US Laws, Codes, Statutes & Cases

Chapter 285A — Economic Development I

 

2005 EDITION

 

 

ECONOMIC DEVELOPMENT I

 

ECONOMIC DEVELOPMENT

 

GENERAL PROVISIONS

 

285A.010  Definitions for ORS chapters 285A, 285B and 285C

 

285A.020  Legislative findings; declaration of policy and economic strategy

 

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

 

285A.045  Duties and functions of commission

 

285A.050  Annual report; content; exercise of commission powers

 

285A.055  Prerequisites for certain commission actions

 

285A.060  Advisory and technical committees

 

(Department)

 

285A.070  Economic and Community Development Department; organization; director; confirmation; duties

 

285A.075  Purpose of department; duties; rules; contract authority; water system assistance

 

285A.080  Salaries and expenses of personnel

 

285A.085  Duties of director; rules

 

285A.090  Duties of department; duties of field representatives; foreign trade offices

 

285A.095  Priority to be given to distressed areas for financing economic development; compliance review

 

285A.100  Directory of Oregon Manufacturers; other publications; Economic Development Publication Account

 

285A.105  Duties of department for Armed Forces of United States

 

285A.110  Rulemaking; policy role of commission

 

(Job Development)

 

285A.112  Mission statement for job development by Economic and Community Development Department

 

285A.114  Regions for job development and community assistance; economic innovation coordination

 

(International Trade Commission)

 

285A.125  Legislative findings

 

285A.131  International Trade Commission; members; compensation; executive director of international division; staff support

 

285A.133  Duties and functions of trade commission

 

285A.136  Biennial report; contents

 

285A.139  Short title

 

285A.141  Oregon trade representative in China; duties

 

(Sister States)

 

285A.143  Sister state committees; membership; term

 

285A.145  Sister state committee duties

 

(Oregon Progress Board)

 

285A.150  Policy; legislative findings and statement of purpose

 

285A.153  Oregon Progress Board; members; terms; compensation

 

285A.156  Additional nonvoting members of board; advisory functions; payment of expenses

 

285A.159  Officers; quorum; meetings; staff

 

285A.162  Strategy for Oregon’s future; participation of public in development of strategy; adoption of strategy; periodic revision

 

285A.165  Board recommendation of statutory and policy changes; local assistance

 

285A.168  Goals to measure progress; review and adoption; revision

 

285A.170  Evaluation of sustainability goals; biennial report; contents

 

285A.174  Biennial report; contents

 

(Brownfields Redevelopment and Cleanup)

 

285A.185  Brownfields Redevelopment; rules

 

285A.188  Brownfields Redevelopment Fund; definitions; purpose; criteria and priorities for loans and grants; rules

 

285A.190  Oregon Coalition Brownfields Cleanup Program; loans and grants; rules

 

285A.192  Oregon Coalition Brownfields Cleanup Fund; sources; purpose

 

(Financial Affairs)

 

285A.200  Gifts; federal aid; fees for loans

 

285A.203  Designation of department as agency to obtain financial assistance involving federal port programs

 

285A.206  Department to prepare financial statements; contents

 

285A.209  Economic Development Department Special Events Revolving Fund

 

285A.213  Safe Drinking Water Revolving Loan Fund; administration; sources; purpose

 

285A.224  Economic Stabilization and Conversion Fund; uses; rules

 

285A.227  Oregon Community Development Fund; purposes; sources; use; rules

 

PACIFIC NORTHWEST ECONOMIC REGION COMPACT

 

285A.240  Legislative finding

 

285A.243  Compact

 

OREGON TOURISM COMMISSION

 

285A.255  Definitions for ORS 285A.255 to 285A.288

 

285A.258  Legislative findings

 

285A.261  Oregon Tourism Commission; qualifications; confirmation; term; compensation and expenses; officers; quorum

 

285A.264  Duties of commission; marketing plan; rules

 

285A.267  Action on marketing plan

 

285A.269  Commission exempt from certain financial administration laws; contracts with state agencies for services; personnel policies and contracting and purchasing procedures

 

285A.271  Authority of commission

 

285A.272  Budget of commission; financial records and statements

 

285A.274  Commission account; disposition of moneys; exemption from expenditure limitations

 

285A.277  Audit by Secretary of State

 

285A.279  Matching grant program; purposes; amount

 

285A.282  Executive director of commission

 

285A.288  Maintenance of tourist information centers

 

TITLE I BANK FUND

 

285A.300  Definitions for ORS 285A.300 to 285A.312

 

285A.303  Findings; purpose

 

285A.306  Title I Bank Fund; administration; rules; costs

 

