justicedao/ipfs_state_laws huggingface dataset:
123-095-0000 Purpose and Objectives The purpose of this division of administrative rules is to govern the use of funds in the Industry Competitiveness Fund established by ORS 285B.290. Statutory/Other Authority: ORS 285A.075(5) & 285A.110 Statutes/Other Implemented: ORS 285B.286 & 285B.290 History: OBDD 11-2013, f. 11-26-13, cert. ef. 12-1-13 OBDD 8-2013(Temp), f. & cert. ef. 10-4-13 thru 4-2-14 EDD 1-2000, f. & cert. ef. 1-13-00 EDD 1-1993, f. & cert. ef. 1-15-93 EDD 4-1992(Temp), f. & cert. ef. 3-18-92
123-095-0010 Definitions For the purposes of these rules, additional definitions may be found in Procedural Rules OAR 123-001. The following terms shall have the following meaning, unless the context clearly indicates otherwise: (1) "Project" means an activity that contributes to the stability, growth, development, or competitiveness of a Traded Sector Industry, or group of Traded Sector Industries. (2) "Traded Sector Industry" means an Oregon industry whose members sell their goods or services into markets for which national or international competition exists. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285B.286 History: OBDD 11-2013, f. 11-26-13, cert. ef. 12-1-13 OBDD 8-2013(Temp), f. & cert. ef. 10-4-13 thru 4-2-14 EDD 1-2000, f. & cert. ef. 1-13-00 EDD 1-1993, f. & cert. ef. 1-15-93 EDD 4-1992(Temp), f. & cert. ef. 3-18-92
123-095-0030 Eligible and Non-Eligible Activities (1) Funds in the Industry Competitiveness Fund may be used by Department to: (a) provide grants for Projects. Examples of a Project include, but are not limited to, the following activities: (A) Assisting a Traded Sector Industry(ies) in establishing research and development consortia; (B) Introducing new products into an existing market or developing new markets for a Traded Sector Industry(ies) or businesses within a Traded Sector Industry; (C) Promoting the commercialization of new technologies for a Traded Sector Industry(ies); (D) Increasing the skills of workers to meet the needs of a Traded Sector Industry(ies); (E) Enhancing the capacity of a Traded Sector Industry(ies) to take advantage of electronic communications and information technologies; and (F) Increasing the global competitiveness of a Traded Sector Industry(ies); (G) Activities that are prerequisite to and will lead to the implementation of any of the above (such as preparing an application for federal grant funds for one or more of the above activities); and (H) Assisting in organizing focus groups or other meetings and conducting research to identify issues and needs of a Traded Sector Industry(ies) and developing strategies to address those needs and issues; and (b) Directly purchase goods and services which contribute to the stability, growth, development or competitiveness of a Traded Sector Industry(ies). (2) Funds in the Industry Competitiveness Fund may not be used for: (a) Any activity that requires continuing subsidies from the State of Oregon; or (b) Ongoing administrative expenses. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285B.286 & 285B.290 History: OBDD 6-2015, f. & cert. ef. 8-4-15 OBDD 11-2013, f. 11-26-13, cert. ef. 12-1-13 OBDD 8-2013(Temp), f. & cert. ef. 10-4-13 thru 4-2-14 EDD 1-2000, f. & cert. ef. 1-13-00 EDD 1-1993, f. & cert. ef. 1-15-93 EDD 4-1992(Temp), f. & cert. ef. 3-18-92
123-095-0035 Award Requirements A Project which is financed through an Industry Competitiveness Fund grant must meet the following criteria: (1) Individual businesses in the Traded Sector Industry(ies) must be involved in planning the Project or Department must determine that the nature of the Project results in this involvement being unfeasible or in some other manner not applicable; (2) The grant from the Industry Competitiveness Fund must not represent more than 50% of the total cash cost of the Project; (3) Private sector funds used to cover cash expenses for the Project must be at least equal to the amount of the grant from the Industry Competitiveness Fund; (4) Compliance with this division of administrative rule and ORS 285B.286 and 285B.290 does not entitle a Project to a grant from the Industry Competitiveness Fund. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285B.286 & 285B.290 History: OBDD 6-2015, f. & cert. ef. 8-4-15 OBDD 11-2013, f. 11-26-13, cert. ef. 12-1-13 OBDD 8-2013(Temp), f. & cert. ef. 10-4-13 thru 4-2-14
