2021 Oregon Revised Statutes
Chapter 285B - Economic Development II
Section 285B.551 - Issuance of additional lottery bonds; uses; maximum amounts; Economic Infrastructure Project Fund.


(a) To provide financial and other assistance, including but not limited to loans and grants, to municipalities, ports and other persons and entities in accordance with the laws governing use of moneys in the Special Public Works Fund created by ORS 285B.455, the Water Fund created by ORS 285B.563, the Safe Drinking Water Revolving Loan Fund created by ORS 285A.213, the Oregon Port Revolving Fund created by ORS 285A.708, the Brownfields Redevelopment Fund created by ORS 285A.188, the Oregon Business Development Fund created by ORS 285B.092 and the Marine Navigation Improvement Fund created by ORS 777.267.
(b) To fund Oregon’s share of the costs of the Columbia River channel deepening project.
(c) To fund Oregon’s share of the costs of studies and ecosystem restoration projects in the lower Columbia River estuary designed to improve habitat for listed endangered or threatened species of Columbia River anadromous salmonids.
(2) The use of lottery bond proceeds is authorized based on the following findings:
(a) The financial and other assistance to municipalities, ports and other persons and entities will assist in the establishment and expansion of businesses in Oregon and in the construction, improvement and expansion of infrastructure, community and port facilities and other facilities that comprise the physical foundation for industrial and commercial activity and provide the basic framework for continued and expanded economic opportunities and quality communities throughout Oregon.
(b) The Columbia River channel deepening project is necessary to allow newer, larger steamships access to Oregon and Washington deep draft ports. A deeper shipping channel will allow the Columbia River to continue as a world leader in agricultural exports and as a key trade corridor for farms and businesses throughout Oregon and the region.
(c) Such financial and other assistance to municipalities, ports and other persons and entities and the deepening of the Columbia River channel will therefore promote economic development within this state, and thus the use of net proceeds derived from the operation of the Oregon State Lottery to pay debt service on lottery bonds issued under this section to provide such financial and other assistance to municipalities, ports and other persons and entities and to pay a portion of the costs of deepening the Columbia River channel is an authorized use of state lottery funds under section 4, Article XV of the Oregon Constitution, and ORS 461.510.
(d) The current lower Columbia River estuary habitat for listed endangered or threatened species of Columbia River anadromous salmonids could be improved through ecosystem restoration projects. The use of the Oregon State Lottery to pay debt service on lottery bonds issued under this section to pay for studying how the estuary could be improved and to pay for ecosystem restoration projects are authorized uses of state lottery funds.
(3)(a) The aggregate principal amount of lottery bonds issued pursuant to subsection (1)(a) of this section for financial and other assistance to municipalities, ports and other persons and entities may not exceed the sum of $386,226,252 and an additional amount estimated by the State Treasurer to be necessary to pay bond-related costs. The aggregate principal amount of lottery bonds issued pursuant to subsection (1)(b) of this section for the Columbia River channel deepening project may not exceed the sum of $17.7 million and an additional amount estimated by the State Treasurer to be necessary to pay bond-related costs.
(b) The Oregon Department of Administrative Services may not request the issuance of lottery bonds under subsection (1)(b) of this section until the Director of the Oregon Business Development Department determines that a final environmental impact statement has been issued and a record of decisions has been submitted to Congress by the United States Army Corps of Engineers, Congress has authorized the Columbia River channel deepening project, and the Washington sponsors’ shares of the costs of the Columbia River channel deepening project have been committed.