285A.309  Use of funds

 

285A.312  Application of federal statutes

 

FOREIGN TRADE ZONES

 

285A.325  Foreign trade zones; operators of zones

 

285A.328  Specific corporation authorized to maintain foreign trade zone

 

ASSISTANCE TO SMALL BUSINESSES

 

285A.340  Legislative findings; declaration of policy

 

285A.346  Purchases of assistance services to small businesses; grants; requirements for providers of services; waiver of federal requirements

 

285A.349  Evaluation of effectiveness of assistance

 

RURAL REVITALIZATION AND LEADERSHIP DEVELOPMENT PROGRAM

 

285A.483  Legislative findings; declaration of policy

 

285A.486  Technical assistance; leadership training

 

285A.489  Contracts to carry out program

 

285A.495  Short title

 

ECONOMIC DISLOCATIONS

 

285A.510  Definitions for ORS 285A.510 to 285A.522

 

285A.513  Policy

 

285A.516  Agency to receive notice of plant closing or layoff

 

285A.519  Notice to employers of agency that receives closing or layoff notice; assistance programs

 

285A.522  Annual report of plant closings and layoffs; contents

 

PORTS

 

(Generally)

 

285A.600  Policy

 

285A.603  Definitions for ORS 285A.603 to 285A.633

 

285A.606  Ports Division; powers and duties

 

285A.609  Oregon Ports Representation Group; membership; rules

 

285A.612  Duties and functions of representation group

 

285A.615  Ports Division to provide managerial assistance and technical services; cooperation with other agencies

 

285A.618  Biennial report of Oregon Ports Representation Group

 

285A.624  Ports Division employees

 

285A.627  Commission and division functions; approval required for creation of new ports; coordinating, planning and research on international trade

 

(Regions)

 

285A.630  Port regions

 

285A.633  Regional meetings required; report to commission

 

(Planning and Marketing)

 

285A.654  Port Planning and Marketing Fund; uses; sources; investment

 

285A.657  Grant purposes; application; standards; prohibited funding

 

285A.660  Funding priorities

 

(Oregon Port Revolving Fund)

 

285A.666  Definitions for ORS 285A.666 to 285A.732

 

285A.669  Application for project money

 

285A.672  Commission review of application; fee

 

285A.675  Private contract for project not prohibited

 

285A.678  Qualifications for approval of project funding

 

285A.681  Loan from fund; repayment plan; project inspection; enforcement of contract

 

285A.684  Project moneys from port revolving fund

 

285A.687  Filing of lien against port; notice of satisfaction

 

285A.690  Powers to enforce loan agreement

 

285A.693  Sources of loan repayment moneys

 

285A.696  Duties of director

 

285A.699  Reimbursement to port revolving fund upon refinancing of project

 

285A.702  Joint financing

 

285A.705  Loan contract under joint financing programs

 

285A.708  Oregon Port Revolving Fund; creation; purposes; sources; debt limit

 

285A.709  Transfers to Port Planning and Marketing Fund

 

285A.711  Use of fund proceeds

 

285A.732  Short title

 

GENERAL PROVISIONS

 

      285A.010 Definitions for ORS chapters 285A, 285B and 285C. As used in ORS chapters 285A, 285B and 285C, unless the context requires otherwise:

      (1) “Commission” means the Oregon Economic and Community Development Commission.

      (2) “Community” means an area or locality in which the body of inhabitants has common economic or employment interests. The term is not limited to a city, county or other political subdivision and need not, but may be, limited by political boundaries.

      (3) “Department” means the Economic and Community Development Department.

      (4) “Director” means the Director of the Economic and Community Development Department.

      (5) “Distressed area” means a county, city, community or other geographic area that is designated as a distressed area by the department, based on indicators of economic distress or dislocation, including but not limited to unemployment, poverty and job loss.

      (6) “International trade” means the export and import of products and services and the movement of capital for the purpose of investment.

      (7) “Rural area” means an area located entirely outside of the acknowledged Portland Metropolitan Area Regional Urban Growth Boundary and the acknowledged urban growth boundaries of the cities of 30,000 or more in population, including Albany, Bend, Corvallis, Eugene, Springfield, Salem, Keizer or Medford.

      (8) “Rural community” means a community located in a rural area.

      (9) “Traded sector” means industries in which member firms sell their goods or services into markets for which national or international competition exists. [Formerly 285.001; 1999 c.509 §1; 2003 c.114 §1]

 

      285A.020 Legislative findings; declaration of policy and economic strategy. (1) The Legislative Assembly finds that:

      (a) Oregon’s economy continues to experience change and adjustment that greatly affect the well-being of its citizens.

