justicedao/ipfs_state_laws huggingface dataset:
123-623-1115 Specially Preserved Rural Areas On and after October 5, 2015, the following remain rural areas under ORS 285C.600 pursuant to section 2, chapter 518, Oregon Laws 2015: (1) Any area inside Clackamas Rural SIZ #1, designated September 24, 2010, and sponsored by Clackamas County and the cities of Canby, Estacada, Happy Valley, Molalla and Sandy; and (2) Tax lot 2900 in the southeast quarter of section 21 of Township 1 North, Range 2 West of the Willamette Meridian (1N221-2900) in Washington County. Statutory/Other Authority: ORS 285A.075 & 285C.615(7) Statutes/Other Implemented: ORS 285C.600 & OrLaws 2015 ch. 518 §2 History: OBDD 17-2023, amend filed 07/05/2023, effective 07/05/2023 OBDD 13-2017, amend filed 11/29/2017, effective 11/29/2017 OBDD 2-2016, f. & cert. ef. 1-29-16
123-623-1250 Eligibility Criteria of the Commission Under the definition of “eligible project” as used in ORS 285C.600: (1) The Commission may establish criteria in order for property to receive Abatement either by resolution or as described in this division of administrative rules. (2) The Commission may reject or revoke an Application up to 18 months after its approval and before the Abatement has begun, if the Approved Project will or does take place in conjunction with what the Commission deems to be substantial curtailment of employment at operations under the control of the Applicant (including but not limited to another commonly controlled business firm) anywhere in this state. Mitigating factors include: (a) Applicant’s candidness and cooperation in addressing such conjunction; (b) Such curtailment’s being unrelated and only coincidental to proposed investments; or (c) Compensating actions by the Applicant. Statutory/Other Authority: ORS 285A.075 & 285C.615(7) Statutes/Other Implemented: ORS 285C.600 & 285C.606 History: OBDD 2-2016, f. & cert. ef. 1-29-16 Renumbered from 123-023-1250 by OBDD 18-2010, f. 4-30-10, cert. ef. 5-1-10 EDD 25-2008, f. 7-31-08, cert. ef. 8-1-08
123-623-1300 Local Hiring For purposes of ORS 285C.603: (1) Prospective Applicants and County/local governments are encouraged to consider creative and cooperative means to promote gainful work for persons already residing in the proximate area or region of the Approved Project for: (a) Jobs associated with the Approved Project’s facility or operations; and (b) Persons employed in the construction or installation of property or by other types of associated contractors, vendors or suppliers. (2) The means to achieve section (1) of this rule shall not create any: (a) Undue burden on the Applicant relative to the nature, needs or competitiveness of the Approved Project; or (b) Explicit bias against anyone’s rights or access to the privilege of employment, such as specifying residency-based hiring criteria proscribed by OP-8236, Oregon Attorney General (April 20, 1995). (3) The job fair in OAR 123-623-1500(2)(c)(E) is expected to take place: (a) In the vicinity of the project and in relation to this rule and the First Source Hiring Agreement, although the announcement may also be statewide. (b) Only after the local agreement in OAR 123-623-1525(1) or 123-623-1550(2), either: (A) In conjunction with the business firm’s main drive to recruit employees and to fill open positions at the Approved Project in anticipation of commencing new operations; or (B) Directly prior to commencing new operations in the absence of significant job openings. Statutory/Other Authority: ORS 285A.075 & 285C.615(7) Statutes/Other Implemented: ORS 285C.603, 285C.606, 285C.609 & 285C.623 History: OBDD 14-2024, amend filed 06/10/2024, effective 06/10/2024 OBDD 2-2016, f. & cert. ef. 1-29-16 Renumbered from 123-023-1300 by OBDD 18-2010, f. 4-30-10, cert. ef. 5-1-10 EDD 25-2008, f. 7-31-08, cert. ef. 8-1-08 EDD 10-2004, f. & cert. ef. 5-24-04
