TITLE 26A

ECONOMIC DEVELOPMENT

Chapter 284. Organizations for Economic Development

285A. Economic Development I

285B. Economic Development II

285C. Economic Development III

_______________

Chapter 284 — Organizations for Economic Development

2023 EDITION

ORGANIZATIONS FOR ECONOMIC DEVELOPMENT

ECONOMIC DEVELOPMENT

OREGON TOURISM COMMISSION

284.101 Definitions for ORS 284.101 to 284.148

284.104 Legislative findings

284.107 Oregon Tourism Commission; qualifications; confirmation; term; compensation and expenses; officers; quorum

284.111 Duties of commission; marketing plan; rules

284.114 Review of marketing plan

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

284.122 Authority of commission

284.126 Budget; financial records and statements

284.131 Commission account; disposition of moneys; exemption from expenditure limitations

284.134 Financial review by Secretary of State

284.138 Matching grant program; purposes; amount

284.142 Executive director

284.146 Maintenance of tourist information centers

284.148 Annual report to Legislative Fiscal Officer regarding transient lodging tax funds

OREGON FILM AND VIDEO OFFICE

284.300 Definitions for ORS 284.300 to 284.375

284.305 Oregon Film and Video Office; status; continuing state obligation to support office

284.315 Film and Video Board; appointment; qualifications; term; meetings; compensation

284.325 Director; appointment; powers

284.335 Duties of director; contracts; prior approval by board for certain actions; biennial report; rules

284.345 Duties of office

284.355 Powers of office; fees

284.367 Oregon Production Investment Fund; source of moneys in fund; uses of moneys

284.368 Reimbursement from fund; maximum amounts allowable; additional payment; verification of eligible expenses; rules

284.369 Marketing

284.371 Creative Opportunity Program; rules; eligible projects

284.372 Diversity, equity and inclusion policy

284.375 Applicability of other laws

(Temporary provisions relating to Greenlight Oregon Labor Rebate are compiled as notes following ORS 284.375)

GOVERNOR’S ECONOMIC REVITALIZATION TEAM

284.545 Legislative findings

284.550 Definition of “traded sector”

284.555 Economic Revitalization Team; regulatory efficiency group; membership; purpose; reports

284.560 Duties of team

284.565 Development of process for certifying sites ready for industrial or traded sector development

284.570 Development of state economic development strategy; advisory committee; rules; focus of strategy

284.575 Duties of Department of Transportation related to state economic development strategy

284.577 State and local cooperation to provide industrial, commercial and retail development sites; implementation of state economic development strategy; rules

284.580 Role of local governments in implementation of state economic development strategy

284.585 Assistance to local governments; site assessment methodology

PACIFIC NORTHWEST MANUFACTURING PARTNERSHIP

284.590 Legislative findings

284.592 Definitions for ORS 284.590 to 284.597

284.594 Pacific Northwest Manufacturing Partnership Advisory Committee; duties

284.597 Regional collaboration regarding manufacturing economic development; proposals for federal funds; authority to enter into agreements

OREGON INNOVATION COUNCIL

284.701 Definitions for ORS 284.701 to 284.749

284.706 Oregon Innovation Council; members; powers and duties; compensation and expenses

284.711 Duty to advise; distribution of moneys; fees

284.715 State plan for innovation and economic competitiveness

284.720 Oregon Innovation Fund

284.740 Oregon Innovation Council signature research centers

284.742 Grants, loans and equity investments for innovation-based economic development; contracts to manage equity investments; fees; rules

284.745 Definitions for ORS 284.745 to 284.749

284.747 Oregon Innovation Bond Fund

284.748 Oregon Innovation Debt Service Fund

284.749 Oregon Innovation Bond Administration Fund

OREGON SOLUTIONS NETWORK

284.751 Regional collaboration among universities and Oregon Solutions Network; authority to contract; rules

REGIONAL SOLUTIONS PROGRAM

284.752 Definitions for ORS 284.752 to 284.754

284.753 Grant, loan and incentive programs; state agencies to apply regional priorities in project funding decisions; factors to consider

284.754 Regional Solutions Program; centers; teams; advisory committees; duties and responsibilities

EASTERN OREGON BORDER ECONOMIC DEVELOPMENT REGION

284.771 Definitions

284.776 Eastern Oregon Border Economic Development Board; members; quorum; meetings; advisory and technical committees; staffing

284.781 Duties, functions and powers; rules

284.783 Agreement with third-party administrator

284.786 Identification of laws that place region’s development efforts at disadvantage

284.791 Grant and loan programs to expand development; eligibility; applications; rules; fees; moneys to be retained for programs

284.793 Annual submission of program information by third-party administrator; board report to legislature

284.796 Rulemaking

284.797 Residency preference for civil service positions in region

284.801 Eastern Oregon Border Economic Development Board Fund

OREGON GROWTH BOARD

284.881 Definitions for ORS 284.881 to 284.890

284.882 Legislative intent

284.883 Oregon Growth Board; members; staff

284.885 Duties, functions and powers; rules; recommendations to Legislative Assembly; annual report

284.887 Authority to contract with management companies or state agencies to manage and invest moneys; standards and requirements; rules

284.890 Oregon Growth Fund; sources; uses

284.010 [1987 c.115 §2; 1991 c.11 §6; 1991 c.705 §1; renumbered 285.630 in 1991]

284.015 [1987 c.115 §3; 1991 c.705 §2; renumbered 285.633 in 1991]

284.020 [1987 c.115 §4; 1991 c.705 §3; 1991 c.878 §4; renumbered 285.635 in 1991]

284.025 [1987 c.115 §5; 1991 c.705 §4; renumbered 285.637 in 1991]

284.030 [1987 c.115 §6; 1989 c.547 §3; 1991 c.705 §5; renumbered 285.640 in 1991]

284.035 [1987 c.115 §7; 1991 c.705 §6; renumbered 285.643 in 1991]

284.040 [1987 c.115 §8; 1991 c.705 §7; renumbered 285.645 in 1991]

284.045 [1987 c.115 §9; renumbered 285.647 in 1991]

284.050 [1987 c.506 §24; 1989 c.966 §16; 1991 c.705 §8; renumbered 285.650 in 1991]

284.055 [1987 c.506 §25; 1989 c.638 §§1,2; 1989 c.966 §17; 1991 c.461 §93; 1991 c.878 §5; renumbered 285.653 in 1991]

284.060 [1987 c.115 §1; renumbered 285.655 in 1991]

284.075 [1987 c.677 §2; renumbered 285.263 in 1991]

284.080 [1987 c.677 §3; renumbered 285.265 in 1991]

284.085 [1987 c.677 §§4,7; 1989 c.908 §59; renumbered 285.267 in 1991]

284.090 [1987 c.677 §5; renumbered 285.270 in 1991]

284.095 [1987 c.677 §8; renumbered 285.273 in 1991]

284.100 [1987 c.677 §1; renumbered 285.275 in 1991]

OREGON TOURISM COMMISSION

284.101 Definitions for ORS 284.101 to 284.148. As used in ORS 284.101 to 284.148, 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 285A.255]

284.104 Legislative findings. 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 285A.258]

284.107 Oregon Tourism Commission; qualifications; confirmation; term; compensation and expenses; officers; quorum. (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.

(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 285A.261]

284.110 [1985 c.807 §3; 1987 c.769 §1; repealed by 1989 c.1015 §24]

284.111 Duties of commission; marketing plan; rules. 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 Oregon Business Development Department and tourism industry associations a recommended comprehensive marketing plan for review by the Governor, the Director of the Oregon Business 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.

(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 285A.264]

284.114 Review of marketing plan. Upon receipt of a comprehensive marketing plan prepared or revised by the Oregon Tourism Commission under ORS 284.111, the Governor, the Director of the Oregon Business 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 285A.267]

284.115 [1989 c.1015 §2; renumbered 285.570 in 1991]

284.118 Commission exempt from certain financial administration laws; contracts with state agencies for services; personnel policies and contracting and purchasing procedures. (1) Except as provided in subsection (2) of this section, the provisions of ORS 200.035, 279.835 to 279.855 and 283.085 to 283.092 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 284.101 to 284.148, 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

(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 284.101 to 284.148 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. [Formerly 285A.269; 2012 c.107 §60]

284.120 [1985 c.807 §13c; 1987 c.769 §2; repealed by 1989 c.1015 §24]

284.122 Authority of commission. To carry out the duties and purposes of the Oregon Tourism Commission, and in addition to other powers granted to the commission under ORS 284.101 to 284.148 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. [Formerly 285A.271]

284.125 [1989 c.1015 §3; renumbered 285.573 in 1991]

284.126 Budget; financial records and statements. (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. The commission shall file a copy of the adopted or modified budget with the Legislative Fiscal Officer not later than five business days after the commission adopts or modifies a budget.

(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. The commission shall file a copy of the annual financial statement with the Legislative Fiscal Officer not later than five business days after the statement is prepared or adopted by the commission. [Formerly 285A.272; 2011 c.630 §1]

284.130 [1985 c.807 §2; repealed by 1989 c.1015 §24]

284.131 Commission account; disposition of moneys; exemption from expenditure limitations. (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 65 percent must be used to fund state tourism programs.

(b) Ten percent must be used for a competitive grant program for projects that further the purpose described in ORS 284.138, which may include tourism-related facilities and tourism-generating events, including sporting events.

(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 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) In funding programs and awarding grants under subsection (4)(a) and (b) of this section, the commission shall consider a demonstrated return on investment, geographic equity and community support.

(6) 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.

(7) All expenditures from the account are exempt from any state expenditure limitation. [Formerly 285A.274; 2016 c.102 §5]

284.134 Financial review by Secretary of State. The Secretary of State shall enter into agreements with the Oregon Tourism Commission to set an appropriate financial review schedule for the commission. In lieu of conducting a financial review, the Secretary of State may elect to contract for the financial review with, or accept a financial review conducted by, an independent certified public accountant. [Formerly 285A.277]

284.135 [1989 c.1015 §4; repealed by 1991 c.11 §19]

284.138 Matching grant program; purposes; amount. (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 Oregon Business 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 285A.279]

284.140 [1985 c.807 §4; repealed by 1989 c.1015 §24]

284.142 Executive director. (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 284.111;

(b) Approve the biennial budget required under ORS 284.126; or

284.145 [1989 c.1015 §5; renumbered 285.575 in 1991]

284.146 Maintenance of tourist information centers. 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 285A.288]

284.148 Annual report to Legislative Fiscal Officer regarding transient lodging tax funds. (1) No later than October 1 of each year, the Oregon Tourism Commission shall submit a report to the Legislative Fiscal Officer that identifies:

(a) The funds received by the commission during the prior fiscal year pursuant to ORS 320.305;

(b) The awards and commitments approved by the commission of these funds and of funds received in prior fiscal years; and

(2) The Legislative Fiscal Officer may request, and upon the request the commission shall supply, additional information with respect to any grants of $2 million or more made by the commission from funds appropriated to the commission under ORS 284.131. [2016 c.102 §10]

284.150 [1985 c.807 §5; 1987 c.769 §3; repealed by 1989 c.1015 §24]

284.155 [1989 c.1015 §6; renumbered 285.577 in 1991]

284.160 [1985 c.807 §6; 1987 c.769 §4; repealed by 1989 c.1015 §24]

284.165 [1989 c.1015 §7; renumbered 285.580 in 1991]

284.170 [1985 c.807 §7; repealed by 1989 c.1015 §24]

284.175 [1989 c.1015 §8; renumbered 285.583 in 1991]

284.180 [1985 c.807 §8; 1987 c.769 §5; 1989 c.171 §37; repealed by 1989 c.1015 §24]

284.185 [1989 c.1015 §9; renumbered 285.585 in 1991]

284.190 [1985 c.807 §15; repealed by 1989 c.1015 §24]

284.195 [1989 c.1015 §10; renumbered 285.587 in 1991]

284.200 [1985 c.807 §9; repealed by 1989 c.1015 §24]

284.205 [1989 c.1015 §11; 1991 c.11 §7; renumbered 285.590 in 1991]

284.210 [1985 c.807 §§13,14; 1987 c.769 §§6,16; repealed by 1989 c.1015 §24]

284.215 [1989 c.1015 §12; 1991 c.11 §8; renumbered 285.593 in 1991]

284.220 [1985 c.807 §§10,11; 1987 c.769 §7; 1989 c.224 §48; repealed by 1989 c.1015 §24]

284.225 [1989 c.1015 §13; 1991 c.11 §9; renumbered 285.595 in 1991]

284.230 [1985 c.807 §12; 1987 c.769 §8; repealed by 1989 c.1015 §24]

284.235 [1989 c.1015 §14; 1991 c.459 §1; renumbered 285.597 in 1991]

284.240 [1985 c.807 §13a; 1987 c.769 §9; repealed by 1989 c.1015 §24]

284.245 [1989 c.1015 §15; 1991 c.415 §1; renumbered 285.600 in 1991]

284.250 [1985 c.807 §13b; 1987 c.769 §10; repealed by 1989 c.1015 §24]

284.254 [1989 c.1015 §16; renumbered 285.603 in 1991]

284.255 [1987 c.769 §§12,13; 1989 c.908 §60; repealed by 1989 c.1015 §24]

284.259 [1989 c.1015 §17; renumbered 285.605 in 1991]

284.260 [1985 c.807 §1; repealed by 1989 c.1015 §24]

284.263 [1989 c.1015 §18; 1991 c.459 §2; renumbered 285.607 in 1991]

284.265 [1989 c.1015 §18a; 1991 c.11 §10; renumbered 285.610 in 1991]

284.270 [1989 c.1015 §19; 1991 c.11 §11; renumbered 285.613 in 1991]

284.275 [1989 c.1015 §20; 1991 c.11 §12; 1991 c.459 §3; renumbered 285.615 in 1991]

284.280 [1989 c.1051 §21; 1991 c.11 §13; 1991 c.415 §2; 1991 c.459 §4; renumbered 285.617 in 1991]

284.285 [1989 c.1015 §1; renumbered 285.620 in 1991]

284.290 [2015 c.682 §1; 2017 c.185 §1; repealed by 2017 c.297 §43]

284.292 [2015 c.682 §2; repealed by 2017 c.297 §43]

284.294 [2015 c.682 §3; 2017 c.185 §2; repealed by 2017 c.297 §43]

284.297 [2015 c.682 §4; repealed by 2017 c.297 §43]

OREGON FILM AND VIDEO OFFICE

284.300 Definitions for ORS 284.300 to 284.375. As used in ORS 284.300 to 284.375, unless the context requires otherwise:

(1) “Board” means the Film and Video Board.

