as amended by 1991 c.539 §3, 1995
c.436 §4 and 1999 c.58 §1; amendments by 2003 c.773 §55 and 2003 c.802 §157
treated as reenactments; 2007 c.804 §31]
     Note: 285A.709 was added to and made a part of
285A.666 to 285A.732 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     285A.711
Use of fund proceeds. All
payments, receipts and interest from outstanding indebtedness shall be retained
in the Oregon Port Revolving Fund and accumulated for new project disbursal,
and repayment of funds allocated pursuant to section 25, chapter 838, Oregon
Laws 1977. All interest earnings of the fund from whatever source shall be
retained and accumulated in the Oregon Port Revolving Fund and shall be used
for projects, and repayment of funds allocated pursuant to section 25, chapter 838,
Oregon Laws 1977. [Formerly 285.920; 2001 c.883 §20]
     285A.714 [Formerly 285.923; repealed by 1999 c.509 §61]
     285A.717 [Formerly 285.927; repealed by 1999 c.509 §61]
     285A.720 [Formerly 285.930; repealed by 1999 c.509 §61]
     285A.723 [Formerly 285.933; repealed by 1999 c.509 §61]
     285A.726 [Formerly 285.935; repealed by 1999 c.509 §61]
     285A.729 [Formerly 285.940; repealed by 1999 c.509 §61]
     285A.732
Short title. ORS 285A.666 to
285A.711 shall be known as the Oregon Port Revolving Fund Act. [Formerly
285.943]
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