justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 285c — Economic Development III

ORS 285c.353. Designation of rural renewable energy development zones; requirements; multiple designations; zone sponsor. (1) A county, a city in a rural area or a combination of contiguous counties may apply to the Director of the Oregon Business Development Department for designation of the entire territory of the applicant that is located in a rural area as a rural renewable energy development zone. (2) An application for designation of a rural renewable energy development zone shall be in such form and shall contain such information as the Oregon Business Development Department prescribes by rule. The application shall include a copy of the resolution of the governing body of the city or each county that constitutes the applicant that states that the city or county seeks rural renewable energy development zone designation. (3) The director shall approve designation of the territory of the applicant as a rural renewable energy development zone, excluding any territory of an applicant that is not within a rural area at the time of designation. (4)(a) The designation of an area as a rural renewable energy development zone authorizes the exemption of up to an amount, determined as prescribed in paragraph (d) of this subsection, in real market value of property described in ORS 285C.359 that meets the requirements for exemption under ORS 285C.362. (b) An applicant may seek subsequent additional designations under this section. An application for additional designation shall be made in the same manner as an application for initial designation, and shall be approved by the director if the application for additional designation meets the qualifications for designation under subsection (3) of this section. (c) Each additional designation approved under this section authorizes the exemption of a new amount, determined as prescribed in paragraph (d) of this subsection, in real market value of property described in ORS 285C.359 that meets the requirements for exemption under ORS 285C.362. (d) Each amount authorized for exemption under this section shall be determined as follows: (A) The amount shall be set forth in the resolution described in subsection (2) of this section. (B) If no amount is specified in the resolution described in subsection (2) of this section, the amount shall be $250 million. (C) The amount may not exceed $250 million for any single designation under this section. (D) The amount applies only to exemptions first claimed for a tax year that begins after January 1 following the date of adoption of the resolution described in subsection (2) of this section. (5) If an application for designation was made by one city or county, that city or county shall serve as sponsor of the rural renewable energy development zone. If the application for designation was made by two or more counties, the application shall identify which county shall serve as the sponsor of the zone.
ORS Chapter 285c — Economic Development III

ORS 285c.356. Application for authorization. (1) Following designation of a rural renewable energy development zone, an eligible business firm seeking an exemption under ORS 285C.362 may apply for authorization under ORS 285C.140. (2) The firm shall include a written description of the locations, extent and expected real market value of the proposed renewable energy development project. (3) The firm shall be authorized if the firm would otherwise be authorized under ORS 285C.140, but the authorization is limited to investments in the renewable energy development project described in the application submitted by the firm.
ORS Chapter 285c — Economic Development III

ORS 285c.359. Qualified property. Property shall qualify for exemption under ORS 285C.362 if the property meets all of the following requirements: (1) The property constitutes all or a part of a facility used to generate renewable energy or is used to support or maintain a renewable energy facility; (2) The property is newly constructed or installed in the rural renewable energy development zone; and (3) The property meets all other requirements for qualification under ORS 285C.180.
ORS Chapter 285c — Economic Development III

ORS 285c.362. Exemption; requirements; duration. (1) Property of an authorized business firm is exempt from ad valorem property taxation if: (a) The property is qualified property under ORS 285C.359; (b) The firm meets the qualifications under ORS 285C.200; and (c) The firm has entered into a first-source hiring agreement under ORS 285C.215. (2) Notwithstanding subsection (1)(b) of this section, property that otherwise qualifies under subsection (1) of this section is exempt from ad valorem property taxation if: (a) At the time the zone sponsor approves the application of the firm for authorization pursuant to ORS 285C.356, the governing body of the zone sponsor adopts a resolution waiving the requirements of ORS 285C.200 (1)(c) and (e) with respect to the application; and (b) The firm completes an investment of $5 million or more in qualified property. (3)(a) Property described in subsection (1) or (2) of this section is exempt from ad valorem property taxation only to the extent the real market value of the property, when added to the real market value of all other property in the rural renewable energy development zone that has received an exemption under this section, is less than the exemption authorization level established for the zone under ORS 285C.353 (4). (b) For purposes of this subsection, real market value shall be determined as of the assessment date for the first year that property is exempt under this section. (4) The exemption allowed under this section applies to the first tax year for which, as of January 1 preceding the tax year, the qualified property is in service. The exemption shall continue for the next two succeeding tax years if the property continues to be owned or leased by the business firm, operated to generate renewable energy or to support or maintain renewable energy facilities, and located in the rural renewable energy development zone. (5)(a) The exemption allowed under this section may continue for up to two additional tax years consecutively following the tax years described in subsection (4) of this section if authorized by a written agreement entered into by the firm and the sponsor under ORS 285C.160. (b) Notwithstanding ORS 285C.160, a contiguous county that applied for a rural renewable energy development zone designation may elect to not participate in a two-year extension of the exemption under this subsection. The election shall be made by resolution of the governing body of the contiguous county on or before execution of the written agreement between the firm and the sponsor under ORS 285C.160.
ORS Chapter 285c — Economic Development III