123-623-1400 Making Application (1) An Applicant seeking the Commission’s determination of an eligible project for Abatement must submit an Application to the Department. (2) In addition to what is required by the Application or in this division of administrative rules, the Applicant shall submit any information requested by the Department for purposes of evaluating the Application. (3) Not less than 21 days after having received a complete Application, as described in OAR 123-623-1500, the Department shall arrange for the Commission to initially consider it at a regular or special meeting. Under extenuating circumstances, the Department may dispense with this minimum period. (4) The Application form is available from and submitted to: Incentives – Economic Development, Business Oregon, State Lands Building Suite 310, 775 Summer Street NE, Salem OR 97301, see www.oregon.gov/biz . (5) An Applicant may submit an Application that is incomplete for lack of local agreement/approval, which the Department effectively receives and holds pending completion, in order that subsequently acquired, constructed or installed property avoids classification as Existing Property or for other reasons, so long as the Application includes: (a) The fee described in OAR 123-623-1800(1); (b) All required information or documentation currently available to the Applicant; and (c) What the Department deems to be sufficient evidence that the Applicant has been in contact with the County to initiate steps under ORS 285C.609, including but not limited to local submission of a formal application if the County has previously established such procedures. (6) Section (5) of this rule is not applicable to proposed investments using an SIZ. All local processing and approval of such a project must be completed before submission of an Application. (7) No later than 30 days after the County has approved the project, the Applicant and County shall ensure that the Department is in receipt of a complete Application with all of the pertinent materials or evidence described in this rule and OAR 123-623-1500 or 123-623-1550. Statutory/Other Authority: ORS 285A.075 & 285C.615(7) Statutes/Other Implemented: ORS 285C.606 & 285C.626 History: OBDD 24-2024, minor correction filed 10/17/2024, effective 10/17/2024 OBDD 14-2024, amend filed 06/10/2024, effective 06/10/2024 OBDD 14-2020, amend filed 08/12/2020, effective 08/12/2020 OBDD 13-2017, amend filed 11/29/2017, effective 11/29/2017 OBDD 2-2016, f. & cert. ef. 1-29-16 Renumbered from 123-023-1400 by OBDD 18-2010, f. 4-30-10, cert. ef. 5-1-10 EDD 25-2008, f. 7-31-08, cert. ef. 8-1-08 EDD 10-2004, f. & cert. ef. 5-24-04, Renumbered from 123-023-0401 EDD 7-1999, f. & cert. ef. 9-30-99
123-623-1500 Contents of Application, Generally The Application must include: (1) A copy of a First Source Hiring Agreement according to OAR 123-070 that takes effect beginning no later than when any hiring for the Approved Project commences and ending no sooner than June 30 of the final tax year of Abatement. (2) Information required in the Application form, including but not limited to full company identification, nature of proposed operations, hiring/payroll projections, proposed investment(s), status of local approval, and any exceptional impact on public services, as well as: (a) The number of Retained Jobs over the 12 months preceding the Department’s receipt of the Application at the site, facility or operations, to which the proposed investment will be made; (b) Full disclosure for purposes of OAR 123-623-1250, including but not limited to any probable reduction in the operations, employment or the like at any other facility in this state that is owned or operated by the Applicant or a commonly controlled business firm, within one year after making application, regardless of proximity or relationship to the proposed investment(s); and (c) Commitments to: (A) Address the exhortation under ORS 285C.603 consistent with OAR 123-623-1300; (B) Provide timely notification or evidence to the county assessor or the Department of Revenue, as requested or otherwise necessary under ORS 307.123 or other applicable laws, such as the date when any taxable property is or will be initially occupied, used or operated commercially for specifically intended purposes; (C) Ensure that any ultimate lessee is responsible for the payment of property taxes levied on leased property that comprises any part of the Approved Project; (D) Submit the annual reports of employment required under ORS 285C.615 and described in OAR 123-623-4000 to 123-623-4200; and (E) Hold a job fair under ORS 285C.606(6)(b) duly announced through Worksource Oregon of the Oregon Employment Department and consistent with OAR 123-623-1300(3). (3) As described in OAR 123-623-1800: (a) Full amount of the nonrefundable application fee; and (b) Commitment to pay additional fee, if approved. Statutory/Other Authority: ORS 285A.075 & 285C.615(7) Statutes/Other Implemented: ORS 285C.603, 285C.606 & 285C.626 History: OBDD 14-2024, amend filed 06/10/2024, effective 06/10/2024 OBDD 2-2016, f. & cert. ef. 1-29-16 Renumbered from 123-023-1500 by OBDD 18-2010, f. 4-30-10, cert. ef. 5-1-10 EDD 25-2008, f. 7-31-08, cert. ef. 8-1-08 EDD 10-2004, f. & cert. ef. 5-24-04
