justicedao/ipfs_state_laws huggingface dataset:
123-650-0100 Definitions ORS 285C.050 and OAR 123-001 (Procedural Rules) contain definitions used in this division of administrative rules. In addition, unless the context demands otherwise: (1) Census Statistical Unit includes any standard geographic area, jurisdictional entity, administrative designation, or parts of one, for which the U.S. Bureau of Census or other federal, state or institutional/academic sources issue recurring economic data, including but not limited to: County, county subdivision, city/place, census tract or census block group. (2) Enterprise Zone Population means, based on either the latest decennial U.S. Census count or the most recently available estimate from the Portland State University Population Research Center: (a) For rural enterprise zones, the total population of incorporated cities, in which any part of the zone is located, plus the currently estimated population of any Census Statistical Unit that tightly envelope unincorporated zone areas; or (b) For urban enterprise zones, the currently estimated population of Census Statistical Units that tightly envelope zone areas, and it may also include any associated residential area or group of such areas proximate to the zone boundary that encompass a populace, whom the Sponsoring Government(s) explicitly intend to serve through employment opportunities and relevant public or private efforts or programs in relation to the zone. (3) “Original enterprise zone,” as used in ORS 285C.115(2) for purposes of boundary changes, means the area within the boundary of the zone at the time when it was most recently (re-)designated, irrespective of any intervening boundary change. (4) Sponsoring Government means a county, port or city designating an enterprise zone (or a district that has effectively the same governing body as the county, port or city, and that contains all of the city, port or county territory inside the proposed zone). A Sponsoring Government may be any city, port or county in Oregon, or any combination of such jurisdictions as provided in OAR 123-650-0500, except as described in OAR 123-650-0600 or 123-650-4900(2)(c). (5) Terminated-by-Statute means the automatic termination of an enterprise zone by operation of law after more than 10 years under ORS 285C.245(1)(a). Statutory/Other Authority: ORS 285A.075, 285C.060(1) & 285C.066 Statutes/Other Implemented: ORS 285C.050 – 285C.250 History: OBDD 14-2024, amend filed 06/10/2024, effective 06/10/2024 OBDD 12-2020, amend filed 08/12/2020, effective 08/12/2020 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
123-650-0600 Zones Allowed per Jurisdiction Enterprise zone designations, re-designations and boundary changes are subject to negative determinations under ORS 285C.074 and 285C.117, if needlessly redundant, in that: (1) Whenever practical, would-be Sponsoring Government(s) shall consider joining together with other city, port and county cosponsors through mutual re-/designations and boundary changes, in order to: (a) Complement the standards under ORS 285C.120(2)(b) as addressed in OAR 123-650-1100(5); (b) Make the most of limited resources among agencies, especially at the local level, for administrating and marketing every enterprise zone in the pursuit of business development; and (c) More generally raise visibility and foster intercommunity collaboration around regional economic development. (2) Cities shall actively explore cosponsoring an enterprise zone, as allowable by OAR 123-650-0700 to 123-650-1100, if both cities are interested in including area inside a zone, or if one already sponsors a zone and the other is so interested, and their respective urban growth boundaries (UGBs) are separated: (a) By 5 miles or less in any case; or (b) In the case of a rural zone in sparsely populated counties: (A) By 15 miles or less; or (B) By more than 15 miles for any city with a population of 2,000 or less, based on the most recent decennial U.S. Census count, whenever the waiver consistent with OAR 123-650-1100(4) is feasible and appropriate. (3) The obligation in section (2) of this rule extends equivalently to ports or counties that are cosponsors or would-be Sponsoring Governments, including but not limited to areas outside of UGBs being brought into an enterprise zone that is (also) sponsored by one or more cities. (4) Specifically for purposes of ORS 285C.066(2), only one enterprise zone may: (a) Exist at any one time inside the UGB of any city, whether or not it sponsors the zone, except that