(4) The net proceeds of lottery bonds issued pursuant to subsection (1)(a) and (b) of this section shall be deposited in the Economic Infrastructure Project Fund, which is hereby established in the State Treasury separate and distinct from the General Fund. Interest earned by the Economic Infrastructure Project Fund shall be credited to the fund. All moneys in the Economic Infrastructure Project Fund are continuously appropriated to the Oregon Business Development Department for any purpose for which moneys in the Special Public Works Fund created by ORS 285B.455 may be used, any purpose for which moneys in the Water Fund created by ORS 285B.563 may be used, any purpose for which moneys in the Safe Drinking Water Revolving Loan Fund created by ORS 285A.213 may be used, any purpose for which moneys in the Oregon Port Revolving Fund created by ORS 285A.708 may be used, any purpose for which moneys in the Brownfields Redevelopment Fund created by ORS 285A.188 may be used, any purpose for which moneys in the Oregon Business Development Fund created by ORS 285B.092 may be used and any purpose for which moneys in the Marine Navigation Improvement Fund created by ORS 777.267 may be used. The Director of the Oregon Business Development Department shall allocate the moneys deposited in the Economic Infrastructure Project Fund for the purposes described in this subsection in accordance with the priorities developed by the Oregon Business Development Commission in accordance with ORS 285A.020. However, the director shall transfer from the Economic Infrastructure Project Fund and deposit into the Channel Deepening Account of the Marine Navigation Improvement Fund the proceeds of any lottery bonds sold to finance a portion of the costs of the Columbia River channel deepening project. Upon determining the relative allocation of moneys deposited in the Economic Infrastructure Project Fund among the purposes described in this subsection, the director shall transfer from the Economic Infrastructure Project Fund, and deposit into each of the other funds described in this subsection, the amounts so allocated. Notwithstanding any other provision of law governing the funds described in this subsection, the funds described in this subsection may be credited with moneys transferred from the Economic Infrastructure Project Fund by the director in accordance with this subsection.
(5) The aggregate principal amount of lottery bonds issued pursuant to subsection (1)(c) of this section for the costs of studies and ecosystem restoration projects in the lower Columbia River estuary may not exceed the sum of $750,000 and an additional amount estimated by the State Treasurer to be necessary to pay bond-related costs. The net proceeds of lottery bonds issued pursuant to subsection (1)(c) of this section shall be deposited in the Oregon Business, Innovation and Trade Fund created by ORS 285A.227 and may be used only for the Oregon nonfederal share of United States Army Corps of Engineers Columbia River estuary projects authorized by Congress prior to August 9, 2001. The director may not request the issuance of lottery bonds under subsection (1)(c) of this section until Congress and Washington have authorized their respective shares of the costs of the studies and ecosystem restoration projects in the lower Columbia River estuary.
(6) The proceeds of lottery bonds issued pursuant to this section may be used only for the purposes set forth in this section and for bond-related costs. [1999 c.702 §1; 2001 c.96 §6; 2001 c.942 §1; 2003 c.741 §4; 2005 c.788 §1; 2007 c.746 §1; 2007 c.804 §78; 2009 c.830 §115; 2009 c.906 §1a; 2011 c.624 §1; 2013 c.786 §1; 2015 c.812 §1; 2017 c.748 §1; 2019 c.671 §1; 2021 c.682 §1]
Note: 285B.551 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 285B or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Note: Section 3, chapter 786, Oregon Laws 2013, provides:
Sec. 3. Regional Infrastructure Fund. (1) The Regional Infrastructure Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned on the moneys in the Regional Infrastructure Fund shall be credited to the fund. The Regional Infrastructure Fund consists of moneys deposited in the fund under section 2, chapter 786, Oregon Laws 2013, section 2, chapter 812, Oregon Laws 2015, and section 3, chapter 748, Oregon Laws 2017, and may include fees, revenues or other income deposited into the fund by the Legislative Assembly.
(2) Moneys in the fund are continuously appropriated to the Oregon Business Development Department for disbursement to local governments and federally recognized Indian tribes located in this state for the purposes set forth in section 2, chapter 786, Oregon Laws 2013, section 2, chapter 812, Oregon Laws 2015, and section 3, chapter 748, Oregon Laws 2017. [2013 c.786 §3; 2015 c.812 §3; 2017 c.748 §4; 2019 c.281 §1]
Note: Section 4, chapter 812, Oregon Laws 2015, provides:
Sec. 4. Rules. (1) The Director of the Oregon Business Development Department, in accordance with ORS chapter 183, shall adopt rules necessary to administer programs or projects financed with moneys obtained pursuant to section 3, chapter 786, Oregon Laws 2013, and section 2 of this 2015 Act. The rules shall address procedures for authorizing infrastructure planning and research efforts, developing and evaluating grant and loan applications, awarding grants and loans from the Regional Infrastructure Fund and administering a grant and loan review committee, and may include other provisions the director determines necessary or convenient for the Oregon Business Development Department to perform its duties and responsibilities under section 3, chapter 786, Oregon Laws 2013, and section 2 of this 2015 Act.
(2) The rules must be developed in consultation with the Director of the Oregon Department of Administrative Services or the director’s designee. [2015 c.812 §4]
Note: Section 6, chapter 786, Oregon Laws 2013, provides:
Sec. 6. Cultural Resources Economic Fund. (1) The Cultural Resources Economic Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned on the moneys in the Cultural Resources Economic Fund shall be credited to the fund. The Cultural Resources Economic Fund consists of moneys deposited in the fund under section 5, chapter 786, Oregon Laws 2013, section 26, chapter 812, Oregon Laws 2015, section 22, chapter 748, Oregon Laws 2017, and section 44 of this 2021 Act and may include fees, revenues or other income deposited in the fund by the Legislative Assembly.
(2) Moneys in the fund are continuously appropriated to the Oregon Business Development Department for disbursement for the purposes set forth in section 5, chapter 786, Oregon Laws 2013, and section 26, chapter 812, Oregon Laws 2015, section 22, chapter 748, Oregon Laws 2017, and section 44 of this 2021 Act. [2013 c.786 §6; 2015 c.812 §27; 2017 c.748 §23; 2019 c.671 §36; 2021 c.682 §45]
Note: Section 7a, chapter 66, Oregon Laws 2016, provides:
Sec. 7a. American Manufacturing Innovation District Fund. (1) The American Manufacturing Innovation District Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned on moneys in the American Manufacturing Innovation District Fund shall be credited to the fund. The fund consists of moneys deposited in the fund under section 7 of this 2016 Act and may include fees, revenues or other income deposited into the fund by the Legislative Assembly.
(2) Moneys in the American Manufacturing Innovation District Fund are continuously appropriated to the Oregon Business Development Department for the purpose described in section 7 of this 2016 Act. [2016 c.66 §7a]
Note: Section 29, chapter 748, Oregon Laws 2017, provides:
Sec. 29. Lottery bonds for construction of Oregon Manufacturing Innovation Center access roads.
(1) For the biennium beginning July 1, 2017, at the request of the Oregon Department of Administrative Services, after the department consults with the Oregon Business Development Department, the State Treasurer is authorized to issue lottery bonds pursuant to ORS 286A.560 to 286A.585 in an amount that produces $3,390,000 in net proceeds and interest earnings for the purposes described in subsection (2) of this section, plus an additional amount estimated by the State Treasurer to be necessary to pay bond-related costs.
(2) Net proceeds of lottery bonds issued under this section in an amount sufficient to provide $3,390,000 in net proceeds and interest earnings must be transferred to the Oregon Business Development Department for deposit in the American Manufacturing Innovation District Fund established in section 7a, chapter 66, Oregon Laws 2016, for construction of Oregon Manufacturing Innovation Center access roads.
(3) The Legislative Assembly finds that the use of lottery bonds proceeds with create jobs and further economic development, and is authorized based on the finding that the Oregon Manufacturing Innovation Center will enable and encourage the development of a robust manufacturing sector in the Oregon economy. [2017 c.748 §29; 2019 c.30 §6]
Note: Section 28, chapter 748, Oregon Laws 2017, provides:
Sec. 28. OBDD Economic Development Distributions Fund. (1) The OBDD Economic Development Distributions Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned on the moneys in the OBDD Economic Development Distributions Fund must be credited to the fund. The OBDD Economic Development Distributions Fund consists of moneys deposited in the fund under sections 26 and 27, chapter 748, Oregon Laws 2017, and may include fees, revenues or other income deposited into the fund by the Legislative Assembly.
(2) Moneys in the fund are continuously appropriated to the Oregon Business Development Department for purposes described in sections 26 and 27, chapter 748, Oregon Laws 2017. [2017 c.748 §28; 2019 c.671 §32; 2020 s.s.2 c.5 §13; 2021 c.682 §53]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 07 - Public Facilities and Finance