      (b) The state has a need for continuing economic development to help provide the jobs for its citizens that lead to community vitality and a high quality of life.

      (2) The Legislative Assembly further finds that:

      (a) Oregon’s human resources constitute a major asset in the state’s effort to promote economic expansion and improvement.

      (b) Oregon’s natural resources provide ample opportunities for productive and beneficial economic enterprise.

      (c) Oregon’s location on the growing economy of the Pacific Rim provides substantial opportunities and challenges in international trade.

      (d) Oregon’s special heritage, its respect for and cultivation of its environment and its quality of life are a unique and sustaining virtue that will both guide and assist in maintaining the state’s economic health.

      (3) It is the purpose of ORS chapters 285A, 285B and 285C to promote the improvement of Oregon’s economy to better provide for the well-being of its citizens. To that end, the Economic and Community Development Department shall invest resources in accordance with the following principles:

      (a) Structures and processes for making public investments and dealing with local and regional issues must be designed flexibly so that actions can adapt to the constantly changing conditions and demands under which communities and businesses operate.

      (b) Partnerships among local, state and federal, public and private players should be used to set direction, develop projects and set priorities.

      (c) The expected impact of public investments at all levels should be explicitly identified, in terms of measurable outcomes, whenever possible.

      (d) State, federal and community goals, constraints and obligations should be identified at the beginning of the public investment planning process, and the state should work actively with communities and regions to accomplish their mutual objectives.

      (4) The Legislative Assembly declares that it is the immediate economic strategy of the state to:

      (a) Focus on Oregonians in communities that are rural, economically distressed or lack diverse employment opportunities, including providing assistance in recruiting jobs from outside the community or state and financing necessary infrastructure;

      (b) Assist Oregonians who are underemployed or in low income jobs;

      (c) Assist start-up companies and companies already doing business in Oregon;

      (d) Help regions that are committed to making strong progress toward an integrated structure and process for strategic planning and project development; and

      (e) Focus on strategies and investments that maximize the economic benefit to the state of the global shift to an information, science and technology driven economy and on industries and companies that make significant use of the high-capacity telecommunications, science and technology-related manufacturing processes or knowledge transfer typical of these emerging economic sectors. [Formerly 285.005; 1999 c.509 §2; 2001 c.883 §1b]

 

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 seven members appointed as follows:

      (a) One nonvoting, ex officio member appointed from among the members of the Senate by the President of the Senate;

      (b) One nonvoting, ex officio member appointed from among the members of the House of Representatives by the Speaker of the House of Representatives; and

      (c) Five members appointed by the Governor, subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565. The Governor shall appoint members of the commission in compliance with all of the following:

      (A) Members shall be appointed with due consideration given to representation of the different geographic regions of the state, and at least one member shall be a resident of the area east of the Cascade Range.

      (B) Not more than three members shall belong to one political party. Party affiliation shall be determined by the appropriate entry on official election registration cards.

      (C) At least one member shall be an individual with substantial experience or training in international trade or an individual who, at the time of appointment, is involved in international trade. The member’s experience or involvement in international trade may include importing or exporting goods into or from the State of Oregon.

      (2)(a) The term of office of each member appointed by the Governor is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member appointed by the Governor, the Governor shall appoint a successor whose term begins on July 1 next following. A member appointed by the Governor is eligible for reappointment. In case of a vacancy among the members appointed by the Governor for any cause, the Governor shall appoint a person to fill the office for the unexpired term.

      (b) The term of office of the member appointed by the President of the Senate is four years. In case of a vacancy for any cause, the President of the Senate shall appoint a Senator to fill the office for the unexpired term.

      (c) The term of office of the member appointed by the Speaker of the House of Representatives is two years. In case of a vacancy for any cause, the Speaker of the House of Representatives shall appoint a Representative to fill the office for the unexpired term.

      (3) A member of the commission who is appointed by the Governor is entitled to compensation and expenses as provided by ORS 292.495.

      (4) The Governor shall appoint one of the voting commissioners as presiding officer of the commission. The presiding officer shall have duties and powers as the commission determines are necessary for the office.

      (5) Three voting members of the commission constitute a quorum for the transaction of business.

      (6) The commission shall meet at least quarterly at a time and place determined by the commission. The commission shall also meet at such other times and places as are specified by the call of the presiding officer or 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]

 

      285A.045 Duties and functions of commission. (1) As its primary duty, the Oregon Economic and Community Development Commission shall develop and maintain an economic and community development policy for this state that implements the strategy declared in ORS 285A.020 (4) and that includes policies that:

      (a) Maintain and create jobs that raise real wage levels of Oregon workers.

