305 sections in this chapter.
ORS 285B.264 [2003 c.773 §26a; 2007 c.804 §69; repealed by 2009 c.830 §171]
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[Repealed or reserved.]
ORS 285B.266 Strategic Reserve Fund; uses. (1) There is created a Strategic Reserve Fund, separate and distinct from the General Fund, to consist of all moneys credited thereto, including moneys from the Administrative Services Economic Development Fund, and all interest earned on the Strategic Reserve Fund. The fund is continuously appropriated to the Oregon Business Development Department to be used to implement statewide strategies for economic development
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(2) The fund shall not be used to retire any debt or, except upon approval of the Joint Ways and Means Committee or, if the Legislative Assembly is not in session, the Emergency Board, to pay administrative expenses of the department. Expenses that are project related shall not b…
ORS 285B.269 [Formerly 285.655; repealed by 2009 c.830 §171]
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INDUSTRY DEVELOPMENT PROJECTS
ORS 285B.280 Definition of “traded sector.” As used in ORS 285B.280 to 285B.286, unless the context requires otherwise, “traded sector” means industries in which member firms sell their goods or services into markets for which national or international competition exists. [Formerly 285.765; 2005 c.835 §1]
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[Repealed or reserved.]
ORS 285B.283 Policy. The Legislative Assembly declares that it is the policy of the State of Oregon
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(1) Working with private firms, industry associations and others, to encourage cooperative sector-based strategies to promote industrial competitiveness. (2) That programs to develop particular industry sectors of this state’s economy, to the maximum extent feasible, include firm…
ORS 285B.286 Entrepreneurial and industry development activities. For traded sector industries, the Oregon Business Development Department shall undertake entrepreneurial and industry development activities that may include, but are not limited to, all of the following
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(1) Focus groups and other meetings and related studies to identify traded sector industry members and issues of common concern within an industry. (2) State technical and financial support for formation of industry associations, publication of association directories and related…
ORS 285B.289 [Formerly 285.773; repealed by 1999 c.509 §61]
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[Repealed or reserved.]
ORS 285B.290 Industry Competitiveness Fund; uses. The Industry Competitiveness Fund is established in the State Treasury, separate and distinct from the General Fund. The Industry Competitiveness Fund shall consist of all moneys credited to the fund, including moneys from the Administrative Services Economic Development Fund. Interest earned by the Industry Competitiveness Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Oregon Business Development Department to provide funds for activities outlined in ORS 285B.286. [2007 c.804 §71; 2009 c.830 §83]
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Note: 285B.290 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 285B or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. (Temporary provisions relating to outdoor gear and …
ORS 285B.292 [Formerly 285.775; repealed by 1999 c.509 §61]
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[Repealed or reserved.]
ORS 285B.295 [Formerly 285.777; repealed by 1999 c.509 §61]
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[Repealed or reserved.]
ORS 285B.298 [Formerly 285.780; repealed by 1999 c.509 §61]
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STATE REVENUE BONDS FOR INDUSTRIAL, COMMERCIAL, SOLID WASTE DISPOSAL, RESEARCH AND DEVELOPMENT USES
ORS 285B.320 Purpose of ORS 285B.320 to 285B.371. It is the purpose of ORS 285B.320 to 285B.371 to authorize the exercise of powers granted by ORS 285B.320 to 285B.371 by this state in addition to and not in lieu of any other powers it may possess. [Formerly 285.310; 1999 c.509 §29; 2001 c.680 §2; 2007 c.804 §72]
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[Repealed or reserved.]
ORS 285B.323 Definitions for ORS 285B.320 to 285B.371. (1) As used in ORS 285B.320 to 285B.371, unless the context requires otherwise
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(a) “Bond” or “revenue bond” means a revenue bond, as defined in ORS 286A.001. (b) “Capital asset” means real or personal property that the Oregon Business Development Commission expects to be: (A) Used in connection with a revenue-producing enterprise, an exempt facility or a no…
ORS 285B.326 Request for issuance of bonds; fees; rules; reimbursement for expenses. (1) Upon determining that an economic development project is an eligible project, the Oregon Business Development Commission shall request that the State Treasurer issue the bonds
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(2) For bonding purposes, the commission may treat any number of economic development projects determined to be eligible projects as a single eligible project. (3) The commission shall collect fees set forth in rules established by the Oregon Business Development Department. Mone…
ORS 285B.329 Review of project by commission; exception. (1) The state, acting through the State Treasurer, shall not undertake to finance any economic development project pursuant to ORS 285B.320 to 285B.371 before the Oregon Business Development Commission has reviewed the project
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(2) The commission is not required to make the determination and findings described in ORS 285A.055 (1) and (2) if the economic development project involves an exempt facility. [Formerly 285.325; 1999 c.509 §32; 2001 c.680 §4; 2007 c.804 §75; 2009 c.830 §86; 2012 c.59 §2]
ORS 285B.332 [Formerly 285.330; 1999 c.509 §33; repealed by 2007 c.804 §86]
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[Repealed or reserved.]