ORS 285c.365. Application of enterprise zone laws. Except where inconsistent with the provisions of ORS 285C.350 to 285C.370, the provisions of ORS 285C.050 to
ORS Chapter 285c — Economic Development III

ORS 285c.370. (1) Applicant means the city, county or group of counties applying for designation of territory as a rural renewable energy development zone. (2) Renewable energy means electricity that is generated through use of a renewable energy resource, as defined in ORS 469B.130, or a liquid, gaseous or solid fuel for commercial sale or distribution that is one of the following: (a) A biofuel, such as biodiesel or ethanol, as those terms are defined in ORS 646.905, that is derived from an organic source. As used in this paragraph, biofuel includes, but is not limited to, raw biomass harvested for biofuel or suitable by-products, residue from agriculture, forestry or other industries and residue from commercial or municipal waste collection. (b) A fuel additive that has been verified under the United States Environmental Protection Agencys Environmental Technology Verification Program or the California Air Resources Board verification program and is composed of at least 90 percent renewable materials. (3) Rural area means an area in the state that is not within the urban growth boundary of a city with a population of 30,000 or more.
ORS Chapter 285c — Economic Development III

ORS 285c.400. Definitions for ORS 285C.400 to 285C.420. As used in ORS 285C.400 to
ORS Chapter 285c — Economic Development III

ORS 285c.403. Certification of business firm; fulfillment centers ineligible; application; written agreement; period of exemption; appeals. (1)(a) A business firm proposing to apply for the tax exemption provided under ORS 285C.409 shall, before the commencement of construction or installation of property or improvements at a location in a rural enterprise zone and before the hiring of employees, apply for certification with the sponsor of the zone and with the county assessor of the county or counties in which the zone is located. (b) A business firm may not be certified under this section if it is significantly engaged in operating a fulfillment center within the rural enterprise zone from which deliveries are made to retail purchasers within, or in the region surrounding, the rural enterprise zone. (2) An application for certification shall be made on a form prescribed by the Department of Revenue and shall contain the following information: (a) A description of the firms proposed business operations and facility in the rural enterprise zone; (b) A description and estimated cost or value of the property or improvements to be constructed or installed at the facility; (c) An estimate of the number of employees at the facility that will be hired by the firm; (d) A commitment to meet the applicable requirements of ORS 285C.412; (e) A commitment to satisfy all additional conditions agreed to pursuant to the written agreement between the rural enterprise zone sponsor and the business firm under subsection (3)(c) of this section; and (f) Any other information considered necessary by the Department of Revenue. (3) The sponsor and the county assessor shall certify the business firm by approving the application if the sponsor and the county assessor determine that all of the following requirements have been met: (a) The governing body of the county and city in which the facility is located has adopted a resolution approving the property tax exemption for the facility. (b) The business firm has committed to meet the applicable requirements of ORS
ORS Chapter 285c — Economic Development III

ORS 285c.404. Notice to adjacent governments of potential increased infrastructure use. The sponsor of a rural enterprise zone intending to enter into an agreement with a business firm for purposes of ORS 285C.400 to 285C.420 that may increase the use of infrastructure located outside the zone sponsors boundaries shall provide timely notice of the intent to all adjacent local governments within whose boundaries infrastructure may be so affected.
ORS Chapter 285c — Economic Development III

ORS 285c.407. Posting of agreement terms on zone sponsors website; rules. (1)(a) An agreement between a zone sponsor and a business firm seeking exemption within the rural enterprise zone of the sponsor, including, but not limited to, a written agreement entered into under ORS 285C.403, may not become effective before the day that is 21 days following the date on which the zone sponsor makes the terms of the agreement public by posting them on the zone sponsors website. The name and any confidential or proprietary information of the business firm may not be made public under this subsection. (b) The Oregon Business Development Department may adopt rules to implement this subsection. (2) Upon request, the department shall provide technical assistance to a zone sponsor intending to enter into an agreement with a business firm.
ORS Chapter 285c — Economic Development III

