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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 26A ECONOMIC DEVELOPMENT
Chapter : Chapter 284 Organizations for Economic Development
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As used in ORS
284.300 to 284.375, unless the context requires otherwise:
(1) “Board” means the Film and Video Board.
(2) “Office” means the Oregon Film and Video Office created by ORS
284.305 (1). [1995 c.242 §1](1) The Oregon Film and Video Office is
created as a semi-independent state agency subject to ORS 284.300 to
284.375.
(2) Subject to legislative appropriations, the State of Oregon
recognizes a continuing obligation to contribute to the support of the
Oregon Film and Video Office. The State of Oregon recognizes that a
continued financial partnership with the office is essential to the
growth of the film and video industries. [1995 c.242 §§2,11]
(1) The Oregon Film and Video Office shall be
governed by the Film and Video Board.
(2) The Film and Video Board shall consist of five members
appointed by the Governor.
(3) The five members shall be appointed as follows:
(a) Two members shall be appointed from professional filmmakers,
videographers or production and support service firms.
(b) Two members shall be from the private financial sector and
shall have experience in high-risk venture investments, either with
start-up companies or in commercial banking.
(c) One member shall be appointed from a group or firm representing
emerging media technologies.
(4) A member of the board shall be appointed for a term of four
years that begins on July 1. A member shall hold office for the term of
the appointment and until a successor is appointed. However, a member may
be removed from the board at the pleasure of the Governor. A member is
eligible for reappointment.
(5) Upon expiration of the term of a member of the board, a
successor shall be appointed for a term of four years. In case of a
vacancy for any cause, the Governor shall appoint an individual to serve
the unexpired term of the member to be replaced.
(6) The board shall annually select one of its members to chair the
board with those duties and powers that the board determines are
necessary to perform the functions of the office.
(7) A majority of the members of the board constitutes a quorum for
the transaction of business.
(8) The board shall meet at least once in each calendar quarter at
a time and place to be determined by the chairperson of the board. All
meetings of the board shall be held in Oregon. The chairperson or any two
members of the board may call a special meeting after providing written
notice of the meeting to the other members at least seven days prior to
the meeting.
(9) Members of the board are entitled to expenses as provided in
ORS 292.495 (2). [1995 c.242 §3; 1997 c.632 §5] The Oregon Film
and Video Office shall be under the administrative control of a director,
who is appointed by and who holds office at the pleasure of the Film and
Video Board. The board shall set the compensation of the director. The
director of the office may appoint all subordinate officers and employees
of the office and may prescribe their duties and fix their compensation.
The director of the office may delegate to any subordinate officer or
employee any administrative duty, function or power imposed upon the
office by law. [1995 c.242 §5]
(1) Except as provided in
subsection (2) of this section, when carrying out the duties, functions
and powers of the Oregon Film and Video Office, the director of the
office may contract with any state agency for the performance of such
duties, functions and powers that the director considers appropriate.
(2) The director of the office shall not, without the prior
approval of the Film and Video Board:
(a) Award any contract for goods or professional services in excess
of $25,000;
(b) Authorize any expenditure of moneys in excess of $25,000;
(c) Sell or otherwise dispose of real or personal property valued
in excess of $25,000;
(d) Commence a civil legal action or proceeding;
(e) Sell, transfer and convey property to a buyer or lease property
to a tenant;
(f) Borrow money and give guarantees;
(g) Finance, conduct or cooperate in the financing of facilities
and projects to assist the film, video and emerging media industries; or
(h) In accordance with ORS chapter 183, adopt rules necessary for
the administration of laws that the office is charged with administering.
(3) The Film and Video Board shall approve the lease of property to
a tenant only when the sale, transfer or conveyance of the property
cannot be effected with reasonable promptness or at a reasonable price.
(4) The Film and Video Board shall not allow the director to borrow
money or give guarantees under subsection (2)(f) of this section unless
the indebtedness or other obligations of the office are payable solely
out of its own resources and do not constitute a pledge of the full faith
and credit of the State of Oregon or any of the revenues of this state.
(5) The office shall file with the Governor and the Legislative
Assembly a biennial report of the activities and operations of the
office. The report shall include a full and complete reporting of the
financial activities and transactions of the office during the biennium,
including at least the information required under ORS 284.365 (5). [1995
c.242 §9]
The Oregon Film and
Video Office shall:
(1) Assist in the development of Oregon’s indigenous film and video
industry.
(2) Act as the primary liaison and contact on behalf of the State
of Oregon for film or video production companies and personnel operating
in this state.
(3) Provide assistance to:
(a) Out-of-state production companies;
(b) Location managers and scouts;
(c) Film and video production personnel on location in this state
when dealing with local jurisdictions and state and federal agencies;
(d) The general public regarding film and video productions; and
(e) Local communities in attracting film and video productions.
(4) Coordinate with affected state and federal agencies to permit
filming.
(5) Market and promote Oregon as a location for film or video
productions.