Chapter 285B - Economic Development II

Section 285B.050 - Definitions for ORS 285B.050 to 285B.098.

Section 285B.053 - Borrowing money from Oregon Business Development Fund; application; report.

Section 285B.059 - Conditions for commission approval of project; limits; exceptions.

Section 285B.062 - Loan contract; required provisions; repayment plan; state liability.

Section 285B.063 - Annual adjustment of maximum contract amounts.

Section 285B.068 - Payment of moneys for project; applicant to pay percentage of loan principal to Oregon Business Development Fund.

Section 285B.080 - Director as agent; duties; authority to approve loans.

Section 285B.081 - Repayment and collection; rules.

Section 285B.086 - Authorization to lend funds for joint governmental projects or match money; form of loan application; loan limit.

Section 285B.089 - Loan contract; required provisions; repayment schedule.

Section 285B.092 - Oregon Business Development Fund; uses; transfer of unobligated funds.

Section 285B.093 - Oregon Targeted Development Account; purpose; exemption from minimum interest rate.

Section 285B.109 - Definitions for ORS 285B.109 to 285B.119.

Section 285B.113 - Contracts with financial institutions to participate in program; required contents; disclosure of information.

Section 285B.115 - Loss reserve accounts; policies; rules; moneys as property of state.

Section 285B.117 - Enrollment of qualified loan in program; notice to department; fees; transfers to loss reserve accounts; rules and limits for loans.

Section 285B.118 - Claims for reimbursement of losses; reimbursable costs; repayment to loss reserve account.

Section 285B.119 - Capital Access Fund; investment; retrieval of interest; administrative expenses.

Section 285B.123 - Purpose.

Section 285B.130 - Loans from Small Business Expansion Loan Fund; application fees; eligibility; loan agreements; loan limits; moneys reserved for low to moderate income applicants; rules.

Section 285B.133 - Small Business Expansion Loan Fund; purposes; sources of moneys; special transfers to and from fund.

Section 285B.168 - Grants; application; required provisions; authorized uses; eligibility; subcontracts; report.

Section 285B.169 - Centers to collaborate with state agencies and private sector.

Section 285B.178 - Definitions for Microenterprise Development Act.

Section 285B.179 - Purposes of Microenterprise Development Act.

Section 285B.186 - Short title.

Section 285B.200 - Definitions for ORS 285B.200 to 285B.218.

Section 285B.203 - Purpose of Credit Enhancement Fund.

Section 285B.206 - Duties of department; rules; application procedure; agreement contents.

Section 285B.209 - Fees and terms for loan and credit guarantees.

Section 285B.215 - Credit Enhancement Fund; uses; sources.

Section 285B.218 - Pledge to assure repayment; transfer of funds to pay claims.

Section 285B.233 - Legislative findings; purpose.

Section 285B.236 - Guidelines for local economic development strategies; required provisions; rules.

Section 285B.260 - Local Economic Opportunity Fund; uses; rules.

Section 285B.266 - Strategic Reserve Fund; uses.

Section 285B.283 - Policy.

Section 285B.286 - Entrepreneurial and industry development activities.

Section 285B.290 - Industry Competitiveness Fund; uses.

Section 285B.323 - Definitions for ORS 285B.320 to 285B.371.

Section 285B.326 - Request for issuance of bonds; fees; rules; reimbursement for expenses.

Section 285B.329 - Review of project by commission; exception.

Section 285B.335 - Powers of department; lease requirements.

Section 285B.338 - Powers of commission.

Section 285B.344 - Issuance of bonds.

Section 285B.362 - Covenants in bonds.

Section 285B.365 - Limitations of bonds; recitals.

Section 285B.368 - Powers and rights of bondholders.

Section 285B.410 - Definitions for ORS 285B.410 to 285B.482.

Section 285B.413 - Legislative findings; purpose; use of moneys; rules.

Section 285B.419 - Administration of Special Public Works Fund; rules and policies.

Section 285B.420 - Financial assistance for levee projects; required findings.

Section 285B.421 - Levee Project Grant Fund; limits; matching funds; rural and distressed areas.

Section 285B.422 - Funding to municipalities for development projects; criteria for project funding; prohibited uses.

Section 285B.437 - Contract with municipality; required provisions; repayment.

Section 285B.440 - Primary use of moneys in fund; standards for awarding grants; limitations; rules.

Section 285B.449 - Effect of failure to comply or default.

Section 285B.455 - Special Public Works Fund; uses; administration of fund.

Section 285B.456 - Levee Project Subaccount.

Section 285B.460 - Funding and assistance for planning projects.

Section 285B.462 - Funding and assistance for emergency projects.

Section 285B.465 - Allowable costs of projects.

Section 285B.467 - Oregon Infrastructure Finance Authority to determine eligibility for revenue bond financing; rules; request for issuance; allowable costs.

Section 285B.470 - Powers of authority.

Section 285B.473 - Issuance of revenue bonds.

Section 285B.476 - Application of law to revenue bonds; proceeds; maximum duration of loans.

Section 285B.479 - Nature of revenue bonds.

Section 285B.482 - Revenue bonds as parity bonds; consolidation of bond proceeds; loans and consolidated funds as security for water or development projects.

Section 285B.500 - Purpose of ORS 285B.500 to 285B.512; legislative findings.

Section 285B.503 - Oregon Unified International Trade Fund; uses.

Section 285B.506 - Grant agreements; maximum grant amount; required provisions; assignment of right to receive grant moneys; agreement not to constitute state debt or liability.

Section 285B.509 - Agreements between primary sponsor and United States.

Section 285B.512 - End of lottery allocations upon certification by administrator of authority.

Section 285B.515 - "Primary sponsor" and "project sponsor" defined.

Section 285B.530 - Definitions for ORS 285B.530 to 285B.548.