123-095-0040 Administration of Awards (1) Upon approval of a grant for a Project, Department will enter into an agreement with the entity responsible for completing the Project. The agreement will, as applicable, include, but is not limited to, the following: (a) A description of the Project; (b) Procedures and conditions for disbursing the grant moneys from the Industry Competitiveness Fund; (c) A requirement that private sector funds used to cover cash expenses for the Project must be at least equal to the amount of the grant from the Industry Competitiveness Fund; (d) A requirement that the grant from the Industry Competitiveness Fund may not exceed 50% of the total cash cost of the Project; (e) A requirement that a sign be conspicuously displayed at the site of the Project or a statement included on written documents produced as a result of the Project which indicates the Project is being funded with Oregon State Lottery Funds, administered by Department; (f) Reporting requirement(s); and (g) Other provisions deemed necessary by Department. (2) Upon approval of using Industry Competitiveness Fund moneys in accordance with 123-095-0020(1)(b), Department will procure the goods and services in accordance with OAR 123 division 6, Procedures for Contracts Entered with the Business Development Department. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285B.286 & 285B.290 History: OBDD 6-2015, f. & cert. ef. 8-4-15 OBDD 11-2013, f. 11-26-13, cert. ef. 12-1-13 OBDD 8-2013(Temp), f. & cert. ef. 10-4-13 thru 4-2-14 EDD 1-2000, f. & cert. ef. 1-13-00 EDD 1-1993, f. & cert. ef. 1-15-93 EDD 4-1992(Temp), f. & cert. ef. 3-18-92
123-097-0100 Purpose This division of administrative rules establishes procedures and standards for the designation of regionally significant industrial sites and the qualification of sponsors, which become the basis of tax reimbursement arrangements to assist public entities to develop such sites. Statutory/Other Authority: 285B.626(1) & (9), 285B.627 (2), (3), (10), 285B.630(7) & ORS 285A.075 Statutes/Other Implemented: ORS 285B.625 - 285B.632 History: OBDD 11-2018, amend filed 04/17/2018, effective 04/17/2018 OBDD 4-2017, temporary amend filed 11/28/2017, effective 11/28/2017 through 05/25/2018 OBDD 9-2014, f. 4-30-14, cert. ef. 5-1-14
123-097-0500 Regionally Significant Industrial Site Designation (1) For an industrial site to be designated as a RSIS, the Department must find that the proposed site is one of the following: (a) Land, which may comprise one or more tax lots or sites, entirely within a “regionally significant industrial area” established under Metro Code Chapter 3.07.420 by Metro, the metropolitan service district for the Portland region established under ORS chapter 268. (b) Land not within a Metro-designated regionally significant industrial area, which may comprise one or more tax lots or sites, that: (A) Is suitable for the location of new industrial uses or the expansion of existing industrial uses and that can provide significant additional employment in the region; (B) Has site characteristics that provide significant competitive advantages that are difficult or impossible to replicate in the region; and (C) Has, or will have with site preparation, access to transportation and freight infrastructure, including but not limited to rail, port, airport, multimodal freight or transshipment facilities and other major transportation facilities or routes, adequate to support the Sponsor’s economic development strategy for the site. (2) The documentation for a proposed RSIS, in the application required by 123-097-1500, must: (a) fully identify the site, including maps, legal property description and tax lots; (b) describe how the site is inside the applicant’s jurisdiction, territory or urban growth boundary; (c) describe how the site meets the criteria in section (1) of this rule; (d) verify the current ownership and title to the land with a preliminary title report or the equivalent; (e) list all real property encumbrances, easements, liens and restrictions, and describe their potential to interfere with development for industrial use; (f) list all applicable laws or permits affecting development for industrial use; (g) describe existing site conditions and practical constraints on development for industrial use; and (h) confirm that the site is zoned for industrial use. Statutory/Other Authority: ORS 285A.075 & 285B.627(2)(a) & (10) Statutes/Other Implemented: ORS 285B.625, 285B.626 & 285B.627 History: OBDD 11-2018, amend filed 04/17/2018, effective 04/17/2018 OBDD 4-2017, temporary suspend filed 11/28/2017, effective 11/28/2017 through 05/25/2018 OBDD 9-2014, f. 4-30-14, cert. ef. 5-1-14