(6) Promote the film and video industry in Oregon and the emerging
interactive multimedia technologies and related industries in this state
by:
(a) Developing a skilled workforce;
(b) Developing and managing production facilities and other related
infrastructure;
(c) Educating the business, financial and political communities in
this state concerning the positive economic and promotional effects of
these industries; and
(d) Promoting investment in the film and video industry, including
facilitating joint ventures and partnerships in the industry.
(7) Maintain the confidential nature of the negotiations it
conducts as requested by persons doing business with the office. [1995
c.242 §6] To carry out the
purposes specified in ORS 284.345, the Oregon Film and Video Office may:
(1) Make contracts and execute all instruments necessary or
convenient for carrying out the duties of the office;
(2) Acquire, own, hold, dispose of and encumber real or personal
property of any kind, or any interest in that property;
(3) Enter into agreements or other transactions involving the film,
video and emerging interactive multimedia industries with any federal,
state, county or municipal agency or with any person or other entity;
(4) Acquire real property or an interest in real property, by
purchase or foreclosure, when the acquisition is necessary or appropriate
to promote the film, video and emerging interactive multimedia industries;
(5) Appoint officers, consultants, agents and advisers, and
prescribe their duties;
(6) Appear in its own behalf before boards, commissions,
departments or other agencies of municipal or county governments, the
state government or the federal government;
(7) Procure insurance against any losses in connection with its
properties in such amounts and from such insurers as may be necessary or
desirable;
(8) Accept any and all donations, grants, bequests and devises,
conditional or otherwise, of money, property, services or other things of
value, including any interest or earnings thereon, that may be received
from the United States or any agency thereof, any governmental agency or
any institution or person, public or private, to be held, used or applied
for any or all of the purposes specified in ORS 284.345, in accordance
with the terms and conditions of the grant;
(9) Organize, conduct, sponsor, cooperate with and assist the
private sector and other state agencies in the conduct of conferences and
tours relating to the film, video and emerging interactive multimedia
industries;
(10) Provide and pay for advisory services and technical assistance
that may be necessary or desirable to carry out the purposes of ORS
284.345;
(11) Exercise any other powers necessary for the operation and
functioning of the office within the purposes authorized by ORS 284.345;
(12) In order to accomplish the purposes of ORS 284.300 to 284.355,
expend moneys duly budgeted to pay the travel and various other expenses
of film or video production company personnel;
(13) Charge for and receive income or revenue from any source to be
used for the purposes authorized by ORS 284.345; and
(14) Charge fees reasonably calculated to cover the costs incurred
by the office when providing services under ORS 284.300 to 284.355. [1995
c.242 §8](1) All moneys collected, received or
appropriated to the Oregon Film and Video Office shall be deposited in an
account established in a depository bank insured by the Federal Deposit
Insurance Corporation or the National Credit Union Share Insurance Fund.
In a manner consistent with the requirements of ORS chapter 295, the
chairperson of the Film and Video Board shall insure that sufficient
collateral secures any amount of funds on deposit that exceeds the limits
of the coverage of the Federal Deposit Insurance Corporation or the
National Credit Union Share Insurance Fund. Subject to approval by the
chairperson, the board may invest moneys collected or received by the
office. Investments made by the board are limited to the types of
investments listed in ORS 294.035 (3)(a) to (i). Interest earned from any
amounts invested must be made available to the office in a manner
consistent with the biennial budget approved by the board.
(2) Subject to the approval of the director of the office, all
necessary expenses of the office and the board must be paid from the
moneys collected, appropriated or earned by the office.
(3) The office shall adopt a budget on a biennial basis using the
classifications of expenditures and revenues required by ORS 291.206 (1).
The budget is not subject to review and approval by the Legislative
Assembly or to modification by the Emergency Board or the Legislative
Assembly. However, the budget must be included in the biennial report
required by ORS 284.335 (5).
(4) The board shall adopt a budget only after holding a public
hearing on the proposed budget. At least 15 days prior to any public
hearing on the proposed budget, the board shall give notice of the
hearing to all persons known to be interested in the proceedings of the
board and to any person who requests notice.
(5) All expenditures from the account established for the office
under subsection (1) of this section are exempt from any state
expenditure limitation. The office shall follow generally accepted
accounting principles and keep such financial and statistical information
that is necessary to completely and accurately disclose the financial
condition and financial operations of the office as may be required by
the Secretary of State.
(6) As used in this section, “depository bank” has the meaning
given that term in ORS 295.005. [1995 c.242 §10; 2003 c.405 §4; 2005
c.443 §19](1) The Oregon Production Investment
Fund is established in the State Treasury, separate and distinct from the
General Fund. Interest earned by the Oregon Production Investment Fund
shall be credited to the fund.
(2) Moneys in the Oregon Production Investment Fund shall consist
of:
(a) Amounts donated to the fund;
(b) Amounts appropriated or otherwise transferred to the fund by
the Legislative Assembly;
(c) Other amounts deposited in the fund from any source; and
(d) Interest earned by the fund.