ORS 285B.335 Powers of department; lease requirements. (1) In addition to any other powers granted by law or by charter, the Oregon Business Development Department may
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(a) Enter into agreements to finance the costs of an eligible project by loaning or otherwise making available the proceeds of bonds authorized by ORS 285B.344 to a person, an agency of the federal government or state government, as defined in ORS 174.111, under terms and with se…
ORS 285B.338 Powers of commission. In carrying out its duties under ORS 285B.320 to 285B.371, the Oregon Business Development Commission acting for and in behalf of the state as its duly authorized agency, may
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(1) Acquire, construct and hold in whole or in part any lands, buildings, easements, water and air rights, improvements to lands and buildings and capital equipment to be located permanently or used exclusively on such lands or in such buildings, which are deemed necessary in con…
ORS 285B.341 Limitation on state power. Except as provided in ORS 285B.335 and 285B.338, the state does not have the power to operate any eligible project as a business or in any manner whatsoever, and except as provided in ORS 285B.335 and 285B.338, nothing in ORS 285B.320 to 285B.371 authorizes the state to expend any funds on any eligible project, other than the revenues of such projects, or the proceeds of revenue bonds issued hereunder, or other funds granted to the state for the purposes of an eligible project. For the purpose of exercising the powers and authority granted under ORS 285B.335 or 285B.338, the state and the Oregon Business Development Commission are not subject to the requirements of ORS 279.835 to 279.855 or ORS chapter 279A, 279B or 279C. [Formerly 285.345; 2001 c.680 §6; 2003 c.167 §12; 2003 c.794 §239; 2009 c.830 §89]
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[Repealed or reserved.]
ORS 285B.344 Issuance of bonds. (1) At the request of the Oregon Business Development Department, the State Treasurer may issue under ORS 285B.320 to 285B.371 and ORS chapter 286A bonds secured by revenues from an eligible project or from other financing sources to finance or refinance in whole or part an eligible project and bond-related costs, including capitalized interest. The bonds must be identified by eligible project. Refunding bonds may be issued to refinance the bonds
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(2) The department or the State Treasurer may appoint bond counsel as prescribed under ORS 286A.130. (3) Any escrow agent, bond registrar, paying agent or trustee, if any, designated to carry out all or part of the powers specified in ORS 285B.335 must agree to furnish financial …
ORS 285B.347 [Formerly 285.355; 1999 c.509 §37; repealed by 2007 c.783 §234]
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[Repealed or reserved.]
ORS 285B.350 Method of issuing bonds. Bonds authorized under ORS 285B.320 to 285B.371 shall be issued in accordance with the provisions of ORS chapter 286A. [Formerly 285.360; 2007 c.783 §100]
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[Repealed or reserved.]
ORS 285B.353 Administrative expenses. The administrative expenses of the State Treasurer shall be charged against bond proceeds or project revenues. [Formerly 285.365]
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[Repealed or reserved.]
ORS 285B.356 Refunding bonds. The State Treasurer shall have the power, whenever the treasurer deems refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured. The refunding bonds may be exchanged for bonds to be refunded and the proceeds applied to the purchase, redemption or payment of such bonds. [Formerly 285.370]
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[Repealed or reserved.]
ORS 285B.359 Validity of bonds. The validity of bonds issued under ORS 285B.320 to 285B.371 shall not be dependent on nor be affected by the validity or regularity of any proceeding relating to the acquisition, purchase, construction, installation, reconstruction, improvement, betterment or extension of the eligible project for which the bonds are issued. The official action authorizing such bonds may provide that the bonds shall contain a recital that they are issued pursuant to ORS 285B.320 to 285B.371 and such recital shall be conclusive evidence of their validity and of the regularity of their issuance. [Formerly 285.375]
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[Repealed or reserved.]