123-097-1000 Sponsor Qualification (1) Criteria the Department will consider when determining Sponsor qualification are: (a) Whether the applicant has or will have the financial, material, equipment, facility and personnel resources and expertise, or has the ability to obtain the resources and expertise, necessary to implement its proposed economic development strategy for the site. (b) The applicant’s record of performance on similar site preparation and economic development strategies for such sites, considering the extent that performance remained within the applicant’s control. (c) The record of integrity for an applicant’s executive staff and governing body, regarding matters related to the entity’s operations. (d) The economic development strategy for the RSIS. (2) An applicant to become a Sponsor must submit materials to the Department according to 123-097-1500, that: (a) Includes the Sponsor’s economic development strategy for the site. (b) Lists all parties involved in site preparation activities, including underwriters, and other private or public investors. (c) Describe planned or completed site preparation improvements, an estimated timeframe for the improvements from start to completion, and the actual or budgeted costs for such improvements. (d) Provide estimated employment at the proposed RSIS once the site is developed to its planned full capacity. (e) Outline local workforce characteristics and workforce development programs existing or planned to support the site’s development. (f) Include any of the following materials that exist: drafts or final versions of a site preparation assessment, site master plans, wetland mitigation or avoidance plans, archeological surveys, transportation improvement plans, environmental assessments and remediation plans, any pre-permits or permits needed or obtained, any resolutions and ordinances passed by local governments, and any other related documentation of the site’s preparation and development. (g) If the proposed RSIS has a private owner who owns all or portions of the property comprising the site or rights critical to its re/development, the application must also include an executed Development Agreement between the Sponsor and the private owner or the owner’s developer, demonstrating: (A) The responsibilities of the respective parties for performing and paying for site preparation, construction, and infrastructure requirements for the proposed RSIS; and satisfying land use requirements; and (B) The Sponsor’s and private owner or developer’s plan to operate as a traded-sector industrial use employer, or a commitment to make the proposed RSIS available for purchase, lease or exchange to an employer for traded-sector industrial use. (h) Supplemental information as requested by the Department. Statutory/Other Authority: ORS 285A.075 & 285B.627 (3), (4) & 10) Statutes/Other Implemented: ORS 285B.625, 285B.626 & 285B.627 History: OBDD 11-2018, amend filed 04/17/2018, effective 04/17/2018 OBDD 4-2017, temporary suspend filed 11/28/2017, effective 11/28/2017 through 05/25/2018 OBDD 9-2014, f. 4-30-14, cert. ef. 5-1-14
123-097-1500 Application and Approval Process (1) Applications for designation as a Regionally Significant Industrial Site and for qualification as a Sponsor are combined, and must be submitted on a form prescribed by the Department and according to any instructions provided by the Department. (2) In its review, the Department may: (a) Consult with the Governor’s Regional Solutions Team and other state agency staff as appropriate; and (b) Seek to resolve deficiencies or questions in writing with the Sponsor to ensure application completeness. (3) After receiving an application and such other information as the Department determines necessary to constitute a complete application, the Department will submit a memorandum to its Director for RSIS designation and Sponsor qualification, or denial. The Department may restrict or make its approval subject to specific conditions. The Director’s decision will be final. (4) If denied, the Department will provide a letter to the applicant detailing reasons for the denial. The applicant may resubmit a revised application once any deficiencies are cured. (5) Following approval, a Sponsor may, at any time, request a tax reimbursement agreement under 123-097-3000. Statutory/Other Authority: ORS 285A.075 & 285B.627 (3), (4) &10) Statutes/Other Implemented: ORS 285B.625, 285B.626 & 285B.627 History: OBDD 11-2018, amend filed 04/17/2018, effective 04/17/2018 OBDD 4-2017, temporary suspend filed 11/28/2017, effective 11/28/2017 through 05/25/2018 OBDD 9-2014, f. 4-30-14, cert. ef. 5-1-14
