Oregon Statute | Act | Code |Title 26a Economic Development| US Code - US Statute

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](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)(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] (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] (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] 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] (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)(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](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] 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] (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]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](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](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]
(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] (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)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.(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](International Trade Commission) 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.(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. 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. 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.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. 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) (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).

(4)(a) The President of the Senate and the Speaker of the House of
Representatives serve on a sister state committee so long as each
continues to hold the office of President or Speaker.

(b) A member of the Legislative Assembly appointed under subsection
(2)(c) or (d) of this section serves at the pleasure of the appointing
authority and may continue to serve as long as the member remains in the
chamber of the Legislative Assembly from which the member was appointed.
Before the expiration of the legislative term of office of a member
appointed under subsection (2)(c) or (d) of this section, the appointing
authority shall appoint a successor whose term on the committee begins
when the former member’s legislative term of office ends. If there is a
vacancy for a member appointed under subsection (2)(c) or (d) of this
section for any other cause, the appointing authority shall make an
appointment to become effective immediately.

(c) The term of office of committee members appointed under
subsection (2)(e) to (j) of this section is two years. A member appointed
under subsection (2)(e) to (j) of this section is eligible for
reappointment. If there is a vacancy for a member appointed under
subsection (2)(e) to (j) of this section before the expiration of the
term, the appointing authority shall make an appointment to become
effective immediately for the unexpired term.

(5) Members of the Legislative Assembly who are members of a sister
state committee are entitled to a per diem as provided in ORS 171.072
except when members are out of the United States.

(6) The cochairpersons of a sister state committee shall preside
alternately at sister state committee meetings.

(7) A majority of the members of a sister state committee
constitutes a quorum for the transaction of business.

(8) The Legislative Administration Committee shall provide
administrative staff support for one meeting of the sister state
committee held before the visit described in ORS 285A.145 (2) and for one
meeting held after the visit.

(9) For the purposes of this section and ORS 285A.145, “sister
state” means an international state or province. [2001 c.284 §1; 2003
c.14 §142]Note: 285A.143 and 285A.145 were enacted into law by the
Legislative Assembly but were not added to or made a part of ORS chapter
285A or any series therein by legislative action. See Preface to Oregon
Revised Statutes for further explanation. If a sister state committee
is appointed under ORS 285A.143:

(1) The sister state committee may:

(a) Organize activities for and host visiting delegations from the
sister state;

(b) Organize activities for and participate in delegations visiting
the sister state and the nation in which the sister state is located;

(c) Provide for the exchange of information between the State of
Oregon and the sister state;

(d) Work with representatives of the sister state on joint
projects; and

(e) Take all actions necessary to facilitate and promote relations
between the State of Oregon and the sister state.

(2) The sister state committee shall visit the sister state at
least biennially for the purpose of fulfilling the objectives described
in subsection (1) of this section. [2001 c.284 §2]Note: See note under 285A.143.(Oregon Progress Board) The
Legislative Assembly finds that:

(1) The Oregon of the future can provide unparalleled economic
opportunities while maintaining Oregon’s traditional values if this state
pursues its future with clarity of purpose and perseverance.

(2) Oregon is in the midst of massive economic, social and
environmental transitions created by technological changes, global
competition and changing population demographics. In order to expand
economic opportunities while maintaining Oregon’s unique quality of life
in the face of change, Oregonians must have a vision for their preferred
future that spans economic, social and environmental concerns.

(3) An independent Oregon Progress Board is needed to:

(a) Encourage the discussion and understanding among all Oregonians
of critical global and national economic, social and environmental trends
that will affect Oregon in the coming decades;

(b) Formulate and submit to Oregonians a strategy that describes
and explains a vision for Oregon’s economic, social and environmental
progress for 20 years into the future; and

(c) Submit to the Legislative Assembly, for its adoption, goals for
Oregon’s progress, including measurable indicators of the achievement of
those goals. [1997 c.495 §1; 2001 c.582 §1; 2005 c.837 §17]Note: 285A.150 to 285A.168 and 285A.174 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. (1)
There is established an Oregon Progress Board consisting of the following
members:

(a) The Governor;

(b) Nine members appointed by the Governor;

(c) One Senator appointed by the President of the Senate; and

(d) One Representative appointed by the Speaker of the House of
Representatives.

(2)(a) The term of office of each member appointed by the Governor
is four years. Before the expiration of the term of a member, the
Governor shall appoint a successor whose term begins on January 31 next
following. A member is eligible for reappointment.

(b) Each legislative member serves at the pleasure of the
appointing authority and may serve as long as the member remains in the
chamber of the Legislative Assembly from which the member was appointed.

(3)(a) A member of the Oregon Progress Board appointed by the
Governor shall be entitled to compensation and expenses as provided in
ORS 292.495.

(b) Members of the Legislative Assembly appointed to the Oregon
Progress Board shall be entitled to an allowance as authorized in ORS
171.072 from funds appropriated to the Legislative Assembly.

(4) Of the members appointed by the Governor to the board, five
shall be selected who are residents of different congressional districts
in this state.

(5) Members appointed by the Governor to the Oregon Progress Board
shall be appointed so as to be representative of the ethnic, cultural,
social and economic diversity of the people of this state.

(6) Members appointed by the legislative appointing authority shall
serve as the official liaisons to their respective chambers for the
purposes described in ORS 285A.168 and 285A.174. [1997 c.495 §2; 2001
c.582 §2; 2005 c.837 §20]Note: See note under 285A.150.(1) In addition to the members listed in ORS
285A.153, the Oregon Progress Board shall have as members:

(a) The Director of the Oregon Department of Administrative
Services, who shall serve as a member ex officio; and

(b) A student selected by the Governor.

(2) The student member of the board shall serve for as long as the
member remains a student or at the pleasure of the Governor.

(3) The director and the student member may not vote on matters
before the board and may not bind the board with respect to decisions
relating to matters described in ORS 285A.162, 285A.165 and 285A.168. The
director and the student member shall advise the board concerning the
goals, missions and functions of the board.

(4) ORS 285A.153 does not apply to the members of the board serving
under this section. However, the director and the student member may
receive actual and necessary expenses actually incurred in the
performance of their duties as board members as provided in ORS 292.495
(2). [1997 c.495 §4]Note: See note under 285A.150. (1) The Governor shall
serve as chair of the Oregon Progress Board and may appoint an executive
officer for the board for a term and with such duties and powers as the
board determines to be necessary or appropriate.

(2) A majority of the voting members of the board constitutes a
quorum for the transaction of business.

(3) The board shall meet as the board determines necessary at times
and places specified by call of the chair or a majority of the members of
the board.

(4) The Oregon Department of Administrative Services shall provide
clerical, technical and management personnel to the board to serve as the
board’s staff. [1997 c.495 §5; 2001 c.582 §3]Note: See note under 285A.150.(1) The
Oregon Progress Board shall develop a strategy for Oregon that addresses
the economic, social, cultural, environmental and other needs and
aspirations of the people of Oregon.

(2) The strategy developed by the Oregon Progress Board shall
address issues that the board determines are necessary and appropriate to
Oregon’s future. Such issues shall include:

(a) Education and workforce.

(b) Public and private cooperation.

(c) Environmental quality.

(d) Infrastructure.

(e) Funding and taxation.

(f) Social well-being.

(g) Such other issues as the board, by majority vote, shall add to
the strategy.

(3) When developing the strategy, the Oregon Progress Board shall
hold public hearings, public meetings and workshops as needed to ensure
the participation of a broad cross section of Oregon’s population. The
board shall publicize the public hearings, public meetings and workshops
in each city in which they are held and shall allow interested residents
and other individuals to appear and be heard by the board.

(4) After considering any written comments and public testimony
relating to the proposed strategy, the board shall revise the strategy as
it considers necessary or appropriate. The board, by a vote of a majority
of its members, shall approve and adopt a final strategy. The board shall
submit, in addition to its adopted strategy, a summary and digest of
comments and public testimony and its response, if any, to those
comments. The adopted strategy shall be submitted to the Seventy-third
Legislative Assembly not later than March 15, 2005, and every eight years
thereafter. [1997 c.495 §6; 2001 c.582 §4]Note: See note under 285A.150.As a part of the strategy adopted under ORS 285A.162,
the Oregon Progress Board shall also recommend statutory or other policy
changes, including modifications in public fiscal policies and other
implementing actions to be carried out by state and local governments,
businesses, private citizens and other organizations. Board staff shall
assist local communities, wherever possible, in developing plans and
measures of success to achieve the goals established under ORS 285A.162.
[1997 c.495 §7; 2001 c.582 §5]Note: See note under 285A.150.
(1) The Oregon Progress Board shall, in its adopted strategy, include a
series of goals for Oregon’s progress for 20 years into the future.

(2) Goals shall include such measurable indicators of success
(Oregon benchmarks), as the board shall determine, that show the extent
to which each goal is being achieved.

(3) Goals shall be reviewed by the Legislative Assembly, which may,
by joint resolution, adopt, modify, delete or add to the goals. Any goals
adopted by the Legislative Assembly shall become the goals used by the
board in its subsequent activities.

(4) After the legislative review and adoption of goals, the board
may recommend such modifications to the goals as it considers
appropriate. [1997 c.495 §8; 2001 c.582 §6]Note: See note under 285A.150.The Oregon Progress Board shall evaluate the goals specified in
ORS 184.423 and other potential measures, including benchmarks, for
effectiveness in measuring progress toward sustainability. The board may
consult with the Oregon Department of Administrative Services and other
agencies as appropriate to complete the evaluation. The Oregon Progress
Board shall include the findings of the evaluation conducted under this
section in its report specified by ORS 285A.174. [2001 c.918 §11]Note: 285A.170 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. The Oregon Progress Board shall
prepare, at least once each biennium, a report that describes Oregon’s
progress toward achievement of the board’s strategy, based on the Oregon
benchmarks the board adopts for measuring the attainment of strategic
goals. The board shall review the Oregon benchmarks each biennium and
make any modification necessary to improve the accuracy or
comprehensiveness of the measures. The report shall include an analysis
of issues and trends of strategic significance and shall propose key
steps that Oregon should take over the following two years to build for
Oregon’s future. The board shall submit the report to the Legislative
Assembly for review. [1997 c.495 §9; 2001 c.582 §8]Note: See note under 285A.150.(Brownfields Redevelopment and Cleanup) (1) As used in this
section, “brownfield” means real property where expansion or
redevelopment is complicated by actual or perceived environmental
contamination.

