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

ORS 285c.095. Designation for electronic commerce; revocation; positive determination by department required. (1) A sponsor of an existing enterprise zone may designate the zone for electronic commerce under this section by resolution of the governing body of the sponsor. (2) There may be designated at any time no more than 15 zones for electronic commerce. (3) The sponsor may by resolution revoke an electronic commerce designation made under this section. If an election is revoked, the sponsor may not subsequently seek reinstatement of electronic commerce designation. (4) Designation of a zone for electronic commerce under this section is not final until a positive determination has been made in favor of the zone by the Oregon Business Development Department under ORS 285C.102.
ORS Chapter 285c — Economic Development III

ORS 285c.100. Alternative designation of city for electronic commerce; positive determination by department required. (1) Notwithstanding ORS 285C.095, a city shall be designated for electronic commerce if the city: (a) By resolution of the governing body of the city, declares itself a city designated for electronic commerce; (b) As of January 1, 2002, has a population of more than 1,500 but less than 2,000; (c) Is located less than 25 miles from a city with a population of more than 500,000; and (d) Is located less than 10 miles from a city with a high concentration of high technology firms and with a population that, as of January 1, 2002, does not exceed 85,000. (2) Only one city may be designated for electronic commerce under this section, and that designation shall be made without consideration of the numeric limits imposed by ORS 285C.095. (3)(a) A city does not need to sponsor an enterprise zone to be designated for electronic commerce under this section. (b) The governing body of a city designated for electronic commerce under this section does not need to comply with the requirements of ORS 285C.067 or
ORS Chapter 285c — Economic Development III

ORS 285c.102. Documentation for designation of zone or city for electronic commerce to be submitted to department; requirements for positive determination; rules. (1) No sooner than the 31st day following compliance with ORS 285C.078 (1), the sponsor of an enterprise zone or the governing body of a city shall submit to the Oregon Business Development Department documentation of the sponsors or citys designation of the zone or city for electronic commerce under ORS 285C.095 or 285C.100, respectively, with sufficient information for the department to make a determination under this section. (2)(a) As soon as practicable after receipt of the documentation required under subsection (1) of this section, the department shall notify the zone sponsor or governing body of the city of the departments determination. (b) The departments determination shall be positive and final if the designation meets applicable requirements, including, but not limited to, any numeric limitation under ORS 285C.095 or 285C.100. (c) If the departments determination is negative, the notice required under paragraph (a) of this subsection must state the reasons for the negative determination. (d) A zone sponsor or the governing body of a city that receives a negative determination under this subsection may resubmit documentation of the sponsors or citys designation of the zone or city for electronic commerce for a determination under this section. (3)(a) For purposes of complying with the numeric limits of ORS 285C.095 or 285C.100, the department shall make determinations under this section in the order in which documentation submitted under subsection (1) of this section is received. (b) For purposes of this subsection, documentation that is resubmitted after a negative determination shall be considered received on the date of the resubmission. (c) The department shall adopt rules necessary to administer this subsection. [2015 c.648 14] (Management of Enterprise Zone)
ORS Chapter 285c — Economic Development III

ORS 285c.105. Duties of zone sponsor. (1) The sponsor of an enterprise zone shall: (a) Appoint a local zone manager. Upon appointment of the local zone manager, the sponsor shall provide written notice thereof to the Oregon Business Development Department, the county assessor and the Department of Revenue. (b) Provide, and assist all authorized or qualified business firms in using, enhanced local public services, local incentives and local regulatory flexibility that a sponsor has elected, by policy, to provide to any firm seeking authorization in that zone after adoption of the policy. (c) Review and approve or deny applications for authorization under ORS 285C.140. (d) Assist the county assessor in administering the property tax exemption and in performing other duties assigned to the assessor under ORS 285C.050 to
ORS Chapter 285c — Economic Development III

ORS 285c.110. Availability of public property. Subject to the requirements of the Oregon Constitution or any other applicable law, the State of Oregon and municipal corporations that own any real property within an enterprise zone that is zoned for use by eligible businesses and that is not used or designated for some public purpose shall make that real property available for lease or purchase by authorized business firms. Real property shall be leased or sold under this section only upon the condition that the authorized business firm promptly develop the real property for a use that is consistent with the use described in the application for authorization under ORS 285C.140. [Formerly 285B.674]
ORS Chapter 285c — Economic Development III