      (b) Increase the skill levels of the Oregon workforce.

      (c) Improve the competitiveness of this state’s traded sector industries, including industries characterized by significant use of high-capacity telecommunications, science and technology-related manufacturing processes or knowledge transfer, and achieve benchmarks for those industries established by the Oregon Progress Board.

      (d) Invest public moneys in a manner that produces the greatest possible return on investment.

      (e) Support statewide and regional strategies to develop and maintain the infrastructure necessary to support and strengthen the economy of this state.

      (f) Identify and eliminate barriers that impede the competitiveness of Oregon businesses.

      (g) Encourage expansion of existing Oregon businesses and the attraction of new business and industry to those communities that desire such development, with particular attention to industries characterized by significant use of high-capacity telecommunications, science and technology-related manufacturing processes or knowledge transfer.

      (h) Encourage investment in infrastructure projects, including electronic, communications and financial resource projects, that benefit Internet-based entities and employees and encourage the entities and employees to relocate to or remain in Oregon.

      (i) Assist in the development of microenterprise businesses in Oregon, including increasing the availability of training and technical assistance available to serve microenterprises.

      (2) It is the function of the Oregon Economic and Community Development Commission to establish the policies for economic and community development in this state in a manner consistent with the policies and purposes set forth in this section and ORS 285A.050. In addition, the commission shall perform any other duty vested in it by law.

      (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) The commission shall set policy for and monitor programs relating to economic development and rural and community development and such other programs related to economic and community development that may be assigned by law to the department.

      (5) In carrying out its duties under subsection (1) of this section, the commission shall:

      (a) Place priority on those policies that achieve benchmarks established by the Oregon Progress Board; and

      (b) Coordinate its activities with the policies of the Education and Workforce Policy Advisor and the policymaking bodies of the Housing and Community Services Department, the Department of Transportation, the Department of Environmental Quality, the Department of Land Conservation and Development and the Employment Department, as well as other appropriate state and federal agencies. [Formerly 285.011; 1999 c.509 §4; 2001 c.174 §1; 2001 c.419 §7; 2001 c.883 §1c]

 

      285A.050 Annual report; content; exercise of commission powers. (1) The Oregon Economic and Community Development Commission shall report annually to the Governor and the Legislative Assembly on the success of economic development efforts. The report, at a minimum, shall include the following:

      (a) For the overall Economic and Community Development Department effort and for each identifiable program and significant project or service:

      (A) The impact of that program on the competitiveness of traded sector industries and the skill levels of the Oregon workforce;

      (B) The impact on the number of jobs, including jobs created and retained;

      (C) The impact on the wage levels of Oregon workers, including increases in wage levels;

      (D) The actual or anticipated impact of public investments at all levels, in terms of measurable outcomes wherever possible; and

      (E) The impact of that program on the Internet-based entities and employees in Oregon.

      (b) The status of the Oregon economy related to:

      (A) Changes in employment and wage levels in Oregon industries;

      (B) Changes in employment, wage levels and competitiveness of traded sector industries; and

      (C) Barriers that have been identified as impeding business competitiveness and productivity in this state.

      (c) Progress made toward achievement of the Oregon Benchmarks.

      (d) Recommendations for removing identified barriers and additional suggestions for improving the performance of Oregon’s economy.

      (e) Recommendations on this state’s investment in its public ports, on this state’s response to policy issues that affect ports and for the strategic development of port facilities that promote maritime commerce, recreational opportunities and the economy of Oregon.

      (f) Progress made toward elimination of economically distressed areas of this state.

      (g) Recommendations regarding improving the international competitiveness of Oregon.

      (h) Progress made in serving microenterprise businesses and recommendations for increasing the success of microenterprises.

      (2) Whenever a power is granted to the commission, the power may be exercised by such officers, employees or commission-appointed committees as are designated in writing by the commission.

      (3) 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]

 

      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 shall:

      (1) Determine that the action is cost effective, considering both major public expenses and major public benefits;

      (2) Find that the project will produce goods or services which are sold in markets for which national or international competition exists or, if the project is to be constructed and operated by a nonprofit organization, that the project will not compete with local for-profit businesses;

      (3) Determine that the action is the best use of the moneys involved, considering other pending applications for those moneys;

      (4) Find that the project involved is consistent with the Economic and Community Development Department’s comprehensive policy and programs;

      (5) Find that the project involved is consistent with applicable adopted local economic development plans; and

      (6) Provide for public notice of, and public comment on, the action. [Formerly 285.025; 1999 c.509 §6; 2001 c.883 §2]

 

      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 continued, but reorganized as provided in this section.