123-623-1525 Application within a Strategic Investment Zone If the proposed investment is subject to approval based on its location inside an SIZ: (1) A complete Application must also include a locally endorsed and fully executed copy of the SIZ’s standardized agreement that unambiguously identifies the Applicant and the proposed investment. (2) The County may neither negotiate a project-specific agreement nor subject the proposal to approval under discretionary provisions, including but not limited to those under ORS 285C.609. (3) Material variance between additional requirements established with designation of the SIZ and those found in the agreement submitted by the Applicant shall render such requirements unenforceable. Statutory/Other Authority: ORS 285A.075 & 285C.615(7) Statutes/Other Implemented: ORS 285C.600, 285C.606 & 285C.626 History: OBDD 2-2016, f. & cert. ef. 1-29-16 Renumbered from 123-023-1525 by OBDD 18-2010, f. 4-30-10, cert. ef. 5-1-10 EDD 25-2008, f. 7-31-08, cert. ef. 8-1-08
123-623-1550 Application outside a Strategic Investment Zone A complete Application must also include all of the following, if the proposed investment is not using an SIZ: (1) Evidence that the County held a public hearing concerning the Applicant’s proposal, before executing the agreement in section (2) of this rule. (2) A copy of the agreement: (a) Entered into between the Applicant and the County with respect to a proposed project, and including any: (A) City in which project property is located anywhere within its corporate limits; or (B) Port in which project property is located anywhere within the jurisdiction of the port district (for an agreement entered into on or after September 24, 2023); (b) Executed before the official action in section (3) of this rule; (c) Addressing the community service fee consistent with OAR 123-623-1900; and (d) Specifying requirements, if any, under ORS 285C.609(6). (3) With respect to official action by the governing body of the County: (a) A copy of the official action, which does not, as such, need to request the Commission’s determination so much as effectively approve the proposed project for Abatement or authorize the agreement; and (b) Evidence of an affirmative vote by a majority of the body’s members (not merely those present) at a regular or duly called special meeting that effected the action. (4) The latest version of any document provided by the Applicant to the County/local governments in relation to sections (1) to (3) of this rule. Statutory/Other Authority: ORS 285A.075 & 285C.615(7) Statutes/Other Implemented: ORS 285C.606 & 285C.609 History: OBDD 14-2024, amend filed 06/10/2024, effective 06/10/2024 Renumbered from 123-023-1550 by OBDD 18-2010, f. 4-30-10, cert. ef. 5-1-10 EDD 25-2008, f. 7-31-08, cert. ef. 8-1-08
123-623-1800 State Application and Approval Fees With respect to ORS 285C.612 and the fees payable to and collected by the Department: (1) The following (non-refundable) amount must accompany the Application: (a) $5,000; or (b) $10,000 for a proposed Urban Project. (2) After the Commission decides to approve the Application, but pending formal authorization as such through the Department, the Applicant must pay the following amount (of which the Department shall transfer 50 percent to the Department of Revenue to administer ORS 307.123): (a) $10,000; or (b) $50,000 for a proposed Urban Project. (3) The Commission or Department will allocate payments collected and retained consistent with relevant provisions in OAR 123-009. Statutory/Other Authority: ORS 285A.075 & 285C.615(7) Statutes/Other Implemented: ORS 285C.612 History: OBDD 2-2016, f. & cert. ef. 1-29-16 Renumbered from 123-023-1800 by OBDD 18-2010, f. 4-30-10, cert. ef. 5-1-10 EDD 25-2008, f. 7-31-08, cert. ef. 8-1-08 EDD 10-2004, f. & cert. ef. 5-24-04, Renumbered from 123-023-0501 EDD 7-1999, f. & cert. ef. 9-30-99
