2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285A - Economic Development I › Section 285A.167 - Broadband Fund; use of moneys; authority to contract.

(1) The Broadband Fund is established, separate and distinct from the General Fund. Interest earned by the Broadband Fund shall be credited to the fund. Moneys in the Broadband Fund are continuously appropriated to the Oregon Business Development Department to be used by the Oregon Broadband Office for the following purposes:
(a) Administering the office;
(b) Carrying out the duties of the office listed in ORS 285A.166;
(c) Providing grants or loans through the program established by rule under section 5, chapter 17, Oregon Laws 2020 (first special session);
(d) Providing financial assistance under ORS 285A.180; and
(e) Covering the administrative costs associated with the fund and with making grants, loans and other distributions of moneys from the fund.
(2) The fund consists of:
(a) Moneys appropriated or transferred to the fund by the Legislative Assembly;
(b) Moneys transferred to the fund pursuant to ORS 759.425;
(c) Loans repaid to the fund and interest due on the loans;
(d) Amounts donated to the fund;
(e) Moneys transferred to the fund from the federal government, state agencies or local governments;
(f) Lottery bond proceeds allocated by the Legislative Assembly for deposit in the fund;
(g) Earnings received on moneys in the fund; and
(h) Other amounts deposited in the fund from any sources.
(3) The Broadband Fund is established to provide a flexible funding source for financing programs and projects that support broadband access, affordability or adoption in this state and to support the office in carrying out the duties of the office listed under ORS 285A.166. Notwithstanding ORS 279A.140, the department may enter into contracts as necessary or appropriate to implement programs or projects determined by the department to further broadband access, affordability or adoption.
(4) The department may:
(a) Adopt objective criteria and standards for the use and allocation of moneys in the Broadband Fund.
(b) Establish accounts and subaccounts within the fund when the department determines that accounts or subaccounts are necessary or desirable. [2020 s.s.1 c.17 §4; 2022 c.76 §1; 2023 c.338 §2]
Note:
The amendments to 285A.167 by section 3, chapter 338, Oregon Laws 2023, become operative January 2, 2030. See section 7, chapter 338, Oregon Laws 2023. The text that is operative on and after January 2, 2030, is set forth for the user’s convenience.
(1) The Broadband Fund is established, separate and distinct from the General Fund. Interest earned by the Broadband Fund shall be credited to the fund. Moneys in the Broadband Fund are continuously appropriated to the Oregon Business Development Department to be used by the Oregon Broadband Office for the following purposes:
(a) Administering the office;
(b) Carrying out the duties of the office listed in ORS 285A.166;
(c) Providing financial assistance under ORS 285A.180; and
(d) Covering the administrative costs associated with the fund and with making grants, loans and other distributions of moneys from the fund.
(2) The fund consists of:
(a) Moneys appropriated or transferred to the fund by the Legislative Assembly;
(b) Loans repaid to the fund and interest due on the loans;
(c) Amounts donated to the fund;
(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 sources.
(3) The Broadband Fund is established to provide a flexible funding source for financing programs and projects that support broadband access, affordability or adoption in this state and to support the office in carrying out the duties of the office listed under ORS 285A.166. Notwithstanding ORS 279A.140, the department may enter into contracts as necessary or appropriate to implement programs or projects determined by the department to further broadband access, affordability or adoption.
(4) The department may:
(a) Adopt objective criteria and standards for the use and allocation of moneys in the Broadband Fund.
(b) Establish accounts and subaccounts within the fund when the department determines that accounts or subaccounts are necessary or desirable.
Note:
285A.167 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 285A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Note:
Sections 5, 6 and 9, chapter 17, Oregon Laws 2020 (first special session), provide:
Sec. 5.
(1) The Oregon Business Development Department shall establish by rule a program for providing grants or loans to assist eligible applicants with projects for:
(a) The planning and development of broadband service infrastructure;
(b) Digital literacy including cybersecurity;
(c) Digital inclusion; and
(d) Digital adoption.
(2) The program shall be funded only by moneys transferred to the Broadband Fund established under section 4, chapter 17, Oregon Laws 2020 (first special session) [285A.167], pursuant to ORS 759.425.
(3) In establishing the program required by this section, the department shall take into consideration all federal funding opportunities for the planning and development of broadband service infrastructure and shall endeavor to administer the program in a manner that serves to maximize the total available state and federal support for broadband development and related planning. [2020 s.s.1 c.17 §5; 2023 c.338 §4]
Sec. 6.
The Oregon Broadband Advisory Council shall include in the biennial report required under ORS 285A.160 an evaluation of the continuing need for the program established by rule under section 5, chapter 17, Oregon Laws 2020 (first special session), including any recommendations regarding the repeal, by section 9, chapter 17, Oregon Laws 2020 (first special session), of the program established by rule under section 5, chapter 17, Oregon Laws 2020 (first special session). [2020 s.s.1 c.17 §6; 2023 c.338 §5]
Sec. 9.
(1) Sections 5 and 6, chapter 17, Oregon Laws 2020 (first special session), are repealed on January 2, 2030.
(2) Any moneys in the Broadband Fund established under section 4, chapter 17, Oregon Laws 2020 (first special session) [285A.167], that are from the universal service fund established under ORS 759.425 and that are unexpended and unobligated on January 2, 2030, revert to the universal service fund established under ORS 759.425.
[2020 s.s.1 c.17 §9; 2023 c.338 §6]