(2) The Economic and Community Development Department shall assist
private persons and local governments to redevelop brownfields.

(3) The Economic and Community Development Department shall:

(a) Act as the primary point of contact for information regarding
public and private funding options available to a person interested in
redeveloping a brownfield;

(b) Facilitate the funding process involving landowners or
prospective purchasers, lending institutions, other state agencies, local
jurisdictions, consultants and interested citizens;

(c) Serve as a key advocate for the redevelopment of brownfields in
Oregon;

(d) Provide information to private persons and local governments on
brownfield redevelopment funding;

(e) Enhance the availability of funding resources through program
development, grant proposals and other appropriate opportunities; and

(f) Adopt rules necessary to carry out this section. [1997 c.738
§2; 2001 c.96 §1; 2005 c.81 §1](1) As used in this
section:

(a) “Environmental action” means activities undertaken to:

(A) Determine if a release has occurred, if the release poses a
significant threat to human health or the environment or if additional
remedial actions may be required at the site;

(B) Conduct a feasibility study;

(C) Plan for remedial action or removal; or

(D) Conduct a remedial action or removal at a site.

(b) “Facility,” “hazardous substance,” “release,” “remedial action”
and “removal” have the meanings given those terms in ORS 465.200.

(c) “Substantial public benefit” includes, but is not limited to:

(A) The generation of funding or other resources facilitating
substantial remedial action at a facility in accordance with this section;

(B) A commitment to perform substantial remedial action at a
facility in accordance with this section;

(C) Productive reuse of a vacant or abandoned industrial or
commercial facility; or

(D) Development of a facility by a municipality or a nonprofit
organization to address an important public purpose.

(2) There is created within the State Treasury a revolving fund
known as the Brownfields Redevelopment Fund, separate and distinct from
the General Fund. Interest earned by the fund shall be credited to the
fund. Moneys in the Brownfields Redevelopment Fund shall be used to fund
loans and grants for environmental actions on properties that are
brownfields, as defined in ORS 285A.185.

(3)(a) Subject to paragraph (b) of this subsection, when making a
loan or grant for an environmental action, the Economic and Community
Development Department shall give priority to persons who, at the time of
applying for the loan or grant, are not liable under ORS 465.255 for a
release of a hazardous substance at the property at which the
environmental action is to be conducted. No more than 40 percent of the
total amount of the Brownfields Redevelopment Fund in any biennium shall
be awarded to persons who are liable with respect to the subject property
under ORS 465.255. A person is not eligible to receive a loan or grant
from moneys in the Brownfields Redevelopment Fund if the person has
knowingly violated applicable laws or regulations or has knowingly
violated or failed to comply with an order of the Department of
Environmental Quality, if such action or inaction has resulted in one or
more of the following:

(A) Contribution to or exacerbation of existing contamination at
the facility;

(B) Release of a hazardous substance at the facility; or

(C) Interference with necessary investigation or remedial actions
at the facility.

(b) Notwithstanding paragraph (a) of this subsection:

(A) When making a grant to a municipality, the department shall
give priority to municipalities that provide matching funds from a loan
under this section, from another source or from both.

(B) When making a grant to an entity that is not a municipality,
the department shall require that:

(i) The recipient is not liable for the subject property under ORS
465.255;

(ii) The environmental action provides a substantial public
benefit; and

(iii) The recipient provides matching funds from a loan under this
section, from another source or from both.

(c) The department may establish by rule circumstances in which the
department may waive or subsidize the interest on a short-term loan.

(4) When making a loan or grant for an environmental action, the
Economic and Community Development Department shall consider:

(a) The extent to which actual or perceived contamination prevents
the property from being fully utilized;

(b) The need for providing public assistance, after considering the
difficulty of obtaining financing from other sources or of obtaining
financing at reasonable rates and terms;

(c) The degree to which redevelopment of the property provides
opportunity for achieving protection of human health or the environment
by reducing or eliminating the contamination of the property and for
contributing to the economic health and diversity of the area;

(d) The probability of the success of the intended use or the
degree to which redevelopment of the property provides a public purpose
following remediation of the property;

(e) Compliance with the land use plan of the local government with
jurisdiction over the property; and

(f) Endorsement from the local government with jurisdiction over
the property.

(5) Before making a loan or grant decision pursuant to this
section, the Economic and Community Development Department shall consult
with the Department of Environmental Quality.

(6) The Economic and Community Development Department may use a
portion of the Brownfields Redevelopment Fund to:

(a) Pay for administrative costs of environmental actions; and

(b) Satisfy contracts entered into as required to ensure that
environmental reviews are conducted in a manner consistent with existing
environmental cleanup laws and rules.

(7) The Economic and Community Development Department shall adopt
rules necessary to carry out the requirements of this section. The
Economic and Community Development Department shall develop procedures to
ensure that activities for which loans or grants are made are consistent
with existing environmental cleanup laws and rules. [1997 c.738 §3; 2001
c.96 §2; 2005 c.81 §2](1) There is established in the Economic and Community
Development Department the Oregon Coalition Brownfields Cleanup Program.

(2) The department may make grants, loans and expenditures from the
Oregon Coalition Brownfields Cleanup Fund to provide financial or other
assistance to public and private owners of eligible brownfield properties
for the purpose of cleaning up the properties.

(3) An eligible owner of a brownfield property may borrow moneys
from the fund by entering into a loan agreement with the department in
accordance with rules adopted by the department.

(4) The owner of a publicly owned brownfield property may enter
into a loan agreement with the department notwithstanding any
restrictions on indebtedness in the charter or bylaws of the public body
or any other provision of law.

(5) The department may adopt rules necessary to carry out the
provisions of this section and ORS 285A.192. The rules shall include, but
are not limited to, requirements for eligibility for financial assistance
or other assistance from the program, good and sufficient collateral
required to secure loans from the fund and the complete or partial waiver
of interest on short-term loans made from the fund.

(6) As used in this section:

(a) “Brownfield” has the meaning given that term in ORS 285A.185.

(b) “Other assistance” includes, but is not limited to, direct
purchase of goods or services related to brownfields cleanup by the
department.

(c) “Public body” has the meaning given that term in ORS 174.109.
[2005 c.81 §3]Note: 285A.190 and 285A.192 were enacted into law by the
Legislative Assembly but were not added to or made a part of ORS chapter
285A or any series therein by legislative action. See Preface to Oregon
Revised Statutes for further explanation.(1) There is established in the State Treasury, separate and
distinct from the General Fund, a revolving fund known as the Oregon
Coalition Brownfields Cleanup Fund. Interest earned by the Oregon
Coalition Brownfields Cleanup Fund shall be credited to the fund. All
moneys in the Oregon Coalition Brownfields Cleanup Fund are continuously
appropriated to the Economic and Community Development Department for the
purposes of ORS 285A.190.

(2) The Oregon Coalition Brownfields Cleanup Fund shall consist of
all moneys credited to the fund, including but not limited to:

(a) Moneys received from the federal government, other state
agencies or local governments;

(b) Moneys appropriated or transferred to the fund by the
Legislative Assembly or the Oregon Economic and Community Development
Commission; and

(c) Repayment of financial assistance, including interest earnings,
provided by moneys from the fund. [2005 c.81 §4]Note: See note under 285A.190.(Financial Affairs) (1) The Economic and
Community Development Department may accept gifts of money or other
property from any public or private agency or person made for the purpose
of assisting the department to carry out any programs or laws that the
department is charged with administering. Moneys so received shall be
paid into an appropriate fund or account. Property so received shall be
used for the purposes for which that property is given.

(2) The department may apply for, receive from the United States or
any of its agencies, and disburse or supervise the disbursement of
federal aid for the purposes for which the aid is provided. The
department may also disburse or supervise the disbursement of funds
provided by the State of Oregon for expenditure as a condition of
receiving the federal aid.

(3) The department may assess and charge fees for loans made from
any of its funds or accounts. [Formerly 285.086; 2001 c.883 §4]For purposes of the Merchant
Marine Act (46 U.S.C. 861 et seq.), the Economic and Community
Development Department shall be the state agency to apply to the
Secretary of Commerce for financial assistance to assist ports in
achieving compliance with federal law or regulations relating to
environmental protection, public health and safety, or port or cargo
security. [Formerly 285.090] (1)
In each calendar year, the Economic and Community Development Department
shall prepare, in accordance with generally accepted governmental
accounting principles, a financial statement relating to each of the
following funds:

(a) The Special Public Works Fund created by ORS 285B.455;

(b) The Title I Bank Fund established by ORS 285A.306;

(c) The Oregon Business Development Fund created by ORS 285B.092;

(d) The Oregon Port Revolving Fund created by ORS 285A.708; and

(e) Any other fund or account that is used by the department or
Oregon Economic and Community Development Commission to make loans or
loan guarantees or to provide other financial assistance to private
business firms organized for profit.

(2) The financial statements required by this section shall record
and summarize all the financial transactions during the reporting period
that involved moneys credited to a fund or account and shall describe the
financial condition of the fund or an account at the end of the reporting
period. The reporting period for financial statements required by this
section shall be the fiscal year commencing on July 1 and ending on June
30.

(3) The financial statements required by this section shall be in a
form prescribed by the Secretary of State.

(4) Each financial statement required by this section shall
describe the financial transactions and condition of a single fund and
shall be submitted to the Governor, the President of the Senate and the
Speaker of the House of Representatives not later than December 31 in
each year. [Formerly 285.095; 1999 c.509 §10; 2003 c.167 §10]There is established in the General Fund of the State Treasury the
Economic Development Department Special Events Revolving Fund. Moneys in
the revolving fund are continuously appropriated for the purpose of
accumulating moneys to pay for special events and cooperative efforts
with private corporations and individuals. [Formerly 285.100](1) There is established in the State Treasury,
separate and distinct from the General Fund, the Safe Drinking Water
Revolving Loan Fund. All moneys in the Safe Drinking Water Revolving Loan
Fund are continuously appropriated to the Economic and Community
Development Department.

(2) The Economic and Community Development Department shall
administer the Safe Drinking Water Revolving Loan Fund in accordance with
a memorandum of understanding between the department and the Department
of Human Services.

(3) The Safe Drinking Water Revolving Loan Fund shall consist of:

(a) Moneys transferred to the fund by the Department of Human
Services for purposes authorized by the memorandum of understanding
between the Department of Human Services and the Economic and Community
Development Department.

(b) Moneys transferred to the fund by the federal government, other
state agencies or local governments.