based on the most recent decennial U.S. Census count: (A) Two zones are allowed if the city’s population is 100,000 or more. (B) Three zones are allowed if the city’s population is 500,000 or more. (b) Be designated per county for a zone containing solely unincorporated territory, as sponsored by the county or a port in that county but not by any city. The Department may still allow an exception to this subsection if finding that the second or third such zone in the county: (A) Is located in a rather distant and different part of that county; (B) Comprises near areas in another county; or (C) Would serve one or more exigent business development opportunities, and that distances within the county or other factors render other options impractical or counterproductive. Statutory/Other Authority: ORS 285A.075, 285C.060(1), 285C.066 & 285C.120(2)(b) Statutes/Other Implemented: ORS 285C.060, 285C.066 & 285C.120 History: OBDD 14-2024, amend filed 06/10/2024, effective 06/10/2024 OBDD 12-2020, amend filed 08/12/2020, effective 08/12/2020 OBDD 15-2015, f. & cert. ef. 11-12-15
123-650-0700 Rural and Urban Designations As defined under ORS 285C.050, an enterprise zone is categorized as either ‘rural’ or ‘urban’ under ORS 285C.050(18) or (22), such that: (1) As used in ORS 285C.050(22), “regional or metropolitan urban growth boundary” means the UGB encompassing: (a) The principal Oregon city or cities of a federally established metropolitan statistical area (MSA), according to the most recent delineation of such statistical areas by the White House Office of Management and Budget (OMB) of the U.S. Government; and (b) Any other city that jointly undertakes comprehensive planning with such a city to determine their mutual UGB. (2) Subject to change in the delineation of federal MSAs in Oregon or their principal cities, or in joint arrangements for inter-city planning, section (1) of this rule currently pertains to the UGBs for: (a) Albany; (b) Bend; (c) Corvallis; (d) Eugene and Springfield; (e) Grants Pass; (f) Medford; (g) Portland and Hillsboro with all other cities inside the Metro UGB; and (h) Salem with Keizer. (3) An enterprise zone may be neither designated, re-designated nor amended to include areas both inside and outside a regional or metropolitan urban growth boundary, based on the circumstances described in section (1) or (2) of this rule at the time that the Department receives the local sponsor advisory under ORS 285C.078 or boundary change submission under ORS 285C.117. (4) The rural/urban category of any existing enterprise zone may switch according to a change in the circumstances with section (1) or (2) of this rule, as determined by the Department, including but not limited to local sponsor preference, provided the zone boundary is not intersected as described in section (5) of this rule. (5) If a UGB amendment, a change described in section (4) of this rule, or some other occurrence causes a regional or metropolitan urban growth boundary to intersect an existing enterprise zone boundary, the zone’s categorization as either urban or rural shall remain as it is. If a subsequent modification or occurrence situates the zone entirely outside or inside of that boundary, then the zone’s categorization as rural or urban may switch accordingly at that time. Statutory/Other Authority: ORS 285A.075, 285C.060(1) & 285C.066 Statutes/Other Implemented: ORS 285C.050 – 285C.250 History: OBDD 14-2024, amend filed 06/10/2024, effective 06/10/2024 OBDD 12-2020, amend filed 08/12/2020, effective 08/12/2020 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
123-650-1000 DIMENSIONS AND BOUNDARIES — Size and Distances For purposes of an enterprise zone designation, re-designation or boundary change: (1) Except as allowed in OAR 123-650-1100: (a) The straight-line distance between any two points within the zone may not exceed 12 miles if it is urban, or 15 miles if it is rural. (b) A separate area of the zone must be five or fewer miles of straight-line distance away from another area of the zone as measured between the two closest points of each area. (2) No part of the zone may be inside the boundary of another enterprise zone. (3) The total area of the zone may not exceed 12 square miles if it is urban, or 15 square miles if it is rural, for which the following may be ignored, even though they are within the zone boundary: (a) Any road, track, transmission line or the like that nominally links separate areas of the zone for visual continuity; (b) Public rights‑of‑way, incidentally within the zone