(3) All moneys in the fund are continuously appropriated to the
Economic and Community Development Department for the purposes of making:
(a) Reimbursements authorized under ORS 284.368;
(b) Payments to a tax credit marketer for marketing services
provided by the marketer as described in ORS 284.369; and
(c) Refunds described in ORS 315.514 (6).
(4) Expenditures from the fund are not subject to ORS 291.230 to
291.260. [2003 c.736 §79](1) As used in this section:
(a) “Actual expenses” means the costs paid in Oregon for principal
photography, production or postproduction in Oregon of a film, including
but not limited to the purchase or rental cost of equipment, food,
lodging, real property and permits and payments made for salaries, wages
and benefits for work in Oregon.
(b) “Film” means a television movie or one or more episodes of a
single television series, or a movie produced for release to theaters,
video or the Internet. “Film” does not include the production of a
commercial or one or more segments of a newscast or sporting event.
(2)(a) The Economic and Community Development Department may
reimburse a bona fide television or film production company for a portion
of the actual expenses paid in Oregon by the television or film
production company to produce a film.
(b) Maximum reimbursement for a single film, other than a
television series, shall be 10 percent of actual expenses paid or
$250,000, whichever is less. Maximum reimbursement for one or more
episodes of a television series shall be 10 percent of actual expenses
paid or $30,000 per episode produced in Oregon, whichever is less.
(c) In order to qualify for reimbursement under this section, total
actual expenses paid for the film must equal or exceed $1 million.
(d) Reimbursement under this section shall be made from moneys
credited to or deposited in the Oregon Production Investment Fund during
the biennium in which the actual expenses were paid or any prior
biennium. A reimbursement may not be made to the extent funds are not
available in the fund to make the reimbursement.
(3)(a) Total actual expenses supporting a claim for reimbursement
under this section must be verified by the Oregon Film and Video Office.
The production company must submit to the office proof of the actual
expenses paid in Oregon to produce the film. The proof must include any
documentation that may be required by the office in its discretion to
verify the actual expenses.
(b) The office may charge the production company for costs
reasonably incurred to verify the actual expenses, including but not
limited to the cost for a review or audit of the supporting documentation
by an accountant or auditor. The office may require the department to
deduct the costs incurred by the office in performing its review or audit
from any reimbursement made to the production company under this section.
(c) The office may adopt rules that establish a procedure for the
submission and verification of actual expenses. [2003 c.736 §80]Note: Section 82, chapter 736, Oregon Laws 2003, provides:
Sec. 82. Reimbursement may be made under section 80 of this 2003
Act [284.368] only for actual expenses paid by a television or film
production company on or after January 1, 2005. [2003 c.736 §82] The Oregon Film and Video Office may hire or
contract with a marketer to market the tax credits described in ORS
315.514 to taxpayers. [2003 c.736 §81] (1) Except as otherwise provided
by law, ORS 279.835 to 279.855 and ORS chapters 240, 276, 279A, 279B,
279C, 282, 283, 291, 292 and 293 do not apply to the Oregon Film and
Video Office.
(2) Notwithstanding subsection (1) of this section, ORS 279A.100,
279A.250 to 279A.290, 282.210 to 282.230, 293.235, 293.240, 293.245,
293.260, 293.262, 293.611, 293.625 and 293.630 apply to the Oregon Film
and Video Office. [1995 c.242 §7; 2003 c.794 §234]Note: Sections 1, 2 and 1a, chapter 559, Oregon Laws 2005, provide:
Sec. 1. Labor rebate for qualifying film production; requirements;
certification of eligibility; rebate process; rules. (1) As used in this
section:
(a) “Actual expenses” means the costs paid in Oregon for principal
photography, production or postproduction in Oregon of a qualifying film
production, including but not limited to the purchase or rental cost of
equipment, food, lodging, real property and permits and payments made for
salaries, wages and benefits for work in Oregon.
(b) “Commercial” means a moving image production created to
advertise a product or service.
(c) “Qualifying compensation” means wages paid by an employer to an
employee for services performed in Oregon in connection with a qualifying
film production.
(d)(A) “Qualifying film production” means a production that occurs
primarily in Oregon of:
(i) One or more commercials;
(ii) One or more episodes of a television show; or
(iii) A movie to be released in theaters, on video, on television,
over the Internet or over any other distribution channel.
(B) “Qualifying film production” does not include the production of
one or more segments of a newscast or sporting event.
(2) The Oregon Film and Video Office shall pay a labor rebate to
any person engaged in a qualifying film production for qualifying
compensation paid by the person, if:
(a) The person has been certified by the office as eligible for a
labor rebate;
(b) The person has made withholding payments under section 4 of
this 2005 Act [316.220]; and
(c) The office has verified the actual expenses that support a
claim for a labor rebate under this section and those expenses exceed $1
million.
(3) The amount of the labor rebate for a qualifying film production
shall equal the amount withheld under section 4 of this 2005 Act with
respect to the qualifying film production and deposited in the Greenlight
Oregon Labor Rebate Fund established in section 2 of this 2005 Act, less
the expenses described in subsection (5)(b) of this section.