(c) Moneys transferred to the fund by the Legislative Assembly or
the Oregon Economic and Community Development Commission.

(d) Proceeds from the sale of revenue bonds.

(e) Repayment of financial assistance provided with moneys from the
fund.

(f) Interest and other earnings on moneys in the fund.

(4) Moneys in the Safe Drinking Water Revolving Loan Fund shall be
used to provide financial or other assistance to publicly owned and
privately owned water systems under the Safe Drinking Water Act
Amendments of 1996, P.L. 104-182, and rules of the Economic and Community
Development Department. As used in this subsection, “assistance” includes
direct purchase by the Economic and Community Development Department of
goods or services related to a water system project to the extent
permitted by the memorandum of understanding between the Economic and
Community Development Department and the Department of Human Services,
the Safe Drinking Water Act Amendments of 1996, and as authorized by
rules of the Economic and Community Development Department.

(5) The owner of a water system may borrow from the Safe Drinking
Water Revolving Loan Fund by entering into a loan agreement with the
Economic and Community Development Department. The owner of a municipally
owned water system may enter into a loan agreement with the department
notwithstanding any restriction on indebtedness in the charter or bylaws
of the municipality or any other provision of law. Moneys owed to the
department by the borrower under a loan agreement may be paid from:

(a) Revenue from any water system project of the borrower,
including special assessment revenue;

(b) Amounts withheld under subsection (6) of this section;

(c) The general fund of the borrower;

(d) Any combination of sources listed in paragraphs (a) to (c) of
this subsection; or

(e) Any other source.

(6) If a borrower fails to comply with a loan agreement entered
into under subsection (5) of this section, the Economic and Community
Development Department may seek appropriate legal remedies to secure any
repayment due the Safe Drinking Water Revolving Loan Fund. If a borrower
defaults on repayment due the fund, the State of Oregon may withhold any
amounts otherwise due to the borrower. Any amounts withheld under this
subsection shall be credited toward repayment of the borrower’s
indebtedness to the fund. [1999 c.236 §1; 2001 c.883 §4a; 2003 c.773 §2]
(1) The Legislative Assembly finds that Oregon traded sector industries
are experiencing a period of major change and disruption, and that this
change is creating severe and unpredictable economic consequences for
many communities and workers. It is the purpose of the Economic
Stabilization and Conversion Fund to assist communities and workers
affected by economic dislocation or the possibility of economic
dislocations to evaluate and implement alternative business or community
opportunities.

(2) The Economic Stabilization and Conversion Fund is created
separate and distinct from the General Fund. The fund shall be
administered by the Economic and Community Development Department. The
fund may be credited with contributions of moneys from public and private
sources and with repayments as provided in this section. Interest earned
by the fund shall be credited to the fund.

(3)(a) The Economic and Community Development Department may
allocate moneys in the fund for the following purposes:

(A) Business retention service;

(B) Employee ownership;

(C) Community response to plant closures or community distress, or
both; and

(D) Feasibility studies.

(b) The department shall establish the maximum percentage of the
fund that may be allocated for the purposes described in paragraph (a) of
this subsection and a minimum match requirement, if any.

(4) The Economic and Community Development Department may grant,
expend or loan moneys in the fund for financial assistance, feasibility
studies, technical assistance and management consulting services for
troubled firms that may close without assistance, for troubled firms that
are experiencing major layoffs or firms that have actually closed or
announced closure, and for communities that are experiencing distress due
to the business closures and for the purpose of encouraging employee
ownership, under such terms and conditions as the department may
determine.

(5) The Economic and Community Development Department shall provide
that firms receiving assistance repay to the Economic Stabilization and
Conversion Fund any assistance provided under subsection (4) of this
section. Such provisions for repayment shall consider the financial
ability of the firm to repay assistance.

(6) In providing assistance from the Economic Stabilization and
Conversion Fund, the department shall give preference to Oregon’s
distressed areas and its traditional agriculture, forestry and fishing
industries, and firms competing in markets for which national or
international competition exists.

(7) The Economic and Community Development Department shall
establish specific criteria for expenditure of funds from the Economic
Stabilization and Conversion Fund by adopting rules. [Formerly 285.120;
1999 c.509 §11; 2003 c.773 §4](1) There is created within the State Treasury, separate and
distinct from the General Fund, the Oregon Community Development Fund.
The fund is created to provide a flexible funding source for financing
those programs and projects that are determined by the Oregon Economic
and Community Development Commission under the policies, criteria and
standards set forth in ORS 285A.020, 285A.045 and 285A.055 to further
economic and community development. The Economic and Community
Development Department may finance programs and projects determined by
the commission to further economic and community development by making
grants or loans using moneys in the fund. Notwithstanding ORS 279A.140,
the department may enter into contracts for personal services as
necessary or appropriate to implement programs and projects determined by
the commission to further economic and community development using moneys
in the fund. The Oregon Community Development Fund shall consist of all
moneys credited to the fund, including moneys from the Administrative
Services Economic Development Fund, federal funds collected or received,
and fees, moneys or other revenues, including Miscellaneous Receipts,
collected or received by the Economic and Community Development
Department, and all interest earnings that accrue to the fund. The moneys
in the Oregon Community Development Fund are continuously appropriated to
the Economic and Community Development Department to promote economic and
community development.

(2) The Oregon Economic and Community Development Commission, by
rule, shall adopt standards, objectives and criteria for use of the
moneys in the Oregon Community Development Fund. [1997 c.620 §1; 2001
c.883 §5; 2003 c.794 §236]Note: 285A.227 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 285A or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.PACIFIC NORTHWEST ECONOMIC REGION COMPACT The Legislative Assembly finds that:

(1) There is a new emerging global economy in which countries and
regions located in specific areas of the world are forging new
cooperative arrangements.

(2) These new cooperative arrangements are increasing the
competitiveness of the participating countries and regions, thus
increasing the economic benefits and the overall quality of life for the
citizens of the individual countries and regions.

(3) The Pacific Northwest states of Alaska, Idaho, Montana, Oregon
and Washington and the Canadian provinces of Alberta and British Columbia
are in a strategic position to act together, as a region, thus increasing
the overall competitiveness of the individual states and provinces that
will provide substantial economic benefits for all of their citizens.
[Formerly 285.693] The Pacific Northwest Economic Region is
established by law and entered into by the State of Oregon as a party,
and is in full force and effect in accordance with the terms of ORS
285A.240 and this section.

___________________________________________________________________________
___THE PACIFIC NORTHWEST ECONOMIC REGION

ARTICLE I

POLICY AND PURPOSE

States and provinces participating in the Pacific Northwest
Economic Region shall seek to develop and establish policies that:
Promote greater regional collaboration among the seven entities; enhance
the overall competitiveness of the region in international and domestic
markets; increase the economic well-being of all citizens in the region;
and improve the quality of life of the citizens of the Pacific Northwest.

States and provinces recognize that there are many public policy
areas in which cooperation and joint efforts would be mutually
beneficial. These areas include, but are not limited to: International
trade; economic development; human resources; the environment and natural
resources; energy; and education. Parties to this agreement shall work
diligently to establish collaborative activity in these and other
appropriate policy areas where such cooperation is deemed worthwhile and
of benefit to the participating entities. Participating states and
provinces also agree that there are areas in which cooperation may not be
feasible.

The substantive actions of the Pacific Northwest Economic Region
may take the form of uniform legislation enacted by two or more states
and/or provinces or policy initiatives endorsed as appropriate by
participating entities. It shall not be necessary for all states and
provinces to participate in each initiative.

ARTICLE II

ELIGIBLE PARTIES AND EFFECTIVE DATE

Each of the following states and provinces is eligible to become a
party to this agreement: Alaska, Alberta, British Columbia, Idaho,
Montana, Oregon and Washington. This agreement establishing the Pacific
Northwest Economic Region shall become effective when it is executed by
one state, one province and one additional state and/or province in a
form deemed appropriate by each entity. This agreement shall continue in
force and remain binding upon each state and province until renounced by
it. Renunciation of this agreement must be preceded by sending one year’s
notice in writing of intention to withdraw from the agreement to the
other parties to the agreement.

ARTICLE III

ORGANIZATIONAL STRUCTURE

Each state and province participating in this agreement shall
appoint representatives to the Pacific Northwest Economic Region. The
organizational structure of the Pacific Northwest Economic Region shall
consist of the following: A delegate council consisting of four
legislators and the governor or the governor’s designee from each
participating state and four representatives and the premier or the
premier’s designee from each participating province and an executive
committee consisting of one legislator from each participating state
and/or province who is a member of the delegate council and four of the
seven governors and premiers or their designees who are members of the
delegate council. The legislator members of the executive committee from
each state or province shall be chosen by the legislator members of that
state or province. The four governor or premier members of the executive
committee shall be chosen by the governors and premiers from among the
governors and premiers on the delegate council. At least one of the four
members representing the governors and premiers on the executive
committee must be the premier of a Canadian province. Policy committees
may be established to carry out further duties and responsibilities of
the Pacific Northwest Economic Region.

ARTICLE IV

DUTIES AND RESPONSIBILITIES

The delegate council shall have the following duties and
responsibilities: Facilitate the involvement of other government
officials in the development and implementation of specific collaborative
initiatives; work with policy-making committees in the development and
implementation of specific initiatives; approve general organizational
policies developed by the executive committee; provide final approval of
the annual budget and staffing structure for the Pacific Northwest
Economic Region developed by the executive committee; and other duties
and responsibilities as may be established in the rules and regulations
of the Pacific Northwest Economic Region. The executive committee shall
perform the following duties and responsibilities: Elect the president
and vice-president of the Pacific Northwest Economic Region; approve and
implement general organizational policies; develop the annual budget;
devise the annual action plan; act as liaison with other public and
private sector entities; review the availability of and, if appropriate,
apply for, (1) tax-exempt status under the laws and regulations of the
United States or any state or subdivision thereof and (2) similar status
under the laws and regulations of Canada or any province or subdivision
thereof, and approve such rules, regulations, organizational policies and
staffing structure for the Pacific Northwest Economic Region and take
such further actions on behalf of the Pacific Northwest Economic Region
as may be deemed by the executive committee to be necessary or
appropriate to qualify for and maintain such tax-exempt or similar status
under the applicable laws or regulations; and other duties and
responsibilities established in the rules and regulations of the Pacific
Northwest Economic Region. The rules and regulations of the Pacific
Northwest Economic Region shall establish the procedure for voting.