      (2) The Economic and Community Development Department shall be organized by the Director of the Economic and Community Development Department in whatever manner the director considers necessary to conduct the work of the department efficiently and effectively, subject to approval by the Oregon Economic and Community Development Commission.

      (3) The department shall be under the supervision of the director, who shall be appointed by and shall hold office at the pleasure of the Governor.

      (4) The appointment of the director shall be subject to confirmation by the Senate in the manner provided by ORS 171.562 and 171.565.

      (5) 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.

      (6) The Oregon Economic and Community Development Commission shall report periodically to the Governor on the director’s performance and make appropriate recommendations. [Formerly 285.033; 1999 c.509 §7]

 

      285A.075 Purpose of department; duties; rules; contract authority; water system assistance. (1) The Economic and Community Development Department, through research, promotion and coordination of activities in this state, shall foster the most desirable growth and geographical distribution of agriculture, industry and commerce in the state. The department shall serve as a central coordinating agency and clearinghouse for activities and information concerning the resources and economy of the state.

      (2) The department shall have no regulatory power over the activities of private persons. Its functions shall be solely advisory, coordinative and promotional.

      (3) The department shall administer the state’s participation in the federal Community Development Block Grant funding program authorized by 42 U.S.C. 5301 et seq.

      (4) In order to accomplish the purposes of ORS chapters 285A, 285B and 285C and ORS 329.905 to 329.975, the department may expend moneys duly budgeted to pay the travel and various other expenses of industrial or commercial site location agents, film or video production location agents, business journal writers, elected state officials or other state personnel whom the Director of the Economic and Community Development Department determines may promote the purposes of this subsection.

      (5) In accordance with applicable provisions of ORS chapter 183, the department may adopt rules necessary for the administration of laws that the department is charged with administering.

      (6) ORS 276.428, 279A.120, 279A.140, 279A.155, 279A.275, 279B.025, 279B.235, 279B.270, 279B.280, 279C.370, 279C.500 to 279C.530, 279C.540, 279C.545, 279C.800 to 279C.870, 282.020, 282.050, 282.210, 282.220, 282.230, 283.140, 459A.475, 459A.490, 653.268 and 653.269 do not apply to the department’s operation of foreign trade offices outside the state.

      (7) Notwithstanding ORS 279A.140, the department may enter into contracts for personal services as necessary or appropriate to carry out the duties, functions and powers vested in the department by law.

      (8)(a) The department may contract directly with the Oregon Downtown Development Association, or its successor entity, to provide downtown development and redevelopment assistance and similar services to municipalities in Oregon.

      (b) The department may contract directly with Rural Development Initiatives, or its successor entity, to provide training, technical assistance, planning assistance and other support and services to municipalities in Oregon to build economic and community development capacity.

      (c) Contracts entered into under this subsection are exempt from the requirements of ORS 279.835 to 279.855 and ORS chapters 279A, 279B and 279C.

      (9) If the director determines that moneys are available, the department may transfer funds from the Special Public Works Fund created under ORS 285B.455 or from the Water Fund established under ORS 285B.563 to a state agency to provide financial assistance in the delivery of technical assistance or other services to one or more water systems for evaluation of water quality or services or for planning the improvement of water quality or services. The department may structure the financial assistance under this subsection in the form of an interagency grant or loan or in any other manner the director considers necessary or appropriate. [Formerly 285.035; 2001 c.883 §3; 2003 c.794 §235]

 

      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 Duties of director; rules. (1) Subject to policy direction by the Oregon Economic and Community Development Commission, the Director of the Economic and Community Development Department shall:

      (a) Be the administrative head of the Economic and Community Development Department;

      (b) Administer the laws of the state concerning 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 which may substantially affect economic development within Oregon.

      (2) In addition to duties otherwise required by law and subject to the policy direction by the commission, the director shall prescribe rules for the government of the department, the conduct of its employees, the assignment and performance of its business and the custody, use and preservation of its records, papers and property in a manner consistent with applicable law.

      (3) The director may delegate to any of the employees of the department the exercise or discharge in the director’s name of any power, duty or function of whatever character vested in or imposed by law upon the director. The official act of any such person so acting in the director’s name and by the authority of the director shall be considered to be an official act of the director.

      (4) The director shall have authority to 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 amounts of the bond shall be fixed by the director, except as otherwise provided by law, and the sureties shall be approved by the director. The department shall pay the premiums on the bonds. [Formerly 285.038; 1999 c.509 §8]

 

      285A.090 Duties of department; duties of field representatives; foreign trade offices. The Economic and Community Development Department shall:

      (1) Implement programs consistent with policies of the Oregon Economic and Community Development Commission.