(4)(a) A person seeking a labor rebate under this section shall
apply to the office for certification.
(b) The office shall certify a person intending to engage in a
qualifying film production as eligible for a labor rebate under this
section if it is reasonably likely that the person will incur actual
expenses of at least $1 million that are related to a qualifying film
production and:
(A) If the qualifying film production consists of one or more
episodes of a television series, the actual expenses are associated with
production that comprises no more than a single season of episodes;
(B) If the qualifying film production consists of one or more
commercials, the actual expenses are to be incurred within a single year;
or
(C) If the qualifying film production consists of a movie or other
film production not described in subparagraph (A) or (B) of this
paragraph, the actual expenses are associated with that movie or other
film production.
(c) If the office decides to certify an applicant, the office shall
send a written certificate to the applicant and a copy of the certificate
to the Department of Revenue.
(5)(a) Upon completion of the qualifying film production for which
a certificate was issued under subsection (4) of this section, the office
shall verify the actual expenses supporting a claim for a labor rebate
under this section. The certificate holder shall submit to the office
proof of the actual expenses paid in Oregon to produce the qualifying
film production. The proof must include any documentation that may be
required by the office in its discretion to verify the actual expenses.
(b) The office may deduct from the amount of the labor rebate costs
reasonably incurred to verify the actual expenses, including but not
limited to the cost for a review or audit of the supporting documentation
by an accountant or auditor.
(c) The office may adopt rules that establish procedures for the
submission of proof of and verification of actual expenses and the
payment of rebates.
(6)(a) Following verification of actual expenses by the office, the
office shall pay a labor rebate to the certificate holder in the amount
determined under subsection (3) of this section.
(b) If the office is unable to verify that actual expenses of the
certificate holder are at least $1 million for the qualifying film
production for which the certificate was issued, the office may not pay a
labor rebate to the certificate holder. Moneys in the Greenlight Oregon
Labor Rebate Fund that are attributable to withholding paid by a
certificate holder for whom the office is unable to verify sufficient
actual expenses may be used for the purposes of the office. [2005 c.559
§1]
Sec. 2. Greenlight Oregon Labor Rebate Fund; permissible use of
moneys; transfer of moneys. (1) The Greenlight Oregon Labor Rebate Fund
is established in the State Treasury, separate and distinct from the
General Fund. Interest earned by the Greenlight Oregon Labor Rebate Fund
shall be credited to the Greenlight Oregon Labor Rebate Fund.
(2) All moneys in the Greenlight Oregon Labor Rebate Fund are
continuously appropriated to the Economic and Community Development
Department for the purposes of transferring amounts requested under
subsection (3) of this section to the Oregon Film and Video Office.
(3) Following verification by the Oregon Film and Video Office of
actual expenses of a qualifying film production certificate holder under
section 1 of this 2005 Act and a request for a transfer of funds by the
office, the department shall transfer amounts sufficient to pay the labor
rebate described in section 1 (6)(a) of this 2005 Act and the costs of
the office described in section 1 (5)(b) of this 2005 Act. [2005 c.559 §2]
Sec. 1a. The Oregon Film and Video Office may not issue a
qualifying film production labor rebate certificate under section 1 of
this 2005 Act on or after January 1, 2012. [2005 c.559 §1a]GOVERNOR’S COUNCIL ON OREGON’S ECONOMY(1) There is established the Governor’s Council on Oregon’s
Economy.
(2) The members of the council are:
(a) The presiding officer of the Oregon Economic and Community
Development Commission;
(b) The chairperson of the Oregon Transportation Commission;
(c) The chairperson of the State Board of Agriculture;
(d) The chairperson of the International Trade Commission;
(e) The president of the State Board of Higher Education; and
(f) Other persons designated by the Governor.
(3) The council shall meet quarterly to:
(a) Discuss and coordinate the activities of each entity described
in subsection (2) of this section that relate to economic development and
improving the economy in Oregon; and
(b) Discuss and recommend to the Legislative Assembly methods for
creating certainty for the development process. [2003 c.800 §3; 2005
c.748 §24] The Legislative Assembly finds that:
(1) There is a need for a statewide inventory of sites that are
planned and zoned for industrial or traded sector uses and are ready for
development;
(2) There is a need to improve coordination among local, regional
and state agencies with respect to economic development programs,
planning and policy; and
(3) There is a need for additional methodologies and guidance to
assist local governments in economic development planning. [2003 c.800
§10] As used in ORS 284.545 to
284.565 and sections 12 and 15 to 20, chapter 800, Oregon Laws 2003,
unless the context requires otherwise, “traded sector” has the meaning
given that term in ORS 285A.010. [2003 c.800 §11](1) The Governor shall establish the
Economic Revitalization Team in the office of the Governor for the
purpose of coordinating and streamlining state policies, programs and
procedures and providing coordinated state agency assistance to local
governments.