ARTICLE V

MEMBERSHIP OF POLICY COMMITTEES

Policy committees dealing with specific subject matter may be
established by the executive committee.

Each participating state and province shall appoint legislators and
governors and premiers to sit on these committees in accordance with its
own rules and regulations concerning such appointments.

ARTICLE VI

GENERAL PROVISIONS

This agreement shall not be construed to limit the powers of any
state or province or to repeal or prevent the enactment of any
legislation.

___________________________________________________________________________
___[Formerly 285.695]OREGON TOURISM COMMISSION As used in ORS
285A.255 to 285A.288, unless the context requires otherwise:

(1) “Commission” means the Oregon Tourism Commission.

(2) “Executive director” means the executive director of the Oregon
Tourism Commission. [Formerly 285.130; 2003 c.818 §13] The Legislative Assembly finds and
declares that:

(1) Travel and recreation industries are important to the State of
Oregon as a whole, and the health of these industries affects the
well-being of all Oregonians.

(2) Tourist facilities and attractions serve the recreational and
cultural needs of both visitors and residents.

(3) It is in the public interest to encourage the orderly growth
and development of nonpolluting, labor-intensive industries such as
tourism within the state.

(4) The travel and recreation industries have become increasingly
important to the economic growth of the state and will become more
important in the future because of increased leisure time and declining
employment opportunities in other traditional Oregon industries.

(5) State involvement in tourism, recreational and cultural
activities needs to be better coordinated to respond effectively to state
interests and, where appropriate, to meet the needs of local governments
and the private sector.

(6) There is a need to encourage communication, partnership and
cooperation between the public and private sectors of the industry to
promote orderly growth and implementation of statewide objectives.

(7) It is desirable that there be an agency in state government to
act in matters pertaining to public relations.

(8) It is in the public interest to promote quality, integrity and
reliability in all tourism and tourism related services and in
information offered to visitors to the State of Oregon.

(9) Oregonians want to preserve the historical and cultural
foundations of the state as a living part of community life and
development and to insure future generations and visitors the opportunity
to appreciate and enjoy the rich heritage of Oregon.

(10) Planning and promotion of tourism and recreation should be
compatible with other state interests in energy development and
conservation, environmental protection, transportation and the judicious
use of natural resources.

(11) It is in the best interest of the nation and the tourism and
recreation industries to proceed in an orderly fashion toward the
development of a promotional program for advancing and enhancing tourism
in the state. [Formerly 285.133](1) There is
established an Oregon Tourism Commission consisting of nine members
appointed by the Governor. Members of the commission are appointed to
perform the duties of the commission as provided by law. Members are
subject to confirmation by the Senate pursuant to section 4, Article III
of the Oregon Constitution.

(2) In appointing members of the commission under subsection (1) of
this section, the Governor shall:

(a) Appoint members representing the state’s various regions and
areas of tourism activity.

(b) Appoint three members drawn from travel agencies, tour
operators, private transportation, restaurants or businesses or
organizations engaged in tourism promotion for cities or counties,
cultural attractions, historic attractions, ski facilities or related
recreational industries. At least 30 days prior to the expiration of the
term of a member appointed under this paragraph, the Tourism Industry
Council of Oregon may recommend to the Governor one or more tourism
industry representatives for the Governor’s consideration in filling the
vacancy.

(c) Appoint at least one member to represent the public at large.

(d) Appoint five members drawn from the lodging industry. For
purposes of this paragraph, the lodging industry consists of hotels,
motels, resorts, bed and breakfast facilities, inns, recreational vehicle
parks, campgrounds and guest ranches. At least 30 days prior to the
expiration of the term of a member appointed under this paragraph, a
statewide organization representing the lodging industry may recommend to
the Governor one or more lodging industry representatives for the
Governor’s consideration in filling the vacancy.

(3) A member of the commission 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 after the end of the term until a successor is
appointed and qualified. Before the expiration of the term of a member,
the Governor shall strive to appoint a successor. A member is eligible
for one reappointment except that a member appointed to fill a vacancy
for a partial term may be reappointed to fill a total of two full terms
in addition to the partial term. If there is a vacancy for any cause, the
Governor shall make an appointment to become effective immediately for
the unexpired term.

(4) A member of the commission is entitled to compensation and
expenses as provided in ORS 292.495.

(5) The commission shall select one of its members to chair the
commission and shall select another member to serve as vice chair, for
such terms and with duties and powers necessary to perform the functions
of the offices as the commission determines.

(6) A majority of the members of the commission constitutes a
quorum for the transaction of business.

(7) The Governor may remove a member of the commission for cause as
provided in ORS 182.010 or 236.010. [Formerly 285.135; 2003 c.818 §14]Note: Section 15, chapter 818, Oregon Laws 2003, provides:

Sec. 15. Notwithstanding ORS 285A.261, the members of the Oregon
Tourism Commission serving on the commission on the effective date of
this 2003 Act [November 26, 2003] may continue to serve on the commission
in accordance with their appointments. The Governor shall designate which
members of the commission, of those who were appointed to the commission
by the Governor, are intended to meet the requirements of ORS 285A.261
(2)(b). [2003 c.818 §15] The Oregon
Tourism Commission shall perform the following duties:

(1) Serve as a body to advise governmental bodies and agencies and
private persons on the development and implementation of state policies
and programs relating to tourism and recreation and to assist in the
coordination of these activities.

(2) Advise the Governor and direct the executive director of the
commission on all matters pertaining to tourism.

(3) Prepare, approve and periodically revise and submit to the
Governor, the Director of the Economic and Community Development
Department and tourism industry associations a recommended comprehensive
marketing plan for review by the Governor, the Director of the Economic
and Community Development Department and the tourism industry
associations. The comprehensive marketing plan shall be directed toward
the accomplishment of at least the following purposes:

(a) Maximizing the return on public and private investment in
tourism.

(b) Encouraging longer stays by visitors to Oregon.

(c) Reducing seasonal fluctuations in travel and tourist related
industries.

(d) Encouraging visitors to be destination oriented in this state
by targeting high-yield visitor segments that may include cultural
tourism, agri-tourism, nature-based tourism or sports and adventure
tourism.

(e) Encouraging visitors from foreign countries to come to Oregon.

(f) Encouraging Oregonians to vacation in Oregon.

(4) Develop a biennial budget for all operations of the commission
and submit the budget to the Governor.

(5) Seek and receive the views of all levels of government and the
private sector with respect to state programs and policies for the
promotion and assistance of tourism.

(6) Prepare and adopt administrative rules necessary for the
operation of the programs of the commission.

(7) Cooperate with educational institutions of the state in the
development of educational programs preparing persons for supporting and
leadership positions critical to the development of an economically
strong and socially beneficial tourism industry in Oregon.

(8) Cooperate with and provide expertise for communities and
tourism marketing associations in the development and promotion of their
tourism attractions and businesses.

(9) Implement the comprehensive marketing plan described in
subsection (3) of this section and promote tourism in the State of
Oregon. [Formerly 285.137; 2001 c.883 §6; 2003 c.818 §19] Upon receipt of a comprehensive
marketing plan prepared or revised by the Oregon Tourism Commission under
ORS 285A.264, the Governor, the Director of the Economic and Community
Development Department and tourism industry associations may review the
plan. If the Governor, the director or an industry association has any
disagreement with the plan or if the Governor, director or an industry
association desires anything included in the plan that is not in the plan
when submitted, the Governor, director or industry association may submit
recommendations for revision by the commission. [Formerly 285.140; 2003
c.818 §21](1) Except as provided in
subsection (2) of this section, the provisions of ORS 200.035 and 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 Tourism Commission. The commission
is subject to all other statutes governing a state agency that do not
conflict with ORS 285A.255 to 285A.288, including the tort liability
provisions of ORS 30.260 to 30.300 and the provisions of ORS chapter 183.
The employees of the commission are included within the Public Employees
Retirement System.

(2) Notwithstanding subsection (1) of this section, the following
provisions apply to the commission:

(a) ORS 279A.250 to 279A.290;

(b) ORS 292.495; and

(c) ORS 293.235, 293.240, 293.245, 293.250, 293.611, 293.625 and
293.630.

(3) In carrying out the duties, functions and powers of the
commission, the commission may contract with any state agency for the
performance of duties, functions and powers as the commission considers
appropriate. A state agency may not charge the commission an amount that
exceeds the actual cost of those services. ORS 285A.255 to 285A.288 do
not require a state agency to provide services to the commission other
than pursuant to a voluntary interagency agreement or contract.

(4) The commission shall adopt personnel policies and contracting
and purchasing procedures. The Oregon Department of Administrative
Services shall review those policies and procedures for compliance with
applicable state and federal laws and collective bargaining contracts.

(5) Except as otherwise provided by law, members and employees of
the commission are eligible to receive the same benefits as state
employees and are entitled to retain their State of Oregon hire dates,
transfer rights and job bidding rights, all without loss of seniority,
and to the direct transfer of all accumulated state agency leaves. [2003
c.818 §§18,18a] To carry out the duties and
purposes of the Oregon Tourism Commission, and in addition to other
powers granted to the commission under ORS 285A.255 to 285A.288 or other
law, the commission may:

(1) Make contracts and execute all instruments necessary or
convenient for carrying out the duties of the commission;

(2) Acquire, own, hold, transfer, encumber or dispose of property
of any kind, or any interest in that property;

(3) Enter into agreements or other transactions involving tourism
with any federal, state, county or municipal agency or with any person or
other entity;

(4) Appoint officers, consultants, agents or advisors, and
prescribe their duties;

(5) Appear before boards, commissions, departments or other
agencies of municipal or county governments, the state government or the
federal government;

(6) Procure insurance against any losses incurred in connection
with property of the commission in the amounts and from the insurers as
the commission determines is necessary or desirable;

(7) Accept donations, grants, bequests or devises, conditional or
otherwise, of money, property, services or other items of value,
including any interest or earnings thereon, that may be received from the
federal government or any agency of the federal government, any state or
municipal government agency, or any institution or person, public or
private, to be held, used or applied for any purpose of the commission,
in accordance with the terms of the donation, grant, bequest or devise;

(8) Organize, conduct, sponsor, cooperate with or assist the
private sector or other state agencies in the conduct of conferences and
tours related to Oregon tourism;

(9) Provide and pay for advisory services and technical assistance
that may be necessary or desirable to carry out the duties and purposes
of the commission;

(10) Exercise any other powers necessary or desirable for the
operation and functioning of the commission that is consistent with the
purposes of the commission;

(11) Charge for products or services provided and receive revenue
from any source to be used for the purposes of the commission;

(12) Enter into agreements and cooperate with political
subdivisions of this state, state agencies, other states, the federal
government, governments of foreign countries or private individuals,
corporations or other persons in the publication or distribution of
information relating to tourism, recreational activities and tourism
facilities, or other information or materials of interest or service to
the traveling public or relating to developing or promoting tourism in
this state; and

(13) Accept or provide travel, lodging, meals, entertainment,
meetings and other services from or to public or private entities or
persons in order to carry out the duties of the commission. [2003 c.818
§20]
(1) The Oregon Tourism Commission shall adopt budgets on a biennial basis
using classifications of expenditures and revenue required by ORS 291.206
(1). That portion of the budget that is funded by appropriations from the
General Fund or by allocations of lottery funds is subject to review and
approval by the Legislative Assembly and to future modification by the
Emergency Board or the Legislative Assembly. The remainder of the budget
is subject to review and recommendation by the Legislative Assembly.