(2) “Office” means the Oregon Film and Video Office created by ORS 284.305 (1). [1995 c.242 §1]

284.305 Oregon Film and Video Office; status; continuing state obligation to support office. (1) The Oregon Film and Video Office is created as a semi-independent state agency subject to ORS 284.300 to 284.375.

(2) Subject to legislative appropriations, the State of Oregon recognizes a continuing obligation to contribute to the support of the Oregon Film and Video Office. The State of Oregon recognizes that a continued financial partnership with the office is essential to the growth of the film and video industries. [1995 c.242 §§2,11]

284.310 [1985 c.776 §2; 1987 c.757 §1; 1989 c.537 §1; 1989 c.547 §4; 1989 c.833 §79; 1991 c.11 §14; 1991 c.687 §1; renumbered 285.700 in 1991]

284.315 Film and Video Board; appointment; qualifications; term; meetings; compensation. (1) The Oregon Film and Video Office shall be governed by the Film and Video Board.

(2) The Film and Video Board shall consist of five members appointed by the Governor.

(3) The five members shall be appointed as follows:

(a) Two members shall be appointed from professional filmmakers, videographers or production and support service firms.

(b) Two members shall be from the private financial sector and shall have experience in high-risk venture investments, either with start-up companies or in commercial banking.

(4) A member of the board shall be appointed for a term of four years that begins on July 1. A member shall hold office for the term of the appointment and until a successor is appointed. However, a member may be removed from the board at the pleasure of the Governor. A member is eligible for reappointment.

(5) Upon expiration of the term of a member of the board, a successor shall be appointed for a term of four years. In case of a vacancy for any cause, the Governor shall appoint an individual to serve the unexpired term of the member to be replaced.

(6) The board shall annually select one of its members to chair the board with those duties and powers that the board determines are necessary to perform the functions of the office.

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

(8) The board shall meet at least once in each calendar quarter at a time and place to be determined by the chairperson of the board. All meetings of the board shall be held in Oregon. The chairperson or any two members of the board may call a special meeting after providing written notice of the meeting to the other members at least seven days prior to the meeting.

(9) Members of the board are entitled to expenses as provided in ORS 292.495 (2). [1995 c.242 §3; 1997 c.632 §5]

284.320 [1985 c.776 §1; 1987 c.757 §2; renumbered 285.703 in 1991]

284.325 Director; appointment; powers. The Oregon Film and Video Office shall be under the administrative control of a director, who is appointed by and who holds office at the pleasure of the Film and Video Board. The board shall set the compensation of the director. The director of the office may appoint all subordinate officers and employees of the office and may prescribe their duties and fix their compensation. The director of the office may delegate to any subordinate officer or employee any administrative duty, function or power imposed upon the office by law. [1995 c.242 §5]

284.330 [1985 c.776 §2a; 1987 c.757 §3; renumbered 285.705 in 1991]

284.335 Duties of director; contracts; prior approval by board for certain actions; biennial report; rules. (1) Except as provided in subsection (2) of this section, when carrying out the duties, functions and powers of the Oregon Film and Video Office, the director of the office may contract with any state agency for the performance of such duties, functions and powers that the director considers appropriate.

(2) The director of the office may not, without the prior approval of the Film and Video Board:

(a) Award any contract for goods or professional services in excess of $25,000;

(b) Authorize any expenditure of moneys in excess of $25,000;

(d) Commence a civil legal action or proceeding;

(e) Sell, transfer and convey property to a buyer or lease property to a tenant;

(f) Borrow money and give guarantees;

(g) Finance, conduct or cooperate in the financing of facilities and projects to assist the film, video and emerging media industries; or

(h) In accordance with ORS chapter 183, adopt rules necessary for the administration of laws that the office is charged with administering.

(3) The Film and Video Board shall approve the lease of property to a tenant only when the sale, transfer or conveyance of the property cannot be effected with reasonable promptness or at a reasonable price.

(4) The Film and Video Board may not allow the director to borrow money or give guarantees under subsection (2)(f) of this section unless the indebtedness or other obligations of the office are payable solely out of its own resources and do not constitute a pledge of the full faith and credit of the State of Oregon or any of the revenues of this state.

(5) The office shall file with the Governor, the Legislative Assembly and the Legislative Fiscal Officer a biennial report of the activities and operations of the office. The report shall include a full and complete reporting of the financial activities and transactions of the office during the biennium, including at least the information required under ORS 284.365 (5). [1995 c.242 §9; 2011 c.630 §2]

284.340 [1985 c.776 §4; 1987 c.757 §4; 1991 c.878 §6; renumbered 285.707 in 1991]

284.345 Duties of office. The Oregon Film and Video Office shall:

(1) Assist in the development of Oregon’s indigenous film and video industry.

(2) Act as the primary liaison and contact on behalf of the State of Oregon for film or video production companies and personnel operating in this state.

(3) Provide assistance to:

(a) Out-of-state production companies;

(b) Location managers and scouts;

(c) Film and video production personnel on location in this state when dealing with local jurisdictions and state and federal agencies;

(d) The general public regarding film and video productions; and

(e) Local communities in attracting film and video productions.

(4) Coordinate with affected state and federal agencies to permit filming.

(5) Market and promote Oregon as a location for film or video productions.

(6) Promote the film and video industry in Oregon and the emerging interactive multimedia technologies and related industries in this state by:

(a) Developing a skilled workforce;

(b) Developing and managing production facilities and other related infrastructure;

(c) Educating the business, financial and political communities in this state concerning the positive economic and promotional effects of these industries; and

(d) Promoting investment in the film and video industry, including facilitating joint ventures and partnerships in the industry.

(7) Maintain the confidential nature of the negotiations it conducts as requested by persons doing business with the office. [1995 c.242 §6]

284.350 [1985 c.776 §2b; repealed by 1987 c.757 §16]

284.355 Powers of office; fees. To carry out the purposes specified in ORS 284.345, the Oregon Film and Video Office may:

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

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

(3) Enter into agreements or other transactions involving the film, video and emerging interactive multimedia industries with any federal, state, county or municipal agency or with any person or other entity;

(4) Acquire real property or an interest in real property, by purchase or foreclosure, when the acquisition is necessary or appropriate to promote the film, video and emerging interactive multimedia industries;

(5) Appoint officers, consultants, agents and advisers, and prescribe their duties;

(6) Appear in its own behalf before boards, commissions, departments or other agencies of municipal or county governments, the state government or the federal government;

(7) Procure insurance against any losses in connection with its properties in such amounts and from such insurers as may be necessary or desirable;

(8) Accept any and all donations, grants, bequests and devises, conditional or otherwise, of money, property, services or other things of value, including any interest or earnings thereon, that may be received from the United States or any agency thereof, any governmental agency or any institution or person, public or private, to be held, used or applied for any or all of the purposes specified in ORS 284.345, in accordance with the terms and conditions of the grant;

(9) Organize, conduct, sponsor, cooperate with and assist the private sector and other state agencies in the conduct of conferences and tours relating to the film, video and emerging interactive multimedia industries;

(10) Provide and pay for advisory services and technical assistance that may be necessary or desirable to carry out the purposes of ORS 284.345;

(11) Exercise any other powers necessary for the operation and functioning of the office within the purposes authorized by ORS 284.345;

(12) In order to accomplish the purposes of ORS 284.300 to 284.355, expend moneys duly budgeted to pay the travel and various other expenses of film or video production company personnel;

(13) Charge for and receive income or revenue from any source to be used for the purposes authorized by ORS 284.345; and

(14) Charge fees reasonably calculated to cover the costs incurred by the office when providing services under ORS 284.300 to 284.355. [1995 c.242 §8]

284.360 [1985 c.776 §5; 1987 c.168 §7; renumbered 285.710 in 1991]

284.365 Deposit of office moneys in depository account; investment of moneys; payment of expenses; biennial budget; public hearing; expenditures exempt from state expenditure limitations; accounting requirements. (1) All moneys collected, received or appropriated to the Oregon Film and Video Office shall be deposited in an account established in accordance with ORS 295.001 to 295.108. Subject to approval by the chairperson, the board may invest moneys collected or received by the office. Investments made by the board are limited to the types of investments listed in ORS 294.035 (3)(a) to (i). Interest earned from any amounts invested must be made available to the office in a manner consistent with the biennial budget approved by the board.

(2) Subject to the approval of the director of the office, all necessary expenses of the office and the board must be paid from the moneys collected, appropriated or earned by the office.

(3) The office shall adopt a budget on a biennial basis using the classifications of expenditures and revenues required by ORS 291.206 (1). The budget is not subject to review and approval by the Legislative Assembly or to modification by the Emergency Board or the Legislative Assembly. However, the budget must be included in the biennial report required by ORS 284.335 (5).

(4) The board shall adopt a budget only after holding a public hearing on the proposed budget. At least 15 days prior to any public hearing on the proposed budget, the board shall give notice of the hearing to all persons known to be interested in the proceedings of the board and to any person who requests notice.

(5) All expenditures from the account established for the office under subsection (1) of this section are exempt from any state expenditure limitation. The office shall follow generally accepted accounting principles and keep such financial and statistical information that is necessary to completely and accurately disclose the financial condition and financial operations of the office as may be required by the Secretary of State. [1995 c.242 §10; 2003 c.405 §4; 2005 c.443 §19; 2007 c.871 §26; 2019 c.587 §36]

284.367 Oregon Production Investment Fund; source of moneys in fund; uses of moneys. (1) The Oregon Production Investment Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Production Investment Fund shall be credited to the fund.

(2) Moneys in the Oregon Production Investment Fund shall consist of:

(a) Amounts donated to the fund;

(b) Amounts appropriated or otherwise transferred to the fund by the Legislative Assembly;

(d) Interest earned by the fund.

(3) Eighty-seven and one-half percent of moneys in the fund are continuously appropriated to the Oregon Business Development Department for the purposes of making:

(a) Reimbursements to filmmakers or local media production services companies under ORS 284.368;

(b) Payments to a tax credit marketer for marketing services provided by the marketer as described in ORS 284.369; and

(4) Seven and one-half percent of moneys in the fund are continuously appropriated to the department for the purpose of making reimbursements to local filmmakers or local media production services companies under ORS 284.368 (3). Total annual reimbursements to local media production services companies under this subsection may not exceed seven and one-half percent of the moneys deposited annually in the fund. On July 1 of each fiscal year, any moneys that remain unexpended or unallocated from the previous fiscal year may be used by the department for the purpose of making reimbursements to filmmakers or local media production services companies under ORS 284.368 (2).

(5) Three percent of moneys in the fund are continuously appropriated to the department for the purpose of making payments to filmmakers under ORS 284.368 (4). Total annual payments to filmmakers under this subsection may not exceed five percent of the moneys deposited annually in the fund. On July 1 of each fiscal year, any moneys that remain unexpended or unallocated from the previous fiscal year may be used by the department for the purpose of making payments to filmmakers under this section. Any excess over five percent that remains unexpended or unallocated shall be used by the department for the purpose of making reimbursements to filmmakers or local media production services companies under ORS 284.368 (2).

(6) Two percent of moneys in the fund are continuously appropriated to the department for the purpose of making payments to entities under ORS 284.371. On July 1 of each fiscal year, any moneys that remain unexpended or unallocated from the previous fiscal year may be used by the department for any purpose authorized under this section.

(7) Expenditures from the fund are not subject to ORS 291.232 to 291.260. [2003 c.736 §79; 2009 c.471 §2; 2011 c.730 §§14,15; 2013 c.750 §48; 2016 c.29 §6; 2022 c.75 §3]

284.368 Reimbursement from fund; maximum amounts allowable; additional payment; verification of eligible expenses; rules. (1) As used in this section:

(a) “Actual Oregon expenses” means the costs paid in Oregon for principal photography, production or postproduction in Oregon of a film, or for media production services, including but not limited to the purchase or rental cost of equipment, food, lodging, real property and permits and payments made for salaries, wages and benefits for work in Oregon.

(b) “Film” means a television movie or one or more episodes of a single television series, or a movie produced for release to theaters, video or the Internet. “Film” does not include the production of a commercial or one or more segments of a newscast or sporting event.

(d) “Local filmmaker” means a person who owns a television or film production company that has its principal place of business in this state.

(e) “Local media production project” means, if made or performed by a local media production services company, a single interactive video game or a portion thereof, or postproduction services for a single film.

(f) “Local media production services company” means a media production services company that has its principal place of business in this state.

(g) “Media production services” includes postproduction services and interactive video game development. “Media production services” does not include the production of a commercial or one or more segments of a newscast or sporting event.

(h) “Media production services company” means a person who is engaged in media production services.

(i) “Portland metropolitan zone” means the area within a 30-mile radius of the center of the Burnside Bridge in Portland.

(j) “Resident of this state” has the meaning given that term in ORS 316.027.

(2)(a) The Oregon Business Development Department may reimburse a filmmaker or local media production services company for a portion of the actual Oregon expenses incurred by the filmmaker or local media production services company.

(b) Maximum reimbursement for a single film or a single local media production project shall be the total of:

(A) 20 percent of payments made for employee salaries, wages and benefits for work done in Oregon; and

(B) 25 percent of all other actual Oregon expenses.

(c) Notwithstanding paragraph (b) of this subsection, maximum reimbursement for a single film may not exceed 50 percent of total moneys received by the Oregon Production Investment Fund during the biennium in which the actual Oregon expenses are incurred.

(d) To qualify for reimbursement under this subsection, total actual Oregon expenses for a film or a local media production project must equal or exceed $1 million.

(3)(a) The department may reimburse a local filmmaker or local media production services company for all or a portion of the actual Oregon expenses, up to $1 million, incurred by the local filmmaker or local media production services company.

(b) To qualify for reimbursement under this subsection:

(A) Total actual Oregon expenses paid for the film or media production services must be at least $75,000;

(B) The local filmmaker or local media production services company must have spent 80 percent of the film’s payroll on employees who are residents of this state; and

(C) The local filmmaker or local media production services company must have employed or contracted with a public accountant certified under ORS 673.040 for the provision of payroll services.

(4) In combination with the reimbursements allowed under subsections (2) and (3) of this section, the department may make an additional payment to a filmmaker for one of the following:

(a) A travel and living expenses rebate of $200 per employee per day, for any day that a film is shot entirely outside the Portland metropolitan zone, not to exceed $10,000 per day or $50,000 per film; or

(b) An increase of 10 percent of the amount otherwise allowable under subsections (2) and (3) of this section, if for at least six days and at least one day more than half of its total shoot days in Oregon the film is shot entirely outside the Portland metropolitan zone.

(5) Reimbursement under this section shall be made from moneys credited to or deposited in the Oregon Production Investment Fund during the biennium in which the actual Oregon expenses were paid or any prior biennium. A reimbursement may not be made to the extent funds are not available in the fund to make the reimbursement.