ORS 285c.115. Change of zone boundaries; positive determination by department required. (1) The sponsor of an enterprise zone may change the boundary of the enterprise zone by resolution of the governing body of the sponsor. (2) The amended enterprise zone shall: (a) Add land zoned for use by eligible business firms that has or will have infrastructure facilities, road access, on-site water, on-site sewage disposal and necessary utility services; (b) Continue to include any authorized business firms within the enterprise zone; (c) Add residential areas or nonresidential areas that are adjacent to residential areas only if the level of economic hardship in the areas to be added is at least as severe as the conditions that existed at the time the original enterprise zone was designated or that currently exist in the original enterprise zone; (d) Retain at least 50 percent of the lands in the original enterprise zone; and (e) Meet the applicable total area and greatest distance requirements set forth in ORS 285C.090. (3) If the enterprise zone is a reservation enterprise zone or a reservation partnership zone and the land to be added to the zone is not described in ORS
ORS Chapter 285c — Economic Development III

ORS 285c.117. Documentation for zone boundary change to be submitted to department; requirements for positive determination. (1)(a) The sponsor of an enterprise zone shall submit to the Oregon Business Development Department documentation of a boundary change under ORS 285C.115. (b) For purposes of this subsection, the documentation submitted to the department must include: (A) A map clearly indicating the changes made to the boundary; (B) A new description and geographic information system data for the area inside the zone; and (C) Any other information required by the department for the purposes of making a determination under this section. (2) As soon as practicable after receipt of the documentation required under subsection (1) of this section, the department shall notify the zone sponsor of the departments determination. (3)(a) The departments determination shall be positive and final if the requirements of this section and ORS 285C.115 are met. (b) The boundary change shall take effect on the date on which the latest resolution of the sponsoring city, county or port was adopted. (4)(a) If the departments determination is negative, the notice required under subsection (2) of this section must state the reasons for the negative determination. (b) The zone sponsor may resubmit documentation for a determination under this section and the sponsor and the department may discuss changes in the documentation necessary for a positive determination under this section. (c) If the sponsor resubmits documentation and the department makes a positive determination, the boundary change shall take effect on the date on which the latest resolution of the sponsoring city, county or port was adopted, or the date on which any outstanding requirement for the boundary change is satisfied, as stipulated in the departments determination.
ORS Chapter 285c — Economic Development III

ORS 285c.120. Zone boundary change restrictions when county ceases to be sparsely populated; waiver of distance limitations. (1) If the population density of a county increases to more than 100 persons per square mile, so that the county is no longer a sparsely populated county, any existing rural enterprise zone located wholly or partly within that county shall continue to exist with that zone boundary until terminated. A boundary change under ORS 285C.115 that is subsequent to the date on which the county ceases to be a sparsely populated county may not add an area to the zone that: (a) Is a separate area farther than five miles from the nearest point on the existing boundary; (b) Increases the distance between the two points in the zone that are the farthest apart; or (c) Creates a new line of distance to the farthermost opposite point in the zone that is longer than the greatest distance between any two existing points in the zone. (2) In designating or changing the boundary of a rural enterprise zone under ORS
ORS Chapter 285c — Economic Development III

ORS 285c.125. Duties of Department of Revenue; rules. For the purposes of ORS 285C.050 to
ORS Chapter 285c — Economic Development III

ORS 285c.130. Duties of county assessor. The assessor of a county within which an enterprise zone is located shall: (1) Assist the sponsor, the local zone manager appointed by the sponsor and business firms in determining whether property will qualify for a property tax exemption under ORS 285C.175. (2) Review and approve or deny applications from eligible business firms for authorization under ORS 285C.140. (3) Process claims for property tax exemptions filed under ORS 285C.220 and exempt the qualified property of authorized business firms from ad valorem property taxation in accordance with ORS 285C.050 to 285C.250. (4) Take action necessary under ORS 285C.240. (5) Submit a written report to the Department of Revenue on or before July 1 of each assessment year. The report for each enterprise zone, or portion of a zone that is located in the county, shall include the following information, organized by business firm: (a) The assessors estimate of the assessed value of qualified property that was exempt under ORS 285C.175 for the previous tax year and the taxes that would have been imposed on the qualified property, as entered on the assessment and tax roll under ORS 285C.175 (7). (b) The annual average number of employees of the firm within the enterprise zone during the previous assessment year, as reported on the exemption claim filed under ORS 285C.220. (c) The annual average compensation for the previous assessment year of new employees hired by the firm within the enterprise zone, if the firm is subject to the annual compensation requirements of ORS 285C.160 (3), as reported on the exemption claim filed under ORS 285C.220. (d) The assessors estimate of the assessed value, for the current tax year, of qualified property that was exempt under ORS 285C.175 for the previous tax year and that is not exempt under ORS 285C.175 for the current tax year. (e) The total investment cost of qualified property first reported on the exemption claim filed under ORS 285C.220 that includes a property schedule submitted by the business firm pursuant to ORS 285C.225 for the current tax year. (f) The current number of employees of the firm, as reported on the exemption claim filed under ORS 285C.220 and described in paragraph (e) of this subsection. (g) Any other information the assessor or the Department of Revenue considers appropriate. (6) Send a copy of a report prepared under subsection (5) of this section to the sponsor of the enterprise zone and to the Oregon Business Development Department. [Formerly 285B.695] (Eligible Business Firms)
ORS Chapter 285c — Economic Development III