(2) The team shall establish a regulatory efficiency group to
assist the team consisting of the directors of the following state
agencies:
(a) The Department of Environmental Quality;
(b) The Economic and Community Development Department;
(c) The Department of Transportation;
(d) The Department of State Lands;
(e) The Department of Land Conservation and Development;
(f) The State Department of Agriculture;
(g) The Housing and Community Services Department; and
(h) Other appropriate agencies as determined by the Governor.
(3) Subject to the direction of the Governor, the team shall:
(a) Develop mechanisms to increase coordination among agencies on
common activities;
(b) Coordinate the activities of state agencies on specific state
and local projects;
(c) Coordinate the planning and permitting activities of state
agencies for the sites identified for industrial or traded sector
development under section 12, chapter 800, Oregon Laws 2003;
(d) Coordinate activities of the regulatory efficiency group
agencies with local governments;
(e) Coordinate the grant and loan activities of state agencies to
implement section 12, chapter 800, Oregon Laws 2003;
(f) Participate in the rulemaking activities of regulatory
efficiency group agencies to coordinate economic development activities;
(g) Prepare a report for the Seventy-second Legislative Assembly on
the sites identified for industrial or traded sector development under
section 12, chapter 800, Oregon Laws 2003, including a description of
each site and the economic benefit expected from site development. If
fewer than 25 sites are identified, the report must include an analysis
of why the target set forth in section 12, chapter 800, Oregon Laws 2003,
was not achieved;
(h) Prepare a report for the Seventy-second Legislative Assembly
with specific recommendations regarding the future of the team; and
(i) Undertake other activities as directed by the Governor.
(4) The team shall establish an advisory committee of individuals
familiar with agency permit procedures to advise the Governor and the
regulatory efficiency group agencies on permit issues related to economic
development.
(5) The team shall submit a report detailing its activities to the
Legislative Assembly in the manner described in ORS 192.245 not later
than January 31 of each odd-numbered year. The report must include:
(a) Case studies that demonstrate the types of problems encountered
in coordinating agency functions;
(b) Case studies that demonstrate statutory impediments to
efficient economic development; and
(c) Recommendations for legislative measures to improve agency
operations and statewide economic development.
(6) The team or a state agency working with the team to implement
ORS 284.545 to 284.565 and sections 12 and 15 to 20, chapter 800, Oregon
Laws 2003, or a state agency implementing ORS 284.570 to 284.585 may:
(a) Accept and expend funds received from gifts, grants or other
sources as necessary to perform activities authorized under ORS 284.545
to 284.565 and sections 12 and 15 to 20, chapter 800, Oregon Laws 2003,
or ORS 284.570 to 284.585.
(b) Enter into contracts and other agreements as necessary to
perform activities authorized under ORS 284.545 to 284.565 and sections
12 and 15 to 20, chapter 800, Oregon Laws 2003, or ORS 284.570 to
284.585. [2003 c.800 §13] The Economic
Revitalization Team established pursuant to ORS 284.555, acting through
the regulatory efficiency group agencies, shall:
(1) Give priority to expediting permits or other actions necessary
for development projects proposed for a site identified for industrial or
traded sector development under section 12, chapter 800, Oregon Laws
2003; and
(2) Take actions that are necessary to facilitate the
implementation of the state economic development strategy developed under
ORS 284.570. [2003 c.800 §14]The Economic and Community
Development Department, in coordination with the Economic Revitalization
Team established pursuant to ORS 284.555, shall develop and administer a
process for certifying sites throughout the state that are ready for
industrial or traded sector development. [2003 c.800 §21](1) The Governor shall
direct the Oregon Economic and Community Development Commission, in
consultation with the Economic Revitalization Team established pursuant
to ORS 284.555 and other state agencies as appropriate, to appoint an
advisory committee composed of representatives of local governments,
ports, local economic development organizations and private industry and
other individuals familiar with economic development strategies to assist
the commission in developing a state economic development strategy. The
commission shall, by administrative rule, adopt and periodically update
the strategy. The strategy must focus on:
(a) Creating, expanding and retaining Oregon businesses;
(b) Assisting in the development and growth of competitive
industrial sectors;
(c) Creating jobs by attracting new businesses to Oregon;
(d) Providing economic development tools and resources to Oregon
communities;
(e) Assisting local communities and regions in developing and
maintaining economic development plans that are coordinated with the
state economic development strategy;
(f) Providing an adequate supply of industrial, commercial and
retail sites available for immediate development inside urban growth
boundaries;
(g) Providing public infrastructure in a timely manner;
(h) Resolving constraints on and removing barriers to the timely
development of industrial and traded sector sites; and
(i) Developing recommendations for prioritizing state loans, grants
and technical assistance to local governments that meet the objectives of
the state economic development strategy.
(2) The commission shall present the state economic development
strategy to the Governor and the Seventy-second Legislative Assembly not
later than June 30, 2004, including a report on actions taken to
implement the strategy. [2003 c.800 §25]In furtherance of the state economic
development strategy developed under ORS 284.570, the Department of
Transportation shall:
(1) Develop a process to prioritize funding for transportation
projects that further the state economic development strategy.