(6)(a) Total actual Oregon expenses supporting a claim for reimbursement under this section must be verified by the Oregon Film and Video Office. The filmmaker or local media production services company must submit to the office proof of the actual Oregon expenses. The proof must include any documentation that may be required by the office in its discretion to verify the actual Oregon expenses.

(b) The office may charge the filmmaker or local media production services company for costs reasonably incurred to verify the actual Oregon expenses, including but not limited to the cost for a review or audit of the supporting documentation by an accountant or auditor. The office may require the department to deduct the costs incurred by the office in performing its review or audit from any reimbursement made to the filmmaker or local media production services company under this section.

(c) The office may adopt rules that establish a procedure for the submission and verification of actual Oregon expenses. [2003 c.736 §80; 2007 c.815 §1; 2009 c.787 §§1,1b; 2013 c.750 §49; 2016 c.29 §7; 2022 c.82 §1]

284.369 Marketing. The Oregon Film and Video Office may hire or contract with a marketer to market the tax credits described in ORS 315.514 to taxpayers. [2003 c.736 §81]

284.370 [1985 c.776 §6; 1987 c.168 §8; renumbered 285.713 in 1991]

284.371 Creative Opportunity Program; rules; eligible projects. (1) The Oregon Film and Video Office shall develop and implement a Creative Opportunity Program to make payments to entities for the creation and funding of projects described in subsection (4) of this section that promote the film, television, interactive, animation and media industries in Oregon.

(2)(a) The office shall establish by rule the eligibility requirements and application process for entities seeking payments under the program.

(b) The rules must include, at a minimum, application forms, deadlines and any information and documents required to be included with an application, and may prescribe an application fee.

(3) The office may consult with local nonprofit organizations, public agencies, educational institutions, private partners, media production companies, small businesses and community organizations when reviewing and approving or rejecting applications for payments under the program.

(4) The creation and funding of the following projects are eligible for payments under the program:

(a) Grants for individuals and production projects;

(b) Fund matching;

(d) Mentorship programs;

(e) Project and talent incubation;

(f) Mutual aid;

(g) Creator and storyteller support;

(h) Diversity and inclusion initiatives;

(i) Educational programming;

(j) Workforce development;

(k) Regional production development; and

(L) Industry-related small business growth stimulus. [2022 c.75 §2]

284.372 Diversity, equity and inclusion policy. In addition to any applicable requirements under ORS 284.368, a company seeking reimbursement under ORS 284.368 must:

(1) Have a written diversity, equity and inclusion policy as of the date on which the company submits an application for reimbursement;

(2) In accordance with the written policy described in subsection (1) of this section, actively engage in good faith efforts to hire or contract with individuals from underrepresented groups for the production for which the reimbursement is sought;

(3) Report diversity statistics related to the production to the Oregon Film and Video Office after completion of the production; and

(4) Establish a process for addressing claims of harassment, discrimination and other misconduct related to the production. [2021 c.247 §1]

Note: 284.372 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 284 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

284.375 Applicability of other laws. (1) Except as otherwise provided by law, ORS 279.835 to 279.855 and 283.085 to 283.092 and ORS chapters 240, 276, 279A, 279B, 279C, 282, 283, 291, 292 and 293 do not apply to the Oregon Film and Video Office.

(2) Notwithstanding subsection (1) of this section, ORS 279A.100, 279A.250 to 279A.290, 282.210 to 282.230, 293.235, 293.240, 293.245, 293.260, 293.262, 293.611, 293.625 and 293.630 apply to the Oregon Film and Video Office. [1995 c.242 §7; 2003 c.794 §234; 2012 c.107 §61]

Note: Sections 1, 1a and 2, chapter 559, Oregon Laws 2005, provide:

Sec. 1. Labor rebate for qualifying film production; requirements; certification of eligibility; rebate process; rules. (1) As used in this section:

(a) “Actual expenses” means the costs paid in Oregon for principal photography, production or postproduction in Oregon of a qualifying film production, including but not limited to the purchase or rental cost of equipment, food, lodging, real property and permits and payments made for salaries, wages and benefits for work in Oregon.

(b) “Commercial” means a moving image production created to advertise a product or service.

(c) “Qualifying compensation” means wages paid by an employer to an employee for services performed in Oregon in connection with a qualifying film production.

(d)(A) “Qualifying film production” means a production that occurs primarily in Oregon of:

(i) One or more commercials;

(ii) One or more episodes of a television show; or

(iii) A movie to be released in theaters, on video, on television, over the Internet or over any other distribution channel.

(B) “Qualifying film production” does not include the production of one or more segments of a newscast or sporting event.

(2) The Oregon Film and Video Office shall pay a labor rebate to any person engaged in a qualifying film production for qualifying compensation paid by the person, if:

(a) The person has been certified by the office as eligible for a labor rebate;

(b) The person has made withholding payments under ORS 316.220; and

(c) The office has verified the actual expenses that support a claim for a labor rebate under this section and those expenses exceed $1 million.

(3) The amount of the labor rebate for a qualifying film production shall equal the amount withheld under ORS 316.220 with respect to the qualifying film production and deposited in the Greenlight Oregon Labor Rebate Fund established in section 2, chapter 559, Oregon Laws 2005, less the expenses described in subsection (5)(b) of this section.

(4)(a) A person seeking a labor rebate under this section shall apply to the office for certification.

(b) The office shall certify a person intending to engage in a qualifying film production as eligible for a labor rebate under this section if it is reasonably likely that the person will incur actual expenses of at least $1 million that are related to a qualifying film production and:

(A) If the qualifying film production consists of one or more episodes of a television series, the actual expenses are associated with production that comprises no more than a single season of episodes;

(B) If the qualifying film production consists of one or more commercials, the actual expenses are to be incurred within a single year; or

(C) If the qualifying film production consists of a movie or other film production not described in subparagraph (A) or (B) of this paragraph, the actual expenses are associated with that movie or other film production.

(c) If the office decides to certify an applicant, the office shall send a written certificate to the applicant and a copy of the certificate to the Department of Revenue.

(5)(a) Upon completion of the qualifying film production for which a certificate was issued under subsection (4) of this section, the office shall verify the actual expenses supporting a claim for a labor rebate under this section. The certificate holder shall submit to the office proof of the actual expenses paid in Oregon to produce the qualifying film production. The proof must include any documentation that may be required by the office in its discretion to verify the actual expenses.

(b) The office may deduct from the amount of the labor rebate costs reasonably incurred:

(A) To verify the actual expenses, including but not limited to the cost for a review or audit of the supporting documentation by an accountant or auditor; and

(B) For workforce development and educational efforts undertaken by the office in connection with the qualifying film production, not to exceed one percent of the amount of the labor rebate.

(c) The office may adopt rules that establish procedures for the submission of proof of and verification of actual expenses, the costs of workforce development and educational efforts and the payment of rebates.

(6)(a) Following verification of actual expenses by the office, the office shall pay a labor rebate to the certificate holder in the amount determined under subsection (3) of this section.

(b) If the office is unable to verify that actual expenses of the certificate holder are at least $1 million for the qualifying film production for which the certificate was issued, the office may not pay a labor rebate to the certificate holder. Moneys in the Greenlight Oregon Labor Rebate Fund that are attributable to withholding paid by a certificate holder for whom the office is unable to verify sufficient actual expenses may be used for the purposes of the office. [2005 c.559 §1; 2017 c.38 §1]

Sec. 2. Greenlight Oregon Labor Rebate Fund; permissible use of moneys; transfer of moneys. (1) The Greenlight Oregon Labor Rebate Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Greenlight Oregon Labor Rebate Fund shall be credited to the Greenlight Oregon Labor Rebate Fund.

(2) All moneys in the Greenlight Oregon Labor Rebate Fund are continuously appropriated to the Oregon Business Development Department for the purposes of transferring amounts requested under subsection (3) of this section to the Oregon Film and Video Office.

(3) Following verification by the Oregon Film and Video Office of actual expenses of a qualifying film production certificate holder under section 1 of this 2005 Act and a request for a transfer of funds by the office, the department shall transfer amounts sufficient to pay the labor rebate described in section 1 (6)(a) of this 2005 Act and the costs of the office described in section 1 (5)(b) of this 2005 Act. [2005 c.559 §2]

Sec. 1a. The Oregon Film and Video Office may not issue a qualifying film production labor rebate certificate under section 1, chapter 559, Oregon Laws 2005, on or after January 1, 2030. [2005 c.559 §1a; 2011 c.730 §16; 2017 c.38 §2; 2021 c.525 §33]

284.380 [1985 c.776 §7; 1987 c.757 §5; renumbered 285.715 in 1991]

284.390 [1985 c.776 §§8,9; 1987 c.757 §6; renumbered 285.717 in 1991]

284.400 [1985 c.776 §14; 1987 c.757 §7; renumbered 285.720 in 1991]

284.410 [1985 c.776 §12; 1987 c.757 §8; renumbered 285.723 in 1991]

284.415 [1987 c.757 §18; renumbered 285.725 in 1991]

284.420 [1985 c.776 §10; 1987 c.757 §9; renumbered 285.727 in 1991]

284.425 [1987 c.757 §18a; renumbered 285.730 in 1991]

284.428 [1987 c.757 §19; repealed by 1991 c.902 §121]

284.430 [1985 c.776 §22; 1987 c.506 §26; renumbered 461.710 in 1987]

284.440 [1985 c.776 §3; 1987 c.757 §§10,22; 1989 c.966 §18; 1991 c.687 §2; renumbered 285.733 in 1991]

284.445 [1987 c.757 §20; renumbered 285.735 in 1991]

284.450 [1985 c.776 §11; repealed by 1987 c.757 §16]

284.455 [1987 c.757 §23; 1991 c.944 §2; renumbered 285.737 in 1991]

284.460 [1985 c.776 §13; repealed by 1987 c.757 §16]

284.470 [1985 c.776 §15; repealed by 1987 c.757 §16]

284.480 [1985 c.776 §16; repealed by 1987 c.757 §16]

284.490 [1985 c.776 §17; 1987 c.757 §11; 1991 c.687 §3; 1991 c.944 §3; renumbered 285.740 in 1991]

284.500 [1985 c.776 §18; 1987 c.757 §12; renumbered 285.743 in 1991]

284.510 [1985 c.776 §19; 1987 c.757 §13; renumbered 285.745 in 1991]

284.520 [1985 c.776 §20; 1987 c.757 §14; renumbered 285.747 in 1991]

284.530 [1985 c.776 §21; 1987 c.757 §15; renumbered 285.750 in 1991]

284.535 [1989 c.909 §48; renumbered 285.753 in 1991]

284.540 [2003 c.800 §3; 2005 c.748 §24; 2007 c.804 §84; 2013 c.230 §3; 2013 c.747 §205; 2013 c.768 §176; repealed by 2017 c.532 §9]

GOVERNOR’S ECONOMIC REVITALIZATION TEAM

284.545 Legislative findings. The Legislative Assembly finds that:

(1) There is a need for a statewide inventory of sites that are planned and zoned for industrial or traded sector uses and are ready for development;

(2) There is a need to improve coordination among local, regional and state agencies with respect to economic development programs, planning and policy; and

(3) There is a need for additional methodologies and guidance to assist local governments in economic development planning. [2003 c.800 §10]

284.550 Definition of “traded sector.” As used in ORS 284.545 to 284.565 and sections 12 and 15 to 20, chapter 800, Oregon Laws 2003, unless the context requires otherwise, “traded sector” has the meaning given that term in ORS 285A.010. [2003 c.800 §11]

284.555 Economic Revitalization Team; regulatory efficiency group; membership; purpose; reports. (1) The Governor shall establish the Economic Revitalization Team in the office of the Governor for the purpose of coordinating and streamlining state policies, programs and procedures and providing coordinated state agency assistance to local governments.

(2) The team shall establish a regulatory efficiency group to assist the team consisting of the directors of the following state agencies:

(a) The Department of Environmental Quality;

(b) The Oregon Business Development Department;

(d) The Department of State Lands;

(e) The Department of Land Conservation and Development;

(f) The State Department of Agriculture;

(g) The Housing and Community Services Department; and

(h) Other appropriate agencies as determined by the Governor.

(3) Subject to the direction of the Governor, the team shall:

(a) Develop mechanisms to increase coordination among agencies on common activities;

(b) Coordinate the activities of state agencies on specific state and local projects;

(c) Coordinate the planning and permitting activities of state agencies for the sites identified for industrial or traded sector development under section 12, chapter 800, Oregon Laws 2003;

(d) Coordinate activities of the regulatory efficiency group agencies with local governments;

(e) Coordinate the grant and loan activities of state agencies to implement section 12, chapter 800, Oregon Laws 2003;

(f) Participate in the rulemaking activities of regulatory efficiency group agencies to coordinate economic development activities;

(g) Prepare a report for the Seventy-second Legislative Assembly on the sites identified for industrial or traded sector development under section 12, chapter 800, Oregon Laws 2003, including a description of each site and the economic benefit expected from site development. If fewer than 25 sites are identified, the report must include an analysis of why the target set forth in section 12, chapter 800, Oregon Laws 2003, was not achieved;

(h) Prepare a report for the Seventy-second Legislative Assembly with specific recommendations regarding the future of the team; and

(i) Undertake other activities as directed by the Governor.

(4) The team shall establish an advisory committee of individuals familiar with agency permit procedures to advise the Governor and the regulatory efficiency group agencies on permit issues related to economic development.

(5) The team shall submit a report detailing its activities to the Legislative Assembly in the manner described in ORS 192.245 not later than January 31 of each odd-numbered year. The report must include:

(a) Case studies that demonstrate the types of problems encountered in coordinating agency functions;

(b) Case studies that demonstrate statutory impediments to efficient economic development; and

(6) The team or a state agency working with the team to implement ORS 284.545 to 284.565 and sections 12 and 15 to 20, chapter 800, Oregon Laws 2003, or a state agency implementing ORS 284.570 to 284.585 may:

(a) Accept and expend funds received from gifts, grants or other sources as necessary to perform activities authorized under ORS 284.545 to 284.565 and sections 12 and 15 to 20, chapter 800, Oregon Laws 2003, or ORS 284.570 to 284.585.