123-623-1900 Community Service Fee (1) The local agreement included with the Application and described in OAR 123-623-1525 or 123-623-1550 shall: (a) Provide for the community service fee under ORS 285C.609(4)(b) and (c) or 285C.623(4)(b) and (c); and (b) Stipulate the means by which the Applicant will annually pay the fee not earlier than December 1 of each tax year for which the Applicant receives the Abatement. (2) The depositing of community service fee moneys (under ORS Chapter 294) or their allocation, distribution or transfer by the County or any other entity in OAR 123-623-1950(1) does not affect the Approved Project’s eligibility or receipt of the Abatement. (3) The annual maximum of the community service fee is: (a) $500,000, or $2 million with an Urban Project, for any Approved Project by determination of the Commission before October 6, 2017, or with an SIZ; (b) $2.5 million, if the determination occurred on or after October 6, 2017, and the agreement was entered into before September 24, 2023; or (c) Otherwise, under ORS 285C.609(5): (A) $3 million, in tax year 2024–2025 of the Abatement. (B) In any later tax year, an amount evenly divisible by $1,000 that is closest to the product of $3 million multiplied by the greater of one or one plus the percent change between the annual average of: (i) The CPI-U/W for 2023; and (ii) The most recently available CPI-U/W. (C) Subject to increasing or even decreasing with each year of Abatement. Statutory/Other Authority: ORS 285A.075 & 285C.615(7) Statutes/Other Implemented: ORS 285C.609 & 285C.623 History: OBDD 14-2024, amend filed 06/10/2024, effective 06/10/2024 OBDD 13-2017, amend filed 11/29/2017, effective 11/29/2017 OBDD 2-2016, f. & cert. ef. 1-29-16 Renumbered from 123-023-1900 by OBDD 18-2010, f. 4-30-10, cert. ef. 5-1-10 EDD 25-2008, f. 7-31-08, cert. ef. 8-1-08 EDD 10-2004, f. & cert. ef. 5-24-04
123-623-1975 Mandatory Parties to Community Service Fee Agreement An effective agreement under ORS 285C.609(7) or 285C.623(6) for purposes of OAR 123-623-1950 must include at least: (1) The County government; (2) Any city government described OAR 123-623-1950(1)(b); (3) Any port described in OAR 123-623-1950(1)(c); (4) Any local taxing district described in OAR 123-623-1950(1)(d), except if using an SIZ, that is: (a) A health district organized under ORS 440.305, and that provides ambulance or other medical emergency response service; (b) A rural fire protection district organized under ORS chapter 478; (c) A 9-1-1 communications district organized under ORS 403.300; or (d) A county service district organized under ORS chapter 451 or other such special district that provides: (A) Public safety services including but not limited to police or sheriff; (B) Fire prevention or response services; or (C) Ambulance, other emergency medical response or emergency communication services; and (5) A sufficient number of local taxing districts described in OAR 123-623-1950(1)(d)(A)—i.e., those under ORS 198.010 and 198.180—to account for at least 75 percent of the total property tax rate authority of all such districts (except a port). In calculating the 75 percent: (a) Property tax rate authority is each district’s permanent rate authority (plus its local option rate authority, if any), whether currently used or unused, but excluding any rate based on a true levy such as for bonded indebtedness. (b) Property tax rate authorities may be prorated based on the anticipated proportion of the Approved Project to be located in respective tax code areas for an agreement encompassing districts in two or more tax code areas. (c) Property tax rate authorities of districts participating in the agreement are added together and divided by the total of all such districts' property tax rate authorities, such that the numerator and denominator shall: (A) Include every district otherwise required by section (4) of this rule that is also listed under ORS 198.010 or 198.180; and (B) Exclude any port district in section (3) of this rule [as well as any city or county], even within an SIZ. Statutory/Other Authority: ORS 285A.075 & 285C.615(7) Statutes/Other Implemented: ORS 285C.609 & 285C.623 History: OBDD 14-2024, adopt filed 06/10/2024, effective 06/10/2024
123-623-2000 Confidential Records As provided under ORS 192.345, 192.355 and 285C.620: (1) The Department shall not release any information identifying or pertaining to an expected Applicant, or to discussions among it, local governments, or the Department and members of the Commission, before: (a) Finalization of local approval for the proposed investment based on its being inside an SIZ; or (b) The County governing body issues a public notice for the public hearing under ORS 285C.609(4), if not using an SIZ. (2) The Department shall not release any Application materials submitted by an expected Applicant that specifically describe investment plans, before the Department’s deems the received Application to be complete. (3) The department shall seek to keep confidential certain sensitive records or communications obtained in association with