justicedao/ipfs_state_laws huggingface dataset:
123-690-2400 Certification For purposes of ORS 285C.403(3) to (7), following submission of the business firm’s application for certification as described in OAR 123-690-2300: (1) The signature of the local zone manager or the county assessor’s office in approving the certification application is invalid: (a) After the facility has been placed in service; (b) After any facility property is assessable as of January 1, even if in the process of construction, reconstruction, additions, modification or installation, in that: (A) Any such property must be exempt at that point to receive any exemption at all under ORS 285C.409 in accordance with OAR 123-690-6000(2); and (B) For any property to be exempt the business firm needs to be already certified; (c) After June 30, 2032, and programmatic sunset under ORS 285C.408(2)(a), unless allowed under ORS 285C.240(8); or (d) Before any of the following (unless formally reaffirmed afterwards): (A) The commitments by the firm in the application to meet requirements under ORS 285C.412; (B) The relevant written agreement; (C) Any resolution by the sponsor or a cosponsor of the zone that authorizes or effects the written agreement in paragraph (B) of this subsection; or (D) The requisite resolution or resolutions under ORS 285C.403(3)(a) by the county and city (if applicable) in which the Facility Site is located. (2) Approval of the certification application may occur after: (a) The effective date of the termination of the enterprise zone consistent with OAR 123-650-9500 and 123-650-9600, except as described in subsection (1)(c) of this rule; or (b) Commencement of applicable hiring or physical work on exempt facility property. (3) Except as qualified in this rule or OAR 123-690-5200(2)(a), the local zone manager and the county assessor shall approve the certification application upon satisfaction of the criteria under ORS 285C.403(3), such that: (a) At that point, the business firm is certified and may receive any applicable exemption on property that will or does comprise the facility under ORS 285C.409(1); and (b) Within 30 days, the zone manager and assessor shall send the firm, the Department and the Department of Revenue copies of the approved certification application, executed written agreement, and any other attachment to the application or document related to certification. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285C.245, 285C.403, 285C.408, 285C.409 & 285C.412 History: OBDD 14-2024, amend filed 06/10/2024, effective 06/10/2024 OBDD 10-2023, amend filed 07/05/2023, effective 07/05/2023 OBDD 6-2020, amend filed 08/12/2020, effective 08/12/2020 OBDD 11-2015, f. & cert. ef. 10-5-15 OBDD 29-2010, f. & cert. ef. 6-14-10
123-690-3000 Allowable Facility Operations With the exception of a local retail “fulfillment center” as defined in OAR 123-674-1000(2), there is no restriction on the type of business operations or activities that may be undertaken at a facility in terms of the business firm’s certification or of the facility’s exemption under ORS 285C.409(1). Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285.403 & 285C.409 History: OBDD 14-2024, adopt filed 06/10/2024, effective 06/10/2024
123-690-4400 Minimum Distance from I–5 For purposes of the minimum distance from the Facility Site of a certified business firm to Interstate Highway 5 (I-5) under ORS 285C.412(3)(b) or (5)(b): (1) Measure the distance as: (a) A straight line; and (b) The shortest possible gap between any part of the Facility Site and a point along the median of the highway, regardless if that point is in this state or offers access on/off the highway. (2) Exclude any spur or bypass such as I-105 or I-205. (3) Round distances to the nearest whole number, such that an applicable location must be effectively farther than 10.4 miles from I-5. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285C.412 & 285C.415 History: OBDD 11-2015, f. & cert. ef. 10-5-15 OBDD 29-2010, f. & cert. ef. 6-14-10
123-690-4600 Minimum Average Annual Compensation For purposes of the minimum average annual compensation to be met and maintained under ORS 285C.412(1)(c), (2)(b), (3)(c), (4)(c) or (5)(d) by a certified business firm: (1) Compensation includes total calendar-year remuneration that is: (a) In the form of wages, salary, bonuses, commissions, shift differential, overtime pay, profit-sharing, paid vacation and so forth that comprise taxable income, as well as associated fringe or financial benefits (whether taxable or not) such as life insurance, medical coverage or retirement plans, but excluding: (A) Free meals, club membership or comparable workplace amenities; (B) Payroll-based tax or cost mandated by federal, state or local law, such as worker’s compensation or unemployment insurance or the employer’s share under FICA; and (C) Gratuities or tips, other than what is anyways part of taxable income for purposes of employee withholding. (b) Paid to any employee located and performing work for the certified business firm at the Facility Site, consistent with OAR 123-690-4200(1), regardless of hours worked per week or the permanence or newness of the employee’s position, except if excluded by OAR 123-690-4200(7)(b). (2) Actual compensation described in section (1) of this rule shall be annualized in the case of jobs at the Facility Site, in which the employee works less than 40 hours per week or for less than the entire calendar year, by dividing 1,820 by the hours of actual time worked on the job for the calendar year and