ORS 285c.408. Claiming property tax exemption or income tax credit. In order for a taxpayer to claim the property tax exemption under ORS 285C.409 or a corporate excise or income tax credit under ORS 317.124: (1) The written agreement between the business firm and the rural enterprise zone sponsor that is required under ORS 285C.403 (3)(c) must be entered into prior to the termination of the enterprise zone under ORS 285C.245 or 285C.255 (1)(c); and (2)(a) For the purpose of the property tax exemption, the business firm must obtain certification under ORS 285C.403 on or before June 30, 2032; or (b) For the purpose of the corporate excise or income tax credit, the business firm must obtain certification under ORS 285C.403 on or before June 30, 2018. [Formerly
ORS Chapter 285c — Economic Development III

ORS 285c.412. (c) The business firm has entered into a written agreement with the sponsor of the rural enterprise zone that conforms to subsection (4) of this section. (d) When the written agreement required under paragraph (c) of this subsection is executed, the facility is located in: (A) A qualified rural county; or (B) A county with chronically low income or chronic unemployment, based on the most recently revised annual data available. (4)(a)(A) The written agreement required under subsection (3)(c) of this section shall state the number of consecutive tax years for which the facility, following commencement of operations, is to be exempt from property tax under ORS
ORS Chapter 285c — Economic Development III

ORS 285c.415. Notice to county assessor. Upon meeting the applicable requirements of ORS
ORS Chapter 285c — Economic Development III

ORS 285c.420. (1) Business firm has the meaning given that term in ORS 285C.050. (2) Certified business firm means a business firm that has been certified under ORS 285C.403. (3) County with chronically low income or chronic unemployment means, based on the most recently revised annual average unemployment rate or annual per capita income levels available, a county in which: (a) The median ratio of the per capita personal income of the county to the equivalent annual personal income figure of the entire United States for each year, as reported by the Bureau of Economic Analysis of the United States Department of Commerce, is equal to or less than 0.75 over the last 10 years; (b) The median ratio of the unemployment rate of the county to the equivalent rate of the entire United States for each year is at least 1.3 over the last 20 years or over the last 10 years; or (c) The population of the county has experienced a negative net migration, irrespective of natural population change, since the most recent federal decennial census occurring three or more years prior to the current estimated population figure for the county, based on available population statistics. (4) Facility means the land, real property improvements and personal property that are used: (a) At a location in a rural enterprise zone that is identified in the application for certification under ORS 285C.403; and (b) In those business operations of the business firm that are the subject of the application for certification under ORS 285C.403. (5) Qualified rural county means a county: (a) That is outside all metropolitan statistical areas, as defined by the most recent federal decennial census; and (b) In which, on the most recently certified property tax assessment roll, the total property taxes imposed by all taxing districts within the county are equal to or greater than 1.3 percent of the total assessed value of all taxable property located in the county. (6) Rural enterprise zone has the meaning given that term in ORS 285C.050.
ORS Chapter 285c — Economic Development III

ORS 285c.480. [Formerly 285B.836; 2005 c.119 10; renumbered 307.867 in 2005] BUSINESS DEVELOPMENT INCOME TAX EXEMPTION
ORS Chapter 285c — Economic Development III

ORS 285c.495. Short title. ORS 285C.500 to 285C.506 may be cited as the Oregon Investment Advantage Act.
ORS Chapter 285c — Economic Development III

ORS 285c.500. Definitions for ORS 285C.500 to 285C.506. As used in ORS 285C.500 to
ORS Chapter 285c — Economic Development III

ORS 285c.506. Annual certification of facility; application; fee; review; appeal; duration of certification. (1) Following completion of the construction, reconstruction, modification, acquisition, installation or lease of the facility, the hiring of employees to conduct business operations at the facility and the commencement of operations at the facility, a business firm that obtained preliminary certification under ORS 285C.503 may apply for annual certification under this section. (2) The application shall be filed with the Oregon Business Development Department on or before 30 days after the end of the income or corporate excise tax year of the business firm. (3) The application shall contain the following information: (a) A description of the business operations conducted at the facility; (b) The date business operations commenced at the facility; (c) The number of full-time, year-round employees employed by the business firm at the facility; (d) A schedule of the annual compensation paid to the employees; and (e) Any other information required by the department. (4) An application filed under this section must be accompanied by a fee in an amount prescribed by the department by rule. The fee required by the department may not exceed $100. (5) The department shall review a business firms application and approve the application if: (a) The business operations of the firm at the facility commenced at least 24 months before the date of application for annual certification but within 10 years before the end of the tax year preceding the date of application for annual certification; and (b) The business firm has satisfied the employment and minimum compensation requirements described in ORS 285C.503 (5)(c) and (d). (6) In the case of the first application for annual certification filed by a business firm under this section, the department may approve the application only if, in addition to the requirements of subsection (5) of this section: (a) Business operations commenced at the facility within a reasonable period of time, as determined by the department by rule, following the date of preliminary certification under ORS 285C.503; (b) There has not been a significant interruption in construction, reconstruction, modification or installation activity at the location, as determined by the department by rule, following the date of preliminary certification under ORS
ORS Chapter 285c — Economic Development III