123-097-2200 Sponsor Responsibilities (1) The Sponsor shall: (a) Maintain accounts and records for all activities and expenditures associated with preparation of a RSIS, giving the Department and its representatives reasonable access to such records. (b) Ensure that service providers retained for their professional expertise are certified, licensed, or registered, as appropriate or necessary in the State of Oregon for their specialty. (c) Follow standard construction practices, such as requiring bonding, applicable insurance, inspections, use of as-built drawings, and comply with applicable Oregon labor standards and prevailing wage laws. (d) Comply with the Oregon Public Contracting Code (ORS chapters 279A, B, C). (c) Follow standard construction practices, such as requiring bonding, applicable insurance, inspections, use of as-built drawings, and so forth on the Project. (d) Devise plans as necessary for the ongoing operation, maintenance and upgrade of infrastructure and remediation work that will preserve their benefits over their normally useful life. (e) Guarantee that the RSIS will remain zoned for industrial use for not less than 20 years from when the Loan Agreement or TRA is executed. (f) Actively participate with eligible employers in timely submitting annual reports as required in OAR 123-097-2600. (2) For purposes of requisite signage posted at the RSIS and visible to the generally public, which the department may furnish, as well as all plans, bids, advertisement and other documents for the Project: (a) The sponsor shall see that they prominently bear the statement, “Project supported through the Oregon Industrial Site Readiness Program Fund, administered by the State of Oregon Business Development Department.” (b) In the event that a Loan Agreement is in effect funded with state lottery proceeds used to capitalize the Oregon Industrial Site Readiness Program Fund under ORS 285B.632, the sponsor shall also comply with ORS 280.518 requiring public display of information on lottery funding, including that the statement in subsection (a) of this section also says, “..., and funded by Oregon State Lottery proceeds.” (3) Responsibilities contained in this rule may affect the sponsor’s receipt of Program loan award, loan forgiveness or tax reimbursements whether or not confirmed in the TRA or Loan Agreement, which may specify additional responsibilities. Statutory/Other Authority: ORS 285A.075 & 285B.627(4) & (10) Statutes/Other Implemented: ORS 285B.625 & 285B.627 History: OBDD 11-2018, amend filed 04/17/2018, effective 04/17/2018 OBDD 4-2017, temporary suspend filed 11/28/2017, effective 11/28/2017 through 05/25/2018 OBDD 9-2014, f. 4-30-14, cert. ef. 5-1-14
123-097-2500 Determination of eligible costs and estimated incremental income tax revenues (1) Once a RSIS has been designated and a Sponsor has been certified and a tax reimbursement agreement is established, the Sponsor must submit the following information to the Department by Jan 1 of each year, starting the tax year after an employer hires employees: (a) A complete list of any employers, including their business identification numbers, conducting traded-sector business on the designated RSIS during the previous year . (b) A complete list and description of any site preparation costs incurred during the previous year; see 123-097-1000 (2)(c) . (2) The Department will determine: (a) Which employers are conducting a traded sector business according to ORS 285A.010. (b) Which employers have met the ORS 285B.626(1)(b) threshold requirements by examining the 50 (urban site) or 25 (rural site) highest-paid employees, averaging the wages of those individuals, then comparing that figure to the threshold of 150 percent of the state or county wage average wage, whichever is less. (c) Which Sponsor site preparation costs are eligible. (3) For each tax year, the Department will calculate the estimated incremental income tax revenues at the RSIS based on the following: (a) Wages and hours data received from the Oregon Employment Department as reported by employers on the Oregon Quarterly Tax Report required by law. Missing information for a tax year will be included in the following tax year. (b) Individual employees will be placed into assumed tax brackets, based on actual hours worked and wages paid. (c) Assumed tax rates times actual wages paid will be calculated for individual employees, then summed for each employer. (4) For each tax year, the Department shall notify Sponsor of the amount to be transferred to the Sponsor under a tax reimbursement agreement, and the balance of site preparation costs to be carried over to subsequent tax years. Statutory/Other Authority: ORS 285A.075 & 285B.627(10) Statutes/Other Implemented: ORS 285B.625, 285B.626, 285B.627 & 285B.630 History: OBDD 11-2018, amend filed 04/17/2018, effective 04/17/2018 OBDD 4-2017, temporary suspend filed 11/28/2017, effective 11/28/2017 through 05/25/2018 OBDD 9-2014, f. 4-30-14, cert. ef. 5-1-14