(2) The commission shall adopt or modify a budget only after a
public hearing on the budget. At least 15 days prior to a public hearing,
the commission shall give notice of the hearing to all persons known to
be interested in the proceedings of the commission and to any person who
has requested a notice.

(3) The commission shall follow generally accepted accounting
principles and keep such financial and statistical information as is
necessary to completely and accurately disclose the financial condition
and financial operations of the commission as may be required by the
Secretary of State.

(4) The commission shall prepare an annual financial statement of
commission revenues and expenses and shall make the statement available
for public review. [2003 c.818 §22](1) All moneys collected, received by or
appropriated to the Oregon Tourism Commission must be deposited into an
account established by the commission in a depository bank insured by the
Federal Deposit Insurance Corporation. In a manner consistent with the
requirements of ORS chapter 295, the chair of the commission shall ensure
that sufficient collateral secures any amount of funds on deposit that
exceeds the limits of the Federal Deposit Insurance Corporation’s
coverage.

(2) Subject to the approval of the chair, the commission may invest
moneys collected or received by the commission. Investments made by the
commission must be limited to investments described in ORS 294.035 (3)(a)
to (i).

(3) Interest earned on any moneys invested under subsection (2) of
this section must be made available to the commission in a manner
consistent with the biennial budget of the commission.

(4) The commission shall spend state transient lodging tax moneys
appropriated to the commission under ORS 320.335 as follows:

(a) At least 80 percent must be used to fund state tourism
marketing programs.

(b) As much as 15 percent must be used to implement a regional
cooperative tourism marketing program that:

(A) Requires fund allocations to focus on creating new business
from out-of-state and international markets;

(B) Utilizes a regional allocation formula that distributes revenue
to regions, the boundaries of which are established by the commission, in
proportion to the amount of transient lodging tax revenues collected in
each region;

(C) Distributes revenue to recipients that are selected by the
commission as organizations able to conduct tourism-related marketing for
each region;

(D) Requires advertising, publications, CD-ROMs, websites, videos
and other tourism promotion materials funded through the regional
cooperative tourism marketing program to carry the Oregon Tourism
Commission logo and marketing tag line; and

(E) Encourages funding recipients to incorporate design elements
from commission advertising and promotional campaigns, such as fonts,
images and other design elements.

(5) All moneys in the account that are not state transient lodging
tax revenues are continuously appropriated to the commission for the
purposes of carrying out the functions of the commission.

(6) All expenditures from the account are exempt from any state
expenditure limitation. [2003 c.818 §23; 2005 c.443 §20]ORS 285A.255 to 285A.288 do
not affect the duty and authority of the Secretary of State to audit
public accounts. The Secretary of State shall enter into agreements with
the Oregon Tourism Commission to set an appropriate audit schedule for
the commission. In lieu of conducting an audit, the Secretary of State
may elect to accept the report of an independent certified public
accountant. [2003 c.818 §28] (1) The Oregon
Tourism Commission shall administer a biennial matching grants program
when the Legislative Assembly appropriates moneys therefor. The purpose
of the matching grants program is to help develop and improve the
economies of communities throughout Oregon by means of the improvement,
expansion and promotion of the visitor industry.

(2) The commission shall establish the maximum grant amount in the
applicant guidelines prepared for the matching grants program in each
biennium. No more than 50 percent of the total cost of a project may be
paid for with moneys from the program. An applicant must show a minimum
one-to-one match from private or public sources other than Economic and
Community Development Department or commission programs. The applicant
must also show a cash match of at least 50 percent of the amount
requested under the matching grants program. [Formerly 285.148; 2003
c.818 §25] (1) The Oregon Tourism
Commission shall appoint an executive director. The appointment shall be
subject to the approval of the Governor. The executive director shall
serve at the pleasure of the members of the commission.

(2) The commission shall set the compensation of the executive
director.

(3) The executive director shall direct all administrative
functions of the commission. The executive director may appoint all
subordinate officers and employees of the commission and may prescribe
their duties and set their compensation.

(4) Except as provided in subsection (5) of this section, the
commission may delegate to the executive director any duty, function or
power conferred or imposed on the commission and the executive director
may delegate to any subordinate officer or employee of the commission any
duty, function or power conferred, imposed on or delegated to the
executive director.

(5) The commission may not delegate to the executive director the
power to:

(a) Approve the comprehensive marketing plan described in ORS
285A.264;

(b) Approve the biennial budget required under ORS 285A.272; or

(c) Appoint and set the compensation of the executive director
under ORS 285A.282. [Formerly 285.153; 2003 c.818 §26] The Oregon
Tourism Commission shall establish and maintain official tourist
information centers near the principal entrance points into the state,
and at other locations it considers appropriate, to be used to provide
information to the public about public accommodations, transportation,
commercial services for the traveling public, campgrounds, parks,
recreational areas and points of interest. The commission may contract
for the construction, maintenance and operation of such tourist
information centers. [Formerly 285.163; 2003 c.818 §27] As used in ORS
285A.300 to 285A.312, “fund” means the Title I Bank Fund. [Formerly
285.680; 1999 c.509 §12] (1) The Legislative Assembly finds that:

(a) Local government is experiencing increasing difficulty in
obtaining necessary financing for eligible community development
projects, such as public works projects, causing project delays and
significant increased costs to property owners and municipalities.

(b) The improvement, expansion and new construction of eligible
community development projects contributes to orderly economic growth by
providing the framework necessary to attract industry to this state and
to promote increased employment opportunities and other community
improvements which are for the benefit of the people of Oregon.

(c) It is important, therefore, that state agencies authorized to
distribute state or federal funds for such improvements be able to
provide programs and allocate moneys that will provide the greatest
impetus to community development opportunities in Oregon.

(2) Since municipalities in this state often suffer from a lack of
available financing for eligible community development projects, it is
the purpose of ORS 285A.300 to 285A.312 to provide financial assistance
to municipalities in order that they may develop and construct community
development projects and may construct, improve and repair facilities
necessary for orderly community development. [Formerly 285.683] (1) There
is established in the State Treasury, separate and distinct from the
General Fund, the Title I Bank Fund. All moneys in the fund are
continuously appropriated to provide financing for community development
projects.

(2) Moneys in the Title I Bank Fund, with the approval of the State
Treasurer, may be invested as provided by ORS 293.701 to 293.820, and the
earnings from such investments and other program income shall be credited
to the Title I Bank Fund.

(3) The Title I Bank Fund shall consist of:

(a) Moneys appropriated to the fund by the Legislative Assembly.

(b) Repayment of loans made by cities and counties with grants from
the Oregon Community Development Block Grant Program, including interest
earnings.

(4) The Economic and Community Development Department shall be the
agency for the State of Oregon for the administration of the fund.

(5) The department shall adopt rules and policies for the
administration of the fund.

(6) The department may charge program administrative costs to the
fund to pay for administrative expenses incurred to the department for
processing applications and investigating community development projects.
[Formerly 285.685; 1999 c.509 §13] All payments, receipts and interest from
outstanding indebtedness shall be retained and accumulated in the Title I
Bank Fund and used for the purposes specified in ORS 285A.303. [Formerly
285.687; 1999 c.509 §14] All federal overlay
statutes associated with moneys received from the federal Housing and
Urban Development Community Development Block Grant Program for Small
Cities shall continue to apply to the use of those moneys in the Title I
Bank Fund received from sources described in ORS 285A.306 (3)(b).
[Formerly 285.690; 1999 c.509 §15; 2005 c.22 §203]FOREIGN TRADE ZONES (1) Any port
organized under the laws of this state, any municipal corporation in this
state or any dock commission of any city of this state may apply to the
United States for permission and may establish, operate and maintain
foreign trade zones within or without their boundaries.

(2) A private for-profit corporation may also establish, operate
and maintain a foreign trade zone in this state when the corporation is:

(a) Incorporated and organized under the laws of this state for the
purpose of establishing, operating and maintaining a foreign trade zone;
and

(b) Authorized to establish, operate and maintain a foreign trade
zone under a special Act of the Legislative Assembly that specifically
names and grants such authority to the corporation. [Formerly 307.850]Note: 285A.325 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 285A or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.Klamath International Trade & Transportation Services (KITTS), an
Oregon corporation, is authorized by ORS 285A.325 and 285A.328 to
establish, operate and maintain a foreign trade zone in this state. [1997
c.499 §2]Note: 285A.328 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 285A or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.ASSISTANCE TO SMALL BUSINESSES (1) The
Legislative Assembly finds that:

(a) Small businesses have been the major contributors to the
increase in traded sector jobs in Oregon.

(b) Small businesses continue to be a major source of employment
opportunities for Oregon and that this state ought to encourage the
success and growth of small businesses as a means of providing economic
opportunities and jobs for Oregonians.

(c) Oregon’s women and minority-owned businesses are
underrepresented in the business community.

(d) Those small businesses which have at least one employee and
which compete in markets for which national or international competition
exists have the greatest potential for benefiting the economy of this
state.

(e) Access to appropriate business assistance services, rather than
the cost of obtaining such services, is a factor limiting the expansion
of many small businesses in this state.

(f) Community-based lending programs are particularly well suited
to meeting the needs of small businesses that are unable to obtain from
private financial institutions the capital that is necessary for
expansion.

(g) An effective partnership between state and local economic
development programs is essential to promoting the development of small
businesses in this state.

