justicedao/ipfs_state_laws huggingface dataset:
123-650-5100 Public Meeting for Regular Designations For purposes of ORS 285C.067, the Sponsoring Government(s) shall conduct a public meeting (though not necessarily hold a public hearing or issue a public notice for the meeting): (1) That occurs not less than seven days before the adoption of any resolution of designation or re-designation by a Sponsoring Government. (2) To which the Sponsoring Government(s) send staff or community partners, who are directly involved with the re-/designation and knowledgeable about the potential of business development in the proposed zone, as well as their elected or executive officials as feasible and appropriate. (3) At which the Sponsoring Government(s): (a) Make available and reviews draft copies of a map of the proposed zone boundary and other such materials related to the re-/designation; (b) Recognize for the record any written commentary already received from a district; (c) May allot time for opening statements by each district in attendance; and (d) Have the proceedings transcribed or recorded in some manner. (4) That involves discussion of relevant issues and may address follow-up steps for analysis or further consultation, as well as plans for adopting resolutions and completing the re-/designation. Statutory/Other Authority: ORS 285A.075, 285C.060(1) & 285C.067(2) Statutes/Other Implemented: ORS 285C.060, 285C.065, 285C.067, 285C.074 & 285C.250 History: OBDD 15-2015, f. & cert. ef. 11-12-15 OBDD 23-2010, f. & cert. ef. 6-14-10
123-650-5200 Consultations Generally with Taxing Districts (1) In anticipation of or subsequent to the meeting described in OAR 123-650-5100, or as otherwise warranted with an enterprise zone designation, re-designation or boundary change, the Sponsoring Government(s) or zone sponsor: (a) May communicate, confer or interact with one or more local taxing districts, including but not limited to additional public or nonpublic meetings or other means of eliciting feedback and dialogue with districts. (b) Shall respond within 10 business days to a local taxing district’s formal request and make good faith efforts to fulfill any such a request for a special (one-on-one) meeting or for written answers to specific questions. (c) Shall assist one or more districts, as requested, to estimate or better understand short or long-term effects on public revenues and service demands under particular assumptions or potentialities about enterprise zone development. (d) May explore how to effectively resolve relevant, outstanding issues through local government permitting procedures or development standards affecting eligible business firms in the zone, including but not limited to design review, conditional use permits, comprehensive land use planning or zoning ordinances. (2) As a consequence of consultative activities with local taxing districts, the Sponsoring Government(s) or zone sponsor: (a) May establish arrangements or agreements with one or more districts, contingent on the zone re-/designation or boundary amendment. (b) Shall describe any such arrangements in materials submitted to the Department, including but not limited to follow-up steps, timelines or outstanding points still subject to refinement or finalization. (c) May formally execute and document any such arrangement or agreement, but any description of verbal pledges or understandings do not themselves create or represent an obligation by the zone sponsor. (3) This rule does not create any authority over property tax collection or any right to obligate or burden the county assessor. Statutory/Other Authority: ORS 285A.075, 285C.060(1) & 285C.067(2) Statutes/Other Implemented: ORS 285C.060, 285C.067, 285C.074, 285C.115 & 285C.117 History: OBDD 15-2015, f. & cert. ef. 11-12-15 OBDD 23-2010, f. & cert. ef. 6-14-10
123-650-5300 Fee Rates to Support Oregon Schools (1) A positive determination by the Department of any designation or re-designation of an enterprise zone under ORS 285C.074 depends on setting a rate or rates for support fees with K–12 school districts: (a) As part of requisite consultations with local taxing districts; (b) Consistent with OAR 123-668-4000 and 123-668-4100; and (c) Such that the submission to the Department under ORS 285C.074(1) must include formal documentation of any or all established rate(s) with each and every common or union high school district that: (A) Provides elementary and secondary education (exclusive of community college, educational service or any other district); and (B) Levies property taxes in a tax code area anywhere within the boundary of the enterprise