area definition or included with parcels or tax lots comprising the zone, that are actively in use as part of the public domain, completely unavailable for private development, and not expected to be ever vacated; or (c) Any area below the ordinary high-water mark of navigable bodies of water, including but not limited to this state’s border territory that is also within the jurisdiction of the zone sponsor, such as areas of the ocean up to three nautical miles directly from shore. Nevertheless, property located in such an area is inside the zone boundary for purposes of exemption from taxes. (4) Total area for purposes of section (3) of this rule is not otherwise limited only to the net area for assessment and taxation of tax lots comprising the zone. Statutory/Other Authority: ORS 285A.075 & 285C.060(1) Statutes/Other Implemented: ORS 285C.050, 285C.090 & 285C.120 History: OBDD 14-2024, amend filed 06/10/2024, effective 06/10/2024 OBDD 12-2020, amend filed 08/12/2020, effective 08/12/2020 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
123-650-1500 Mapping and Defining Zone Boundary Any enterprise zone designation, re-designation or boundary change shall demonstrate adherence to OAR 123-650-1000 or 123-650-1100 by including all of the following with the documentation submitted to the Department under ORS 285C.074 or 285C.117: (1) An estimate to the nearest 0.1 square miles of the entire zone area (after accounting for area added or removed due to any boundary change) in accordance with OAR 123-650-1000(3) and (4). (2) Map or set of maps drawn to scale with north directional arrow, legend/scale and title using the zone name, as well as clear representation of the zone boundary, including: (a) An overview map showing the entire zone on a single page; and (b) Inset, subsidiary or supplemental maps, as necessary or appropriate, in order to: (A) Provide detail for portions of the zone as referenced or linked to the overview map; and (B) Specify areas added or removed. (3) Narrative description of the overall enterprise zone boundary in a continuous fashion (incorporating any boundary change) that corresponds to the mapping in section (2) of this rule, but which would overrule the mapping in the event of any material discrepancy. The description shall rely on one of the following methods that exactly corresponds to the zone boundary, or a combination of them if fitting together clearly, comprehensively and without redundancy: (a) Professional metes and bounds surveying; (b) Permanent landmarks or natural margins such as a waterway, road, track or transmission line; (c) Official borders or demarcations such as city limit, urban growth boundary, county line or right of way based on specifically dated citations or documents (zone boundary does not change along with any subsequent change to the demarcation); (d) Whole cadastral sections, quarter sections and so forth; or (e) Listing of tax lots in relation to specified and dated county assessor maps with associated township, range and section numbering: (A) In a table with multiple other data for each tax lot that further identify it, such as street address, legal description, zoning, area, tax code, coordinates, or property tax account number; and (B) Preferably supplemented with copies of the respective assessor maps. (4) The following items, which are submitted electronically to the Department (even if other items in this rule need not be): (a) A single set of geo-coded data, for a geographic information systems (GIS) shape file, specific only to that entire zone (pursuant to any boundary change) and not in combination with any other enterprise zone; and (b) Image file corresponding to subsection (2)(a) of this rule (silently incorporating any boundary change). Statutory/Other Authority: ORS 285A.075 & 285C.060(1) Statutes/Other Implemented: ORS 285C.060, 285C.065, 285C.074, 285C.085, 285C.090, 285C.115, 285C.117, 285C.120 & 285C.250 History: OBDD 28-2024, minor correction filed 10/17/2024, effective 10/17/2024 OBDD 14-2024, amend filed 06/10/2024, effective 06/10/2024 OBDD 15-2015, f. & cert. ef. 11-12-15 OBDD 23-2010, f. & cert. ef. 6-14-10
