Bill Text: OR SB253 | 2013 | Regular Session | Enrolled


Bill Title: Relating to development of large industrial sites; and appropriating money.

Spectrum: Committee Bill

Status: (Passed) 2013-08-21 - Effective date, January 1, 2014. [SB253 Detail]

Download: Oregon-2013-SB253-Enrolled.html


     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         Senate Bill 253

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Business, Transportation and Economic Development)

                     CHAPTER ................

                             AN ACT

Relating to development of large industrial sites; and
  appropriating money.

Be It Enacted by the People of the State of Oregon:

  SECTION 1.  { + The Legislative Assembly finds that:
  (1) A competitive supply of market-ready regionally significant
industrial sites is critical to the expansion and recruitment of
traded sector industries in this state.
  (2) Traded sector industries are the foundation of state and
regional economic development strategies for long-term prosperity
and job creation.
  (3) There is a shortage of market-ready regionally significant
industrial sites in this state and limited financial tools and
developers available to facilitate the development of regionally
significant industrial sites in this state.
  (4) Financial assistance is required to facilitate the
determination of necessary actions, costs and development-related
constraints involved in ensuring the availability of a
competitive supply of market-ready regionally significant
industrial sites suitable for industrial use and development in
this state. + }
  SECTION 2.  { + As used in sections 1 to 4 of this 2013 Act:
  (1) 'Due diligence assessment' means an assessment of the
actions, costs and time frames involved in bringing regionally
significant industrial sites to market-ready status, including
but not limited to wetland delineation, geotechnical
investigation, environmental assessment and traffic analysis.
  (2) 'Economic development district' means one of the following:
  (a) The Affiliated Tribes of Northwest Indians Economic
Development Corporation, serving tribal members of the
Burns-Paiute Tribe, the Confederated Tribes of Coos, Lower Umpqua
and Siuslaw Indians, the Confederated Tribes of Grand Ronde, the
Confederated Tribes of Siletz Indians, the Confederated Tribes of
the Umatilla Indian Reservation, the Confederated Tribes of the
Warm Springs Reservation of Oregon, the Coquille Indian Tribe,
the Cow Creek Band of Umpqua Tribe of Indians and the Klamath
Tribes.
  (b) The Cascades West Economic Development District, serving
Benton, Lane, Lincoln and Linn Counties.

Enrolled Senate Bill 253 (SB 253-B)                        Page 1

  (c) The Columbia-Pacific Economic Development District, serving
Clatsop, Columbia and Tillamook Counties and western Washington
County.
  (d) The CCD Business Development Corporation, serving Coos,
Curry and Douglas Counties.
  (e) The Greater Eastern Oregon Development Corporation, serving
Gilliam, Grant, Morrow, Umatilla, Wheeler, Harney and Malheur
Counties.
  (f) The Central Oregon Intergovernmental Council, serving
Crook, Deschutes and Jefferson Counties.
  (g) The Mid-Columbia Economic Development District, serving
Hood River, Wasco and Sherman Counties.
  (h) The Mid-Willamette Valley Council of Governments, serving
Marion, Polk and Yamhill Counties.
  (i) The South Central Oregon Economic Development District,
serving Lake and Klamath Counties.
  (j) The Northeast Oregon Economic Development District serving
Baker, Union and Wallowa Counties.
  (k) Southern Oregon Regional Economic Development, Inc.,
serving Jackson and Josephine Counties.
  (L) Greater Portland, Inc.?Portland-Vancouver Economic
Development District, serving Multnomah, Clackamas and Washington
Counties.
  (3) 'Industrial use' means employment activities, including but
not limited to manufacturing, assembly, fabrication, processing,
storage, logistics, warehousing, importation, distribution,
transshipment and research and development, that generate income
from the production, handling or distribution of goods or
services, including goods or services in the traded sector.
  (4) 'Local government' has the meaning given that term in ORS
197.015.
  (5) 'Market-ready' means that a regionally significant
industrial site has been issued all appropriate and necessary
building permits.
  (6) 'Region' means an economic development district, a port
district as defined in ORS 285A.666 or an area within the
jurisdiction of a local government.
  (7) 'Regional industrial land inventory' means an inventory of
regionally significant industrial sites in a region that
identifies development-related constraints and opportunities to
develop regionally significant industrial sites and that rates
the sites based on market-ready status.
  (8) 'Regionally significant industrial site' means an area
planned and zoned for industrial use that:
  (a)(A) Contains a site or sites, including brownfields, that
are suitable for the location of new industrial uses or the
expansion of existing industrial uses and that can provide
significant additional employment in the region;
  (B) Has site characteristics that give the area significant
competitive advantages that are difficult or impossible to
replicate in the region; and
  (C) Has superior access to transportation and freight
infrastructure, including but not limited to rail, port, airport,
multimodal freight or transshipment facilities and other major
transportation facilities or routes; or
  (b) Is land designated by Metro, as defined in ORS 197.015, as
a regionally significant industrial area.
  (9) 'Willing property owner' means a public or private property
owner that is committed to bringing a regionally significant

