Arena financing bill forms joint authority

Summary#

SB 1501, titled “Relating to the Moda Center; and declaring an emergency,” creates new state-law provisions; it does not amend a named existing Act. It authorizes Oregon’s Department of Administrative Services (DAS) to negotiate an agreement to form a joint authority with public bodies to own and oversee the Moda Center. The stated goal is to support the arena’s construction, renovation, upkeep and operation. The supplied status says the bill is signed into law, and its emergency clause makes it effective on passage.

  • The joint authority would be formed by agreement, not automatically by the bill. Before state debt can be issued or the specified General Fund transfers can be made, several conditions must be met, including NBA approval of a change in Trail Blazers ownership and substantial financing commitments from Portland and Multnomah County.
  • A new Oregon Arena Fund would pay joint-authority expenses. The Legislative Assembly declares an intention to issue debt yielding $365 million, but does not legally commit the state to do so.
  • Once the conditions are met, the state must transfer to the fund amounts measured by certain wage-tax withholdings and estimated performer income taxes. The transfers are from the General Fund, not a change to anyone’s tax rate or tax bill.
  • The joint authority and arena management entity must agree to a lease of at least 20 years, give the authority final approval of renovation scope, schedule and budget, and include specified remedies for certain breaches.
  • If DAS forms the authority, it must report quarterly to the legislative committee on renovations, spending and revenue. That reporting rule ends January 2, 2032.

What it means for you#

  • Oregon taxpayers: The bill does not raise taxes or require the Legislature to provide money to the fund. But, if the required conditions are met, it requires General Fund transfers based on the specified tax amounts. The bill also permits state debt for the project, subject to those conditions.
  • Portland and Multnomah County: They must make binding and substantial financing commitments before state debt or the specified transfers can proceed.
  • Arena management entity: It must commit to lease the Moda Center for at least 20 years. The agreements must also allow the joint authority to approve project scope, schedule and budget, and provide remedies including injunctive relief and liquidated damages for specified breaches.
  • Employers and performers in the Rose Quarter: Their wage withholding or performer income-tax information may be used to calculate transfer amounts. The bill allows agencies to require taxpayer reporting and share tax data with safeguards under confidentiality laws. It does not change the tax owed.
  • General public: The bill does not create an application process or a new front-line service. The joint authority’s specific membership and governance rules are not set out in the bill.

Money#

The bill appropriates $1,511,985 to DAS for implementation through June 30, 2027; the total cost of the arena plan is not stated.

  • The Legislature declares its current intention to issue debt yielding $365 million in net proceeds. This is not a legal obligation to issue the debt.
  • If the conditions are met, the state must transfer amounts equal to specified wage-tax withholdings and estimated performer income taxes from the General Fund to the Arena Fund. The transfers continue until the later of the stated lease-related date or the retirement of the relevant state debt.
  • The fund may also receive money from the Legislature and public or private sources. Certain debt proceeds and Multnomah County contributions may be used only for construction, renovation, maintenance, deferred maintenance and debt service.
  • No publicly available information in the supplied material gives the debt terms, expected debt service, county or city contribution amounts, or total project cost.

What is unclear#

  • The bill does not specify who would govern the joint authority, how votes would work, or how the public would take part in its decisions.
  • It does not state the amount or timing of Portland’s and Multnomah County’s required commitments; DAS must decide whether they are “substantial.”
  • Terms such as “related to” Rose Quarter operations and “substantial” commitments are not defined in the bill.
  • The bill does not set a cap on the specified General Fund transfers or explain how the transfer amounts would interact with other public funding for the arena.
  • The bill does not provide debt terms, a complete project budget, or a renovation schedule.

Case for#

  • The bill gives a public authority a defined role in arena ownership, oversight and renovation approvals while requiring a long-term lease with the management entity.
  • A possible argument for the funding conditions is that public debt and transfers should not proceed until the team’s ownership change is approved and local governments make substantial commitments.
  • The required agreements must address cost overruns and provide remedies for specified breaches, which could limit some risks to the joint authority.
  • Quarterly legislative reporting could give lawmakers regular information about project progress, spending and revenue.

Case against#

  • One concern is that the bill requires General Fund transfers based on the specified tax amounts, but sets no cap on those transfers and does not state their likely total.
  • The bill allows state debt while leaving its terms and expected repayment costs unknown; the $365 million figure is an intention, not a binding limit or commitment.
  • The agreement-making power and many important decisions—including whether the state needs an ownership interest—are left to DAS and the agreements, without detailed governance rules in the bill.
  • The bill requires city and county financing commitments but does not specify their amounts, leaving the scale of local costs unclear.

Votes

Senate Committee Do pass with amendments and requesting referral to Ways and Means. (Printed A-Engrossed.)

For (80%)
Against (20%)

Senate Committee Do pass with amendments to the A-Eng bill. (Printed B-Eng.)

For (92%)
Paired (8%)

Senate Third Reading

For (80%)
Against (20%)