(b) Enter into contracts and other agreements as necessary to perform activities authorized under ORS 284.545 to 284.565 and sections 12 and 15 to 20, chapter 800, Oregon Laws 2003, or ORS 284.570 to 284.585. [2003 c.800 §13]

284.560 Duties of team. The Economic Revitalization Team established pursuant to ORS 284.555, acting through the regulatory efficiency group agencies, shall:

(1) Give priority to expediting permits or other actions necessary for development projects proposed for a site identified for industrial or traded sector development under section 12, chapter 800, Oregon Laws 2003; and

(2) Take actions that are necessary to facilitate the implementation of the state economic development strategy developed under ORS 284.570. [2003 c.800 §14]

284.565 Development of process for certifying sites ready for industrial or traded sector development. The Oregon Business Development Department, in coordination with the Economic Revitalization Team established pursuant to ORS 284.555, shall develop and administer a process for certifying sites throughout the state that are ready for industrial or traded sector development. [2003 c.800 §21]

284.570 Development of state economic development strategy; advisory committee; rules; focus of strategy. (1) The Governor shall direct the Oregon Business Development Commission, in consultation with the Economic Revitalization Team established pursuant to ORS 284.555 and other state agencies as appropriate, to appoint an advisory committee composed of representatives of local governments, ports, local economic development organizations and private industry and other individuals familiar with economic development strategies to assist the commission in developing a state economic development strategy. The commission shall, by administrative rule, adopt and periodically update the strategy. The strategy must focus on:

(a) Creating, expanding and retaining Oregon businesses;

(b) Assisting in the development and growth of competitive industrial sectors;

(d) Providing economic development tools and resources to Oregon communities;

(e) Assisting local communities and regions in developing and maintaining economic development plans that are coordinated with the state economic development strategy;

(f) Providing an adequate supply of industrial, commercial and retail sites available for immediate development inside urban growth boundaries;

(g) Providing public infrastructure in a timely manner;

(h) Resolving constraints on and removing barriers to the timely development of industrial and traded sector sites; and

(i) Developing recommendations for prioritizing state loans, grants and technical assistance to local governments that meet the objectives of the state economic development strategy.

(2) The commission shall present the state economic development strategy to the Governor and the Seventy-second Legislative Assembly not later than June 30, 2004, including a report on actions taken to implement the strategy. [2003 c.800 §25]

284.575 Duties of Department of Transportation related to state economic development strategy. In furtherance of the state economic development strategy developed under ORS 284.570, the Department of Transportation shall:

(1) Develop a process to prioritize funding for transportation projects that further the state economic development strategy.

(2) Develop and maintain state transportation policies and a comprehensive long-range plan for a safe, multimodal transportation system that encourages economic efficiency and orderly economic development and that maximizes the use of existing transportation infrastructure.

(3) Take actions that are necessary to ensure that department policies and activities are implemented in a manner that supports the state economic development strategy.

(4) Expedite the processing of permits issued by the department for transportation projects that further the state economic development strategy. [2003 c.800 §27]

284.577 State and local cooperation to provide industrial, commercial and retail development sites; implementation of state economic development strategy; rules. In furtherance of the state economic development strategy developed under ORS 284.570, the Land Conservation and Development Commission shall:

(1) Provide local governments with basic and advanced methods for identifying, analyzing and providing for industrial, commercial and retail development sites.

(2) Develop and provide guidebooks and other appropriate materials to assist local governments in identifying and analyzing potential industrial, commercial and retail development sites.

(3) Provide local governments with technical assistance to assist in completing the identification and analysis and in amending comprehensive plans and land use regulations based on the identification and analysis.

(4) Provide grants to local governments in a manner that furthers the implementation of the state economic development strategy.

(5) Adopt, amend or repeal administrative rules and procedures as necessary to ensure that the following actions can be accomplished in a timely manner:

(a) Expansion of urban growth boundaries where necessary to accommodate industrial or traded sector development;

(b) Review of amendments to comprehensive plans and land use regulations and periodic review of comprehensive plans and land use regulations; and

(c) Focus the resources of the Department of Land Conservation and Development on issues related to land supply within urban growth boundaries and transportation and public facilities necessary to stimulate economic growth. [2003 c.800 §26]

284.580 Role of local governments in implementation of state economic development strategy. Local governments, as defined in ORS 174.116, shall participate in the implementation of the state economic development strategy developed under ORS 284.570 by demonstrating a willingness to:

(1) Coordinate local economic development plans with the state economic development strategy; and

(2) Expedite amendments to comprehensive plans and land use regulations. [2003 c.800 §29]

284.585 Assistance to local governments; site assessment methodology. In furtherance of the state economic development strategy developed under ORS 284.570, the Department of State Lands shall:

(1) Consistent with ORS 196.674, focus wetlands inventories on areas described in the state economic development strategy. The department may provide grants and technical assistance to local governments to conduct the inventories.

(2) Develop a site assessment methodology for rapidly determining the capacity of a site for economic development. The methodology shall address site-specific impediments to development and any costs associated with compliance with ORS 196.800 to 196.900. [2003 c.800 §28]

PACIFIC NORTHWEST MANUFACTURING PARTNERSHIP

284.590 Legislative findings. The Legislative Assembly finds that:

(1) New approaches are needed to plan the way economic development takes place in the manufacturing sectors of this state. The concept of manufacturing business ecosystems has become relevant as the focus of economic development in manufacturing sectors extends to regional economic communities of interacting organizations and individuals who produce and consume goods and services in a specified region. Such manufacturing business ecosystems include suppliers, lead producers, competitors, investors, consumers and other stakeholders.

(2) Over time, manufacturing business ecosystems evolve as members share capabilities and resources and align objectives. Such manufacturing business ecosystems enable regions of similar focus and interests to share visions, align investments and provide mutually supportive roles that benefit the entire region, resulting in job creation and maintenance, leverage of advantages and opportunities, coordination of research and commercialization, acceleration of new technologies across manufacturing industries, growth of small- and medium-sized businesses, collaborative development of public infrastructure and increased access to capital.

(3) Providing legislative support to the efforts of manufacturing business ecosystems and designating an entity to unify efforts, provide oversight and leverage regional resources and strengths, are appropriate and innovative means of moving forward with manufacturing economic development in Oregon.

(4) There has been extensive progress toward creating a manufacturing business ecosystem, called the Pacific Northwest Manufacturing Partnership, in the southwest part of the State of Washington and the geographic region located within the Willamette Valley and the Columbia River corridor in Oregon. The partnership was formed in response to a federal initiative known as the Investing in Manufacturing Communities Partnership program in the United States Economic Development Administration which aims to accelerate the resurgence of manufacturing in the United States. The federal initiative seeks to encourage communities to develop comprehensive economic development strategies and best practices that will strengthen the communities’ competitive edge for attracting global manufacturer and supply chain investments. The partnership will make application to the federal initiative program for a federal designation as a manufacturing community in accordance with the program requirements and geographical limitations. The partnership is an example of the type of business ecosystem that this state should encourage and support, and may serve as a model for future partnerships for manufacturing economic development in other regions of this state and the Pacific Northwest. [2015 c.22 §1]

284.592 Definitions for ORS 284.590 to 284.597. As used in ORS 284.590 to 284.597:

(1) “Geographic region” means the following regions and counties:

(a) South Willamette Valley, comprising Benton, Lane and Linn Counties.

(b) Mid-Willamette Valley, comprising Marion and Polk Counties.

(c) Mid-Columbia Valley, comprising Hood River, Sherman and Wasco Counties in the State of Oregon and Klickitat County in the State of Washington.

(d) Portland Metro, comprising Clackamas, Columbia, Multnomah, Washington and Yamhill Counties in the State of Oregon and Clark and Skamania Counties in the State of Washington.

(2) “Manufacturing economic development” means economic development in manufacturing sectors, including but not limited to manufacturing activities related to primary metals, wood products, semiconductors, electronics, medical devices, food processing, technological inputs and machinery.

(3) “Partnership” means the Pacific Northwest Manufacturing Partnership, a collaborative alliance of governmental agencies, educational institutions, manufacturing firms and associations, research facilities, workforce boards, labor organizations and manufacturing economic development entities that has been established in geographic regions in this state for the purpose of:

(a) Integrating knowledge, innovation, research, technology, science, industry, resources and priorities for manufacturing economic development in the geographic regions; and

(b) Enhancing the geographic regions’ capacity as manufacturing business ecosystems. [2015 c.22 §2]

284.594 Pacific Northwest Manufacturing Partnership Advisory Committee; duties. (1) The Oregon Business Development Department may appoint a Pacific Northwest Manufacturing Partnership Advisory Committee to advise and make recommendations to the department regarding the Pacific Northwest Manufacturing Partnership and manufacturing economic development in this state.

(2) The advisory committee, if appointed, shall advise and make recommendations to the department regarding the following:

(a) Goals and objectives of the partnership;

(b) Policies, practices and procedures for the operation of the partnership, including but not limited to the following:

(A) The manner in which members will convene and communicate to further the partnership’s goals and objectives;

(B) The establishment of advisory and standing committees to accomplish discrete goals or objectives of the partnership and prescribing the manner in which committees will report on recommendations to the partnership and the department;

(C) Determining the distribution of responsibilities, including financial responsibilities, among members of the partnership;

(D) Creating protocols for conflict avoidance and conflict resolution to resolve competing interests; and

(E) Resolving any other issues of governance structure that arise in carrying out the goals and objectives of the partnership;

(c) Making grants or loans, or providing other financial or technical assistance, to individuals and entities that have made application for assistance or submitted proposals for manufacturing economic development projects that will further the goals and objectives of the partnership;

(d) Establishing guidelines and standards for manufacturing economic development projects that will receive financial and technical assistance from the partnership, including applicant eligibility requirements;

(e) Developing outcome measures and other means for evaluating the progress or success of manufacturing economic development projects that have been funded, supported or undertaken by the partnership;

(f) Identifying statistical compilation and other research endeavors that would assist the partnership to achieve its goals and objectives;

(g) Coordinating efforts and expertise of members, identifying research that is needed to further the goals and objectives of the partnership, aligning resources and projects and providing other leadership that will maximize return on investments in the geographical region represented by the partnership; and

(h) Creating a website for the partnership that will provide information about the goals, objectives, purposes and projects of the partnership.

(3) The Director of the Oregon Business Development Department shall appoint members to the advisory committee so as to reflect the geographic regions described in ORS 284.592.

(4) The department shall provide staff support to the advisory committee.

(5) If the Oregon Business Development Department appoints the Pacific Northwest Manufacturing Partnership Advisory Committee, in each year that the advisory committee is active, the department and the advisory committee shall report to the committees of the Legislative Assembly related to business and economic development regarding the implementation of ORS 284.590 to 284.597, commencing January 1, 2017. [2015 c.22 §3; subsection (5) of 2017 Edition enacted as 2015 c.22 §5]

Note: 284.594 (5) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 284 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

284.597 Regional collaboration regarding manufacturing economic development; proposals for federal funds; authority to enter into agreements. (1) The Oregon Business Development Department shall facilitate regional collaboration among manufacturing economic development stakeholders through consultation with and support of the Pacific Northwest Manufacturing Partnership in the geographic regions represented by the partnership by:

(a) Providing financial assistance to businesses, programs and entities engaged in manufacturing economic development that are working in collaboration with, or with the financial or technical assistance of, the partnership;

(b) Identifying and recruiting qualified investors and other sources of capital to support members of the partnership or manufacturing economic development projects identified by the partnership that are eligible for financial or technical assistance; and

(c) Entering into contracts and agreements with institutions of higher education, research facilities, economic development entities and other manufacturing economic development entities for the purpose of supporting the goals and objectives of the partnership.

(2) The department shall act on behalf of the partnership to apply or submit proposals for any federal funds, at the request of the partnership, that the partnership and the department determine will assist the partnership to achieve its goals and objectives, including but not limited to funding available to designated manufacturing communities through the Investing in Manufacturing Communities Partnership program in the United States Economic Development Administration. The department may accept and enter into any contracts or agreements on behalf of the partnership for the receipt of the funds from the federal government or its agencies. [2015 c.22 §4]

284.600 [Formerly 285A.150; repealed by 2017 c.532 §16]

284.604 [Formerly 285A.153; repealed by 2017 c.532 §16]

284.608 [Formerly 285A.156; repealed by 2017 c.532 §16]

284.610 [1985 c.814 §3; 1987 c.837 §3; 1991 c.488 §1; 1993 c.210 §1; 1999 c.274 §3; repealed by 2001 c.922 §35]

284.612 [Formerly 285A.159; 2009 c.885 §20; repealed by 2017 c.532 §16]

284.615 [Formerly 285A.162; repealed by 2017 c.532 §16]

284.618 [Formerly 285A.165; repealed by 2017 c.532 §16]

284.620 [1985 c.814 §1; 1991 c.488 §2; 1993 c.210 §2; repealed by 1999 c.274 §22]

284.622 [Formerly 285A.168; repealed by 2017 c.532 §16]

284.625 [Formerly 285A.170; repealed by 2017 c.532 §16]

284.628 [Formerly 285A.174; repealed by 2017 c.532 §16]

284.630 [1985 c.814 §4; 1987 c.94 §101; 1987 c.837 §10; 1987 c.879 §12; 1993 c.210 §3; 1997 c.802 §15; 1999 c.274 §4; repealed by 2001 c.922 §35]

284.631 [2009 c.885 §18; repealed by 2017 c.532 §16]

284.633 [2009 c.885 §19; 2011 c.637 §91; repealed by 2017 c.532 §16]

284.635 [2009 c.885 §21; repealed by 2017 c.532 §16]

284.640 [1985 c.814 §2; 1987 c.837 §4; 1991 c.488 §3; 1993 c.210 §4; 1999 c.274 §5; repealed by 2001 c.922 §35]

284.650 [1985 c.814 §6; 1987 c.837 §5; 1989 c.908 §61; 1993 c.210 §§5,6; 1999 c.274 §6; repealed by 2001 c.922 §35]

284.655 [1999 c.274 §2; repealed by 2001 c.922 §35]

284.660 [1985 c.814 §6a; 1993 c.210 §8; repealed by 1999 c.274 §22]

284.665 [1999 c.274 §9; repealed by 2001 c.922 §35]

284.670 [1985 c.814 §5; 1987 c.837 §6; 1989 c.908 §62; 1993 c.210 §§9,10; repealed by 1999 c.274 §22]

284.675 [1999 c.274 §10; repealed by 2001 c.922 §35]

284.680 [1985 c.814 §8; 1987 c.837 §7; 1989 c.259 §1; 1991 c.488 §4; 1993 c.210 §12; repealed by 1999 c.274 §22]

284.690 [1985 c.814 §9; 1987 c.837 §8; 1991 c.488 §5; 1993 c.210 §13; repealed by 1999 c.274 §22]

284.695 [1989 c.1090 §4; 1993 c.210 §14; repealed by 1999 c.274 §22]

284.700 [1985 c.814 §10; 1991 c.488 §6; 1993 c.210 §15; repealed by 1999 c.274 §22]

OREGON INNOVATION COUNCIL

284.701 Definitions for ORS 284.701 to 284.749. As used in ORS 284.701 to 284.749:

(1) “Equity investment” means any investment not prohibited under Article XI, section 6, of the Oregon Constitution.