ORS 285B.362 Covenants in bonds. The official action authorizing the issuance of bonds under ORS 285B.320 to 285B.371 to finance or refinance in whole or in part, the acquisition, construction, installation, reconstruction, improvement, betterment or extension of any eligible project may contain covenants, notwithstanding that such covenants may limit the exercises of powers conferred by ORS 285B.320 to 285B.371 in the following respects and in such other respects as the Oregon Business Development Department may decide
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(1) The rents to be charged for the use of properties acquired, constructed, installed, reconstructed, improved, bettered or extended under the authority of ORS 285B.320 to 285B.371; (2) The use and disposition of the revenues of such projects; (3) The creation and maintenance of…
ORS 285B.365 Limitations of bonds; recitals. (1) Revenue bonds issued under ORS 285B.320 to 285B.371
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(a) Shall not be payable from nor charged upon any funds other than the revenue pledged to the payment thereof, nor shall the state be subject to any liability thereon. No holder or holders of such bonds shall ever have the right to compel any exercise of the taxing power of the …
ORS 285B.368 Powers and rights of bondholders. Subject to any contractual limitation binding upon the holders of any issue of bonds, or any escrow agent, vendor, lender, other financing party or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any holder of bonds, or any trustee therefor, for the equal benefit and protection of all bondholders similarly situated, may
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(1) By action or proceeding for legal or equitable remedies, enforce their rights against the state and any of its officers, agents and employees, and may require and compel the state or any such officers, agents or employees to perform and carry out its and their duties and obli…
ORS 285B.371 State interest in eligible projects not necessary for loans; security. The state, acting through the Oregon Business Development Commission, may loan the proceeds of the bonds authorized by ORS 285B.320 to 285B.371 for eligible projects without the necessity of the state having any ownership or leasehold interest in the eligible projects. Loans made pursuant to this section shall be secured, if at all, to the extent deemed necessary or desirable by the commission. [Formerly 285.393; 1999 c.509 §40; 2007 c.783 §102; 2009 c.830 §92]
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[Repealed or reserved.]
ORS 285B.374 [Formerly 285.395; 1999 c.509 §41; repealed by 2003 c.167 §16]
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[Repealed or reserved.]
ORS 285B.377 [Formerly 285.397; 1999 c.509 §42; repealed by 2003 c.167 §16]
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[Repealed or reserved.]
ORS 285B.380 [Formerly 285.398; 2003 c.662 §7; renumbered 285C.600 in 2003]
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[Repealed or reserved.]
ORS 285B.383 [Formerly 285.399; 1999 c.509 §26; 2003 c.662 §8; renumbered 285C.606 in 2003]
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[Repealed or reserved.]
ORS 285B.386 [Formerly 285.400; 2003 c.662 §9; renumbered 285C.609 in 2003]
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[Repealed or reserved.]
ORS 285B.389 [Formerly 285.401; 1999 c.509 §21; 2003 c.167 §9; 2003 c.662 §10a; renumbered 285C.612 in 2003]
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[Repealed or reserved.]
ORS 285B.392 [Formerly 285.402; 2003 c.662 §11; renumbered 285C.620 in 2003]
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INFRASTRUCTURE PROJECTS (Generally)
ORS 285B.410 Definitions for ORS 285B.410 to 285B.482. As used in ORS 285B.410 to 285B.482, unless the context requires otherwise
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(1) “Airport” means: (a) A runway, taxiway, aircraft parking apron, ramp, auto parking area, access road, safety area or runway protection zone; (b) An airport-related facility, including a hangar, terminal, air traffic control tower or other building; (c) A signal, navigational …
ORS 285B.413 Legislative findings; purpose; use of moneys; rules. (1) The Legislative Assembly finds that
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(a) The improvement, expansion and new construction of the state’s infrastructure systems provide the basic framework for continuing and expanding economic activity in this state, thereby improving the quality of life and economic opportunity for the people of Oregon. (b) It is e…
ORS 285B.416 [Formerly 285.705; 2001 c.883 §28; 2003 c.773 §29; repealed by 2005 c.835 §37]
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[Repealed or reserved.]