123-650-4000 DESIGNATIONS & BOUNDARY CHANGES — Initiating Designation To designate or re-designate an enterprise zone under ORS 285C.065 or 285C.250: (1) The process begins with the Sponsoring Government(s) sending a formal advisory to the Department of its intent to re-/designate. This may happen at any time for a new designation, but for concurrent re-designation, the local zone sponsor shall timely provide the advisory under ORS 285C.074 after January 1 (but by May 16 at the very latest), preceding July 1 when the existing zone will have Terminated-by-Statute. (2) The Department will respond promptly to such an advisory, which if by telephone will be memorialized at least through email, consulting with the Sponsoring Government(s) about: (a) The utility, impacts and responsibilities of re-/designating and having an enterprise zone; (b) Steps to re-/designate a zone, including but not limited to formally sending notice to and consulting with local taxing districts, after this consultation by the Department has taken place; (c) Documentation, as well as sample resolution language, needing to be submitted to the Department; (d) Economic hardship criteria and possible assistance in identifying measures for the local area; (e) Prohibitions in OAR 123-650-4900(2); and (f) Other matters as appropriate or necessary. (3) Not less than 45 days after advising the Department, the Sponsor Governments may submit the enterprise zone re-/designation, as described in OAR 123-650-4100 (electronically as desired). Statutory/Other Authority: ORS 285A.075, 285C.060(1) & 285C.067(2) Statutes/Other Implemented: ORS 285C.065, 285C.067, 285C.074, 285C.078 & 285C.250 History: OBDD 12-2020, amend filed 08/12/2020, effective 08/12/2020 OBDD 11-2017, amend filed 11/29/2017, effective 11/29/2017 OBDD 15-2015, f. & cert. ef. 11-12-15
123-650-4100 Documentation Pursuant to Zone Designation Upon designation or re-designation of an enterprise zone, for purposes of ORS 285C.074: (1) The Sponsoring Government(s) must complete a form available from and submit it to: Incentives, Business Oregon, State Lands Building Suite 310, 775 Summer Street NE, Salem OR 97301-1280, see www.oregon.gov/biz , along with all applicable documentation, respective to: (a) Contact information and the name of the zone based on place names or common geographic terms (which if the same as a previous or terminating zone’s name will include a “II, III, IV, …” suffix, but only in the context of this submission); (b) Identifying the Sponsoring Governments and consenting jurisdictions for purposes of OAR 123-650-0500, and hotel/resort elections by city or county sponsors, including but not limited to enclosing or attaching an executed copy of the resolution duly adopted by the governing body of each Sponsoring Government according to OAR 123-650-4800(1) and (2) and of any consenting jurisdiction, under the charter, by-laws or ordinances of the city, port or county; (c) Timely notice and consultation with local taxing districts for OAR 123-650-5000 to 123-650-5200; (d) Having established a school support fee rate with every school district that has territory inside the zone boundary consistent with OAR 123-650-5300; (e) Zone boundary, size and dimensions consistent with OAR 123-650-1500; and (f) Data, statistics and so forth on social and economic conditions in OAR 123-650-4200. (2) The form in section (1) of this rule and associated instructions or guidance prepared by the Department are hereby incorporated into and made part of these administrative rules, including but not limited to the proper aggregation and use of economic data. Statutory/Other Authority: ORS 285A.075, 285C.060(1) & 285C.067(2) Statutes/Other Implemented: ORS 285C.060, 285C.065, 285C.066, 285C.067 & 285C.074 History: OBDD 29-2024, minor correction filed 10/17/2024, effective 10/17/2024 OBDD 14-2024, amend filed 06/10/2024, effective 06/10/2024 OBDD 15-2023, amend filed 07/05/2023, effective 07/05/2023 OBDD 11-2017, amend filed 11/29/2017, effective 11/29/2017 OBDD 15-2015, f. & cert. ef. 11-12-15
123-650-4200 Mandatory Economic Need for Zone Designation For purposes of designation or re-designation, the local area of the enterprise zone must exhibit economic hardship, in that: (1) Except as allowed in section (2) of this rule, an enterprise zone must meet one of the following relative measures in order to qualify for designation: (a) The zone’s median income per household or mean income per capita is 80 percent or less of the equivalent statewide income; (b) The zone’s unemployment rate is at least 2.0 percentage points higher than the corresponding statewide unemployment rate; (c) The zone’s percentage of persons or families below the poverty level is at least five percentage points higher than the equivalent statewide percentage; or (d) The change in Enterprise Zone Population during the most recent ten-year period is at least 15 percentage points less than the