      (2) Provide field representatives in the various geographical regions of the state. The field representatives shall be in the unclassified service and shall receive such salary as may be set by the Director of the Economic and Community Development Department, unless otherwise provided by law. The field representatives shall:

      (a) Serve as internal advocates and centralized contacts within state government for businesses seeking to locate or expand in the region and shall guide the businesses through all required processes with state regulatory agencies and local units of government to facilitate and expedite siting or expansion of the businesses within the businesses’ budgets and in an economically viable manner;

      (b) Seek assistance and direction from the Governor or a designee of the Governor for resolving issues that have delayed a project in order to ensure that governmental decisions and actions on projects are made in a timely and reasonable manner;

      (c) Work with local units of government and the private sector as they establish and carry out economic and community development plans and programs under ORS 280.500;

      (d) Establish links with and act as liaisons between businesses seeking to locate or expand in the region and resources within the public and private institutions of higher education in Oregon familiar with technological advancements and grant opportunities;

      (e) Serve as liaisons between businesses seeking to locate or expand in the region and appropriate governmental, university, community college and industry representatives to assist and partner with the businesses in their developmental efforts;

      (f) Assemble regional rapid response teams that include regional departmental staff and representatives of local governments in the region to work with businesses seeking to locate or expand in the region by facilitating developmental procedures and eliminating obstacles to completion of projects;

      (g) Assign specific responsibilities for and monitor progress of rapid response team members toward completion of tasks essential to the achievement of a successful outcome of a project for all parties involved;

      (h) Coordinate meetings between businesses seeking to locate or expand in the region and the members of rapid response teams to establish and monitor the adherence to developmental timelines and to ensure satisfaction with services provided;

      (i) Deliver to local units of government and the private sector the assistance and services available from the department, including publications, research and technical and financial assistance programs; and

      (j) Promote local awareness of department policy and department programs and services and of assistance and economic incentives available from government at all levels.

      (3) Process requests received by state agencies and interested parties for information pertaining to industrial and commercial locations and relocations throughout the state.

      (4) Consult and advise with, coordinate activities of, and give technical assistance and encouragement to, state and local organizations, including local development corporations, county, city, and metropolitan-area committees, chambers of commerce, labor organizations and similar agencies interested in obtaining new industrial plants or commercial enterprises.

      (5) Act as the state’s official liaison agency between persons interested in locating industrial or business firms in the state, and state and local groups seeking new industry or business, maintaining the confidential nature of the negotiations it conducts as requested by persons contemplating location in the state.

      (6) Coordinate state and federal economic and community development programs.

      (7) Consult and advise with, coordinate activities of, and give technical assistance and encouragement to all parties including, but not limited to, port districts within the state working in the field of international trade or interested in promoting their own trading activity.

      (8) Provide advice and technical assistance to Oregon business and labor.

      (9) Collect and disseminate information regarding the advantages of developing new business and expanding existing business in the state.

      (10) Aid local communities in planning for and obtaining new business to locate therein and provide assistance in local applications for federal development grants.

      (11) Work actively to recruit domestic and international business firms to those communities that desire such recruitment.

      (12) In carrying out its duties under ORS chapters 285A, 285B and 285C and ORS 329.905 to 329.975, give priority to assisting small businesses in this state by encouraging the creation of new businesses, the expansion of existing businesses and the retention of economically distressed businesses which are economically viable.

      (13) Establish and operate foreign trade offices in those foreign countries in which the department considers a foreign trade office necessary using department employees, contracts with public or private persons or a combination of department employees and contractors. 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 those persons. Foreign trade offices shall provide one or more of the following services:

      (a) Work with the private sector to assist them in finding international markets for their goods and services;

      (b) Work with local units of government to assist them in locating foreign businesses within their jurisdiction;

      (c) Promote awareness in foreign countries of department policy, programs and services and of assistance and economic incentives available from government at all levels; or

      (d) Provide other assistance considered necessary by the director. [Formerly 285.050; 1999 c.509 §9; 2001 c.883 §40; 2003 c.773 §1a; 2003 c.800 §7]

 

      285A.095 Priority to be given to distressed areas for financing economic development; compliance review. (1) When providing funding for a project, for a program or for technical assistance, the Economic and Community Development Department shall give priority to counties, cities, communities or other geographic areas that are designated as distressed areas by the Economic and Community Development Department, based on indicators of economic distress or dislocation, including but not limited to unemployment, poverty and job loss.