(2) “Innovation-based economic development” includes, but is not limited to, a technology, product, process or innovation that:

(a) Derives from and supports innovation and research;

(b) Promotes Oregon’s market capacities and competitive advantages;

(d) Facilitates the creation of new products, processes and services that retain and create high-wage jobs;

(e) Involves the establishment of partnerships between and collaboration with research institutions, the private sector and public entities; and

(f) Endeavors to transfer innovative technologies to the private sector or to commercialize innovative research and development.

(3) “Oregon growth business” means:

(a) An individual, group of individuals or private sector business entity, including but not limited to a partnership, limited liability company, corporation, firm, association or other business entity, that engages in business that furthers innovation-based economic development, that has the capacity, upon obtaining appropriate capital, to generate significant high-skill, high-wage employment in Oregon and that conducts business in Oregon; or

(b) An emerging growth business consisting of an individual or group of individuals or a new or small company, including but not limited to any new or small partnership, limited liability company, corporation, firm, association or other business entity, that has the capacity, upon obtaining appropriate capital, to generate significant high-skill, high-wage employment.

(4) “Public entity” means any agency of the federal or state government, county, city, town, public corporation or political subdivision in this state.

(5) “Research institution” means:

(a) A community college as defined in ORS 341.005;

(b) A public university listed in ORS 352.002;

(d) An Oregon-based, generally accredited, not-for-profit private institution of higher education;

(e) A federal research laboratory conducting research in Oregon;

(f) A private not-for-profit research institution located in Oregon;

(g) An institution for higher education as defined in ORS 289.005; or

(h) A private institution of higher education located in Oregon.

(6) “Traded sector” has the meaning given that term in ORS 285A.010. [2005 c.748 §1; 2011 c.610 §1; 2011 c.637 §92; 2012 c.90 §20; 2019 c.131 §1]

284.705 [1987 c.837 §§2,12; 1991 c.488 §7; 1993 c.210 §16; 1999 c.274 §7; repealed by 2001 c.922 §35]

284.706 Oregon Innovation Council; members; powers and duties; compensation and expenses. (1) There is created the Oregon Innovation Council consisting of the following voting members:

(a) The Governor or the Governor’s designated representative, who shall be chairperson of the council.

(b) Seven members appointed by the Governor who are experienced entrepreneurs or investors or are engaged in the operations of Oregon traded sector industries or Oregon growth businesses.

(c) Two members appointed by the Governor who represent Oregon-based higher education. Members may include a representative of an Oregon-based, generally accredited community college, a public university listed in ORS 352.002, Oregon Health and Science University or an Oregon-based, generally accredited, not-for-profit private institution of higher education.

(d) A member of the Oregon Growth Board, appointed by the board, who is experienced in making direct investments in new growth-based companies.

(e) A private sector member of the State Workforce and Talent Development Board.

(f) The Director of the Oregon Business Development Department or a designee of the director.

(g) The executive director of the Higher Education Coordinating Commission.

(h) The State Treasurer.

(2)(a) The Speaker of the House of Representatives shall appoint two members to the council who are members of the House of Representatives.

(b) The President of the Senate shall appoint two members to the council who are members of the Senate.

(c) Members of the Legislative Assembly appointed to the council are nonvoting members and may act in an advisory capacity only.

(3) The presiding officer of the Oregon Business Development Commission shall serve as an ex officio, nonvoting member of the council.

(4) The term of office of each appointed voting member of the council is three years, but an appointed member serves at the pleasure of the appointing authority. Before the expiration of the term of an appointed voting member, the appointing authority shall appoint a successor whose term begins on July 1 next following. An appointed member is eligible for reappointment for two additional terms. If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective for the remainder of the unexpired term.

(5) A majority of the actual membership of the council at the time of a meeting constitutes a quorum for the transaction of business.

(6) Official action by the council requires the approval of a majority of the actual membership of the council at the time of the meeting.

(7) The council shall meet at least four times per fiscal year at a place, day and time determined by the chairperson. The council may also meet at other times and places specified by a call of the chairperson or by written request of a majority of the voting members of the council.

(8) The council may adopt rules necessary for the operation of the council.

(9) The council shall establish an audit committee that shall monitor performance of council contracts and of any grant agreement for an amount in excess of $150,000.

(10) The council may establish other committees and delegate to the committees duties as the council considers desirable.

(11) The Oregon Business Development Department shall provide staff support to the council.

(12) Members of the council who are members of the Legislative Assembly are entitled to compensation and expense reimbursement as provided in ORS 171.072.

(13) Members of the council who are not members of the Legislative Assembly are entitled to compensation and expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495. Claims for compensation and expenses of members of the council who are public officers shall be paid out of funds appropriated to the public agency that employs the member. Claims for compensation and expenses of members of the council who are not public officers shall be paid out of funds appropriated to the Oregon Business Development Department for that purpose.

(14) All agencies of state government, as defined in ORS 174.111, are directed to assist the council in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the council consider necessary to perform their duties. [2005 c.748 §2; 2007 c.804 §85; 2011 c.272 §13; 2011 c.610 §2; 2012 c.90 §§21,31; 2013 c.230 §§4,5; 2013 c.732 §7; 2013 c.747 §206; 2013 c.768 §177; 2015 c.196 §1; 2015 c.682 §9; 2017 c.297 §42; 2017 c.532 §14; 2019 c.131 §2]

284.710 [1985 c.814 §11; 1991 c.488 §8; 1993 c.210 §17; repealed by 1999 c.274 §22]

284.711 Duty to advise; distribution of moneys; fees. (1) The Oregon Innovation Council shall provide advice to the Governor, the Legislative Assembly, research institutions, public agencies that support economic development and the private sector on issues related to:

(a) Promoting the commercialization of research from the private sector, universities and colleges, including investments in signature research centers where Oregon has a distinct or emerging advantage;

(b) Stimulating seed and start-up capital investment and entrepreneurial capacity that will promote economic growth in Oregon traded sector industries or Oregon growth businesses; and

(c) Developing the entrepreneurial and management capacity critical to the competitiveness of Oregon traded sector industries or Oregon growth businesses in rapidly growing global markets.

(2) The council, the Oregon Business Development Commission, the Higher Education Coordinating Commission and the office of the State Treasurer shall coordinate policies and programs related to the duties of the council.

(3) Based on the state plan developed under ORS 284.715, on grants, loans and equity investments made under ORS 284.742 and on other relevant data and information, and subject to the approval of the Oregon Business Development Department, the council may distribute moneys in the Oregon Innovation Fund by grant, loan or equity investment or pursuant to contracts with research institutions, the private sector and public entities.

(4) The council may assess and charge fees for making grants, loans or equity investments under ORS 284.742. [2005 c.748 §4; 2011 c.610 §3; 2015 c.196 §2; 2015 c.682 §8; 2015 c.767 §86; 2019 c.131 §3]

284.715 State plan for innovation and economic competitiveness. (1) The Oregon Innovation Council shall develop a state plan for innovation and economic competitiveness. The plan shall include policy and program recommendations to:

(a) Identify and expand the state’s industry and core research strengths related to Oregon traded sector industries, Oregon growth businesses and higher education that have the highest potential for commercialization and economic impact;

(b) Enhance the entrepreneurial ecosystem that promotes the development and growth of new innovation-based businesses and assists existing businesses in developing new products;

(c) Stimulate seed and start-up capital investment and entrepreneurial capacity that will promote innovation-based economic development in Oregon traded sector industries or Oregon growth businesses; and

(d) Develop an innovation index that benchmarks Oregon to national averages on a variety of innovation metrics.

(2) The council shall complete the plan every biennium.

(3) Each biennium, the council shall report to the Governor and the Legislative Assembly about the plan. [2005 c.748 §5; 2011 c.610 §4; 2015 c.196 §3; 2019 c.131 §4]

284.720 Oregon Innovation Fund. (1) There is created within the State Treasury, separate and distinct from the General Fund, the Oregon Innovation Fund. Interest earned by the Oregon Innovation Fund shall be credited to the fund.

(2) Moneys in the Oregon Innovation Fund shall consist of:

(a) Amounts donated to the fund;

(b) Amounts appropriated or otherwise transferred to the fund by the Legislative Assembly;

(d) Other amounts deposited in the fund from any source.

(3) Moneys in the fund are continuously appropriated to the Oregon Innovation Council for the purposes of making grants, loans and equity investments under ORS 284.742 and, subject to the approval of the Oregon Business Development Department, entering into contracts and grant agreements to carry out the recommendations included in the state plan developed under ORS 284.715.

(4) The council may establish accounts and subaccounts within the fund when the council determines that accounts or subaccounts are necessary or desirable and may credit any interest or income derived from moneys in the fund to any account or subaccount in the fund.

(5) The council may use moneys in the fund to pay the administrative costs associated with the fund and with making grants, loans, equity investments and other distributions of moneys from the fund. [2005 c.748 §7; 2011 c.610 §5; 2019 c.131 §5]

284.725 [2005 c.748 §8; 2009 c.805 §4; 2011 c.610 §6; repealed by 2019 c.131 §8]

284.730 [2005 c.748 §10; repealed by 2019 c.131 §8]

284.735 [2005 c.748 §9; 2011 c.610 §7; 2015 c.767 §87; repealed by 2019 c.131 §8]

Note: Section 14, chapter 131, Oregon Laws 2019, provides:

Sec. 14. Notwithstanding the repeal of ORS 284.735 by section 8 of this 2019 Act, the State Chief Information Officer shall include in the economic development section on the Oregon transparency website required under ORS 276A.253 (4)(d) the names of persons who received grants or loans from the Oregon Innovation Council under ORS 284.735 as in effect immediately before the effective date of this 2019 Act [May 22, 2019], and the purpose and amount of the grant or loan, as long as any persons receive such grants or loans. [2019 c.131 §14]

284.740 Oregon Innovation Council signature research centers. (1) The Oregon Innovation Council may establish one or more signature research centers to maximize collaborative ventures among research institutions, public entities and Oregon growth businesses that will capitalize on opportunities to obtain private and federal funding for the research and development of innovation-based economic development.

(2) The council may contract with nonprofit or other entities for the administration of one or more centers.

(3) Signature research centers, Oregon growth businesses and research institutions contracting to engage in innovation-based economic development, to conduct research within a signature research center or to engage in other business endeavors, as defined by the Oregon Innovation Council by rule, may receive grants and loans from moneys in the Oregon Innovation Fund created under ORS 284.720. [2005 c.748 §11; 2011 c.610 §8; 2019 c.131 §6]

284.742 Grants, loans and equity investments for innovation-based economic development; contracts to manage equity investments; fees; rules. (1) Subject to the approval of the Oregon Business Development Department, the Oregon Innovation Council may make grants, loans and equity investments from the Oregon Innovation Fund created under ORS 284.720 to fund proposals that have as their principal objectives:

(a) The establishment of partnerships between, and collaborations with, research institutions and Oregon growth businesses for innovation-based economic development; or

(b) The transfer of innovation-based economic development technology to the private sector or the commercialization of innovation-based economic development research and development in Oregon.

(2)(a) The council may contract with one or more management companies to manage equity investments for purposes of this section and the programs funded by the Oregon Innovation Fund created under ORS 284.720.

(b) A contract entered into under this subsection may be:

(A) A partnership agreement under which the council is the limited partner and the management company is the general partner; or

(B) Another form of payment or profit-sharing arrangement under which the council may receive payment or another form of return in exchange for the council’s investment.

(c) A contract entered into under this subsection shall require any management company managing investments pursuant to this subsection to:

(A) Manage the investments subject to the policies and procedures and investment directives and strategies of the council or, if requested by the council, the Oregon Growth Board, with the care, skill and diligence that a prudent investor acting in a similar capacity and familiar with such investments would use in managing the investments; and

(B) Invest in Oregon an amount that is at least equal to the amount of the principal transferred from the Oregon Innovation Fund to the management company for investment.

(3)(a) To qualify for a grant, loan or equity investment under subsection (1) of this section, a proposal must be submitted to the Oregon Innovation Council in the manner and with a fee as may be prescribed by rule.

(b) All proposals funded under subsection (1) of this section must include performance metrics or reporting requirements or both, as prescribed by rule.

(4) The Oregon Business Development Department may adopt rules to implement programs recommended by the council to administer the provisions of this section or for other activities recommended by the council to promote innovation-based economic development. [2011 c.610 §10; 2019 c.131 §7]

284.745 Definitions for ORS 284.745 to 284.749. As used in ORS 284.745 to 284.749, “bond-related costs” means:

(1) The costs and expenses of issuing and administering bonds under ORS 284.745 to 284.749, including but not limited to:

(a) Paying or redeeming the bonds, including principal, interest and premium, if any;

(b) Paying amounts due in connection with credit enhancement devices or reserve instruments;

(c) Paying the administrative costs and expenses of the State Treasurer, the Oregon Business Development Department and the Oregon Innovation Council, including the cost of consultants, attorneys and advisers retained by the State Treasurer, the department or the council for the bonds; and

(d) Any other costs or expenses that the State Treasurer, the department or the council determines are necessary or desirable in connection with issuing or administering the bonds;

(2) The cost of funding bond reserves;

(3) Capitalized interest for the bonds; and

(4) Rebates or penalties due to the United States in connection with the bonds. [2011 c.610 §11]

284.746 Revenue bonds for financing innovation-based economic development; issuance; use of proceeds; nature of revenue bonds; bondholders’ liens; statute as contract with bondholders; powers of council. (1)(a) The Oregon Innovation Council, in consultation with the Oregon Business Development Department, shall determine eligibility for revenue bond financing of proposals for funding under ORS 284.742 pursuant to rules adopted by the council in consultation with the department.

(b) After determining that a proposal, grant, loan or equity investment is eligible for revenue bond financing under paragraph (a) of this subsection, the department shall forward a request for the issuance of revenue bonds to the State Treasurer.

(2) The State Treasurer may issue revenue bonds subject to the budget authorization for bond issuance established under ORS 286A.035 for the department and the council for the purpose of financing or refinancing, in whole or part, grants, loans and equity investments made under ORS 284.742, plus an additional amount to be estimated by the State Treasurer for payment of bond-related costs.

(3) Net proceeds of the revenue bonds issued pursuant to this section must be deposited in the Oregon Innovation Bond Fund established under ORS 284.747 for disbursement to the council to finance the making of grants, loans and equity investments under ORS 284.742.

(4) Bond-related costs must be paid from the gross proceeds of the revenue bonds issued under this section and from moneys deposited in an account or subaccount of the Oregon Innovation Fund that has been established by the council specifically for this purpose.

(5) The department and the council, with the approval of the State Treasurer, may irrevocably pledge and assign all or a portion of the moneys deposited in an account or subaccount of the Oregon Innovation Fund that has been established by the council specifically for the purpose of securing revenue bonds issued under this section or credit enhancements obtained for the revenue bonds issued under this section.