Section 285B.533 - Issuance of infrastructure lottery bonds; amount; use of bond proceeds.

Section 285B.548 - Amount of infrastructure lottery bonds.

Section 285B.551 - Issuance of additional lottery bonds; uses; maximum amounts; Economic Infrastructure Project Fund.

Section 285B.560 - Definitions for ORS 285B.560 to 285B.599.

Section 285B.563 - Water Fund; uses; conditions for making loan; grant awards; investment of fund moneys; rules and policies.

Section 285B.572 - Eligibility of project for revenue bond financing; rules; decision to issue bonds.

Section 285B.575 - Issuance of revenue bonds.

Section 285B.578 - Nature of revenue bonds.

Section 285B.581 - Repayment plans; required provisions; loan contract; sources for repayment.

Section 285B.584 - Powers of authority.

Section 285B.587 - Deposit and use of bond proceeds.

Section 285B.599 - Effect of failure to repay to Water Fund; default.

Section 285B.600 - Definitions for ORS 285B.600 to 285B.620.

Section 285B.602 - Rules.

Section 285B.605 - Certification of eligible employers; time period to approve application.

Section 285B.608 - Application for certification; requirements.

Section 285B.610 - Revocation of certificate.

Section 285B.615 - Oregon Business Retention and Expansion Program; purpose; agreements; contents; loans.

Section 285B.618 - Department estimate of program tax revenues; methodology.

Section 285B.620 - Oregon Business Retention and Expansion Program Fund; sources; uses.

Section 285B.622 - Transfer of moneys from Strategic Reserve Fund.

Section 285B.625 - Legislative findings.

Section 285B.626 - Definitions for ORS 285B.625 to 285B.632.

Section 285B.627 - Oregon Industrial Site Readiness Program; purpose; application; tax reimbursement arrangement; loan agreement; rules.

Section 285B.630 - Department to obtain employment and wage information for eligible employers at regionally significant industrial sites and determine estimated incremental income tax revenues; transfer of certified amounts to fund; rules.

Section 285B.632 - Oregon Industrial Site Readiness Program Fund; sources; uses.

Section 285B.635 - Legislative findings.

Section 285B.636 - Definitions for ORS 285B.635 to 285B.640.

Section 285B.637 - Oregon Industrial Site Readiness Assessment Program; purpose; application; grant eligibility; limitations; rules.

Section 285B.640 - Oregon Industrial Site Readiness Assessment Program Fund; sources; uses.

Section 285B.642 - Findings in furtherance of economic development.

Section 285B.651 - Definitions for ORS 285B.651 to 285B.676.

Section 285B.655 - Distributions to assist rural jurisdictions with applications for funding.

Section 285B.660 - Oregon Business Development Department to develop policy for distributions, work with district association, oversee rural grant services.

Section 285B.664 - Requirements for member district receiving moneys; agreements with regional solutions advisory committees; quarterly reports; member district hiring authority.

Section 285B.670 - Annual report to legislature by Oregon Business Development Department.

Section 285B.676 - Oregon Rural Capacity Fund.

Section 285B.740 - Legislative intent; delegation of loan program responsibilities; powers of department; loan fees.

Section 285B.743 - Application for entrepreneurial development loan; eligibility; rules.

Section 285B.746 - Conditions for loan approval.

Section 285B.749 - Additional conditions for loan approval; maximum term and amount of loan.

Section 285B.753 - Indexing of annual revenue limit amount and maximum loan amount.

Section 285B.758 - Oregon Entrepreneurial Development Loan Fund; uses.

Section 285B.764 - Definitions for ORS 285B.764 to 285B.775.

Section 285B.768 - Oregon Business Development Department to develop and implement loan program; limits and requirements.

Section 285B.771 - Application process; assistance from technical assistance provider required; referral of application to Oregon Business Development Department; payment of closing costs; payment of loan proceeds.

Section 285B.774 - Disadvantaged and Emerging Small Business Loan Fund.

Section 285B.775 - Annual report by Oregon Business Development Department to legislature.

Section 285B.780 - Purpose.

Section 285B.784 - Definitions for ORS 285B.780 to 285B.799.

Section 285B.787 - RFP process for awards to lenders; limits; approval criteria.

Section 285B.791 - Agreements with lenders; terms; waiver and breach of lender obligations upon borrower default; minimum total loan principal amount.

Section 285B.794 - Annual report by lenders.

Section 285B.797 - Release of lender and use of balance in account; repayment of balance.

Section 285B.799 - Biennial report by Oregon Business Development Department to legislature.