multiplying that quotient by the employee’s actual compensation. (3) The firm shall add all employees’ total annual compensation under section (1) or (2) of this rule, as applicable, and divide that sum by the number of applicable (annualized) employees or positions to derive average annual compensation. (4) In a calendar year after the calendar year in which exempt facility property is first placed in service – but in or before the fifth such year – this computed average annual compensation must equal or exceed : (a) 1.5 times the Current County Wage; or (b) 1.3 times the Current County Wage, but only if: (A) The first year of the 7 to 15-year exemption under ORS 285C.409(1)(c) begins in or after 2018 (regardless of when the business firm applied or was certified); and (B) The Facility Site is located entirely inside a qualified rural county at the time that the written agreement in OAR 123-690-2000 was executed . (5) The firm shall provide notice to the assessor in writing as soon as possible after satisfaction of section (4) of this rule is achieved, with payroll records or other evidence as necessary or appropriate. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285C.412 & 285C.415 History: OBDD 6-2020, amend filed 08/12/2020, effective 08/12/2020 OBDD 5-2017, amend filed 11/29/2017, effective 11/29/2017 OBDD 11-2015, f. & cert. ef. 10-5-15 OBDD 29-2010, f. & cert. ef. 6-14-10
123-690-6000 PROPERTY TAX CONTINGENCIES — Other Exemptions (1) An eligible business firm may seek and receive approval for authorization under ORS 285C.140 according to OAR 123-674, while applying for or being certified under ORS 285C.403, although the business firm shall decide irrevocably on which program to use before seeking any exemption on mutually applicable property—either under ORS 285C.409(1)(a) and (b) or under ORS 285C.170 or 307.330—that is in the process of construction, reconstruction, additions, modifications or installation. (2) For purposes of ORS 285C.409(5), a certified business firm’s receipt of the 7 to 15-year exemption period on facility property under ORS 285C.409(1)(c) demands that: (a) The property has been exempted under ORS 285C.409(1)(a) or (b) during construction or while making improvements or installations, insofar as the property existed at the Facility Site on an assessment date when the facility was not yet in service; and (b) On or before any such assessment date, the firm was certified under ORS 285C.403 in accordance with OAR 123-690-2400. Statutory/Other Authority: ORS 285A.075 & 285C.060(1) Statutes/Other Implemented: ORS 285C.403, 285C.409 & 285C.420 History: OBDD 45-2024, minor correction filed 10/17/2024, effective 10/17/2024 OBDD 14-2024, amend filed 06/10/2024, effective 06/10/2024 OBDD 10-2023, amend filed 07/05/2023, effective 07/05/2023 OBDD 6-2020, amend filed 08/12/2020, effective 08/12/2020 OBDD 5-2017, amend filed 11/29/2017, effective 11/29/2017 OBDD 11-2015, f. & cert. ef. 10-5-15 OBDD 29-2010, f. & cert. ef. 6-14-10
123-690-6400 Multiple, Joint Facilities For purposes of two or more exemptions under ORS 285C.409(1)(c) as provided under ORS 285C.412(4), for which exempt facility property in each case is first placed in service over not more than four consecutive calendar years: (1) Not only may the exemption periods start in different years, but their lengths may also vary respective to each agreement between the zone sponsor and certified business firm under ORS 285C.403(3)(c). (2) If involving different Facility Sites, including but not limited to inside the same enterprise zone, the number of employees shall be determined separately subject to any base number at each Facility Site, consistent with OAR 123-690-4200, before being combined for purposes of ORS 285C.412(4)(d). (3) If at the same Facility Site, each exemption must pertain to distinct investments or operations, but a common base number of employees shall be used. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285C.412 History: OBDD 46-2024, minor correction filed 10/17/2024, effective 10/17/2024 OBDD 11-2015, f. & cert. ef. 10-5-15
123-690-6900 Property at Time of Zone Termination (1) OAR 123-650-9500 to 123-650-9700 address treatment of facility property in an enterprise zone that has terminated. (2) If the location of a certified business firm’s (proposed) facility becomes part of a newly designated or amended rural zone, then the firm’s certification transfers directly to that zone, provided that the certification was still valid consistent with OAR 123-674-9500 or 123-674-9600 as of the effective date of the designation or boundary change. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285C.245 & 285C.409 History: OBDD 14-2024, adopt filed 06/10/2024, effective 06/10/2024