      (2) Prior to defining or designating distressed areas for the purposes of subsection (1) of this section, the Economic and Community Development Department shall consult with other state agencies and with local agencies and officials.

      (3) The Economic and Community Development Department shall conduct a review of its compliance with subsections (1) and (2) of this section at least once in each year and shall prepare a report concerning the compliance review. The report shall be incorporated into the annual report of the Oregon Economic and Community Development Commission required by ORS 285A.050. [1997 c.535 §2; 2003 c.773 §1b; 2003 c.800 §8]

 

      285A.100 Directory of Oregon Manufacturers; other publications; Economic Development Publication Account. (1) The Economic and Community Development Department may cause to be published a Directory of Oregon Manufacturers and such other publications relating to the economic development of the state. The cost of such publications shall be fully recovered through the sales thereof.

      (2) All revenues derived from the sale of publications of the department shall be deposited in the Economic Development Publication Account, which is hereby established as an account in the General Fund.

      (3) The moneys credited to the Economic Development Publication Account under subsection (2) of this section, shall be continuously appropriated exclusively to pay for publication costs of the Economic and Community Development Department. [Formerly 285.055]

 

      285A.105 Duties of department for Armed Forces of United States. (1) The Economic and Community Development Department shall:

      (a) Consult and advise with, coordinate the activities of and give technical assistance to the Armed Forces of the United States and units of local government in this state in carrying out this section and ORS 341.529, 351.642 and 497.006.

      (b) Provide, upon request of any one of the Armed Forces of the United States, lists of persons who are qualified to provide technical and commercial services to the Armed Forces of the United States and to enter contracts for the construction, repair and maintenance of military facilities.

      (2) Other state agencies shall cooperate with the Economic and Community Development Department and the Armed Forces of the United States in carrying out this section and ORS 341.529, 351.642 and 497.006. [Formerly 285.060; 2003 c.242 §6]

 

      285A.110 Rulemaking; policy role of commission. (1) In accordance with any applicable provisions of ORS chapter 183, the Economic and Community Development Department may adopt such rules consistent with 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.

      (2) The commission has the power to establish any policy when a statute gives such power to the department. However, the commission may not establish policy when a statute specifically grants policy-making power to a named board, council or commission, without regard to whether that board, council or commission exists within the department. [Formerly 285.065; 2001 c.104 §97]

 

(Job Development)

 

      285A.112 Mission statement for job development by Economic and Community Development Department. The Oregon Economic and Community Development Commission shall develop a mission statement for the Economic and Community Development Department that gives the highest priority to promoting job development in Oregon by:

      (1) Assisting existing companies that desire to expand;

      (2) Assisting existing companies that desire to develop new products;

      (3) Promoting the commercialization of technology developed at colleges and universities in Oregon;

      (4) Recruiting businesses in targeted industries to locate in Oregon;

      (5) Providing assistance to communities for local economic development efforts; and

      (6) Developing infrastructure for communities that supports local economic development efforts. [2003 c.773 §58 and 2003 c.800 §1]

 

      Note: 285A.112 and 285A.114 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.114 Regions for job development and community assistance; economic innovation coordination. (1) In consultation with local governments, the Oregon Economic and Community Development Commission shall establish regions for the purpose of job development and community assistance. 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 Oregon to promote the use of the research capacities of these institutions for development of new products. [2003 c.800 §4; 2005 c.748 §25]

 

      Note: See note under 285A.112.

 

      Note: Section 60, chapter 773, Oregon Laws 2003, provides:

      Sec. 60. (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 Oregon to promote the use of the research capacities of these institutions for development of new products. [2003 c.773 §60; 2005 c.748 §26]

 

      285A.115 [Formerly 285.068; repealed by 1999 c.509 §61]

 

(International Trade Commission)

 

      285A.125 Legislative findings. The Legislative Assembly finds and declares that the expansion of international trade is vital to the overall growth of the economy of Oregon. [1997 c.700 §1]

 

      Note: 285A.125 to 285A.139 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.128 [1997 c.700 §2; repealed by 2003 c.114 §4]

 

      285A.131 International Trade Commission; members; compensation; executive director of international division; staff support. (1) There is established the International Trade Commission consisting of 15 members appointed by the Governor. In appointing members of the commission, the Governor shall appoint some members who represent businesses specializing in international trade and some who represent traded sector industries. The commission shall include:

      (a) A member of the Oregon Economic and Community Development Commission;

      (b) A member of the State Board of Agriculture;

      (c) A member of the board of commissioners of the Port of Portland; and

      (d) A representative of the Pacific Northwest International Trade Association.