ORS 285c.135. Eligible business firms; exclusions. (1) To be an eligible business firm, a business firm must be engaged, or proposing to engage, within the enterprise zone, in the business of providing goods, products or services to businesses or other organizations through activities including, but not limited to, manufacturing, assembly, fabrication, processing, shipping or storage. (2) A business firm is not an eligible business firm if the firm is: (a) Engaged within the enterprise zone in the business of providing goods, products or services to the general public for personal or household use. (b) Significantly engaged in a business activity within the enterprise zone that consists of retail sales or services, child care, housing, retail food service, health care, tourism, entertainment, financial services, professional services, leasing space to others, property management, construction or other similar activities, even if for another business or organization. (c) Significantly engaged in operating a fulfillment center within the enterprise zone from which deliveries are made to retail purchasers within, or in the region surrounding, the enterprise zone. (3) If a business firm described in subsection (2) of this section engages in an activity described in subsection (1) of this section, the business firm is an eligible business firm if the activity is performed at a location that is separate from the activity of the firm that is described in subsection (2) of this section. Property at the location at which the firm conducts an activity described in subsection (2) of this section may not be exempt under ORS
ORS Chapter 285c — Economic Development III

ORS 285c.140. Application for authorization; contents; filing fee; conference; approval; appeal; late filing. (1)(a) Any eligible business firm seeking to have property exempt from property taxation under ORS 285C.175 shall, before the commencement of direct site preparation activities or the construction, addition, modification or installation of qualified property in an enterprise zone, and before the hiring of eligible employees, apply for authorization under this section. (b) The application shall be made on a form prescribed by the Department of Revenue and the Oregon Business Development Department. (c) The application shall be filed with the sponsor of the zone. A sponsor may require that the application filed with the sponsor be accompanied by a filing fee. If required, the filing fee may not exceed the greater of $200 or one-tenth of one percent of the value of the investment in qualified property that is proposed in the application for authorization. The filing fee may be required for the filing of applications only after the sponsor adopts a policy, consistent with Oregon Business Development Department rules, authorizing the imposition of the filing fee. (2) The application shall contain the following information: (a) A description of the nature of the firms current and proposed business operations inside the boundary of the enterprise zone; (b) A description and estimated value of the qualified property to be constructed, added, modified or installed inside the boundary of the enterprise zone; (c) The number of employees of the firm that the firm employs within the enterprise zone, averaged over the previous 12 months, and an estimate of the number of employees that the firm will hire; (d) A commitment to meet all requirements of ORS 285C.200 and 285C.215, and to verify compliance with these requirements; (e) A commitment to satisfy all additional conditions for authorization that are imposed by the enterprise zone sponsor under ORS 285C.150, 285C.155 or 285C.205 or pursuant to an agreement entered into under ORS 285C.160, and to verify compliance with these additional conditions; (f) A commitment to renew the application, consistent with ORS 285C.165, every two years while the zone exists if the firm has not filed a claim under ORS
ORS Chapter 285c — Economic Development III

ORS 285c.142. Notice to adjacent governments of potential increased infrastructure use. The sponsor of an enterprise zone intending to enter into an agreement with a business firm for purposes of ORS 285C.050 to 285C.250 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.145. Leasing existing property to authorized firm; failure to timely file for authorization; certain records exempt from disclosure. (1) The Legislative Assembly finds that the standard procedure for authorization in an enterprise zone inappropriately deters development or redevelopment of qualified buildings on speculation for subsequent sale or lease to eligible business firms. (2) Notwithstanding ORS 285C.140 (1), a new building or structure or an addition to or modification of an existing building or structure may qualify for the exemption allowed under ORS 285C.175 if the qualified property is leased or sold by an unrelated party to one or more authorized business firms after commencement of the construction, addition or modification but prior to use or occupancy of the qualified property. (3) A business firm may not be considered authorized and is not qualified for the exemption allowed under ORS 285C.175 if the county assessor discovers prior to initially granting the exemption that the application for authorization was not submitted by the business firm in a timely manner in accordance with ORS
ORS Chapter 285c — Economic Development III