zone. (2) Establishment of the rate or rates in section (1) of this rule must: (a) Follow advisory in OAR 123-650-4000; and (b) Precede adoption of any resolution that designates or re-designates the zone by a Sponsoring Government. (3) Regardless of previous rate‑setting with a school district according to this rule or OAR 123-668-4000(2)(b), any re-designation must entail updated documentation even if maintaining the same rate. (4) The respective rate shall apply exclusively to any agreement entered into between the zone sponsor and a business firm under ORS 285C.160 or 285.403(4) on or after the effective date of designation or re-designation. (5) This rule does not control or affect any designation under ORS 285C.085, 285C.095, 285C.100, 285C.306 or 285C.353 or any boundary change under ORS 285C.115, notwithstanding the requirement for a school support fee rate in any agreement between the zone sponsor and a business firm under ORS 285C.162 and 285C.405. Statutory/Other Authority: ORS 285A.075, 285C.060(1) & 285C.067(2) Statutes/Other Implemented: ORS 285C.067, 285C.074, 285C.160, 285C.403 & OrLaws 2023 ch. 298 §55 History: OBDD 14-2024, adopt filed 06/10/2024, effective 06/10/2024
123-650-5500 Notice for Boundary Changes A change to an existing enterprise zone boundary must entail notice to local taxing districts before the submission under ORS 285C.117 to the Department that generally conforms to that described in OAR 123-650-5000, except: (1) The notice goes not only to each taxing district in any area to be added, but also to those inside the entire, current zone area (aside from any jurisdiction joining the zone). (2) The notice shall be sent at least 21 calendar days before adoption of the requisite resolution by the governing body of the sponsoring county. If there is no sponsoring county, notice must precede the resolution by every sponsoring city or port by 21 calendar days. (3) There is no mandatory public meeting or other type of special consultation, but circumstances such as the addition of a new cosponsor or of extensive areas could demand further communication along the lines of OAR 123-650-5200. (4) The submission to the Department is not complete without inclusion of relevant items listed in OAR 123-650-5000(4). Statutory/Other Authority: ORS 285A.075 & 285C.060(1) Statutes/Other Implemented: ORS 285C.115 & 285C.117 History: OBDD 15-2015, f. & cert. ef. 11-12-15 OBDD 23-2010, f. & cert. ef. 6-14-10
123-650-9100 ZONE TERMINATION — Events and Timing For purposes of these administrative rules and designations or re-designations of enterprise zones by city, port or county governments: (1) The official existence of such an enterprise zone concludes for one of three reasons: (a) "Terminated-by-Statute” (OAR 123-650-0100), effectively at 12 midnight (Pacific Time) on July 1; (b) Early Termination, by order of the Director under ORS 285C.245(1)(b) and (2) or (3), prior to subsection (a) of this section, either by sponsor request or for cause, for which the Director’s order shall prescribe the effective date of termination; or (c) Programmatic Sunset, under ORS 285C.240(1)(c) and 285C.255(1)(c) at 5:00 PM (Pacific Time) on June 30, 2032, prior to subsection (a) or (b) of this section. (2) Any enterprise zone timely and concurrently re-designated under ORS 285C.250 as described in OAR 123-650-4900(1)(b) is not again Terminated-by-Statue until, in effect, 11 years after its July-1 designation, except as preempted by subsection (1)(b) or (c) of this rule. (3) Following the termination of an enterprise zone: (a) The local policies adopted by the zone sponsor under ORS 285C.105 or any other applicable law shall remain in force as they were at the time of termination. (b) The sponsor of the terminated zone may appoint a replacement as needed for the local zone manager, if the position previously held by the local zone manager lacks qualified personnel. Statutory/Other Authority: ORS 285A.075 & 285C.060(1) Statutes/Other Implemented: ORS 285C.245, 285C.250 & 285C.255 History: OBDD 14-2024, amend filed 06/10/2024, effective 06/10/2024 OBDD 11-2017, amend filed 11/29/2017, effective 11/29/2017 OBDD 15-2015, f. & cert. ef. 11-12-15 OBDD 13-2012, f. & cert. ef. 8-15-12 OBDD 23-2010, f. & cert. ef. 6-14-10