baseline growth for the statewide population. (For example, if the Enterprise Zone Population increased 10 percent, but the state’s population over the same ten-year period grew by 25 percent, the zone would meet this qualification) (2) An enterprise zone may nevertheless qualify under ORS 285C.090(1)(c), if the Department finds based on evidence documented by the Sponsoring Government(s) that the zone will effectively serve communities with economic needs at least as severe as that represented in section (1) of this rule. This may include a combination of recently available facts and data for social and economic conditions, or for example, permanent closures or curtailments within 30 miles of the zone that are associated with heavy job losses by specified employers during the three years preceding designation. (3) For purposes of subsections (1)(a), (b) or (c) and section (2) of this rule, economic statistics of the metropolitan statistical area that contains an enterprise zone may substitute for corresponding statewide figures as the basis of comparison. Statutory/Other Authority: ORS 285A.075 & 285C.060(1) Statutes/Other Implemented: ORS 285C.060, 285C.074 & 285C.090 History: OBDD 15-2015, f. & cert. ef. 11-12-15
123-650-4400 Documentation with Boundary Changes For purposes of ORS 285C.117: (1) The zone sponsor (including with any new cosponsor) may change the boundary of the enterprise zone under ORS 285C.115 and then submit documentation to the Department (electronically as desired), at any time. (2) The submission shall comprise a memorandum prepared by the sponsor containing necessary information, as well as all applicable materials, items or data, respective to: (a) The submitter–contact for the sponsor, relevant background about the amendments, and any change in the zone name; (b) Identifying every current and new (co)sponsor or consenter, along with an executed copy of the resolution adopted by the governing body of each sponsoring jurisdiction according to applicable provisions of OAR 123-650-4800(2), as well as any (re-)consenting jurisdiction, consistent with the charter, by-laws or ordinances of the city, port or county; (c) Timely notice to local taxing districts in OAR 123-650-5500 and related matters; (d) Zone boundary, size and dimensions in accordance with OAR 123-650-1500; (e) Data, statistics and so forth on social and economic conditions for OAR 123-650-4500; and (f) Other issues, as necessary or appropriate, in OAR 123-650-4600. Statutory/Other Authority: ORS 285A.075 & 285C.060(1) Statutes/Other Implemented: ORS 285C.060, 285C.066, 285C.115 & 285C.117 History: OBDD 12-2020, amend filed 08/12/2020, effective 08/12/2020 OBDD 15-2015, f. & cert. ef. 11-12-15
123-650-4500 Economic Conditions for Areas Added by Boundary Changes Under ORS 285C.115(2)(c), an area may be added to an enterprise zone only if it and adjoining residential areas are economically comparable to the original enterprise zone: (1) Economic statistics or data for the original enterprise zone and an area to be added shall be either: (a) From a given data source as most recently available; or (b) From the time of the latest re-/designation of the zone based on the data source used at the time for purposes of ORS 285C.090. (2) As part of the boundary change documentation, general commentary shall suffice for this issue if it is readily apparent that any area added to the zone: (a) Is virtually devoid of and geographically removed from residential areas; or (b) Contains and borders only residential areas with signs of economic blight or a preponderance of markedly low-income households. (3) If circumstances are less plain than in section (2) of this rule, then the documentation shall include a suitable comparison based on one or more economic measures of the original enterprise zone to Census Statistical Units that contain, overlap or appropriately abut areas added to the zone. (4) The comparison in section (3) of this rule must show that such Census Statistical Units in aggregate, based on the most recently available data, have: (a) Less than 25 percent of their land zoned or used for residential development; or (b) Generally the same or a lower household or personal income, or a higher unemployment rate, or otherwise equivalent or more severe economic conditions, compared to the original enterprise zone. Statutory/Other Authority: ORS 285A.075 & 285C.060(1) Statutes/Other Implemented: ORS 285C.060, 285C.115 & 285C.117 History: OBDD 9-2016, f. & cert. ef. 9-16-16 OBDD 15-2015, f. & cert. ef. 11-12-15