(6) Revenue bonds issued under this section:

(a) Are payable from the moneys deposited in an account or subaccount of the Oregon Innovation Fund that has been established by the council specifically for the purpose of making payments on revenue bonds issued under this section.

(b) Do not constitute a debt or general obligation of the state, the Legislative Assembly or a political subdivision of this state but are secured solely by:

(A) The moneys deposited in an account or subaccount of the Oregon Innovation Fund that has been established by the council specifically for the purpose of making payments on revenue bonds issued under this section;

(B) Amounts in a debt service reserve account established with respect to revenue bonds issued under this section; or

(7) The State Treasurer, the department and the council have no obligation to pay bond-related costs except as provided in this section. A holder of revenue bonds or other similar obligations issued under this section does not have the right to compel the exercise of the taxing power of the state to pay bond-related costs.

(8) The holders of revenue bonds issued under this section, upon the issuance of the revenue bonds, have a perfected lien on the moneys deposited in an account or subaccount of the Oregon Innovation Fund that has been established by the council specifically for the purpose of securing and making payments on revenue bonds issued under this section or credit enhancements obtained for the revenue bonds issued under this section. The lien and pledge are valid and binding from the date of issuance of the revenue bonds and are automatically perfected without physical delivery, filing or other act. The lien and pledge are superior to subsequent claims or liens on the moneys deposited in the Oregon Innovation Fund.

(9) As long as any revenue bonds issued under this section are outstanding, the provisions of this section and the provisions of a security document related to the revenue bonds are deemed to be contracts between the state and holders of the revenue bonds. The state:

(a) May not create a lien, encumbrance or any other obligation that is superior to the liens authorized by subsection (8) of this section on the moneys in the Oregon Innovation Fund that are pledged and assigned to the payment of the revenue bonds; and

(b) May not give force or effect to a statute or initiative or referendum measure approved by the electors of this state if doing so would unconstitutionally impair existing covenants made with the holders of existing revenue bonds or would unconstitutionally impair other obligations or agreements regarding the security of revenue bonds to which the moneys deposited in the Oregon Innovation Fund are pledged and assigned.

(10) The council is authorized to establish separate accounts or subaccounts within the Oregon Innovation Fund for separate bond issues.

(11) The council may:

(a) Make all contracts, execute all instruments and do all things necessary or convenient in the exercise of the powers granted by this section, in the performance of its covenants or duties, or in order to secure the payment of revenue bonds issued under this section; and

(b) Enter into covenants for the benefit of bond holders regarding the use and expenditure of moneys in the Oregon Innovation Fund.

(12) The State Treasurer, the department or the council may appoint bond counsel as prescribed in ORS 286A.130. [2011 c.610 §12; 2019 c.131 §12]

284.747 Oregon Innovation Bond Fund. (1) The Oregon Innovation Bond Fund is established in the State Treasury, separate and distinct from the General Fund. The net proceeds from the sale of revenue bonds issued under ORS 284.746 must be credited to the Oregon Innovation Bond Fund. Investment earnings received on moneys in the fund must be credited to the fund.

(2) Moneys in the fund are continuously appropriated to the Oregon Innovation Council for the purpose of making grants, loans and equity investments under ORS 284.742. [2011 c.610 §13; 2019 c.131 §13]

284.748 Oregon Innovation Debt Service Fund. (1) The Oregon Innovation Debt Service Fund is established in the State Treasury, separate and distinct from the General Fund. The Oregon Innovation Debt Service Fund consists of:

(a) An amount from the moneys deposited in the Oregon Innovation Fund credited to the Oregon Innovation Debt Service Fund by the State Treasurer that is necessary in a fiscal year, as determined by the Oregon Innovation Council, in consultation with the Oregon Business Development Department and the State Treasurer, to pay the bond-related costs scheduled to be paid in that fiscal year on the revenue bonds issued under ORS 284.746;

(b) Any funds appropriated or allocated to the Oregon Innovation Debt Service Fund; and

(2) Moneys in the Oregon Innovation Debt Service Fund are continuously appropriated to the Oregon Innovation Council to pay, when due, the bond-related costs on outstanding revenue bonds, to fund revenue bond reserves and to pay amounts due in connection with credit enhancements.

(3) The council, in consultation with the department and the State Treasurer, shall use amounts in the Oregon Innovation Debt Service Fund to pay, when due, the bond-related costs on outstanding revenue bonds, to fund revenue bond reserves and to pay amounts due in connection with credit enhancements.

(4) If the moneys deposited in the Oregon Innovation Fund are not sufficient to pay the bond-related costs due to be paid in a fiscal year, the council, in consultation with the department and the State Treasurer, shall make payments in that fiscal year according to the relative priority of revenue bonds secured by the moneys deposited in the Oregon Innovation Fund. [2011 c.610 §14]

284.749 Oregon Innovation Bond Administration Fund. (1) The Oregon Innovation Bond Administration Fund is established in the State Treasury, separate and distinct from the General Fund. The Oregon Innovation Bond Administration Fund consists of:

(a) The amount of revenue bond proceeds remaining after depositing the net proceeds in the Oregon Innovation Bond Fund pursuant to ORS 284.747;

(b) The proceeds of revenue bonds issued to pay bond-related costs;

(d) Investment earnings received on moneys in the Oregon Innovation Bond Administration Fund.

(2) Moneys in the Oregon Innovation Bond Administration Fund are continuously appropriated to the Oregon Innovation Council for paying bond-related costs during the term of revenue bonds issued under ORS 284.746.

(3) The council, in consultation with the Oregon Business Development Department and the State Treasurer, may use amounts in the Oregon Innovation Bond Administration Fund to pay bond-related costs during the term of revenue bonds issued under ORS 284.746. Amounts in the fund must be disbursed upon the written request of the council in consultation with the department. [2011 c.610 §15]

284.750 [1987 c.911 §3; 1993 c.744 §14; 1997 c.631 §433; repealed by 2005 c.80 §7]

OREGON SOLUTIONS NETWORK

284.751 Regional collaboration among universities and Oregon Solutions Network; authority to contract; rules. (1) For the purposes of this section, “Oregon Solutions Network” means the Oregon Solutions Network established pursuant to Executive Order 11-12 dated December 16, 2011, including but not limited to regional advisory committees and regional solutions centers within the network.

(2) The Oregon Business Development Department shall facilitate regional collaboration among the University of Oregon, Oregon State University and the Oregon Solutions Network in Lane, Linn and Benton Counties, for the purpose of assisting technology-based, start-up businesses in this state whose primary purpose is to commercialize university-based or university-assisted research and to increase the number of, and ensure the retention of, such businesses in the region.

(3) The collaboration under subsection (2) of this section shall include, but not be limited to, the following:

(a) Providing financial assistance to programs, entities and providers of technical business development and creation assistance and providing support to technology-based, start-up businesses whose primary purpose is to commercialize university-based or university-assisted research.

(b) Identifying and recruiting entrepreneurial talent, qualified investors and other sources of capital.

(c) Acquiring, procuring, furnishing or improving facilities in or near Lane, Linn or Benton Counties, as identified by the University of Oregon, Oregon State University and the Oregon Solutions Network, for the operation or support of businesses receiving assistance under this section, signature research centers and other businesses, programs and entities involved in the commercialization of university-based or university-assisted research.

(d) Establishing, connecting or expanding support programs, directly or indirectly, that provide assistance to technology-based, start-up businesses whose primary purpose is to commercialize university-based or university-assisted research within and outside the region.

(4) The department may enter into contracts and agreements with the University of Oregon, Oregon State University and the Oregon Solutions Network for the purpose of implementing and accomplishing the objectives set forth in subsection (3) of this section.

(5) The department shall adopt rules to implement the provisions of this section. [2013 c.762 §§1,2]

REGIONAL SOLUTIONS PROGRAM

284.752 Definitions for ORS 284.752 to 284.754. As used in ORS 284.752 to 284.754:

(1) “Community and economic development” means development that:

(a) Relates to, supports and promotes the policies and objectives of the Regional Solutions Program established under ORS 284.754;

(b) Promotes, expands or prevents the decline of local, regional and statewide industries and businesses located or to be located in Oregon;

(d) Improves the economy in Oregon.

(2) “Grant, loan or incentive program” means any program or other type of undertaking that a state agency has been authorized by the Legislative Assembly to establish, implement and fund and that has as one or more of its purposes community and economic development in a region, or that will affect community and economic development in a region of this state.

(3) “Local government” means a city, county, authority or entity organized under state statute or city or county charter, and includes any council of governments created under ORS chapter 190.

(4) “Natural resource agency” means the State Department of Agriculture, the Water Resources Department, the State Department of Fish and Wildlife, the State Forestry Department, the Department of State Lands, the State Department of Geology and Mineral Industries and the State Marine Board.

(5) “Region” means an economic development district in Oregon, created by the Economic Development Administration of the United States Department of Commerce, for which a regional solutions center has been established under ORS 284.754.

(6) “State agency” means an officer, board, commission, department, division, institution, branch or agency in the executive or administrative branch of state government. [2014 c.82 §1]

284.753 Grant, loan and incentive programs; state agencies to apply regional priorities in project funding decisions; factors to consider. In awarding grants, loans or incentive funds for projects undertaken in connection with grant, loan or incentive programs, state agencies listed in ORS 284.754 (3)(a)(A) to (E) shall, consistent with the programs’ enabling legislation, rules and regulations, use regional priorities for community and economic development as described in ORS 284.754 in the consideration of project funding decisions and base decisions of which projects to undertake upon whether the project will:

(1) Use regional and community-based problem solving.

(2) Support regional and community-based means of integrating state and local resources and services.

(3) Create jobs in relation to the economy and population of the region directly impacted by the project.

(4) Involve investment of capital in relation to the economy and population of the region directly impacted by the project.

(5) Have community support, as indicated by the support of the governing body of the local government.

(6) Have obtained appropriate land use and environmental reviews and authorizations prior to utilization of funds. [2014 c.82 §2]

284.754 Regional Solutions Program; centers; teams; advisory committees; duties and responsibilities. (1) The Regional Solutions Program is established within the office of the Governor, in collaboration with state agencies, consisting of regional solutions centers described in subsection (2) of this section, regional solutions teams described in subsection (3) of this section and regional solutions advisory committees described in subsection (4) of this section. The program shall work with state agencies, local governments, public and private entities, philanthropic organizations and academic institutions, as appropriate, to develop and coordinate regional implementation projects, identify regional priorities for community and economic development, address issues and seize opportunities.

(2) The Regional Solutions Program includes regional solutions centers located throughout this state. The centers provide a physical location for, and serve as the primary place for the business and operations of, the regional solutions teams and the regional solutions advisory committees.

(3)(a) Each regional solutions team shall include a regional solutions coordinator and staff. Staff may include, but is not limited to, employees and representatives of the following state agencies:

(A) The Department of Environmental Quality;

(B) The Department of Land Conservation and Development;

(D) The Housing and Community Services Department;

(E) The Oregon Business Development Department; and

(F) Other state agencies identified by the regional solutions coordinator and the regional solutions advisory committee to participate as necessary.

(b) Regional solutions teams shall operate in conjunction and consultation with regional solutions advisory committees.

(c) Regional solutions teams shall address community and economic development by working to address regional issues, priorities and opportunities and leveraging funding opportunities for sound and long-term economic growth.

(d) The directors and staff of the state agencies listed in paragraph (a) of this subsection and natural resource agencies shall work with regional solutions coordinators and regional solutions teams to fulfill regional priorities, in coordination with the office of the Governor.

(e) Regional solutions teams shall review and evaluate regional implementation project proposals submitted in consultation with regional solutions advisory committees.

(f) In considering, reviewing or undertaking regional implementation project proposals or projects that involve significant environmental issues, regional solutions coordinators shall convene all affected stakeholders with the assistance of the Oregon Consensus Program established within the Mark O. Hatfield School of Government for the purpose of providing alternative dispute resolution services to seek to resolve disputed issues, if any.

(4)(a) A regional solutions advisory committee shall be appointed for each region. Each committee shall consist of a minimum of five members appointed by the Governor, and serving at the pleasure of the Governor, as follows:

(A) One local convenor who represents the region, who shall serve as chairperson of the committee;

(B) One representative recommended by the executive body of the Association of Oregon Counties;

(D) One person who represents local and regional business and industry interests; and

(E) One person who represents philanthropic organizations.

(b) Regional solutions advisory committees shall:

(A) Establish regional priorities for community and economic development in the region;

(B) Assist regional solutions coordinators and regional solutions teams with obtaining, and connecting to, resources and funding; and

(c) In considering, reviewing and recommending regional implementation project proposals under this subsection, regional solutions advisory committees shall consider whether the project proposal seeks to address the state’s economically, socially and environmentally sustainable goals and objectives described in ORS 184.423.

(d) Members of the regional solutions advisory committees are not entitled to compensation for the performance of official duties and responsibilities.

(e) The regional solutions coordinators and regional solutions teams shall provide staff to the regional solutions advisory committees as necessary to allow the committees to carry out the provisions of paragraph (b) of this subsection. [2014 c.82 §3]

284.755 [1987 c.911 §§1,2; 1989 c.501 §1; 1997 c.631 §434; repealed by 2005 c.80 §7]

284.760 [1987 c.911 §4; 1997 c.631 §435; repealed by 2005 c.80 §7]

284.765 [1987 c.911 §5; 1997 c.631 §436; repealed by 2005 c.80 §7]

284.770 [1987 c.911 §6; repealed by 2005 c.80 §7]

EASTERN OREGON BORDER ECONOMIC DEVELOPMENT REGION

284.771 Definitions. As used in ORS 284.771 to 284.801, unless the context requires otherwise:

(1) “Eastern Oregon Border Economic Development Region” or “region” means that part of the state that:

(a) Is within 20 miles of the Oregon border with the State of Idaho, and that includes, but is not limited to, the cities of Ontario, Vale and Nyssa;

(b) Includes Willow Creek and Brogan;

(d) Is an area southwest of Vale for a distance of 10 miles.

(2) “Economic development” means development that:

(a) Relates to and supports:

(A) The economic health or recovery of the region;

(B) Business enterprise and activities in the region; or

(b) Creates jobs or prevents the loss of jobs in the region; or

(3) “Law” means statutes, administrative rules and any other form of regulation imposed by this state or a political subdivision of this state.

(4) “Local governing body” means either the county court or board of county commissioners of the county.

(5) “Local government” has the meaning given that term in ORS 174.116.

(6) “Regionally significant industrial site” has the meaning given that term in ORS 285B.626.

(7) “Third-party administrator” means the entity with which the Eastern Oregon Border Economic Development Board enters into an agreement pursuant to ORS 284.781 (4).