(2) The Legislative Assembly therefore declares that it is the
policy of this state and the purpose of ORS 285A.340 to 285A.349,
285B.074, 285B.159 and 285B.162:

(a) To assist the development of small businesses, with special
emphasis on increasing the percentage of businesses owned by women and
members of minority groups;

(b) To encourage competition among publicly supported small
business service providers in order to supply the most effective, highest
quality services to the greatest number of businesses;

(c) To foster cooperation among state agencies, state-supported
organizations and private sector entities that provide services to small
businesses in order to best meet the needs of small business clients;

(d) To encourage and support the formation of private sector
organizations, including trade associations, organizations formed to meet
the needs of traded sector industries and similar groups, to serve the
needs of the small businesses in this state and, to the maximum extent
feasible, to coordinate the small business programs of this state and of
such private sector organizations; and

(e) To provide support for organizations that encourage and assist
the development and expansion of small businesses in Oregon. [Formerly
285.121; 1999 c.509 §16; 2003 c.773 §5]Note: 285A.340 to 285A.349 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 285A by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1)(a) The Economic and Community Development Department
may purchase business assistance services from public or private
organizations for delivery to small businesses in this state or may
provide grants to public or private organizations to support, aid,
stimulate or otherwise affect the delivery of business assistance
services to small businesses in this state.

(b) For the purposes of ORS 285A.340 to 285A.349, “business
assistance services” includes:

(A) Basic business training, including elements of accounting,
personnel management, marketing and tax compliance.

(B) Counseling on business needs and problems.

(C) Assistance in securing state and federal procurement contracts.

(D) Assistance in securing Oregon suppliers for goods and services.

(2) An organization or association that receives state moneys for
the purpose of providing business assistance services to small businesses
shall comply, to the greatest extent feasible, with the state policies
established under ORS 285A.340 to 285A.349.

(3) To the extent that federal laws or regulations impose
requirements that limit the payment of fees by recipients of business
assistance services to small businesses, the Economic and Community
Development Department and the providers of those services shall apply
for waivers of such federal requirements. [Formerly 285.125; 1999 c.509
§25; 2003 c.773 §6]Note: See note under 285A.340. The Economic
and Community Development Department shall evaluate the efficiency and
effectiveness of the delivery of business assistance services to small
businesses under ORS 285A.340 to 285A.349. [Formerly 285.127; 2003 c.773
§7]Note: See note under 285A.340.RURAL REVITALIZATION AND LEADERSHIP DEVELOPMENT PROGRAM (1) The
Legislative Assembly finds that:

(a) The rural communities of Oregon need assistance in assessing
their economic opportunities, planning for long-term economic development
and participating effectively in state economic development programs;

(b) Strong community leaders are essential to the ability of a
rural community to identify economic opportunities and problems, build a
consensus on community development issues and coordinate the development
and implementation of plans to address those issues;

(c) Rural areas of Oregon, more than the urban areas of this state,
suffer from significantly higher levels of unemployment, lower average
wages and high levels of worker displacement due to advances in
technology and natural resource supply shortages;

(d) These distressed rural communities in particular need strong,
visionary leadership to guide them through the economic changes of the
next decade, which may be a period of growing global competition, severe
natural resource shortages and declining employment in rural areas;

(e) Rural areas have limited resources with which to acquire the
technical assistance and leadership necessary to adequately respond to
economic change; and

(f) Federal and state investment in community and leadership
development in rural areas is insufficient.

(2) The Legislative Assembly therefore declares that it is the
policy of the State of Oregon to promote economic stability and
development in rural areas of this state.

(3) The Legislative Assembly further declares that the rural
revitalization and leadership development program established by ORS
285A.483 to 285A.495 is intended to promote such state policy by
providing rural communities with technical assistance for the assessment
of their economic opportunities and the development of strategic plans
for immediate and long-term economic development and by improving the
leadership skills of individuals likely to become leaders in rural
communities. [Formerly 285.672; 1999 c.509 §17] (1) Rural
communities participating in the rural revitalization program established
by ORS 285A.483 to 285A.495 shall be provided with technical assistance
to:

(a) Assess their economic strengths, weaknesses, opportunities and
threats;

(b) Develop short term and long term strategic plans based on the
assessment;

(c) Assist the communities in developing organizational structures
and other activities needed to implement and sustain their strategic
plans; and

(d) Resolve problems that may arise in communities as they work to
implement their strategic development plans.

(2) The program of leadership training carried on under ORS
285A.483 to 285A.495 shall develop the skills of individuals enrolled in
the program by:

(a) Exposing program participants to a broad range of regional,
national and international issues affecting rural areas.

(b) Teaching participants about effective management techniques,
group problem solving methods and consensus building processes.

(c) Providing participants with training to improve their technical
and analytical skills.

(d) Educating participants about the functions of local, state and
national governments and the state legislative process.

(e) Teaching participants about the elements of effective
leadership.

(f) Providing participants with opportunities to apply leadership
skills to community development work.

(3) The Economic and Community Development Department shall ensure
that the community development and leadership training efforts carried
out under the rural revitalization program are coordinated with existing
state and local community development and leadership training programs in
a manner that contributes to the quality and effectiveness of the
programs established by ORS 285A.483 to 285A.495, maximizes the use of
available resources and expands development and training opportunities
for communities and rural residents. The department shall coordinate
programs under ORS 285A.483 to 285A.495 with other programs including,
but not limited to, federal programs, the regional investment program
established under ORS 285B.230 to 285B.269, the special public works
program established under ORS 285B.410 to 285B.482, state workforce and
job training programs, programs offered by the Oregon State University
Extension Service and leadership training programs offered by local
chambers of commerce. [Formerly 285.674; 1999 c.509 §58; 2005 c.835 §28] The Economic and Community
Development Department, in cooperation with private businesses, state
universities and other interested parties, may contract with
organizations to carry out the purposes of ORS 285A.483 to 285A.495.
[Formerly 285.676; 1999 c.509 §18]ORS 285A.483 to 285A.489 shall be known as
and may be referred to as the Rural Revitalization and Leadership
Development Act. [Formerly 285.678]ECONOMIC DISLOCATIONS As used in ORS
285A.510 to 285A.522:

(1) “Community” means an area or locality in which the inhabitants
have common economic or employment interests and which is undergoing an
economic emergency. The term is not limited to a city, county or other
political subdivision and need not, but may, be limited by political
lines and boundaries. A large populous area under one or more governing
bodies may be composed of several communities.

(2) “Employer,” “mass layoff” and “plant closing” have the meanings
given those terms on October 3, 1989, in the Worker Adjustment and
Retraining Notification Act (P.L. 100-379). [Formerly 285.450] The Legislative Assembly declares that it is the
policy of the State of Oregon to assist employers, workers and
communities in this state in coping with the effects of plant closings,
mass layoffs and other economic dislocations. [Formerly 285.453] The
Department of Community Colleges and Workforce Development is the state
agency that shall be notified when an employer is required to provide
written notice of a plant closing or mass layoff under section 3 of the
Worker Adjustment and Retraining Notification Act (P.L. 100-379).
[Formerly 285.457; 2001 c.684 §18](1) The Department of Community
Colleges and Workforce Development shall notify employers subject to the
Worker Adjustment and Retraining Notification Act (P.L. 100-379) that the
Department of Community Colleges and Workforce Development is the state
agency that must be notified when they are required to provide notice of
a plant closing or mass layoff under the Worker Adjustment and Retraining
Notification Act (P.L. 100-379).

(2) When notifying employers as provided in subsection (1) of this
section, the department shall provide employers with a statement of the
programs, projects, expenditures and other forms of assistance the
department and other state agencies can provide to communities, employers
and workers affected by a plant closing or mass layoff. [Formerly
285.460; 2001 c.684 §19] (1)
The Department of Community Colleges and Workforce Development shall
prepare an annual report concerning plant closings and mass layoffs in
this state. The report shall describe in detail each plant closing or
mass layoff during the period covered by the report and the assistance
and services provided to the affected employers, workers and communities.
The report shall also contain the most recent information available
relating to the current status of the employer, workers and community
affected by each plant closing or mass layoff.

(2) The report prepared under this section shall be presented to
the Governor, the President of the Senate, the Speaker of the House of
Representatives and the joint Legislative Committee on Trade and Economic
Development. [Formerly 285.463]PORTS(Generally) (1) The Legislative Assembly finds that:

(a) The ports of this state are directly and actively involved in
creating and carrying out at the local level the economic development
objectives and programs of the State of Oregon.

(b) Ports in this state provide effective local assistance to state
economic and transportation development efforts.

(c) Ports in Oregon develop and market facilities and services to
support important existing industries in this state, such as agriculture,
aviation, maritime commerce, international trade, tourism, recreation,
fishing, wood products and transportation.

(d) Port facilities, including roads, railroads, airports, harbors
and navigation channels, are an integral element of the transportation
infrastructure of this state.

(e) The ports in this state have few technical or institutional
resources to deal with multiple state and federal programs.

(f) Ports in this state need coordinating and planning assistance
from the State of Oregon in order to be competitive in national and
international markets and to continue to contribute to economic
development efforts in this state.

(2) The Legislative Assembly declares that it is the policy of this
state to include Oregon’s ports in planning and implementing economic
development and transportation programs. To that end, the Oregon Economic
and Community Development Commission and the Economic and Community
Development Department may work to:

(a) Coordinate with the Department of Transportation and other
state agencies, commissions and advisory committees engaged in activities
affecting ports to facilitate port planning and development;

(b) Promote local cooperation in statewide planning and development
of the ports;

(c) Promote long-term economic self-sufficiency of the ports;

(d) Encourage cost-effective investments with prudent financial
consideration of port development projects; and

(e) Facilitate ports in their efforts to expand and respond to
greater domestic and international market opportunities.

(3) The Legislative Assembly also declares that:

(a) The State of Oregon recognizes, supports and promotes a federal
role in the continuation of the maintenance and development of federally
authorized waterway projects.

(b) Because the federal role is changing, the responsibilities of
this state may increase in terms of direct involvement in waterway
transportation.

(c) It is the policy of the State of Oregon to support the
continued maintenance and development of the following waterways as key
elements of the statewide transportation system:

(A) The navigation channels of the Columbia River, Coos Bay and
Yaquina Bay and any other commercial waterway segments that provide a
link for movement of products to and from world and regional markets.

(B) Waterway segments that serve as transportation corridors for
large volumes of bulk and agricultural commodities and that provide
shippers a cost-effective means to transport products.

(C) The coastal channels and harbors that support commercial and
water-dependent activities. [Formerly 285.800] As used in ORS
285A.603 to 285A.633, unless the context requires otherwise:

(1) “Port” means the Port of Portland and any port formed pursuant
to ORS 777.005 to 777.725 and 777.915 to 777.953.