123-690-8500 Revenue Distribution to Local Zone Sponsor (1) The sponsor of an enterprise zone containing exempt facility property owned by a corporation that claims the tax credit under ORS 317.124 might receive funds through the Department of Revenue from the Long Term Enterprise Zone Fund established under ORS 317.127. (2) The sponsor’s receipt of such funds depends on: (a) The qualifying taxpayer’s being allowed to claim the credit for the corporate excise tax year; (b) The taxpayer’s making actual payment to fulfill its applicable tax liability; and (c) The depositing of such payments for distribution under ORS 317.129 and 317.131 (as addressed in OAR 150-317-0250). (3) As to amounts for distribution and the current state fiscal year: (a) If they exceed the property taxes that relevant taxing districts would otherwise have received in the corresponding property tax year, but for exemption under ORS 285C.409, then that excess goes to the zone sponsor. (b) If there is no relevant exemption under ORS 285C.409 in the corresponding property tax year, then the entire amount goes to the zone sponsor. (4) For purposes of section (3) of this rule, the zone sponsor is responsible for making timely arrangements, so that it: (a) Can receive distributed funds in a way that effectively ensures the Department of Revenue of having made payment to the zone sponsor (including but not limited to a joint mechanism among all cosponsors, or a deposit account administered by a single cosponsor on behalf of the entire zone sponsorship); and (b) Satisfies applicable provisions of ORS Chapter 294 and other state or local laws with regard to collecting, holding and using such funds. Statutory/Other Authority: ORS 285A.075 & 285C.060(1) Statutes/Other Implemented: ORS 317.131 History: OBDD 10-2023, amend filed 07/05/2023, effective 07/05/2023 OBDD 5-2017, amend filed 11/29/2017, effective 11/29/2017 OBDD 11-2015, f. & cert. ef. 10-5-15 OBDD 29-2010, f. & cert. ef. 6-14-10
123-700-0000 Purpose and Objectives These rules establish procedures for the administration of the Child Care Infrastructure Fund Program ("Program") under which the Oregon Business Development Department will award grants and loans to fund the planning, design, maintenance, and acquisition of Child Care Facilities that are funded with monies from the Child Care Infrastructure Fund established by ORS 329A.725. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023 ch 523 History: OBDD 18-2024, adopt filed 07/17/2024, effective 07/17/2024
123-700-0010 Definitions For the purposes of these rules additional definitions may be found in OAR 123-001-0010 and ORS 329A.723. As used in this Division of administrative rules, the following terms shall have the following meaning, unless the context clearly indicates otherwise: (1) "Child Care Facility" means any facility that provides child care to children, including a day nursery, nursery school, child care center, outdoor child care program, certified or registered family child care home or similar unit operating under any name. "Child Care Facility" does not include those entities excluded from the meaning of "Child Care Facility" under ORS 329A.250(5). (2) "Child Care Infrastructure Project" means a project that increases the capacity or quality of Child Care Facilities in the state of Oregon and includes new construction, commercial property acquisition, or repair and renovation of existing facilities. (3) "Continued Use Period" means the minimum length of time a Child Care Facility must remain open and serving children upon project completion. The Continued Use Period for funded Child Care Infrastructure Projects will be a minimum of three years but not to exceed ten years. When determining the duration of a Continued Use Period, the Department may consider amount of funding award and entity type. The Continued Use Period begins at time of project completion. (4) "Culturally Specific Early Learning Program" means an early learning program that is designed to serve a particular cultural community that experiences systemic disparities. (5) "Department" means the Oregon Business Development Department. (6) "Fund" means the Child Care Infrastructure Fund created by ORS 329A.725. (7) "Municipality" means an Oregon city or county, a Port organized under ORS chapter 777 or 778, a county service district organized under ORS chapter 451, a district as defined in ORS chapter 198, a tribal council of a federally recognized Indian tribe in this state or an airport district organized under ORS chapter 838. (8) "Non-Profit Organization" means an organization established as a nonprofit organization under the laws of Oregon. (9) "Planning Project" means: (a) A project related to a potential Child Care Infrastructure Project for preliminary, final, or construction engineering; (b) A survey, site investigation or environmental action related to a potential Child Care Infrastructure Project; (c) A financial, technical, or other feasibility report, study or plan related to a potential Child Care Infrastructure Project; or (d) An activity that the Department determines to be necessary or useful in planning for a potential Child Care Infrastructure Project. (10) "School District" has a meaning given that term in ORS 332.002. (11) "System Development Charges" means one-time charges on new development and certain types of redevelopment to help pay for existing and planned infrastructure to serve that development. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023 ch 523 History: OBDD 18-2024, adopt filed 07/17/2024, effective 07/17/2024
123-700-0020 Request for Applications (1) The Department will issue a Request for Applications ("RFA") prior to awarding any grants or loans under the Program. In compliance with these rules, the RFA will set out the process for Eligible Applicants (as defined in OAR 123-700-0070) to submit an application for Program grants and loans and the process the Department will use to evaluate applications and make funding decisions. (2) The Department may provide assistance to applicants to help them better understand Program requirements and may provide training and technical assistance. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023 ch 523 History: OBDD 18-2024, adopt filed 07/17/2024, effective 07/17/2024