(8) “Traded sector” has the meaning given that term in ORS 285A.010.

(9)(a) “Workforce development” means activities or services that assist individuals to attain employment, progress along career pathways or establish and maintain businesses and that promote economic development by making skilled employees more readily available.

(b) “Workforce development” includes:

(A) Education, training and apprenticeships;

(B) Labor market analysis;

(D) Employee recruitment and retention;

(E) Workforce programs that have a primary mission of helping individuals become employed, retain employment, increase wages, progress along career pathways or establish and maintain businesses;

(F) Convening, coordinating, oversight and evaluation activities and services for business and state workforce agencies; and

(G) Development of residential housing necessary to attract and keep employees in the region. [2017 c.703 §1; 2019 c.72 §1; 2020 s.s.1 c.9 §1]

284.775 [1987 c.911 §9; repealed by 2005 c.80 §7]

284.776 Eastern Oregon Border Economic Development Board; members; quorum; meetings; advisory and technical committees; staffing. (1) The Eastern Oregon Border Economic Development Board is established to formulate and implement strategies and practices for strategic investment in workforce development and economic development in the Eastern Oregon Border Economic Development Region and to arrange for the awarding of grants and making of loans for the purpose of encouraging workforce development and economic development in the region.

(2) The board shall consist of seven voting members and one nonvoting member as follows:

(a) The Governor shall appoint seven voting members from a list of eligible appointees with expertise in traded sector business, education, workforce development or economic development provided by the local governing bodies within the region. The Governor shall request an updated list of eligible appointees from the local governing bodies within the region for the purpose of making appointments when vacancies occur.

(b) The Director of the Oregon Business Development Department, or the director’s designee, is an ex officio nonvoting member of the board.

(3) The term of office of each voting member of the board is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a voting member, the Governor shall appoint a successor whose term begins on January 1 next following. A member is eligible for reappointment for a total of two consecutive terms. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

(4) The Governor shall appoint one voting member of the board as the chairperson.

(5) A voting member of the board is entitled to compensation and expenses as provided in ORS 292.495.

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

(7)(a) The board shall meet at least once every three months at a time and place determined by the chairperson. In addition, the board may meet at other times and places specified by the call of the chairperson or of a majority of the members of the board.

(b) Meetings of the board are subject to ORS 192.610 to 192.705 governing public meetings and ORS 192.311 to 192.478 governing public records.

(8) The board may establish any advisory or technical committees the board considers necessary to aid and advise the board in the performance of its functions. The committees may be continuing or temporary committees. The board shall determine the representation, membership, terms and organization of the committees and shall appoint the members of the committees.

(9)(a) Until the board has entered into an agreement with a third-party administrator pursuant to ORS 284.781 (4), the Oregon Business Development Department shall provide staff to the board as necessary to allow the board to carry out the board’s responsibilities under ORS 284.771 to 284.801.

(b) Upon entering into the agreement, the third-party administrator shall provide staff to the board as necessary. [2017 c.703 §2; 2020 s.s.1 c.9 §2]

284.780 [1987 c.911 §10; 1997 c.631 §437; repealed by 2005 c.80 §7]

284.781 Duties, functions and powers; rules. The Eastern Oregon Border Economic Development Board has the following duties, functions and powers:

(1) To identify policies and strategies that will:

(a) Promote workforce development, including development of residential housing necessary to attract and keep employees in the Eastern Oregon Border Economic Development Region, and economic development;

(b) Facilitate the development and prevent the decline of regionally significant industrial sites;

(d) Improve access to career and technical education, workforce training programs and higher education to enhance the availability of a qualified workforce for employers in the region.

(2) To make recommendations to the Legislative Assembly for policies and strategies intended to improve the availability of career and technical education, workforce training programs and higher education for the purpose of improving the availability of a qualified workforce for employers in the region.

(3) To identify specific laws that place specific workforce development and economic development efforts in the region, including development of residential housing necessary to attract and keep employees in the region, at a competitive disadvantage with respect to the same type of efforts made in the areas across the Oregon border from the region and to take action in accordance with ORS 284.786 upon identifying such laws.

(4) To enter into an agreement with a third-party administrator, subject to approval by the Oregon Business Development Department under ORS 284.783, pursuant to which the third-party administrator shall operate one or more programs to award grants and make loans in accordance with ORS 284.791.

(5) To facilitate collaboration among employers, local governments, state agencies and stakeholders for the purpose of enhancing and expanding workforce development and economic development in the region.

(6) To consult with affected school districts, community colleges and universities and the Employment Department in identifying policies and strategies that will enhance and promote workforce development to improve the availability of a qualified workforce for employers in the region.

(7) To adopt rules that define the region more specifically and to consult with the Oregon Business Development Department in the rulemaking process.

(8) To prescribe the form of the application required under ORS 284.791 (3). [2017 c.703 §4; 2019 c.72 §2; 2020 s.s.1 c.9 §3]

284.783 Agreement with third-party administrator. (1) Upon finalizing a proposed agreement with a third-party administrator pursuant to ORS 284.781 (4), the Eastern Oregon Border Economic Development Board shall submit the proposed agreement to the Oregon Business Development Department.

(2) The department shall review the proposed agreement and if the department determines that the agreement is sufficient for the purposes of ORS 284.771 to 284.801, department shall:

(a) Notify the board and the third-party administrator of its determination; and

(b) Distribute to the third-party administrator all moneys in the Eastern Oregon Border Economic Development Board Fund established under ORS 284.801 that are available for the purpose of awarding grants and making loans in accordance with ORS 284.791.

(3)(a) If the department determines that the proposed agreement is not sufficient, the department shall return the agreement to the board with recommendations for revising or rejecting the agreement.

(b) The board may consult with the department regarding the department’s recommendations and, with the department’s approval, resubmit the agreement with appropriate changes as necessary.

(4)(a) The board or the third-party administrator may terminate the agreement at any time.

(b) Upon termination of the agreement by either party, the third-party administrator shall transfer all unspent and unobligated moneys remaining from the moneys distributed under subsection (2) of this section to the department for deposit in the Eastern Oregon Border Economic Development Board Fund. [2020 s.s.1 c.9 §6]

284.785 [1987 c.911 §11; repealed by 2005 c.80 §7]

284.786 Identification of laws that place region’s development efforts at disadvantage. (1) Upon identifying a specific law in accordance with ORS 284.781 (3), the Eastern Oregon Border Economic Development Board:

(a) May recommend to the agency, board or commission that imposes or administers the law that the agency, board or commission consider an exception or waiver to the law in order to assist in workforce development and economic development efforts in the Eastern Oregon Border Economic Development Region. Within 60 days of receiving a recommendation from the Eastern Oregon Border Economic Development Board under this paragraph, the agency, board or commission shall review the recommendation and hold a public hearing in the region, or otherwise consider information from the public and stakeholder entities, to determine whether:

(A) The law has repeatedly posed a disadvantage to workforce development or economic development in the region in the last five years compared to comparable laws, rules or other forms of regulation imposed by the State of Idaho or a political subdivision of the State of Idaho; and

(B) An exception or waiver to the specific law may be made for the purpose of furthering workforce development or economic development in the region.

(b) If the agency, board or commission determines that an exception or waiver may not be made under paragraph (a) of this subsection, may recommend to the agency, board or commission or to the Legislative Assembly that a specific exception or waiver be made for the purpose of workforce development or economic development in the region.

(2) The Eastern Oregon Border Economic Development Board may not recommend an exception or waiver to a specific law if:

(a) The exception or waiver to the law is not permitted by law; or

(b) The law relates to employment or state taxation. [2017 c.703 §5; 2019 c.72 §3; 2020 s.s.1 c.9 §4]

284.790 [1987 c.911 §12; 1993 c.18 §49; 1997 c.631 §438; repealed by 2005 c.80 §7]

284.791 Grant and loan programs to expand development; eligibility; applications; rules; fees; moneys to be retained for programs. (1)(a) Subject to available funds, the third-party administrator shall operate one or more programs to award grants and make loans to eligible applicants to enhance and expand workforce development or economic development in the Eastern Oregon Border Economic Development Region.

(b) No more than 10 programs may be active at any time. A program is active as long as any loan made through the program remains outstanding or any work or project funded or financed by a grant awarded through the program has not been completed in accordance with the grant agreement.

(2) Eligible applicants for grants and loans include, but are not limited to:

(a) Local governments;

(b) Institutions of higher education as defined in ORS 348.582;

(c) Private or nonprofit businesses whose principal place of business, or the majority of whose workforce, is located in the region;

(d) Small business development centers established under ORS 285B.165 to 285B.171;

(e) Economic development organizations;

(f) School districts; and

(g) Other types of entities specified by the Eastern Oregon Border Economic Development Board by rule.

(3)(a) An eligible applicant may apply to the third-party administrator for a grant or loan. The third-party administrator may not consider an application unless the application is timely and accompanied by any required application fee. The third-party administrator shall prescribe deadlines for the application process.

(b) An applicant must demonstrate that the grant or loan moneys will be used for:

(A) Economic development that will lead to private investment, job creation or retention and the establishment or expansion of viable businesses in the region;

(B) Expansion of transportation infrastructure to facilitate moving traded sector goods or services in the region to market;

(C) Enhancement and expansion of workforce development in the region, including development of residential housing necessary to attract and keep employees in the region, that is responsive to the needs of the region’s businesses and industries;

(D) Certification of regionally significant industrial sites within the region;

(E) Extension of private utilities, including, but not limited to, gas and electrical connections, to regionally significant industrial sites within the region;

(F) A due diligence assessment pursuant to the Oregon Industrial Site Readiness Assessment Program under ORS 285B.635 to 285B.640 or other assessments or evaluations that prepare a site for development; or

(G) Provision of support services and technical assistance to entrepreneurs and business owners in the region, including, but not limited to, small business development centers established under ORS 285B.165 to 285B.171.

(c) Applications for loans must contain a proposed plan for repayment with interest of moneys borrowed from the third-party administrator under this section.

(d) The board shall adopt rules that, at a minimum, establish criteria for awarding grants and making loans under this section, in addition to the criteria set forth in paragraph (b) of this subsection.

(4) Loans may not be made under this section for a term that exceeds the useful life of the work or project for which the loan funds will be used or a specified number of years from completion of the work or project, whichever is less.

(5) Amounts paid as grants and loans shall not constitute a debt of the state or a lending of the credit of the state within the meaning of any statutory limitation and are not intended to constitute a debt of the state or a lending of the credit of the state within the meaning of any constitutional limitation.

(6) The third-party administrator shall consider applications for grants and loans under this section by:

(a) Evaluating timelines for completion of work and projects for which grant or loan moneys requested in the application will be used;

(b) Investigating whether necessary permits for development, if needed, have been or can be secured in a timely manner;

(d) Applying any other methods or criteria the third-party administrator considers necessary or convenient for the purpose.

(7) The agreement between the board and the third-party administrator shall include limits on administrative fees, including, but not limited to, application fees, under this section that the third-party administrator may collect or retain from grant and loan proceeds.

(8) The third-party administrator may enter into an agreement with a lending partner for the purpose of administering loans made under this section.

(9) The following moneys shall be retained and accumulated by the third-party administrator to be used for the purposes set forth in ORS 284.771 to 284.801:

(a) Moneys received as repayment of loans;

(b) Moneys received as repayment of grant proceeds in the event of default by the grantee under the grant agreement;

(d) Moneys from any other sources received pursuant to an agreement entered into pursuant to ORS 284.781 (4).

(10) The agreement shall specify the amount of moneys distributed under ORS 284.783 that the third-party administrator may retain for expenses incurred in operating grant and loan programs under this section. [2017 c.703 §6; 2019 c.72 §4; 2020 s.s.1 c.9 §7]

284.793 Annual submission of program information by third-party administrator; board report to legislature. (1) On or before June 30 of each year, the third-party administrator shall submit the following information from the previous 12 months to the Eastern Oregon Border Economic Development Board:

(a) The number of businesses or regionally significant industrial sites that were assisted with grants awarded and loans made through programs under ORS 284.791;

(b) The types and amount of resources leveraged by the grant and loan moneys;

(c) The return on investment, performance and outcome with respect to jobs and wages in any area of the Eastern Oregon Border Economic Development Region in which grant and loan moneys were utilized; and

(d) Any other information the third-party administrator considers useful in evaluating the experience of the grant and loan programs.

(2)(a) On or before September 15 of each year, the Eastern Oregon Border Economic Development Board, jointly with the Oregon Business Development Department, shall submit a report to the Legislative Assembly, in the manner required under ORS 192.245, that sets forth the information received from the third-party administrator under subsection (1) of this section and any other information from any source that the Eastern Oregon Border Economic Development Board thinks convenient or necessary for evaluating the administration and experience of the grant and loan program established under ORS 284.771 to 284.801.

(b) The Eastern Oregon Border Economic Development Board’s report may include recommendations for legislation and strategies to improve workforce development and economic development in the region. [2020 s.s.1 c.9 §11; 2022 c.76 §7]

284.795 [1987 c.911 §13; repealed by 2005 c.80 §7]

284.796 Rulemaking. The Eastern Oregon Border Economic Development Board shall adopt rules to implement and administer the provisions of ORS 284.771 to 284.801 and may consult with the Oregon Business Development Department in the rulemaking process. [2017 c.703 §7; 2020 s.s.1 c.9 §8]

284.797 Residency preference for civil service positions in region. (1) As used in this section:

(a) “Civil service position” means any position, regardless of whether it is labeled a “civil service position,” for which a hiring or promotion decision is made or required to be made based on the results of a merit based, competitive process that includes, but is not limited to, consideration of an applicant’s or employee’s relative ability, knowledge, experience and other skills.

(b) “Public employer” means a public body, as defined in ORS 174.109, and any person authorized to act on behalf of the public body, with respect to the control, management or supervision of any employee of the public body.

(c) “Resident applicant” means an applicant for a civil service position whose primary residence is located in Malheur County.

(2) This section applies to a civil service position if the majority of the work of the position will be performed within the Eastern Oregon Border Economic Development Region.

(3) Except as provided in subsection (7)(b) of this section, a public employer shall grant a preference to any resident applicant for a vacant civil service position, or for promotion to a civil service position with a higher maximum salary rate, who:

(a)(A) Successfully completes an initial application screening or an application examination for the position; or

(B) Successfully completes a civil service test the public employer administers to establish eligibility for the position; and

(b) Meets the minimum qualifications and any special qualifications for the position.

(4) The public employer shall grant the preference in the following manner:

(a) For an initial application screening used to develop a list of persons for interviews, the public employer shall add five percentage points to a resident applicant’s score.

(b) For an application examination, given after the initial application screening, that results in a score, the public employer shall add five percentage points to the total combined examination score of a resident applicant without allocating the points to any single feature or part of the examination.