(2) Develop and maintain state transportation policies and a
comprehensive long-range plan for a safe, multimodal transportation
system that encourages economic efficiency and orderly economic
development and that maximizes the use of existing transportation
infrastructure.
(3) Take actions that are necessary to ensure that department
policies and activities are implemented in a manner that supports the
state economic development strategy.
(4) Expedite the processing of permits issued by the department for
transportation projects that further the state economic development
strategy. [2003 c.800 §27]In furtherance of the state economic
development strategy developed under ORS 284.570, the Land Conservation
and Development Commission shall:
(1) Provide local governments with basic and advanced methods for
identifying, analyzing and providing for industrial, commercial and
retail development sites.
(2) Develop and provide guidebooks and other appropriate materials
to assist local governments in identifying and analyzing potential
industrial, commercial and retail development sites.
(3) Provide local governments with technical assistance to assist
in completing the identification and analysis and in amending
comprehensive plans and land use regulations based on the identification
and analysis.
(4) Provide grants to local governments in a manner that furthers
the implementation of the state economic development strategy.
(5) Adopt, amend or repeal administrative rules and procedures as
necessary to ensure that the following actions can be accomplished in a
timely manner:
(a) Expansion of urban growth boundaries where necessary to
accommodate industrial or traded sector development;
(b) Review of amendments to comprehensive plans and land use
regulations and periodic review of comprehensive plans and land use
regulations; and
(c) Focus the resources of the Department of Land Conservation and
Development on issues related to land supply within urban growth
boundaries and transportation and public facilities necessary to
stimulate economic growth. [2003 c.800 §26]Local governments, as defined in ORS
174.116, shall participate in the implementation of the state economic
development strategy developed under ORS 284.570 by demonstrating a
willingness to:
(1) Coordinate local economic development plans with the state
economic development strategy; and
(2) Expedite amendments to comprehensive plans and land use
regulations. [2003 c.800 §29]In furtherance of the state economic development strategy
developed under ORS 284.570, the Department of State Lands shall:
(1) Consistent with ORS 196.674, focus wetlands inventories on
areas described in the state economic development strategy. The
department may provide grants and technical assistance to local
governments to conduct the inventories.
(2) Develop a site assessment methodology for rapidly determining
the capacity of a site for economic development. The methodology shall
address site-specific impediments to development and any costs associated
with compliance with ORS 196.800 to 196.900. [2003 c.800 §28]OREGON INNOVATION COUNCILAs used in ORS 284.701 to 284.740:
(1) “Oregon emerging business” means an emerging growth business as
defined in ORS 348.701 that has:
(a) Fewer than 100 employees; and
(b) At least 51 percent of its employees employed in Oregon.
(2) “Research institution” means:
(a) A community college as defined in ORS 341.005;
(b) A state institution of higher education listed in ORS 352.002;
(c) The Oregon Health and Science University public corporation
created under ORS 353.020;
(d) An Oregon-based, generally accredited, not-for-profit private
institution of higher education;
(e) A federal research laboratory conducting research in Oregon; or
(f) A private not-for-profit research institution located in Oregon.
(3) “Traded sector” has the meaning given that term in ORS
285A.010. [2005 c.748 §1](1) There is created the Oregon Innovation Council consisting
of the following voting members:
(a) The Governor or the Governor’s designated representative, who
shall be chairperson of the council.
(b) Five members appointed by the Governor who are engaged in the
operations of Oregon traded sector industries.
(c) One member appointed by the Governor who is a representative of
an Oregon-based, generally accredited, not-for-profit private institution
of higher education.
(d) A member of the Oregon Growth Account Board, appointed by the
board, who has experience in the field of venture capital.
(e) A member of the Engineering and Technology Industry Council,
appointed by the Engineering and Technology Industry Council.
(f) The Director of the Economic and Community Development
Department.
(g) The Chancellor of the Oregon University System.
(h) The Commissioner for Community College Services.
(i) The State Treasurer.
(2)(a) The Speaker of the House of Representatives shall appoint
two members to the council who are members of the House of
Representatives.
(b) The President of the Senate shall appoint two members to the
council who are members of the Senate.
(c) Members of the Legislative Assembly appointed to the council
are nonvoting members and may act in an advisory capacity only.
(3) The following persons, or their representatives, shall serve as
ex officio, nonvoting members of the council:
(a) The chairperson of the Oregon Economic and Community
Development Commission.
(b) The chairperson of the International Trade Commission.
(c) The president of the State Board of Higher Education.
(d) The chairperson of the State Board of Education.
(e) An executive officer of an association representing
Oregon-based, generally accredited, not-for-profit private institutions
of higher education, appointed by the Governor.
(4) The term of office of each appointed voting member of the
council is three years, but an appointed member serves at the pleasure of
the appointing authority. Before the expiration of the term of an
appointed voting member, the appointing authority shall appoint a
successor whose term begins on July 1 next following. An appointed member
is eligible for reappointment. If there is a vacancy for any cause, the
appointing authority shall make an appointment to become immediately
effective for the remainder of the unexpired term.
