ORS Chapter 285c — Economic Development III

ORS 285c.623. Strategic investment zones; designation; community services fee agreement; distribution of fee proceeds. (1) A county seeking to ensure that all eligible projects constructed or installed within a particular geographic area within the county receive the tax exemption under ORS 307.123 may request designation of the geographic area as a strategic investment zone. The request must be made by official action of the governing body of the county taken at a regular or duly called special meeting of the governing body by the affirmative vote of a majority of members of the governing body. The request must set forth the proposed boundaries of the zone. (2) The governing body of the county shall forward appropriate actions requesting zone establishment to the Oregon Business Development Department for consideration by the Oregon Business Development Commission. If the commission determines that the proposed zone is likely to achieve the purpose set forth in ORS 285C.603 and other objectives established for the zone by the requesting county, the department or the commission, the commission shall designate the geographic area a strategic investment zone. (3) Any eligible project described in ORS 285C.606 (3) and newly constructed or installed after the date of zone designation under this section shall qualify for exemption under ORS 307.123 if the business firm benefited by the eligible project complies with the fee agreement described in subsection (4) of this section. (4) The county may not make the request under subsection (1) of this section unless, after a public hearing: (a) The county and, if the proposed zone will be located within a city or port, the city or port have entered into an agreement described in this subsection. (b) The agreement provides for the payment of a fee by each business firm that is to own or operate an eligible project within the proposed zone, as a condition for the exemption under ORS 307.123. The agreement shall provide for the payment of the fee, as follows: (A) The fee shall be for community services support that relates to the direct impact of the eligible project on public services. (B) The fee shall be in an amount equal to 25 percent of the property taxes that would, but for the exemption, be due on the exempt property in each assessment year, but not exceeding $2 million per eligible project in any year or, if the eligible project is located in a rural area, $500,000 per eligible project in any year. (C) The fee shall be paid annually during the tax exemption period by each business firm having an eligible project within the zone, as of a date set forth in the agreement. (c) The agreement provides for the refunding or crediting of overpayments, for interest on late payments or underpayments and for the manner in which the appeal of the assessed value of the property included in the project will affect the fee. (5) The agreement described in subsection (4) of this section may provide for any other requirements that each business firm must comply with in order for the eligible project of the firm to qualify for exemption under ORS 307.123. (6)(a) The fee collected under subsection (4)(b) of this section shall be distributed by the county based on an additional agreement described in this subsection. An agreement described in this subsection is effective only if: (A) The county and the city or port, if any, in which the eligible project is located have entered into the agreement; and (B) Local taxing districts listed in ORS 198.010 or 198.180, other than ports, that constitute at least 75 percent of the property tax authority of all local taxing districts listed in ORS 198.010 or 198.180, other than ports, that are in the code area in which the eligible project is located have entered into the agreement. (b) If an additional agreement is not entered into under paragraph (a) of this subsection within three months after the date of the determination by the commission under ORS 285C.606 (1), the commission shall, by official action, establish a formula for distributing the fee collected under subsection (4)(b) of this section. (7)(a) A county may not enter into an agreement under subsection (4) of this section for designation of a strategic investment zone on or after September 24, 2023. (b) A strategic investment zone designated on the basis of an agreement entered into under subsection (4) of this section before September 24, 2023, may continue to operate in accordance with the terms of this section in effect on the date on which the agreement was entered into.