(c) For an application examination that consists of an interview, an evaluation of the resident applicant’s performance, experience or training, a supervisor’s rating or any other method of ranking an applicant that does not result in a score, the public employer shall give a preference to the resident applicant. A public employer that uses an application examination of the type described in this paragraph shall devise and apply methods by which the public employer gives special consideration in the public employer’s hiring decision to resident applicants.

(5) Except as provided in subsection (6) of this section, the system of giving preferences under this section does not require a public employer to appoint a resident applicant to a civil service position.

(6) A public employer shall appoint an otherwise qualified resident applicant to a vacant civil service position if the results of the resident applicant’s application examination, when combined with the resident applicant’s preference percentage points, are equal to or higher than the results of an application examination for an applicant who is not a resident applicant.

(7)(a) A resident applicant who is appointed to a civil service position under this section must maintain residency in Malheur County for at least five consecutive years following the date on which the employment begins. Failure to maintain residency in Malheur County for this period shall be considered a voluntary termination of the employment.

(b) Paragraph (a) of this subsection does not apply to a resident applicant who elects in writing at the beginning of the application process to forgo the preference available under this section.

(c) The Eastern Oregon Border Economic Development Board, in consultation with the governing body of Malheur County, may prescribe a method by which employees holding civil service positions described in subsection (2) of this section who received a preference under this section annually notify their employers of the county in which their primary residence is located. The notice shall include any documentation the board considers necessary to confirm the residency and shall be made under penalties for false swearing under ORS 162.075.

(8) Violation of this section is an unlawful employment practice.

(9) A resident applicant claiming to be aggrieved by a violation of this section may file a verified written complaint with the Commissioner of the Bureau of Labor and Industries in accordance with ORS 659A.820.

(10) Nothing in this section precludes or preempts the policy of a jurisdiction, any part of which is located within the Eastern Oregon Border Economic Development Region, that is equally or more protective of local applicants for civil service positions. [2021 c.509 §2]

284.800 [Formerly 447.800; 1991 c.11 §15; renumbered 285.253 in 1991]

284.801 Eastern Oregon Border Economic Development Board Fund. (1) The Eastern Oregon Border Economic Development Board Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Eastern Oregon Border Economic Development Board Fund shall be credited to the fund.

(2) Moneys in the fund are continuously appropriated to the Oregon Business Development Department for distribution to the third-party administrator under ORS 284.783.

(3) Moneys in the Eastern Oregon Border Economic Development Board Fund consist of:

(a) Moneys returned to the fund upon termination of an agreement pursuant to ORS 284.783 (4)(b);

(b) Amounts appropriated or otherwise transferred to the fund by the Legislative Assembly;

(d) Moneys transferred to the fund from the federal government, state agencies or local governments;

(e) Lottery bond proceeds allocated by the Legislative Assembly for deposit in the fund;

(f) Earnings received on moneys in the fund; and

(g) Other amounts deposited in the fund from any source. [2017 c.703 §8; 2019 c.72 §5; 2020 s.s.1 c.9 §9]

284.805 [Formerly 447.805; renumbered 285.255 in 1991]

284.810 [Formerly 447.810; renumbered 285.257 in 1991]

284.815 [Formerly 447.815; 1991 c.11 §16; renumbered 285.260 in 1991]

284.820 [Formerly 447.820; repealed by 1991 c.11 §19]

284.825 [Formerly 447.825; repealed by 1991 c.11 §19]

284.831 [Formerly 447.831; repealed by 1991 c.11 §19]

284.834 [Formerly 447.834; repealed by 1991 c.11 §19]

284.835 [Formerly 447.835; repealed by 1991 c.11 §19]

284.840 [Formerly 447.840; repealed by 1991 c.11 §19]

284.845 [Formerly 447.845; repealed by 1991 c.11 §19]

284.850 [Formerly 447.850; repealed by 1991 c.11 §19]

284.855 [Formerly 447.855; repealed by 1991 c.11 §19]

284.860 [Formerly 447.860; repealed by 1991 c.11 §19]

284.865 [Formerly 447.865; repealed by 1991 c.11 §19]

284.875 [Formerly 447.875; repealed by 1991 c.11 §19]

284.880 [Formerly 447.880; repealed by 1991 c.11 §19]

OREGON GROWTH BOARD

284.881 Definitions for ORS 284.881 to 284.890. As used in ORS 284.881 to 284.890, unless the context requires otherwise:

(1) “Business” means a corporation, partnership, proprietorship, firm, enterprise, joint venture, cooperative, franchise, association, organization, self-employed individual, group of individuals, nonprofit entity or other entity that is or will be operating or doing business in Oregon.

(2) “Economic development” means development that:

(a) Relates to and supports the economic development policies for this state set forth in, or adopted in furtherance of, ORS 285A.020;

(b) Promotes, expands or prevents the decline of businesses located or to be located in Oregon;

(d) Promotes the policies of the Oregon Growth Board.

(3) “Financial services and support” includes but is not limited to funding, access to capital, asset building, business planning, market development, improving management skills or any other type of service or support that enhances business development and furthers economic development.

(4) “Local government” has the meaning given that term in ORS 174.116.

(5) “State agency” means an officer, board, commission, department, division, institution, branch or agency in the executive or administrative branch of state government. [2012 c.90 §1]

284.882 Legislative intent. It is the intent of the Legislative Assembly, in enacting ORS 284.881 to 284.890, to encourage investment in and availability of capital to businesses in this state, including but not limited to traded sector businesses, businesses in the initial and follow-up phases of development and businesses in the rural regions of this state, and to increase resources available to local governments and state agencies that create, facilitate, maintain and promote financial services and support and to other efforts that further economic development in Oregon. [2012 c.90 §2; 2013 c.732 §2]

284.883 Oregon Growth Board; members; staff. (1) The Oregon Growth Board is established to formulate and implement policies and procedures to administer ORS 284.881 to 284.890, and to make recommendations for the investment, reinvestment, management and coordination of funds in the Oregon Growth Account established under ORS 348.702 and the Oregon Growth Fund established under ORS 284.890.

(2) The board shall consist of nine voting members and one to three nonvoting members as follows:

(a) The State Treasurer shall be an ex officio voting member of the board.

(b) The Director of the Oregon Business Development Department, or the director’s designee, shall be an ex officio nonvoting member of the board.

(c) The Governor shall appoint eight voting members, subject to Senate confirmation under ORS 171.562 and 171.565 and the following:

(A) Two of the members shall be persons who do not belong to the same political party, who reflect the identity of the Legislative Assembly by political party affiliation at the time the persons are appointed and who are selected from a list of four candidates, each candidate recommended by the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives or the Minority Leader of the House of Representatives, respectively.

(B) Members shall include at least one representative from each congressional district in this state.

(i) One member with experience in banking;

(ii) One member with experience in credit union operations;

(iii) One member with experience managing investments;

(iv) One member with experience as a small business employer in this state; and

(v) Two at-large members.

(d) Two members of the Legislative Assembly that belong to different political parties as determined by the appropriate entry on official election registration cards, who are appointed by agreement of the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives and the Minority Leader of the House of Representatives, shall serve as nonvoting members of the board. If an agreement cannot be reached on both members of the Legislative Assembly to serve on the board, no appointment shall be made under this paragraph.

(3) The term of office of each member who is not an ex officio member is four years. A member appointed by the Governor serves at the pleasure of the Governor. Before the expiration of the term of a member who is not an ex officio member, the appointing authority shall appoint a successor whose term begins on January 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, including but not limited to the end of a term of membership in the Legislative Assembly, the appointing authority shall make an appointment to become immediately effective for the unexpired term.

(4) The board shall select one of its members as chairperson and another to serve as a liaison with local governments for such terms and with duties and powers necessary for the performance of the functions of these offices as the board determines, consistent with this section.

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

(6) A member of the board may receive compensation and reimbursement for expenses as follows:

(a) Members of the Legislative Assembly as provided in ORS 171.072.

(b) Nonlegislative members in the manner and amounts provided in ORS 292.495. Claims for compensation and expenses incurred in performing the functions of the board shall be paid out of funds appropriated to the board for that purpose.

(7) The Oregon Business Development Department shall provide staff to the board as necessary to allow the board to carry out its responsibilities under ORS 284.881 to 284.890. [2012 c.90 §3; 2015 c.818 §1; 2023 c.604 §4]

284.885 Duties, functions and powers; rules; recommendations to Legislative Assembly; annual report. The Oregon Growth Board has the following duties, functions and powers:

(1) To maintain, invest and reinvest moneys in the Oregon Growth Fund established under ORS 284.890 consistent with the policies and procedures established by the board and the investment standard stated in ORS 293.726, including but not limited to the creation and maintenance of one or more investment funds within the Oregon Growth Fund. In exercising its authority under this subsection, the board may include economic factors, including but not limited to job retention and creation, as considerations in making investment decisions.

(2) To maintain, invest and reinvest moneys in the Oregon Growth Account established under ORS 348.702 consistent with the policies and procedures established by the board and the investment standard stated in ORS 293.726 and for the purpose of earning returns for the Education Stability Fund. Policies established by the board under this subsection shall include, but are not limited to, the determination of when and how earnings are calculated and declared available from the account for transfer as provided in ORS 348.696 (1).

(3) To make and enter into contracts, agreements or arrangements for the investment and management of moneys in the Oregon Growth Account and the Oregon Growth Fund as provided in ORS 284.887 and for other services the board deems reasonable and necessary to fulfill the duties of the board under this section.

(4)(a) With respect to the Oregon Growth Account, to make, purchase, guarantee or hold loans, including but not limited to participation interests in loans, made to or from the Oregon Growth Account for the purpose of earning returns for the Education Stability Fund.

(b) With respect to the Oregon Growth Fund, to make, purchase, guarantee or hold grants and loans, including but not limited to competitive grants and participation interests in loans, made to or from the Oregon Growth Fund for the benefit of qualified businesses for the purpose of furthering economic development.

(5) To qualify or certify businesses that invest in the Oregon Growth Account or the Oregon Growth Fund for any investment incentive approved by the board.

(6) To collaborate, cooperate and enter into agreements with local governments, state agencies, financial institutions and other entities as appropriate to:

(a) Provide financial services and support to businesses for the purpose of furthering economic development;

(b) Coordinate actions, responsibilities and resources that further economic development; and

(c) Delegate between the board and a local government or state agency any duties, functions or powers that the board, local government or state agency is authorized to perform if consistent with and necessary to the administration of ORS 284.881 to 284.890. Delegation of duties, functions or powers under this paragraph must be done pursuant to written agreement.

(7) To seek, solicit, obtain and accept local, state, federal and private resources and donations for deposit into the Oregon Growth Account and the Oregon Growth Fund to aid in the administration of ORS 284.881 to 284.890.

(8) To adopt rules that:

(a) Specify the board’s permissible investments and the activities and services that the board may provide or engage in;

(b) Create guidelines regarding the amount and type of leverage to maximize investments and any other resources available to, and subject to the authority of, the board;

(c) Provide a means to evaluate the performance of investments, including, but not limited to, the number of businesses assisted, the types and amount of resources leveraged and returns on investment, and to evaluate impact on jobs and wages in this state; and

(d) Establish other requirements that the board considers necessary for the exercise of the board’s duties, functions and powers under ORS 284.881 to 284.890.

(9) To make recommendations to the Legislative Assembly regarding:

(a) Appropriations of General Fund moneys to the Oregon Growth Fund;

(b) The terms of income and corporate excise tax subtractions or other tax expenditures, as defined in ORS 291.201, that will promote and create private investment in the Oregon Growth Fund;

(c) Incentives for private sector investment that further investment, capital availability, job creation and economic development;

(d) The use of moneys in the Oregon Growth Account to earn returns for the Education Stability Fund; and

(e) Legislation needed to further economic development.

(10) To report annually to standing and interim committees of the Legislative Assembly related to business and economic development regarding implementation and administration of the Oregon Growth Board and investments made by the board pursuant to this section. [2012 c.90 §5; 2013 c.732 §3; 2016 c.118 §19]

284.887 Authority to contract with management companies or state agencies to manage and invest moneys; standards and requirements; rules. (1) The Oregon Growth Board may contract with one or more management companies or state agencies to manage and invest the moneys in the Oregon Growth Account established under ORS 348.702 and the Oregon Growth Fund established under ORS 284.890. For purposes of this subsection, a contract with a management company or state agency may consist of:

(a) A partnership agreement under which the Oregon Growth Board is the limited partner and the management company or state agency is the general partner; or

(b) Another form of payment or profit-sharing arrangement under which the Oregon Growth Board may receive payment or another form of return in exchange for its investment.

(2) A management company or state agency selected to manage the Oregon Growth Fund or the Oregon Growth Account shall manage the moneys in the fund or account, subject to the policies and procedures and investment directives and strategies of the Oregon Growth Board, with the care, skill and diligence that a prudent investor acting in a similar capacity and familiar with such investments would use in managing and investing a similar fund.

(3) The Oregon Growth Board by rule may require the management company or state agency to invest in Oregon an amount that is at least equal to the amount of the principal transferred from the Oregon Growth Account or the Oregon Growth Fund to the management company or state agency for investment.

(4) A contract between the board and a management company to manage the Oregon Growth Account or the Oregon Growth Fund, and the functions performed under the contract, are not subject to the State Personnel Relations Law or ORS 279.835 to 279.855 or ORS chapter 279A or 279B.

(5) The Oregon Growth Board shall provide to local governments and state agencies any reports on the investment of moneys in the Oregon Growth Account that are necessary to fulfill audit, financial, investment or other reporting requirements to which the Education Stability Fund is subject by law or standard accounting principles. [2012 c.90 §6; 2013 c.732 §12; 2016 c.92 §1]

284.890 Oregon Growth Fund; sources; uses. (1) The Oregon Growth Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Growth Fund shall be credited to the fund.

(2) Moneys in the Oregon Growth Fund consist of:

(a) Amounts donated to the fund;

(b) Moneys transferred to the fund from the federal government, state agencies or local governments;

(d) Earnings received on moneys in the fund; and

(e) Other amounts deposited in the fund from any source.

(3) Moneys in the fund are continuously appropriated to the Oregon Business Development Department for the use of the Oregon Growth Board for the purposes set forth in ORS 284.881 to 284.890.

(4) The department may establish accounts and subaccounts within the fund when the department determines that accounts or subaccounts are necessary or desirable and may credit any interest or income derived from moneys in the fund to any account or subaccount in the fund.

(5) The department may use moneys in the fund to pay the administrative costs associated with the fund and with administering ORS 284.881 to 284.890. [2012 c.90 §7; 2015 c.818 §2]

284.895 [Formerly 182.815; renumbered 285.250 in 1991]

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