(2) “Ports Division” or “division” means the Ports Division of the
Economic and Community Development Department. [Formerly 285.805; 2003
c.802 §153] The Ports Division is
established as a division within the Economic and Community Development
Department. The division shall have the powers and perform the duties and
functions set forth in ORS 285A.603 to 285A.633 and such other duties as
may be prescribed for the division by the Director of the Economic and
Community Development Department. The actions of the division shall be
subject to the approval of the Director of the Economic and Community
Development Department. [Formerly 285.806] (1)
There is established within the Economic and Community Development
Department the Oregon Ports Representation Group consisting of the
general manager and one commissioner, or their designees, from each
Oregon port.

(2) The group shall meet at least once each year. A majority of the
group constitutes a quorum for the purpose of conducting official
business.

(3) The department shall adopt such procedural rules as may be
necessary for the group to perform its duties. [Formerly 285.808; 2003
c.773 §8] (1) The
Oregon Ports Representation Group shall:

(a) Serve as a body to advise the Economic and Community
Development Department, the Oregon Economic and Community Development
Commission, the Governor and the Legislative Assembly on matters relating
to the development and implementation of state policies and programs
related to ports, and to assist in the coordination of such activities.

(b) Advise the department, the commission, the Governor and the
Legislative Assembly on all matters concerning ports that pertain to the
powers, duties and functions of the department.

(2) The group, through the department, shall be responsible for
evaluating and developing recommendations for a statewide policy agenda
to help guide this state’s efforts to facilitate port development. The
agenda, in the form of analyses, conclusions and recommendations, shall
serve to help direct this state’s investments in ports, as well as to
direct the formation of state and federal policies that affect ports.
Such policies shall include, but not be limited to, policies relating to
dredging by the United States Army Corps of Engineers, developing
multimodal transportation facilities for the movement of goods through
ports, converting facilities to productive economic use, resolving
natural resource and habitat issues that affect ports and promoting local
economic development efforts in port districts.

(3) The department shall provide the group with staff and other
assistance as necessary for the group to perform its duties. [Formerly
285.809; 2003 c.773 §9](1) The Ports
Division of the Economic and Community Development Department shall
provide managerial assistance and technical referral services to ports.

(2) The division shall:

(a) Disseminate such research and technical information as is
available to the department; and

(b) Provide managerial assistance to ports and the safety
committees created under ORS 468B.415 requesting such assistance.

(3) The division shall work cooperatively with existing
organizations and agencies that provide research and technical services,
including, but not limited to:

(a) The Department of State Lands;

(b) The State Marine Board; and

(c) The Sea Grant College and marine extension services at Oregon
State University. [Formerly 285.810] The
Oregon Ports Representation Group shall submit a report to the Oregon
Economic and Community Development Commission for inclusion in its
biennial report to the Legislative Assembly. The report required by this
section shall include the findings of the group relating to the
effectiveness of current state efforts to promote port development and
maritime commerce. The report shall also contain an analysis of
conditions that impede increased port development and maritime commerce
in Oregon or that hinder the competitiveness of the ports in Oregon. The
report shall include recommendations for the removal of such conditions.
[Formerly 285.811; 2003 c.773 §10] Subject to the approval of the
Director of the Economic and Community Development Department and any
applicable provisions of the State Personnel Relations Law, the chief
administrative officer of the Ports Division may appoint such subordinate
officers and employees as are necessary for the accomplishment of the
duties, functions and powers assigned to the Ports Division and prescribe
their duties and fix their compensation. [Formerly 285.814](1) The Oregon Economic and Community Development
Commission, through the Ports Division, shall be the statewide
coordinating, planning and research agency for all ports and port
authorities in this state to ensure the most orderly, efficient and
economical development of the state port system.

(2) Notwithstanding any other provision of law, after July 1, 1969,
no port or port authority may be formed without the prior approval of the
commission.

(3) The commission, through the division, shall be the statewide
coordinating, planning and research agency for port activities involving
international trade and international trade development and industrial,
commercial and recreational development. [Formerly 285.815](Regions) The following port regions are established:

(1) Coastal Region. Tillamook, Lincoln, Lane, Douglas, Coos and
Curry Counties.

(2) Lower Columbia Region. Clatsop, Columbia, Clackamas, Washington
and Multnomah Counties.

(3) Mid-Columbia Region. Hood River, Wasco, Sherman, Gilliam,
Morrow and Umatilla Counties.

(4) Interior Region. Those counties not included within the Coastal
Region, the Lower Columbia Region or the Mid-Columbia Region. [Formerly
285.817] (1) At
least four times each year, and at such other times and places as the
Oregon Economic and Community Development Commission may direct,
representatives of each port and port authority within a region
established by ORS 285A.630 shall meet to discuss and solve problems of
common interest within the region. Except for meetings directed by the
commission, regional meetings shall be held at such times and places as
are designated by a majority of the representatives. The representatives
shall choose from among their number a chairperson and other officers for
such terms and with such duties and powers as the representatives
determine necessary for the performance of their duties.

(2) The chairperson of each regional meeting shall cause a summary
of the proceedings to be delivered to the Economic and Community
Development Department. [Formerly 285.820](Planning and Marketing)(1) There is created within the State Treasury, separate and
distinct from the General Fund, the Port Planning and Marketing Fund. All
moneys in the Port Planning and Marketing Fund are appropriated
continuously to the Ports Division and shall be used by the division for:

(a) Administrative expenses of the division in processing grant
applications and investigating proposed planning or marketing projects
related to ports.

(b) Payment of grants under ORS 285A.654 to 285A.660 to ports
formed under ORS 777.010 and 777.050.

(c) Direct purchase by the division of goods or services to assist
ports in implementing planning or marketing projects approved for grant
financing under ORS 285A.654 to 285A.660.

(2) The Port Planning and Marketing Fund shall consist of:

(a) Moneys appropriated to the fund by the Legislative Assembly.

(b) Moneys obtained from gifts or grants received under ORS
285A.200.

(c) Moneys obtained from interest earned on the investment of such
moneys.

(3) Moneys in the Port Planning and Marketing Fund, with the
approval of the State Treasurer, may be invested as provided by ORS
293.701 to 293.820, and the earnings from such investments shall be
credited to the Port Planning and Marketing Fund. [Formerly 285.850; 2001
c.883 §7a; 2003 c.802 §154](1) The Ports Division may make grants, as funds are available,
to any port formed under ORS chapter 777 or 778 for:

(a) A planning project conducted under ORS 285A.627 or any other
planning project necessary for improving the port’s capability to carry
out its authorized functions and activities relating to trade and
commerce; or

(b) A marketing project necessary for improving the port’s
capability to carry out its authorized functions and activities relating
to trade and commerce.

(2) Any port may file with the Ports Division an application for a
grant from the Port Planning and Marketing Fund to finance a specific
planning project or marketing project.

(3) An application under this section shall be filed in such a
manner and contain or be accompanied by such information as the Ports
Division may prescribe.

(4) Upon receipt of an application, the Ports Division shall
determine whether the planning project or marketing project is eligible
for funding under ORS 285A.654 to 285A.660. If the Ports Division
determines that the project is not eligible, it shall within 60 days:

(a) Reject the application; or

(b) Require the applicant to submit additional information as may
be necessary.

(5) The Ports Division may approve a grant for a planning project
or a marketing project described in an application filed under this
section if, after investigation, the Ports Division finds that:

(a) The project meets the standards and criteria established by the
Ports Division for grant financing from the Port Planning and Marketing
Fund; and

(b) Moneys in the Port Planning and Marketing Fund are or will be
available for the project.

(6) Grants to ports under ORS 285A.654 to 285A.660 shall not exceed
$25,000 and shall not exceed 75 percent of the total cost of the project.

(7) The Ports Division shall not fund any program that subsidizes
regular port operating expenses.

(8) In lieu of all or part of the grant financing approved under
ORS 285A.654 to 285A.660 for a planning or marketing project, the Ports
Division may purchase goods or services to assist a port in implementing
a project. [Formerly 285.857; 2001 c.883 §7b; 2003 c.802 §155] (1) The Economic and Community
Development Department shall develop marketing grant funding priorities
considering such factors as community need and whether the project will
lead to economic diversification, development of a new or emerging
industry and redevelopment of existing public facilities. The department
shall give priority to regional or cooperative projects, and projects
that leverage other marketing efforts by the state or other local
government units.

(2) The department shall review all proposals to avoid duplication
of marketing efforts among ports, and to maintain consistency with the
applicable county or city comprehensive plans. [Formerly 285.860](Oregon Port Revolving Fund) As used in ORS
285A.666 to 285A.732, unless the context requires otherwise:

(1) “Division” means the Ports Division of the Economic and
Community Development Department.

(2) “Flexible manufacturing space project” means a project for the
acquisition, construction, improvement or rehabilitation, in whole or in
part, of any building suitable for the conduct of manufacturing processes
and, by design, able to be readily modified when necessary to accommodate
the operations of the tenants of the building. The term includes any
preproject planning activities for a flexible manufacturing space project.

(3) “Fund” means the Oregon Port Revolving Fund.

(4) “Port district” means any port formed pursuant to ORS 777.005
to 777.725 and 777.915 to 777.953 or ORS chapter 778.

(5) “Project” means a project authorized under ORS 777.105 to
777.258, including engineering, acquisition, improvement, rehabilitation,
construction, operation, maintenance or preproject planning necessary to
carry out the project. [Formerly 285.870; 2001 c.883 §8; 2003 c.773 §11;
2003 c.802 §156] Any Oregon port district
may file with the Oregon Economic and Community Development Commission an
application to borrow money from the Oregon Port Revolving Fund for a
project as provided in ORS 285A.666 to 285A.732. The application shall be
filed in such a manner and contain or be accompanied by such information
as the commission may prescribe. [Formerly 285.873; 2001 c.883 §9] (1) Upon receipt of
an application filed as provided in ORS 285A.669, the Oregon Economic and
Community Development Commission shall determine whether the plans and
specifications for the proposed project set forth in or accompanying the
application are satisfactory. If the commission determines that the plans
and specifications are not satisfactory, the commission may within 60
days:

(a) Reject the application.

(b) Require the applicant to submit additional information of the
plans and specifications as may be necessary.