Enrolled Senate Bill 253 (SB 253-B)                        Page 2

industrial site to a state of market-readiness and pursuing
development of the site for industrial use. + }
  SECTION 3.  { + (1) The Oregon Business Development Department
shall establish and administer the Oregon Industrial Site
Readiness Assessment Program. The purpose of the program is to
provide grants on a competitive basis from funds that are
available in the Oregon Industrial Site Readiness Assessment
Program Fund established in section 4 of this 2013 Act, to:
  (a) Public owners of regionally significant industrial sites or
public entities that have entered into development agreements or
other agreements with private owners with respect to regionally
significant industrial sites, to perform due diligence
assessments, define development-related constraints and create
detailed development plans to move the site toward a state of
market-readiness; and
  (b) Public owners of regionally significant industrial sites or
public entities that have entered into development agreements or
other agreements with private owners with respect to regionally
significant industrial sites, acting on behalf of regions for the
purposes of performing regional industrial land inventories and
prioritizing sites for due diligence assessment and site
preparation assistance.
  (2) In each fiscal year of a biennium:
  (a) Eighty percent of all moneys available for making grants
under this section is reserved for grants to be made pursuant to
subsection (1)(a) of this section; and
  (b) Twenty percent of all moneys available for making grants
under this section is reserved for grants to be made pursuant to
subsection (1)(b) of this section.
  (3) The department may prioritize grants to be made under this
section based on established targets for regional allocations.
  (4) Public owners of regionally significant industrial sites or
public entities that have entered into development agreements or
other agreements with private owners with respect to regionally
significant industrial sites may apply to participate in the
program by submitting an application in writing in a form
prescribed by the department by rule.
  (5) The department shall establish by rule criteria and
standards for successful applicants under the program. At a
minimum, the applicant must demonstrate that:
  (a) For grants made under subsection (1)(a) of this section:
  (A) The applicant has obtained a willing property owner;
  (B) The applicant has received the support of the region in
which the regionally significant industrial site is located, or
the regionally significant industrial site is located in an area
that has been designated a regionally significant industrial area
as defined in ORS 197.722;
  (C) The regionally significant industrial site is not currently
market-ready and has not been certified by the department as
ready for development within six months or less as of the date on
which the application is submitted; and
  (D) The applicant can provide matching funds in an amount to be
determined by the department.
  (b) For grants made under subsection (1)(b) of this section:
  (A) The applicant is committed and has the ability to perform
regional industrial land inventories for a specific region;
  (B) The applicant is committed and has the ability to
prioritize regionally significant industrial sites in a region
for due diligence assessment and site preparation funding; and

Enrolled Senate Bill 253 (SB 253-B)                        Page 3

  (C) The applicant can provide matching funds in an amount to be
determined by the department.
  (6) Grants made under subsection (1)(a) of this section may not
exceed $100,000 per site. Grants made under subsection (1)(b) of
this section may not exceed $50,000 per region. + }
  SECTION 4.  { + The Oregon Industrial Site Readiness Assessment
Program Fund is established in the State Treasury, separate and
distinct from the General Fund. The Oregon Industrial Site
Readiness Assessment Program Fund consists of moneys
appropriated, allocated, deposited or transferred to the fund by
the Legislative Assembly and interest earned on moneys in the
fund. Amounts in the fund are continuously appropriated to the
Oregon Business Development Department for the purposes of making
grants under section 3 of this 2013 Act and to implement and
administer sections 1 to 4 of this 2013 Act. Interest earned on
the fund shall be deposited into the fund. + }
  SECTION 5.  { + The Legislative Assembly finds that the
implementation and administration of the Oregon Industrial Site
Readiness Assessment Program under sections 1 to 4 of this 2013
Act will further economic development by facilitating the
development of regionally significant industrial sites that are
market-ready in this state. + }
  SECTION 6.  { + The Oregon Business Development Department
shall report on the Oregon Industrial Site Readiness Assessment
Program to the committees of the Seventy-eighth Legislative
Assembly with authority over the subject area of economic
development during the 2015 regular session. + }
                         ----------

Passed by Senate July 3, 2013

    .............................................................
                               Robert Taylor, Secretary of Senate

    .............................................................
                              Peter Courtney, President of Senate

Passed by House July 6, 2013

    .............................................................
                                     Tina Kotek, Speaker of House

Enrolled Senate Bill 253 (SB 253-B)                        Page 4

Received by Governor:

......M.,............., 2013

Approved:

......M.,............., 2013

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2013

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled Senate Bill 253 (SB 253-B)                        Page 5
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