123-650-9700 Timely Completion of Investments For purposes of a proposed investment in qualified property or a facility by a business firm authorized or certified in a terminated enterprise zone: (1) As used in ORS 285C.245: (a) “… within a reasonable time …” means that property or a facility is in service no later than 18 months after the date on which relevant construction, reconstruction, additions, modifications or installations commenced. (b) “… without interruption …” means that property or a facility does not remain in an unfinished state for more than six months without significant construction, reconstruction, addition, modification or installation activity and progress toward completion of such activities in fulfillment of subsection (a) of this section. (2) The property may not qualify and receive the exemption under ORS 285C.175 or 285C.409(1)(c) if section (1) of this rule is violated, except in the event that the Department issues a finding to the county assessor that the delay is reasonable and not excessive, given the nature and extent of the investment or of inadvertent circumstances. (3) Nothing in this rule shall influence or restrict an exemption on property in an enterprise zone that still exists and has not terminated. Statutory/Other Authority: ORS 285C.075 & 285C.060(1) Statutes/Other Implemented: ORS 285C.175, 285C.245 & 285C.409 History: OBDD 14-2024, adopt filed 06/10/2024, effective 06/10/2024
123-656-0001 Purpose and Scope This division of administrative rules addresses the existence of enterprise zones in addition to OAR 123-650, as provided under: (1) ORS 285C.300 to 285C.320 respective to Oregon-based Tribes; and (2) ORS 285C.085 based on special federal designations. Statutory/Other Authority: ORS 285A.075 & 285C.060(1) Statutes/Other Implemented: ORS 285C.085 & 285C.300 – 285C.320 History: OBDD 10-2017, amend filed 11/29/2017, effective 11/29/2017 OBDD 14-2015, f. & cert. ef. 11-12-15 OBDD 24-2010, f. & cert. ef. 6-14-10
123-656-0100 Definitions OAR 123-001 (Procedural Rules) and 123-650 define terms used in this division of administrative rules. In addition: (1) As used in ORS 285C.085(4)(b), “all areas within both the federal enterprise zone and the city, county or port are included in a state enterprise zone” means that the state enterprise zone will need to encompass all of the Federal Enterprise Zone inside the territory of any city, port or county that will sponsor the zone. This is true regardless that such territory is also inside an overlapping city, port or county that neither sponsors nor consents to the zone, in that not every city, port or county needs to sponsor or consent as required under ORS 285C.065, 285C.066 or 285C.068, but other jurisdictions may formally consent to include parts of the Federal Enterprise Zone that are outside sponsor territory in the state enterprise zone consistent with OAR 123-650-0500. (2) As used in these administrative rules, unless the context demands otherwise: (a) Federal Enterprise Zone is a designation by an agency of the U.S. government that is: (A) Not terminated; (B) Located at least partially in this state; (C) Delimited by formal boundaries and an established period of existence lasting five or more years; (D) Intended at least in part to create or improve economic opportunities and development within the local community; (E) Provided for by federal law that includes congressionally authorized benefits for purposes of paragraph (D) of this subsection; (F) Qualified based on federal guidelines, including but not limited to criteria for a level of economic hardship generally comparable to that indicated under ORS 285C.090; and (G) For example, comparable historically to federal Renewal Communities, Empowerment Zones or Opportunity Zones. (b) RENZ means a reservation enterprise zone under ORS 285C.306(2). (c) RPRZ means a reservation partnership zone under ORS 285C.306(3). (d) Tribe means one of the federally recognized Indian tribes in Oregon listed under ORS 285C.306(1). Statutory/Other Authority: ORS 285A.075 & 285C.060(1) Statutes/Other Implemented: ORS 285C.050, 285C.085 & 285C.300 – 285C.320 History: OBDD 11-2020, amend filed 08/12/2020, effective 08/12/2020 OBDD 10-2017, amend filed 11/29/2017, effective 11/29/2017 OBDD 14-2015, f. & cert. ef. 11-12-15 OBDD 24-2010, f. & cert. ef. 6-14-10