(2) The commission shall charge and collect from the applicant, at
the time the application is filed, a fee of not to exceed $100. Moneys
referred to in this subsection shall be paid into the Oregon Port
Revolving Fund. [Formerly 285.875; 2001 c.883 §10] Nothing in
ORS 285A.666 to 285A.732 is intended to prevent an applicant from
employing a private engineering firm and construction firm to perform the
engineering and construction work on a proposed project. [Formerly
285.880; 2001 c.883 §11] The Oregon
Economic and Community Development Commission may approve a project
proposed in an application filed as provided in ORS 285A.669, if, after
investigation, the commission finds that:

(1) The proposed project is feasible and a reasonable risk from
practical and economic standpoints, and the loan has reasonable prospect
of repayment.

(2) Moneys in the Oregon Port Revolving Fund are or will be
available for the proposed project.

(3) There is a need for the proposed project, and the applicant’s
financial resources are adequate to provide the working capital needed to
ensure success of the project.

(4) The applicant has received all necessary permits required by
federal, state or local agencies.

(5) The applicant will not owe more than $3 million to the Oregon
Port Revolving Fund if the loan is approved.

(6) The standards under ORS 285A.055 have been met. [Formerly
285.883; 2001 c.883 §12; 2003 c.773 §12]If the Oregon Economic and Community Development
Commission approves the project, the commission, on behalf of the state,
and the applicant may enter into a loan contract that is secured by good
and sufficient collateral. The loan contract shall set forth, among other
matters:

(1) A plan for repayment by the applicant to the Oregon Port
Revolving Fund of moneys borrowed from the fund for the project and
interest on the moneys at a rate of interest of not less than one percent
less than the prevailing interest rate on United States Treasury bills of
comparable term, as determined by the commission. The repayment plan,
among other matters:

(a) Shall provide for commencement of repayment by the port
district of moneys used for the project and interest thereon no later
than one year after the date of the loan contract or at any other time as
the commission may provide. However, upon approval by the commission, a
repayment plan for a flexible manufacturing space project may provide
that no interest shall accrue until the building is at least 25 percent
occupied or until three years after the date of the loan contract,
whichever is earlier.

(b) May provide for reasonable extension of the time for making any
repayment in emergency or hardship circumstances if approved by the
commission.

(c) Shall provide for evidence of debt assurance of, and security
for, repayment by the applicant as are considered necessary by the
commission.

(d) Shall specify a loan term that may not exceed the usable life
of the contracted project or 25 years from the year of project
completion, whichever is less. The payment schedule shall include
repayment of interest that accrues during any period of delay in
repayment authorized by paragraph (a) of this subsection, and the payment
schedule may require payments of varying amounts for collection of the
accrued interest.

(e) Shall provide for partial or complete repayment, in excess of
scheduled payments, of any outstanding principal loan amount without
penalty. If any prepayment is made, that amount may not be included in
any computation for the purposes of ORS 285A.678 (5).

(2) Provisions satisfactory to the commission for field engineering
and inspection, the commission to be the final judge of completion of the
contract.

(3) That the liability of the state under the contract is
contingent upon the availability of moneys in the Oregon Port Revolving
Fund for use in the project.

(4) Any other provision the commission considers necessary to
ensure expenditure of the funds for the purposes set forth in the
approved application. [Formerly 285.885; 2001 c.883 §13; 2003 c.773 §13;
2005 c.835 §20] If the Oregon
Economic and Community Development Commission approves a loan for a
project, the commission shall pay moneys for the project from the Oregon
Port Revolving Fund, in accordance with the terms of the loan contract as
prescribed by the commission. [Formerly 285.887; 2001 c.883 §14] (1)
If the Oregon Economic and Community Development Commission accepts a
lien against any port district’s real or personal property as collateral
required by ORS 285A.681, the commission shall file notice of the loan
with the recording officer of each county in which is situated any real
or personal property of the port district. The notice shall contain a
description of the encumbered property, the amount of the loan, and a
statement that loan payments are liens against such property.

(2) Upon payment of all amounts loaned to a port district pursuant
to ORS 285A.666 to 285A.732, the commission shall file with each
recording officer referred to in subsection (1) of this section, a
satisfaction notice that indicates repayment of the loan. [Formerly
285.890] (1) The Oregon Economic
and Community Development Commission may institute proceedings to
foreclose any lien for delinquent loan payments.

(2) If a port district fails to comply with a contract entered into
pursuant to ORS 285A.681, the commission may seek appropriate legal
remedies to secure the loan, and may contract with any port project
developer for continuation of the project and for repayment of moneys
from the Oregon Port Revolving Fund used therefor and interest thereon.

(3) The commission may also provide by contract or otherwise for a
project until the project is assumed by the new port project developer.
[Formerly 285.893; 2001 c.883 §15] A port district that
enters into a contract with the Oregon Economic and Community Development
Commission for a project and repayment as provided in ORS 285A.681 may
obtain moneys for repayment to the Oregon Port Revolving Fund under the
contract in the same manner as other moneys are obtained for purposes of
the port district or other moneys available to the developer. [Formerly
285.895; 2001 c.883 §16] The Oregon Economic and Community
Development Commission may appoint the Director of the Economic and
Community Development Department as their representative and agent in all
matters pertaining to ORS 285A.666 to 285A.732. The director shall assure
that all provisions of ORS 285A.666 to 285A.732 are complied with and
that appropriately trained personnel are employed pursuant to ORS
285A.070 to properly administer the fiscal and other portions of ORS
285A.666 to 285A.732. [Formerly 285.905]Except as provided in ORS 285A.702, if any project is refinanced
or financial assistance is obtained from other sources after the
execution of the loan from the state, all such funds shall be used to
repay the state first if such refinancing or financial assistance applies
only to the project authorized and does not include any subsequent
addition, expansion, improvement or further development. [Formerly
285.907; 2001 c.883 §17] (1) The Oregon Economic and Community
Development Commission may authorize funds from the Oregon Port Revolving
Fund to be used in appropriate joint governmental participation projects
or as match money with any port, state or federally funded project
authorized within a port district, subject to the stipulations of ORS
285A.666 to 285A.732.

(2) Any application for a loan under this section shall be in such
form as the commission prescribes and shall furnish such proof of
federal, state or local approval as appropriate for funding of the
project. [Formerly 285.910; 2001 c.883 §18; 2003 c.773 §14] If the
Oregon Economic and Community Development Commission approves an
application for the loan of moneys authorized by ORS 285A.702, the
commission shall enter into a loan contract, secured by good and
sufficient collateral, with the port district that provides, among other
matters:

(1) That a notice of any lien against the property be filed with
the recording officer of each county as provided for in ORS 285A.687 (1)
and (2).

(2) That the loan bear interest at the same rate of interest as
provided in ORS 285A.681 (1).

(3) That the loan term may not exceed the usable life of the
contracted project or 25 years from the year of project completion,
whichever is less. The same schedule shall include repayment of interest
that accrues during any period of delay in repayment authorized by ORS
285A.666 to 285A.732. The repayment schedule may require payments of
varying amounts for collection of accrued interest. However, the
commission may make provisions for extensions of time in making repayment
if the delinquencies are caused by acts of God or other conditions beyond
the control of the port district and the security will not be impaired
thereby.

(4) Any other provision the commission considers necessary to
ensure expenditure of the moneys loaned for the purposes provided in ORS
285A.702, including all provisions of ORS 285A.678.

(5) That the commission may cause to be instituted appropriate
proceedings to foreclose liens as provided for in ORS 285A.690 (1) and
(2) for delinquent loan payments and shall pay the proceeds of any
foreclosure, less the commission’s expenses incurred in foreclosing, into
the Oregon Port Revolving Fund. [Formerly 285.913; 2005 c.835 §21](1) There is created within the State Treasury a revolving
fund known as the Oregon Port Revolving Fund, separate and distinct from
the General Fund. Moneys in this fund are continuously appropriated to
the Oregon Economic and Community Development Commission for the
following purposes:

(a) Administrative expenses of the commission in processing
applications and investigating proposed projects.

(b) Payment of loans to port districts pursuant to ORS 285A.666 to
285A.732.

(c) Administrative expenses of the Ports Division relating to
ports. In any one year, administrative expenses charged under this
paragraph may not be greater than the total revenues received in that
year from fees provided for in subsection (2)(a) of this section, plus
three percent of the total asset value of the fund.

(2) The fund created by subsection (1) of this section shall
consist of:

(a) Application fees required by ORS 285A.672 (2).

(b) Repayment of moneys loaned to port districts or others from the
Oregon Port Revolving Fund, including interest on such moneys.

(c) Payment of such moneys as may be appropriated to the fund by
the Legislative Assembly.

(d) Moneys obtained from any interest accrued from such funds.

(3) Outstanding debt on the fund shall not exceed 95 percent of all
deposits, accounts payable, and other assets of the fund.

(4) No money shall be expended from the Oregon Port Revolving Fund
for any economic development study costing more than $25,000 unless a
work plan and budget for such study has been provided to the joint
Legislative Committee on Trade and Economic Development. [Formerly
285.915; 2001 c.883 §19] (1)
Notwithstanding ORS 285A.708 (1) and 285A.711, available moneys in the
Oregon Port Revolving Fund that were accrued as net earned income of the
fund may be transferred to the Port Planning and Marketing Fund created
under ORS 285A.654.

(2) Notwithstanding ORS 285A.654 (1)(b), moneys transferred to the
Port Planning and Marketing Fund under this section may be used for
payments of grants under ORS 285A.654 to 285A.660 to ports formed under
ORS 285A.603 to 285A.732 or ORS chapter 777 or 778.

(3) In addition to and notwithstanding any other law, an amount not
to exceed four percent of the assets of the Oregon Port Revolving Fund as
calculated on July 1 of each year shall be transferred to the Port
Note: 285A.709 was added to and made a part of 285A.666 to 285A.732
by legislative action but was not added to any smaller series therein.
See Preface to Oregon Revised Statutes for further explanation. All payments, receipts and interest
from outstanding indebtedness shall be retained in the Oregon Port
Revolving Fund and accumulated for new project disbursal, and repayment
of funds allocated pursuant to section 25, chapter 838, Oregon Laws 1977.
All interest earnings of the fund from whatever source shall be retained
and accumulated in the Oregon Port Revolving Fund and shall be used for
projects, and repayment of funds allocated pursuant to section 25,
chapter 838, Oregon Laws 1977. [Formerly 285.920; 2001 c.883 §20]ORS 285A.666 to 285A.711 shall be known as the Oregon Port Revolving Fund Act. [Formerly 285.943]

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