ORS 285B.419 Administration of Special Public Works Fund; rules and policies. (1) The Oregon Business Development Department shall adopt rules and policies for the administration of the Special Public Works Fund. All forms of assistance are subject to the rules and policies of the department
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(2) The Oregon Infrastructure Finance Authority shall manage the Special Public Works Fund and any expenditures from its accounts and transfers between its accounts so that the fund provides a continuing source of financing for development or planning projects consistent with ORS…
ORS 285B.420 Financial assistance for levee projects; required findings. (1) The Oregon Infrastructure Finance Authority may provide financial assistance in the form of loans or grants for a levee project to
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(a) Municipalities; (b) Corporations or companies for drainage or flood control organized under ORS chapter 554; and (c) For-profit or nonprofit entities and individuals engaged in the ownership, construction, inspection, accreditation, certification or repair of levees. (2) To q…
ORS 285B.421 Levee Project Grant Fund; limits; matching funds; rural and distressed areas. (1) The Levee Project Grant Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Levee Project Grant Fund must be credited to the fund. The Levee Project Grant Fund consists of moneys deposited in the fund under section 33, chapter 671, Oregon Laws 2019, and may include moneys appropriated, allocated, deposited or transferred to the fund by the Legislative Assembly or otherwise and interest earned on moneys in the fund
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(2) Moneys in the fund are continuously appropriated to the Oregon Business Development Department for the Oregon Infrastructure Finance Authority to provide grants under ORS 285B.420 for levee projects as defined in ORS 285B.410. (3) Grants from the fund for planning projects ar…
ORS 285B.422 Funding to municipalities for development projects; criteria for project funding; prohibited uses. (1) The Oregon Infrastructure Finance Authority may provide financial or other assistance to a municipality for a development project
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(2) The project must be municipally owned and operated either by the municipality or under a management contract or an operating agreement with the municipality. If the project consists: (a) Solely of the purchase or acquisition of land by the municipality, the land must be ident…
ORS 285B.424 Housing infrastructure financing program; rules. (1) The Oregon Infrastructure Finance Authority shall create a housing infrastructure financing program through which the authority may provide financial assistance, in the form of grants, loans or forgivable loans to a city, a county, a county service district organized under ORS chapter 451, a district as defined in ORS 198.010, an intergovernmental entity formed under ORS chapter 190 or a tribal council of a federally recognized Indian tribe in this state, for a project that will primarily support a specified proposed housing development. A project under this section may include
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(a) The development or improvement of transportation, water, wastewater or stormwater infrastructure, including improvements to system capacity linked to a specified proposed housing development; or (b) Site development, including the development of privately owned sites, necessa…
ORS 285B.425 [1997 c.800 §13; 2001 c.883 §30a; repealed by 2005 c.835 §37]
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[Repealed or reserved.]
ORS 285B.426 Housing Infrastructure Project Fund. (1) The Housing Infrastructure Project Fund is established in the State Treasury, separate and distinct from the General Fund
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(2) The Oregon Business Development Department may accept grants, donations, contributions or gifts from any source for deposit in the Housing Infrastructure Project Fund. (3) Interest earned by the fund shall be credited to the fund. (4) Moneys in the fund are continuously appro…
ORS 285B.428 Application for funds; rules. Any municipality may apply for financial or other assistance from the Special Public Works Fund by submitting a completed application and related information as required by the Oregon Business Development Department by rule. The application shall be filed, reviewed and approved or rejected in accordance with rules adopted by the department. [Formerly 285.710; 2001 c.883 §30b; 2003 c.773 §33; 2005 c.835 §11; 2009 c.830 §98]
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[Repealed or reserved.]
ORS 285B.431 [Formerly 285.713; 2003 c.773 §34; repealed by 2005 c.835 §37]
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[Repealed or reserved.]
ORS 285B.434 [Formerly 285.715; 2001 c.883 §30c; repealed by 2005 c.835 §37]
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[Repealed or reserved.]
ORS 285B.437 Contract with municipality; required provisions; repayment. (1) If the Oregon Infrastructure Finance Authority approves assistance from the Special Public Works Fund for a project, the authority, on behalf of the state, and the municipality may enter into a contract to implement the assistance. The contract shall include
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(a) A provision that the liability of the state under the contract is contingent upon the availability of moneys in the Special Public Works Fund for use in the project; (b) If any portion of the assistance is in the form of a loan or the purchase of a bond of a municipality, a p…