an Application or OAR 123-623-4000 to 123-623-4200, as otherwise allowable under ORS 192.311 to 192.478, including but not limited to the following: (a) Reports and analyses of reports bearing on the Applicant’s character, finances, management ability and reliability, as obtained in confidence from persons or firms not required by law to submit them, including but not limited to the Applicant, and for which the Department obliged itself in good faith to not disclose; (b) Financial statements, tax returns, business records, employment history, personnel files and comparable data submitted by or for an Applicant, or analysis of such data; (c) Intra-departmental advisory memoranda based on or providing preliminary information; (d) Formulas, plans, designs and related information that constitute trade secrets under ORS Chapter 192; (e) Personal financial statements; (f) Information of an Applicant pertaining to litigation that has not concluded, to which the Applicant is a party if the complaint has been filed, or if not, that the Applicant shows is reasonably likely to occur (Nothing in this section shall limit any right or opportunity granted by discovery or deposition statutes to a litigant or defendant); (g) Production, sales or cost data, customer lists, or detailed descriptions or identifications of business property; or (h) Marketing strategy information that relates to an Applicant’s plan to address specific markets and the Applicant’s strategy regarding specific competitors. (4) Subject to sections (1), (2) and (3) of this rule, the Department shall provide records pertaining to the Strategic Investment Program upon written request, as described in OAR 123-005. Statutory/Other Authority: ORS 285A.075 & 285C.615(7) Statutes/Other Implemented: ORS 285C.615 & 285C.620 History: OBDD 14-2020, amend filed 08/12/2020, effective 08/12/2020 OBDD 2-2016, f. & cert. ef. 1-29-16 Renumbered from 123-023-2000 by OBDD 18-2010, f. 4-30-10, cert. ef. 5-1-10 EDD 25-2008, f. 7-31-08, cert. ef. 8-1-08 EDD 10-2004, f. & cert. ef. 5-24-04, Renumbered from 123-023-0551 EDD 7-1999, f. & cert. ef. 9-30-99
123-623-3000 LEGACY ZONES — Duration and Potentialities (1) An existing SIZ does not expire and may be neither terminated nor geographically amended. (2) In an SIZ the following occurrences do not affect any Approved Project for which the Department received the Application before: (a) A city that does not sponsor the SIZ annexes territory inside of it; or (b) A city, whose urban growth boundary (UGB) crosses the area of the SIZ, increases in population to 40,000 or more, based on the latest decennial U.S. Census count, in the case of an otherwise rural SIZ. Statutory/Other Authority: ORS 285A.075 & 285C.615(7) Statutes/Other Implemented: ORS 285C.623 & 285C.626 History: OBDD 51-2024, amend filed 11/22/2024, effective 11/22/2024 OBDD 14-2024, amend filed 06/10/2024, effective 06/10/2024 OBDD 14-2020, amend filed 08/12/2020, effective 08/12/2020 OBDD 13-2017, amend filed 11/29/2017, effective 11/29/2017 OBDD 2-2016, f. & cert. ef. 1-29-16 Renumbered from 123-023-3000 by OBDD 18-2010, f. 4-30-10, cert. ef. 5-1-10 EDD 25-2008, f. 7-31-08, cert. ef. 8-1-08
123-623-3400 Operational Changes to Existing Designations (1) The sponsor of an existing SIZ may revise any of its documentation, procedures or policies, including but not limited to establishing a different standardized agreement, subject to communicating or submitting revisions to the Department. (2) The Department may: (a) Convey the revisions for consideration by the Commission, which may approve them if necessary and appropriate; or (b) At its sole discretion, simply accept revisions, formally authorize them, or send the Commission a report of any such action, if deeming the revisions to be consistent with the original designation, and to be: (A) Merely clarifying or enhancing administrative or technical matters; (B) Changing a substantive criterion or requirement to only a relative degree; or (C) Of a similar nature that does not warrant full Commission review or sanction. (3) Any such revision does not affect Abatement in the SIZ, for which the Department effectively received the Application on or before the effective date of any such change. Statutory/Other Authority: ORS 285A.075 & 285C.615(7) Statutes/Other Implemented: ORS 285C.623 & 285C.626 History: OBDD 14-2024, amend filed 06/10/2024, effective 06/10/2024 Renumbered from 123-023-3400 by OBDD 18-2010, f. 4-30-10, cert. ef. 5-1-10 EDD 25-2008, f. 7-31-08, cert. ef. 8-1-08