951-007-0010 Eligibility Determination (1) Except as set forth in sections (2), (3) and (4), the OFVO will approve the applications for eligibility for productions that satisfy the following requirements: (a) The production satisfies the non-monetary portions of the “qualifying film or television production” definition. (b) If Actual Oregon Expenses are reasonably anticipated to equal but not less than $75,000. (c) The project is reasonably anticipated to be eligible for OPIF or L-OPIF funds per 951-002-0010 & 951-006-0010. (d) The filmmaker or local filmmaker includes, with its application, a letter to the OFVO stating its intent for and details of a production or a portion of a production to take place in Oregon outside of the Portland Metropolitan Zone and its willingness and ability to enter into a contract with the OFVO setting forth the terms and conditions of reimbursement. (e) For filmmakers or local filmmakers who’s production office is located within the Portland Metropolitan Zone all the following conditions must be satisfied in order to qualify for rOPIF funds: (A) At least one full day of principal shooting unit production work (from principal shooting crew call time to principal shooting unit camera wrap) must be done completely outside of the Portland Metropolitan Zone. (B) Qualifying film or television production work must occur in the state no earlier than July 1, 2017. (f) For filmmakers or local filmmakers who’s production office is located outside of the Portland Metropolitan Zone all the following conditions must be satisfied in order to qualify for rOPIF funds: (A) At least fifty percent (50%) plus one day of the principal shooting unit’s production work in the state of Oregon must be done completely outside of the Portland metropolitan zone. (B) At least six (6) principal shooting unit production days must be shot within the state of Oregon. (C) Qualifying film or television production work must occur in the state no earlier than July 1, 2017. (2) The following productions are not eligible: (a) A production with respect to which the filmmaker or local filmmaker withdraws its application for eligibility determination. (b) A production which is otherwise ineligible for OPIF or L-OPIF funds per 951-002-0010 & 951-006-0010. (3) If the OFVO receives multiple relatively concurrent applications for eligibility determinations and there are not sufficient funds available in the rOPIF to pay the anticipated reimbursements with respect to all of the productions, the OFVO will determine which applications to approve and which to deny based on the following factors: (a) Satisfaction of requirements of section (1) (b) Chronological order of receipt of application (c) Amount of Actual Oregon Expenses (d) Number of production workers expected to be hired (e) Experience level of filmmaker or local filmmaker (f) Reputation of the filmmaker or local filmmaker and its principals (g) Estimated production start date (h) Other benefits to Oregon, including but not limited to shooting location outside of the Portland metropolitan zone, promotional value, long-term financial benefits, contribution to development of Oregon’s crew and talent base or production industry infrastructure. (i) Whether the filmmaker or local filmmaker intends to pay prevailing industry rates and provide health, retirement and other benefits. (4) Upon approval of an application for eligibility with respect to a production, the filmmaker or local filmmaker must enter into a contract with OFVO stipulating its intent to undertake production spending entirely or in part outside of the Portland Metropolitan Zone, and setting forth the terms and conditions of the reimbursement. If the filmmaker or local filmmaker and the OFVO have not entered into the contract within 30 days of its eligibility approval, the filmmaker or local filmmaker’s eligibility will be automatically revoked unless the OFVO, in its discretion, extends the deadline for contract execution. (5) rOPIF funds will not be available for reimbursement unless and until the later date of full funding of the FY 2017-2018 OPIF program or July 1, 2017. Statutory/Other Authority: ORS284.368(4) Statutes/Other Implemented: ORS284.368(4) History: FVO 1-2022, amend filed 03/28/2022, effective 03/28/2022 FVO 2-2017, f. & cert. ef. 5-2-17