77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

SA to A-Eng. HB 2345

LC 2540/HB 2345-A6

                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2345

   By COMMITTEE ON RURAL COMMUNITIES AND ECONOMIC DEVELOPMENT

                             June 4

  On page 1 of the printed A-engrossed bill, line 2, after the
semicolon insert 'creating new provisions; amending ORS 777.262
and 777.267;'.
  On page 3, line 33, delete 'October 1' and insert ' December
31'.
  On page 4, after line 2, insert:
  '  { +  SECTION 3. + } ORS 777.262 is amended to read:
  ' 777.262. (1) The Legislative Assembly finds:
  ' (a) That recent changes in federal law authorize the United
States Army Corps of Engineers to require ports and other local
communities to provide a portion of the costs of dredging harbors
and channels near those communities;
  ' (b) That port districts and communities in this state cannot
afford to pay the costs necessary to continue the dredging
activities that are essential to keep the major harbors and
waterways navigable for larger vessels in maritime trade; and
  ' (c) That the State of Oregon must therefore pay for
 { - such - }  { +  the + } dredging activities when ports
cannot, or this state must tolerate the loss of maritime trade
and commerce that will inevitably result from the halt of
dredging activities.
  ' (2) Therefore, it is the purpose of this section and  { + one
purpose of + } ORS 777.267 to provide a method of financing
 { - required - }  { + all or part of the nonfederal portion of
the costs of + } dredging activities  { + that constitute new
federally authorized navigation improvements + } in the ports of
this state when those ports are unable to finance   { - such - }
 { +  the + } activities.
  '  { +  SECTION 4. + } ORS 777.267 is amended to read:
  ' 777.267. (1)   { - There is established in the State
Treasury - } The Marine Navigation Improvement Fund { +  is
established in the State Treasury, separate and distinct from the
General Fund + }. Interest earned by the Marine Navigation
Improvement Fund shall be credited to the fund. The moneys in the
fund and interest earnings on the moneys in the fund are
continuously appropriated to the Oregon Business Development
Department for the Oregon Infrastructure Finance Authority for
the purposes of:
  ' (a) Paying a portion of the  { + construction + } costs of
dredging activities that  { + constitute new federally authorized
navigation improvement projects and + } are carried out in the
harbors and channels on the Oregon coast and along the Columbia
River when federal law or regulation requires a portion of the
costs   { - of such dredging - }  to be paid by nonfederal
interests;   { - and - }
  ' (b) Paying the study and construction costs of other new
navigation improvement projects that directly support { + , or
provide access to, + } a federally authorized navigation
improvement project  { - . - }  { + ; and

  ' (c) Paying the study and construction costs of maintenance
projects related to existing federally authorized navigation
improvement projects. + }
  ' (2) The Marine Navigation Improvement Fund established by
this section consists of moneys appropriated to the fund by the
Legislative Assembly, repayment of loans made with moneys in the
fund and bond proceeds deposited in the fund.
  ' (3) Moneys in the fund shall be used primarily to make loans
to ports for eligible projects. The authority may award a grant
or provide other assistance from moneys in the fund to a port for
an eligible project only if a loan is not feasible due to the
financial hardship of the port or other special circumstances, as
set forth in rules adopted by the department.
  ' (4) Eligibility for assistance from the Marine Navigation
Improvement Fund shall be limited to and funded, subject to the
availability of funds, in the following order of priority:
  '  { - (a) Federally authorized studies and construction of new
navigation improvement projects. - }
  '  { +  (a) Maintenance projects related to existing federally
authorized navigation improvement projects. + }
  ' (b) Other new navigation improvement projects   { - if the
projects - }   { + that + } directly support { + , + } or provide
access to { + , + } a federally authorized navigation improvement
project or a federally authorized navigation channel.
  '  { +  (c) New federally authorized navigation improvement
projects. + }
  ' (5)  { + The authority shall limit + } financial assistance
for construction costs under subsection   { - (4)(a) - }
 { + (1)(a) + } of this section   { - shall be limited - }  to
those projects that have completed all federally required studies
 { - and have confirmed positive cost-benefit ratios as required
by the National Economic Development Plan - } .
  ' (6)  { + The authority shall limit + } financial assistance
for construction costs under subsection   { - (4)(b) - }
 { + (1)(b) + } of this section   { - is limited - }  to projects
sponsored by a port, as defined in ORS 777.005 or 778.005, that
meet criteria developed by the authority.
  ' (7)  { + The authority shall limit + } financial assistance
for
  { - studies of other new construction projects - }   { + study
costs + } under subsection (1)(b) of this section   { - is
limited - }  to projects that meet criteria developed by the
authority.
  '  { +  (8) The authority shall limit financial assistance for
study and construction costs under subsection (1)(c) of this
section to projects that meet criteria developed by the
authority. + } ' .
  In line 3, delete '3' and insert '5'.
  In line 4, delete '4' and insert '6'.
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