123-097-3000 Tax Reimbursement Arrangements For purposes of a tax reimbursement agreement under ORS 285B.627(5)(a): (1) After a request from a qualified Sponsor, the Department may establish a tax reimbursement agreement to reimburse the Sponsor’s eligible RSIS preparation costs. The tax reimbursement agreement will remain in effect until the Sponsor’s total eligible costs covered by the agreement have been reimbursed, or otherwise terminated according to the terms of the agreement. (2) In its request for the tax reimbursement agreement the Sponsor must specify its planned site preparation costs, all sources of funds for those costs, and a schedule for expenditures. The agreement will specify the types and amounts of costs authorized, which may not be exceeded except by amendment to the agreement. (3) Reimbursements to the Sponsor in any tax year are subject to: (a) The reasonable judgment of the Department that it has sufficient moneys in the Oregon Industrial Site Readiness Program Fund and has sufficient appropriations, limitations, allotments and other expenditure authority to make the disbursement. (b) The limitation in ORS 285B.627(8) whereby the Department may not exceed $10 million in reimbursements to all Sponsors in one year. Any amounts otherwise due but for this limitation will be deferred and remain eligible in future years. If the limitation becomes applicable, the Department will provide a proportionate share to each sponsor based on the estimated incremental income tax revenues for each RSIS for that year. (4) The tax reimbursement agreement will contain provisions the Department determines necessary or appropriate. Statutory/Other Authority: ORS 285A.075 & 285B.627(10) Statutes/Other Implemented: ORS 285B.625 & 285B.627 History: OBDD 11-2018, amend filed 04/17/2018, effective 04/17/2018 OBDD 4-2017, temporary suspend filed 11/28/2017, effective 11/28/2017 through 05/25/2018 OBDD 9-2014, f. 4-30-14, cert. ef. 5-1-14
123-098-0010 Purpose This division of administrative rules establishes standards and criteria for the approval of grants related to the Industrial Site Readiness Assessment Program (“Program”) to evaluate regional industrial land inventories. Statutory/Other Authority: ORS 285A.075 & 285B.635-285B.642 Statutes/Other Implemented: ORS 285B.635-285B.642 History: OBDD 8-2014, f. 4-30-14, cert. ef. 5-1-14
123-098-0030 Eligible Economic Development Districts “Economic development district” means one of the following: (1) The Affiliated Tribes of Northwest Indians Economic Development Corporation, serving tribal members of the Burns-Paiute Tribe, the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians, the Confederated Tribes of Grand Ronde, the Confederated Tribes of Siletz Indians, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, the Coquille Indian Tribe, the Cow Creek Band of Umpqua Tribe of Indians and the Klamath Tribes. (2) The Cascades West Economic Development District, serving Benton, Lane, Lincoln and Linn (3) The Columbia-Pacific Economic Development District, serving Clatsop, Columbia and Tillamook Counties and western Washington County. (4) The CCD Business Development Corporation, serving Coos, Curry and Douglas Counties. (5) The Greater Eastern Oregon Development Corporation, serving Gilliam, Grant, Morrow, Umatilla, Wheeler, Harney and Malheur Counties. (6) The Central Oregon Intergovernmental Council, serving Crook, Deschutes and Jefferson Counties. (7) The Mid-Columbia Economic Development District, serving Hood River, Wasco and Sherman Counties. (8) The Mid-Willamette Valley Council of Governments, serving Marion, Polk and Yamhill Counties. (9) The South Central Oregon Economic Development District, serving Lake and Klamath Counties. (10) The Northeast Oregon Economic Development District serving Baker, Union and Wallowa Counties. (11) Southern Oregon Regional Economic Development, Inc., serving Jackson and Josephine Counties. (12) Greater Portland, Inc., Portland-Vancouver Economic Development District, serving Multnomah, Clackamas and Washington Counties. Statutory/Other Authority: ORS 285A.075 & 285B.635-285B.642 Statutes/Other Implemented: ORS 285B.635-285B.642 History: OBDD 8-2014, f. 4-30-14, cert. ef. 5-1-14