      (2) In addition to the members appointed by the Governor, the President of the Senate shall appoint one member of the Senate and the Speaker of the House of Representatives shall appoint one member of the House of Representatives to serve as nonvoting, ex officio members of the International Trade Commission.

      (3) The members of the commission who are appointed by the Governor shall serve on the commission at the pleasure of the Governor.

      (4) The members of the commission who are appointed by the Governor may receive payment for their actual and necessary travel and other expenses as provided in ORS 285A.060.

      (5) The Economic and Community Development Department shall provide staff support for the International Trade Commission.

      (6) The commission may appoint work groups and task forces as the commission considers appropriate to assist the commission in carrying out the duties of the commission under this section and ORS 285A.133. Work groups and task forces may include individuals who are not members of the commission.

      (7) The Director of the Economic and Community Development Department, with the approval of the Governor, shall appoint an executive director of the International Division of the Economic and Community Development Department from a list of candidates submitted by the International Trade Commission. [Formerly 285.071; 1999 c.509 §24; 2001 c.204 §1; 2003 c.114 §2]

 

      Note: See note under 285A.125.

 

      285A.133 Duties and functions of trade commission. The International Trade Commission shall:

      (1) Act as an advocate for international trade with Oregon and promote the state’s international trade agenda.

      (2) Serve as a body to advise governmental bodies, agencies and private persons on the development and implementation of state policies and programs relating to international trade, coordinated with agricultural trade of the State Department of Agriculture, and assist, through the International Division of the Economic and Community Development Department, in the coordination of those activities.

      (3) Set policy for and monitor programs relating to and expanding international trade for the International Division of the Economic and Community Development Department.

      (4) Recommend changes in state policies and programs relating to international trade to the Director of the Economic and Community Development Department and the Oregon Economic and Community Development Commission. [Formerly 285.073; 2003 c.114 §3]

 

      Note: See note under 285A.125.

 

      285A.136 Biennial report; contents. The International Trade Commission shall prepare and submit to the Governor and to the Legislative Assembly a biennial report on January 15, 1999, and on January 15 of every other year thereafter. The report shall be incorporated into the annual report of the Oregon Economic and Community Development Commission required by ORS 285A.050. The report required by this section shall include, but not be limited to, the following:

      (1) A description of the activities of the International Trade Commission during the two-year reporting period.

      (2) Information and data on relevant trade patterns and trends.

      (3) Recommendations, including long-range strategic plans and legislative proposals.

      (4) An action agenda for the subsequent two years. [1997 c.700 §6; 2003 c.800 §9]

 

      Note: See note under 285A.125.

 

      285A.139 Short title. ORS 285A.131 and 285A.133 shall be known and may be referred to as the International Trade Enhancement Act of 1995. [Formerly 285.069]

 

      Note: See note under 285A.125.

 

      285A.141 Oregon trade representative in China; duties. The Oregon trade representative in China shall promote an increase in exports from Oregon to China and shall:

      (1) Assist Oregon businesses in dealing with the regulations and procedures of the government of China.

      (2) Arrange for visits to China by Oregon delegations and trade shows.

      (3) Communicate with officials, corporations and other persons in China to expand Chinese knowledge of Oregon.

      (4) Communicate with officials, corporations and other persons in Oregon to expand knowledge of China in this state.

      (5) Facilitate meetings and other contacts between Chinese citizens and organizations and the people and businesses in Oregon.

      (6) Promote, in conjunction with the Economic and Community Development Department:

      (a) The development of trade; and

      (b) The use of Oregon’s environmental protection expertise to expand opportunities for Oregon businesses in China. [1999 c.817 §2; 2003 c.563 §1]

 

      Note: 285A.141 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.

 

(Sister States)

 

      285A.143 Sister state committees; membership; term. (1) Upon the request of any legislator, for a sister state relationship in which the State of Oregon participates, a sister state committee, consisting of up to 21 members each, shall be appointed as described in subsection (2) of this section. The committee shall be named for the sister state for which the committee is created and shall be known as the (name of sister state) Sister State Committee.

      (2) Membership of each sister state committee shall include:

      (a) The President of the Senate, who shall be cochairperson of the committee;

      (b) The Speaker of the House of Representatives, who shall be 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 Oregon’s business community appointed by the President of the Senate;

      (f) Four members representing Oregon’s business community appointed by the Speaker of the House of Representatives;

      (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 jointly agree, one elected state official.

      (3)(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 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 (2)(e) or (f) of this section to be executive director to plan for and coordinate activities under ORS 285A.145 (2).