ORS 285c.530. [Formerly 285B.486; repealed by 2011 c.83 4]
ORS Chapter 285c — Economic Development III

ORS 285c.533. [Formerly 285B.488; repealed by 2011 c.83 4] RENEWABLE ENERGY RESOURCE EQUIPMENT MANUFACTURING FACILITIES
ORS Chapter 285c — Economic Development III

ORS 285c.540. (e) The applicant or the principal, director, officer, owner, majority shareholder or member of the applicant, or the manager of the applicant if the applicant is a limited liability company, is in arrears for payments owed to any government agency while in any capacity with direct or indirect control over a business.
ORS Chapter 285c — Economic Development III

ORS 285c.543. Rules; criteria for renewable energy resource equipment manufacturing facilities. The Oregon Business Development Department shall by rule establish all of the following criteria: (1) Standards relating to the type of equipment, machinery or other products being manufactured and related performance and efficiency standards applicable to the manufactured products; (2) Standards, consistent with the definitions in ORS 285C.540 and relating to what constitutes a single renewable energy resource equipment manufacturing facility, that include: (a) Standards establishing what constitutes property that is not included within a facility; and (b) The consideration of such factors as phases of development, expansion of or additions to existing facilities or product lines, increased production and number of jobs created or maintained by an applicant; (3) Standards requiring that the minimum levels of increased employment in Oregon for a facility are proportionate to industry standards and to the amount of tax credit allowed; (4) Standards requiring that the compensation paid and benefits provided to employees of an applicant meet or exceed the national average in annual compensation for comparable employment; (5) Standards that can be independently reviewed by a third party: (a) Relating to indicators of financial viability of an applicant for preliminary certification under ORS 285C.547; and (b) Relating to the likelihood of long-term operation and success of a facility; and (6) Standards relating to the likelihood that an applicant seeking preliminary certification of a facility will base decisions to locate or expand a facility in Oregon on the allowance of a tax credit under ORS 315.341.
ORS Chapter 285c — Economic Development III

ORS 285c.545. Annual limit to cost of facility in granting tax credits; discretion of director. (1) For a renewable energy resource equipment manufacturing facility, the total cost that receives a preliminary certification from the Director of the Oregon Business Development Department for tax credits in any calendar year may not exceed: (a) $2.5 million in the case of a facility used to manufacture electric vehicles or component parts of electric vehicles; or (b) $40 million, in the case of any other facility. (2) Notwithstanding subsection (1) of this section, the director may certify a lesser amount than the total cost of the facility, or need not certify any amount, if any of the following conditions exist at the time of preliminary certification: (a) The last quarterly economic and revenue forecast for a biennium indicates that moneys available to the General Fund for the next biennium will be at least three percent less than appropriations from the General Fund for the current biennium; (b) A quarterly economic and revenue forecast projects that revenues in the General Fund in the current biennium will be at least two percent below what revenues were projected to be in the revenue forecast on which the legislatively adopted budget, as defined in ORS 291.002, for the current biennium was based; (c) The proposed facility, in the estimate of the director, does not possess the likelihood of success established in criteria of success under ORS 285C.543 (5); (d) The proposed facility, in the estimate of the director, is not likely to increase employment in Oregon to the minimum levels required in rules adopted under ORS 285C.543 (3); (e) The applicant lacks the minimum level of financial viability established in rules adopted under ORS 285C.543 (5); (f) The applicant is unlikely, in the estimate of the director, to base a decision to relocate or expand a facility in Oregon on allowance of the tax credit, given the criteria established in rules under ORS 285C.543 (6); or (g) During a time period listed in section 15, chapter 474, Oregon Laws 2011, the director receives applications for preliminary certification with a total amount of potential tax credits in excess of the limitation for the time period. (3) The director shall determine the dollar amount certified for any facility and the priority between applications for certification based upon the criteria contained in ORS 285C.540 to 285C.559 and applicable rules and standards adopted under ORS 285C.540 to 285C.559. The director may consider the status of a facility as a research, development or demonstration facility of new renewable resource generating and conservation technologies in the determination.
ORS Chapter 285c — Economic Development III

ORS 285c.547. Application for preliminary certification; eligibility; contents; fees; rules. (1) Prior to erection, construction, installation or acquisition of a proposed renewable energy resource equipment manufacturing facility, any person may apply to the Oregon Business Development Department for preliminary certification under ORS