123-656-1000 TRIBAL ZONES — Applicability of Regular Parameters For purposes of RENZs and RPRZs: (1) Their creation does not depend on any measure of local economic hardship or on consultation with local taxing districts. (2) They do not need to satisfy the following requirements in OAR 123-650, except pursuant to a boundary change under ORS 285C.115(3), including but not limited to: (a) Maximum distances overall or between an RENZ’s separate areas; or (b) General co-sponsorship or consent by applicable city, port or county governments as described in OAR 123-650-0500. (3) Each may have total area within its boundary of up to but not more than 12 square miles consistent with OAR 123-650-1000(3) and (4), for which: (a) A RENZ application to the Department shall adhere to OAR 123-650-1500, but any RENZ may include separate, noncontiguous areas anywhere in this state. (b) The cosponsors of an RPRZ shall determine how to define, map and describe the zone’s area, but it must be contiguous. (4) Either may designate itself for electronic commerce status under ORS 285C.095 (see OAR 123-662). (5) The zone sponsor shall fulfill the duties incumbent on it under ORS 285C.105 or elsewhere in ORS chapter 285C, including but not limited to those addressed in OAR 123-668. (6) They are invariably ‘rural’ enterprise zones: (a) Even if entirely or partially inside a regional or metropolitan urban growth boundary, notwithstanding OAR 123-650-0700. (b) For purposes of the standard exemption under ORS 285C.175 (see OAR 123-674) and long-term tax incentives under ORS 285C.409 (see OAR 123-690), regardless of where any part of the zone exists, but: (A) The facility must nevertheless be in an applicable county for the long-term tax incentives; and (B) Neither a RENZ (designated after 2003) nor an RPRZ sponsor may elect or allow a hotel, motel or destination resort business to be eligible for the standard exemption. (7) They may set a support fee rate with a school district as described in OAR 123-668-4000. Statutory/Other Authority: ORS 285A.075 & 285C.060(1) Statutes/Other Implemented: ORS 285C.050 – 285C.250, 285C.255, 285C.300 – 285C.320 & 285C.400 – 285C.420 History: OBDD 14-2024, amend filed 06/10/2024, effective 06/10/2024 OBDD 10-2017, amend filed 11/29/2017, effective 11/29/2017 OBDD 14-2015, f. & cert. ef. 11-12-15 OBDD 24-2010, f. & cert. ef. 6-14-10
123-656-1200 Reservation Enterprise Zone Designations For purposes of RENZs, consistent with OAR 123-656-1000: (1) To apply for designation of a RENZ, the Tribe shall furnish the Department with the following: (a) A copy of the resolution requesting designation, as duly adopted by the Tribe’s governing body within the past six months; (b) Map and so forth as applicable in accordance with OAR 123-656-1000(3); (c) A formal statement or evidence to the effect that the proposed zone area contains only such land of the Tribe under ORS 285C.306(2)(b) – that is, the following based on current laws, authority or treaties with the U.S. government: (A) Land held in trust; (B) Land officially pending trust status; (C) Any on-reservation area; or (D) Any combination of these; and (d) As necessary or appropriate: (A) Copies of federal documents attesting to relevant status; and (B) A map of the zone showing and labeling the respective nature of the tribal lands comprising the designated area. (2) Subject to the accuracy and completeness of materials provided in section (1) of this rule, the Department shall approve the designation to take effect as early as when either the Department received a complete application or the Tribe’s governing body adopted its resolution, depending on the preference of the Tribe and determination of the Department. (3) The Department may not approve a RENZ: (a) For a Tribe that already has one; or (b) That includes area inside any other existing enterprise zone. (4) A RENZ terminates by operation of law under ORS 285C.245(1)(a) or early by sponsor request under ORS 285C.245(2), but it is not subject to: (a) Early termination by order of the Director for cause under ORS 285C.245(3); or (b) Programmatic sunset under ORS 285C.255. (5) In conformance with sections (1) and (2) of this rule, the Tribe may seek to have the RENZ: (a) Amended through a boundary change at any time without triggering provisions under ORS 285C.115(3) consistent with OAR 123-656-1000(2). (b) Re-designated: (A) Concurrent with or after the July-1 termination date under ORS 285C.245(1)(a) and (4); or (B) Any time more than a year after a requested early termination under ORS 285C.245(2). Statutory/Other Authority: ORS 285A.075 & 285C.060(1) Statutes/Other Implemented: ORS 285C.245 & 285C.306 History: OBDD 14-2024, amend filed 06/10/2024, effective 06/10/2024 OBDD 14-2015, f. & cert. ef. 11-12-15 OBDD 24-2010, f. & cert. ef. 6-14-10