(5) A majority of the voting members of the council constitutes a
quorum for the transaction of business.
(6) Official action by the council requires the approval of a
majority of the voting members of the council.
(7) The council shall meet at least twice per fiscal year at a
place, day and time determined by the chairperson. The council may also
meet at other times and places specified by a call of the chairperson or
by written request of a majority of the voting members of the council.
(8) The council may adopt rules necessary for the operation of the
council.
(9) The council may establish committees and delegate to the
committees duties as the council considers desirable.
(10) The Economic and Community Development Department shall
provide staff support to the council.
(11) Members of the council who are not members of the Legislative
Assembly are entitled to compensation and expenses incurred by them in
the performance of their official duties in the manner and amounts
provided for in ORS 292.495. Claims for compensation and expenses of
members of the council who are public officers shall be paid out of funds
appropriated to the public agency that employs the member. Claims for
compensation and expenses of members of the council who are not public
officers shall be paid out of funds appropriated to the Economic and
Community Development Department for that purpose.
(12) All agencies of state government, as defined in ORS 174.111,
are directed to assist the council in the performance of its duties and,
to the extent permitted by laws relating to confidentiality, to furnish
such information and advice as the members of the council consider
necessary to perform their duties. [2005 c.748 §2]Note: Section 3, chapter 748, Oregon Laws 2005, provides:
Sec. 3. Notwithstanding the term of office specified in section 2
of this 2005 Act [284.706], of the members first appointed to the Oregon
Innovation Council by the Governor:
(1) Two shall serve for terms ending June 30, 2007.
(2) Two shall serve for terms ending June 30, 2008.
(3) Two shall serve for terms ending June 30, 2009. [2005 c.748 §3] (1) The Oregon Innovation Council shall provide
advice to the Governor, the Legislative Assembly, public and private
post-secondary educational institutions, public agencies that provide
economic development and the private sector on issues related to:
(a) Promoting agreements between public and private post-secondary
educational institutions and private industry that increase technology
transfer and the commercialization of research;
(b) Promoting investment in specialized research facilities and
signature research centers where Oregon has a distinct or emerging
advantage for creating new products and businesses;
(c) Stimulating seed and start-up capital investment and
entrepreneurial capacity that will promote economic growth in Oregon
traded sector industries;
(d) Developing the entrepreneurial and management capacity critical
to the competitiveness of Oregon traded sector industries and rapidly
growing global markets;
(e) Enhancing the international competitiveness of Oregon traded
sector industries; and
(f) Identifying workforce issues for occupations critical to the
competitiveness of Oregon traded sector industries, including but not
limited to scientific, engineering, information technology and business
management occupations.
(2) The Oregon Innovation Council shall advise the Engineering and
Technology Industry Council established in ORS 351.663 on how to
coordinate the Engineering and Technology Industry Council’s goals and
policies with the state plan developed under ORS 284.715.
(3) The council, the Oregon Economic and Community Development
Commission, the State Board of Higher Education and the office of the
State Treasurer shall coordinate policies and programs related to the
duties of the council.
(4) Based on the state plan developed under ORS 284.715, the
council may distribute moneys in the Oregon Innovation Fund by grant or
pursuant to contracts with public and private post-secondary
institutions, state agencies and private sector entities. [2005 c.748 §4] (1)
The Oregon Innovation Council shall develop a state plan for innovation
and economic competitiveness. The plan shall include policy and program
recommendations to:
(a) Identify and expand the state’s industry and core research
strengths related to Oregon traded sector industries;
(b) Promote agreements between public and private post-secondary
educational institutions and private industry that increase technology
transfer and the commercialization of research;
(c) Promote investment in specialized research facilities and
signature research centers where Oregon has a distinct or emerging
advantage for creating new products and businesses; and
(d) Stimulate seed and start-up capital investment and
entrepreneurial capacity that will promote economic growth in Oregon
traded sector industries.
(2) The state plan shall also include an identification of
workforce issues and trends related to the development of workers in
trade sector industries and recommendations to the State Workforce
Investment Board and the State Board of Education on training and
education enhancements based on the identified workforce issues and
trends.
(3) The council shall update the plan every biennium.
(4) Each year, the council shall report to the Governor and the
Legislative Assembly about the plan. [2005 c.748 §5]Note: Section 6, chapter 748, Oregon Laws 2005, provides:
Sec. 6. The Oregon Innovation Council shall complete the initial
state plan required by section 5 of this 2005 Act [284.715] prior to June
30, 2006. [2005 c.748 §6] There is created within the State
Treasury, separate and distinct from the General Fund, the Oregon
Innovation Fund. Interest earned by the Oregon Innovation Fund shall be
credited to the fund. Moneys in the fund are continuously appropriated to
the Oregon Innovation Council for the purpose of making grants and
entering into contracts to carry out the recommendations included in the
state plan developed under ORS 284.715. [2005 c.748 §7] (1) There is created
within the State Treasury, separate and distinct from the General Fund,
the Oregon Commercialized Research Fund. Interest earned by the Oregon
Commercialized Research Fund shall be credited to the fund. Moneys in the
fund are continuously appropriated to the Oregon Innovation Council for
the purpose of making grants and loans under ORS 284.735.