123-700-0030 Application Requirements (1) In order to receive a Program grant or loan, an Eligible Applicant must submit an application that: (a) Is in the form required by the Department; (b) Contains or is accompanied by such information and documentation as the Department may require; (c) Demonstrates that all landowners who own property on which the project will take place are aware of, and agree to, the work to be completed under the proposal. The applicant must attest that they will have control of the site for the entire term of the project. (d) Contains an estimate of all project costs including materials, labor, contingency budget, and direct costs and expenses; (e) Contains a project timeline; (f) Contains reasonable bids and includes a timeline for obtaining all necessary approvals and permits for the proposed project; (g) Satisfies any additional requirements the Department may impose in the RFA. (2) The Department will not review applications that do not contain all the required elements. (3) Satisfaction of the above requirements does not guaranteed that an applicant will receive a Program award. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023 ch 523 History: OBDD 18-2024, adopt filed 07/17/2024, effective 07/17/2024
123-700-0040 Application Review & Prioritization (1) Applications will be evaluated by a committee consisting of Department staff, staff from the Oregon Department of Early Learning and Care, and qualified community partners. The committee will provide the Department with funding recommendations based on the criteria set for in these rules and the RFA. The Department retains all funding award authority. (2) The committee will evaluate applications using an award rubric that results in a numeric rating for each the following categories and any additional categories set out in the RFA: (a) The degree to which child care slots are created or preserved; (b) The impact on licensing or health and safety of children; (c) The level of need for child care in the applicant's geographic area using state child care desert data; (d) The project's hours of operation; (e) Whether the project accepts subsidy; (f) Whether the project provides culturally or linguistically appropriate care; (g) Whether the project aligns with the regional child care priorities outlined in the Early Learning Hub's Early Education and Care Sector Plan as described in ORS 329.172(2)(a) (h) The effect on infant and toddler care; (i) The degree to which the proposed project is ready to proceed; and (j) The proposed project's sustainability. (3) After the committee completes the evaluation process set forth in the RFA, the Department will prioritize the applications based on the committee's scoring, geographic distribution, communities served, and any other factors set forth in the RFA to make award decisions. (4) In the event that more than one application receives the same score, the applications have equal prioritization, and the Department lacks sufficient funding to award all applications, as set forth in these rules and the RFA, the Department may use a lottery to select applications that will receive an award. (5) Applications that are selected for an award shall receive a notice of intent to award, and unsuccessful applicants shall receive a letter of explanation from the Department. (6) As applicable, the notice of intent to award shall contain an offer of an amount for a grant or loan (or a combination thereof). The Department may make an offer that is less than what was requested by the applicant. Loan awards to public entity shall be conditioned on a pledge of the entity's full faith and credit and taxing power within Article XI, sections 11 and 11b of the Oregon Constitution. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023 ch 523 History: OBDD 18-2024, adopt filed 07/17/2024, effective 07/17/2024
123-700-0050 Conditions Precedent to Award (1) Prior to making an award for a Child Care Infrastructure Project, the Department must make the following determinations: (a) The project is feasible as demonstrated by certification from a professional engineer or architect registered in the State of Oregon in a feasibility study or other feasibility documentation approved by the Department; (b) Any Program loan will be secured by the pledge of business revenues or other revenues or payments from the owners of any specially benefited properties, and these revenues or payments are sufficient, when considered with other security, to assure repayment of the loan and the recipient has certified to the Department that there will be adequate funds available to repay the loans; (c) Moneys in the appropriate accounts of the Fund are or will be available for the project; (d) The applicant is willing and able to enter a contract with the Department; (e) The project complies with the requirements governing assistance from the Fund; (f) The applicant has demonstrated that it has, or can secure, the administrative capacity to undertake and complete the project; and (g) The applicant has demonstrated: (A) that it and its project are eligible to receive a Program award, (B) the ability to secure full funding for the project, (C) the project will be completed within the required timeline, and (D) the ability to provide services and remain financially solvent throughout the term of project. (2) For a Planning Project, the Department must determine that the requirements set out in sections (1)(b)-(g) of this rule are met. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023 ch 523 History: OBDD 18-2024, adopt filed 07/17/2024, effective 07/17/2024