123-656-2000 FEDERAL ENTERPRISE ZONES — Federally Based Designation For purposes of applying for and designating an enterprise zone under ORS 285C.085(2): (1) City, port or county governments may seek designation of a zone corresponding to the boundary of a single Federal Enterprise Zone located in the government’s territory: (a) Submission may be made to the Department at any time without regard to an application form; (b) Besides a map and so forth of the proposed enterprise zone consistent with OAR 123-650-1500, the submission must document the Federal Enterprise Zone’s official existence, location and satisfaction of OAR 123-656-0100(2)(a), except to the extent that the Department is fully aware of such satisfaction; (c) Information related to local economic hardship is not necessary; (d) The governments must send notice and engage in timely communication with local taxing districts in accordance with OAR 123-650-5500; (e) A cosponsor of a zone terminated as described in OAR 123-650-9100(1)(b) is not excluded from applying; (f) Zone sponsor may not elect under ORS 285C.070 for hotels, motels or destination resorts to be eligible business firms in the zone; (g) Zone sponsor may set a support fee rate with a school district in accordance with OAR 123-674-4000; and (h) The designation shall not be the re-designation of an existing or previously existing enterprise zone. (2) The designation of the zone may be made without regard to any limitation on size or dimensions as described in OAR 123-650-1000 and 123-650-1100. (3) The zone must still conform to requirements for: (a) Being either urban or rural as described in OAR 123-650-0700, except through a special dispensation in the Director’s Order; (b) Not containing any area inside any other existing enterprise zone consistent with OAR 123-650-1000(2); and (c) Inclusion of any area in each cosponsor that is also inside the Federal Enterprise Zone according to OAR 123-656-0100(1). (4) The Director shall issue an order to accomplish the designation. (5) A (co)sponsor of an existing enterprise zone may not seek designation as described in this rule, if the Federal Enterprise Zone overlaps with a portion of the existing enterprise zone, but rather should avail itself of a boundary change as described in OAR 123-656-2100. Statutory/Other Authority: ORS 285A.075 & 285C.060(1) Statutes/Other Implemented: ORS 285C.085 History: OBDD 14-2024, amend filed 06/10/2024, effective 06/10/2024 OBDD 10-2017, amend filed 11/29/2017, effective 11/29/2017 OBDD 14-2015, f. & cert. ef. 11-12-15 OBDD 24-2010, f. & cert. ef. 6-14-10
123-656-2100 Boundary Changes to Conform to Federal Zone For purposes of a local request to change the boundary of an existing enterprise zone under ORS 285C.085(3): (1) The request is generally comparable to submission as described in OAR 123-650-4400 and OAR 123-656-2000. (2) Such a boundary change may add an area to the existing zone, only if the area is located in a county, in which the zone is already located, or in a contiguous county. (3) Following the change in the zone boundary, the existing zone shall be Terminated-by-Statute or may be terminated by order of the Director, as normal under ORS 285C.245, irrespective of the boundary change. (4) If the Federal Enterprise Zone terminates prematurely for nonperformance, violation of federal guidelines or similarly unusual circumstances, then the Director may rescind the order changing the boundary of the zone, as if that boundary change had never occurred. Any business firm located in an area consequently left out of the zone shall enjoy the same protection under the relevant provisions of law and this chapter of administrative rules for location in a terminated enterprise zone. (5) Once an enterprise zone has been designated or amended as described in OAR 123-656-2000 or this rule, a (further) change in the boundary of the zone may be requested and done under ORS 285C.115, as otherwise allowed, with the following clarifications: (a) If the total area of the enterprise zone equals or exceeds the relevant 12 or 15 square miles, additional area may be included only if located: (A) In parts of the Federal Enterprise Zone within a city, port or county that would become a cosponsor of the zone with the boundary change; (B) In new parts of the Federal Enterprise Zone, as amended by authority of the federal government; or (C) In another Federal Enterprise Zone that is located in a city, port or county that already sponsors the zone. (b) If the zone exceeds the maximum overall allowed distance applicable to the zone, additional areas may be included in one of the following ways: (A) Consistent with subsection (a) of this section; (B) Where such areas do not increase the overall distance within the zone consistent with provisions under ORS 285C.120(1)(b) and (c); or (C) By virtue of a waiver under ORS 285C.120(2) as described in OAR 123-650-1100(4). Statutory/Other Authority: ORS 285A.075 & 285C.060(1) Statutes/Other Implemented: ORS 285C.085 & 285C.115 History: OBDD 14-2015, f. & cert. ef. 11-12-15 OBDD 24-2010, f. & cert. ef. 6-14-10