ORS 285c.150. Conditions required by sponsor for authorization; reports. (1) The sponsor of an urban enterprise zone may require an eligible business firm seeking authorization under ORS 285C.140 to satisfy other conditions in order for the firm to be authorized. (2) The conditions that a sponsor may impose under this section must be reasonably related to the public purpose of providing opportunities for groups of persons, as defined by the sponsor, to obtain employment, including but not limited to providing training to these groups of persons. (3) The sponsor may establish procedures for monitoring and verifying compliance with conditions imposed on the firm under this section and require the firm to agree to the procedures as a condition to authorizing the firm. (4) Conditions established under this section may be imposed on a firm only if the sponsor has adopted a policy that establishes standards for the imposition of the conditions. (5) Conditions imposed by a sponsor under this section shall be in addition to, and not in lieu of, conditions and requirements imposed under ORS 285C.050 to
ORS Chapter 285c — Economic Development III

ORS 285c.155. (a) The increase must be in business operations of the firm that are using qualified property receiving the exemption; (b) Productivity is measured by dividing physical units or quantity of output by the number of labor hours engaged in the operations that produced the physical units or quantity of output; and (c) The base level of productivity shall be established over a minimum 12-month period preceding the date on which the qualified property is placed in service. (2) The firm maintains or exceeds the 10 percent increase in productivity under subsection (1) of this section as an annual average rate for each subsequent assessment year during the remainder of the exemption period. (3) On or before April 1 of each of the first three assessment years for which an exemption is claimed, the firm deposits into an account established by the sponsor an amount equal to 25 percent of the estimated tax savings arising from the exemption for that year. The sponsor may adopt additional specifications or requirements applicable to this subsection in the resolution the sponsor adopts under ORS 285C.155. Consistent with this subsection and any additional specifications or requirements adopted by the sponsor: (a) For up to 30 months following the relevant April 1 date for which a deposit is made, the firm may draw from the account amounts equal to any expense incurred for training or retraining employees to promote or facilitate productivity increases under this section, except that the total amount withdrawn from the account for that deposit may not exceed $3,500 per trained employee; (b) Any amount attributable to the deposit that remains in the account after the 30-month period in which firm withdrawals may be made under paragraph (a) of this subsection shall be transferred to a special fund for use by local publicly funded job training providers; and (c) No more than 18 months after the deposit, the estimated tax savings on which the deposit was based shall be reconciled with the actual tax savings arising from the exemption. The reconciliation shall be accomplished by the firm immediately making a further deposit into the account to cover any shortfall or by being reimbursed from the account for any surplus. A deposit or reimbursement made pursuant to this paragraph does not affect withdrawals or transfers that occur as a result of paragraph (a) or (b) of this subsection.
ORS Chapter 285c — Economic Development III

ORS 285c.160. Agreement between firm and sponsor for additional period of exemption; requirements. (1) An eligible business firm seeking authorization under ORS 285C.140 and the sponsor of the enterprise zone in which the firm intends to invest may enter into a written agreement to extend the period during which the qualified property is exempt from taxation under ORS 285C.175 if the firm complies with the terms of the agreement. (2) The period for which the qualified property is to continue to be exempt must be set forth in the agreement and may not exceed two additional tax years for which a school support fee must be paid in accordance with ORS 285C.162. (3) In order for an agreement under this section to extend the period of exemption, the agreement must be executed on or before the date on which the firm is authorized, and: (a) If the enterprise zone is a rural enterprise zone or an urban enterprise zone located inside a metropolitan statistical area of fewer than 400,000 residents, the agreement must require that the firm: (A)(i) Annually compensate all new employees hired by the firm at an average rate of at least 150 percent of the county average annual wage for each assessment year during the tax exemption period, as determined at the time of authorization; or (ii) If the enterprise zone is located in a qualified rural county, annually compensate all new employees hired by the firm at an average rate of at least 130 percent of the county average annual wage for each assessment year during the tax exemption period, as determined at the time of authorization; and (B) Meet any additional requirement that the sponsor may reasonably request. (b) Notwithstanding paragraph (a)(A) of this subsection, the average wage received by the newly hired employees must equal or exceed 100 percent of the average wage in the county. (c) If the enterprise zone is an urban enterprise zone located inside a metropolitan statistical area of 400,000 residents or more, the agreement must require that the firm meet any additional requirement the sponsor may reasonably require. (4) If a firm enters into an agreement under this section that includes a compensation requirement under subsection (3)(a)(A) of this section and the firm subsequently submits one or more statements of continued intent under ORS