(1) The Oregon Business Development Department shall provide financial assistance in the form of loans or grants for the purpose of supporting broadband access, affordability and adoption.

(2) The department may establish one or more programs for providing financial assistance under this section. For each program the department establishes, the department shall, by rule, establish:

(a) Criteria for applications and for determining the eligibility of applicants and proposed projects for a loan or grant;

(b) Criteria for the department to evaluate competitive applications and for awarding a loan or grant;

(c) Reporting requirements for a loan or grant recipient; and

(d) A process for identifying and protecting from disclosure, except as permitted by state and federal law, information or data that are submitted to the department by an applicant or recipient and that may be subject to confidentiality protections provided by law or are exempt from public records disclosure.

(3) In addition to the rules required under subsection (2)(a) to (d) of this section, for each program the department establishes to support broadband service infrastructure, the department shall, by rule, establish:

(a) Criteria for determining whether a location qualifies as an underserved location or unserved location for the purpose of giving preference to proposed projects that support broadband service infrastructure to underserved locations or unserved locations in this state;

(b) Reporting requirements for a loan or grant recipient to identify the geographic area and locations served or that will be served by the project;

(c) A process for providing public notice of pending applications;

(d) A public process for interested persons to submit comments on pending applications; and

(e) A process for challenging an application.

(4)(a) The department shall comply with the provisions of ORS Chapter 183 in adopting rules and awarding loans or grants under a program. Final orders issued under a program are subject to judicial review as provided in ORS Chapter 183.

(b) When awarding a loan or grant under a program to support broadband service infrastructure, the department shall provide a notice of award. The notice of award shall be a final order in an other than contested case proceeding and reviewable pursuant to ORS § 183.480 with jurisdiction for judicial review conferred by ORS § 183.484.

(5) The department, in consultation with the Oregon Broadband Advisory Council and consistent with applicable federal requirements, shall, by rule, establish goals for broadband service speeds provided in this state to be used when establishing criteria under subsection (3)(a) of this section.

(6) The department shall define by rule the term ‘broadband service infrastructure program’ for purposes of implementing the provisions of this section.

(7) The department may adopt rules necessary to carry out the provisions of this section. [2023 c.338 § 1]

285A.180 and 285A.181 were enacted into law by the Legislative Assembly but were 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.