(2) Any moneys received from the Education Stability Fund for
deposit in the Oregon Commercialized Research Fund pursuant to ORS
348.696 shall be placed in a separate account within the Oregon
Commercialized Research Fund and may be used by the council only for
public education. [2005 c.748 §8](1) There is created the Oregon Commercialized Research Fund
Advisory Council consisting of nine members appointed by the Oregon
Innovation Council. The members shall represent private equity investment
firms, Oregon traded sector industries and research institutions.
(2) The advisory council shall:
(a) Advise the Oregon Innovation Council about investment criteria
for the Oregon Commercialized Research Fund;
(b) Recommend projects to the Oregon Innovation Council that may be
eligible for grants or loans from the fund;
(c) Review the performance of projects that are funded by grants or
loans from the fund; and
(d) Review the performance of the fund.
(3) A majority of the members of the advisory council constitutes a
quorum for the transaction of business.
(4) Official action by the advisory council requires the approval
of a majority of the members of the advisory council.
(5) The advisory council shall elect one of its members to serve as
chairperson.
(6) If there is a vacancy for any cause, the Oregon Innovation
Council shall make an appointment to become immediately effective.
(7) The advisory council shall meet at times and places specified
by the call of the chairperson or of a majority of the members of the
advisory council.
(8) The Oregon Innovation Council shall provide staff support to
the advisory council.
(9) Members of the advisory council are not entitled to
compensation, but may be reimbursed for actual and necessary travel and
other expenses incurred by them in the performance of their official
duties in the manner and amounts provided for in ORS 292.495. Claims for
expenses shall be paid out of funds appropriated to the Oregon Innovation
Council for that purpose.
(10) All agencies of state government, as defined in ORS 174.111,
are directed to assist the advisory council in the performance of its
duties and, to the extent permitted by laws relating to confidentiality,
to furnish such information and advice as the members of the advisory
council consider necessary to perform their duties. [2005 c.748 §10] (1) The
Oregon Innovation Council may make grants and loans from the Oregon
Commercialized Research Fund to Oregon emerging businesses.
(2) To qualify for a grant or loan under this section, an Oregon
emerging business must enter into an agreement with one or more research
institutions to carry out proof of concept activities to:
(a) Establish the commercial potential of research; and
(b) Develop a business concept that can attract early stage private
investment, including angel capital and venture capital.
(3) Proof of concept activities for which an Oregon emerging
business may receive a grant or loan under this section include:
(a) The development of intellectual property;
(b) The payment of salaries and related expenses for commercialized
research;
(c) The acquisition of equipment and supplies required for the
proof of concept activities; and
(d) Other activities as defined by rule of the council.
(4) To receive a grant or loan, the Oregon emerging business or a
research institution that has entered into an agreement with the business
must agree to provide a cash match equivalent to:
(a) 30 percent of the amount of the grant or loan for businesses
with fewer than 20 employees.
(b) 50 percent of the amount of the grant or loan for businesses
with 20 or more but fewer than 50 employees.
(c) 75 percent of the amount of the grant or loan for businesses
with 50 or more but fewer than 100 employees.
(5)(a) The council shall award grant or loan moneys to an Oregon
emerging business in a two-phase contract. Each phase of the contract
shall have clearly defined performance measures included in the contract
between the business and the council.
(b) Under phase I of the contract, a business may be granted or
loaned an initial investment not to exceed $75,000. Phase I shall also
include an agreement that upon successful completion of the performance
measures for phase I, the business shall be eligible for funding under
phase II. The amount of grant or loan moneys available to a business
under both phases may not exceed $200,000.
(6) The council shall require any Oregon emerging business that
receives a grant or loan under this section and that moves more than 50
percent of the employees of the business out of the state within two
years after receiving grant or loan moneys to repay the total amount of
the grant or loan moneys.
(7) The council shall require an Oregon emerging business that
receives a loan under this section to repay the loan within five years
after receiving the loan. The council shall deposit any loan moneys
received under this subsection in the Oregon Commercialized Research Fund.
(8) The council may award up to 15 percent of the amount of moneys
available in the fund for grants or loans:
(a) To the Oregon University System for education of faculty on
issues related to developing effective technology transfer and
commercialized research processes; and
(b) For other activities as defined by rule of the council.
(9) The council may adopt rules to administer this section. The
council shall follow the advice of the Oregon Commercialized Research
Fund Advisory Council when adopting rules to administer this section.
[2005 c.748 §9] (1) The Oregon
Innovation Council shall establish a signature research center to
maximize collaborative ventures among research institutions, the federal
government and private industry that will capitalize on opportunities to
obtain private and federal funding for the research and development of
nanoscience and microscience products, technology and multiscale
materials.
(2) The council may contract with a private, not-for-profit
corporation for the administration of the center. [2005 c.748 §11]
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