reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285B - Economic Development II › Section 285B.758 - Oregon Entrepreneurial Development Loan Fund; uses.

(1) There is established in the State Treasury, separate and distinct from the General Fund, the Oregon Entrepreneurial Development Loan Fund. All moneys in the fund are continuously appropriated to the Oregon Business Development Department for the following purposes:
(a) Administrative costs of the department incurred in processing loan applications, investigating the eligibility of loan applicants and servicing outstanding loans;
(b) Paying for loan origination and loan servicing by contractors under ORS 285B.740 to 285B.758; and
(c) Payment of loans to applicants under ORS 285B.740 to 285B.758.
(2) The Oregon Entrepreneurial Development Loan Fund shall consist of:
(a) Moneys appropriated to the fund by the Legislative Assembly;
(b) Interest earned on moneys in the fund; and
(c) Moneys received as repayment of principal and interest on loans made from the fund under ORS 285B.740 to 285B.758. [1991 c.688 §13; 2009 c.830 §134]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285B - Economic Development II › Section 285B.760 - Definitions for ORS 285B.760 to 285B.763.

As used in ORS 285B.760 to 285B.763:
(1) "Culturally responsive services" means services provided by an organization:
(a) Whose founding mission and goals are aligned with the culture of the individuals, families, businesses and communities receiving the services; and
(b) That demonstrates intimate knowledge of the lived experience of the individuals, families, businesses and communities receiving the services.
(2) "Economic equity risk factor" means:
(a) Experience of discrimination because of race or ethnicity;
(b) English language proficiency;
(c) Citizenship status;
(d) Socioeconomic status; or
(e) Residence or operation in a rural location. [2022 c.103 §1]
Note:
285B.760 to 285B.763 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 285B or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285B - Economic Development II › Section 285B.761 - Economic Equity Investment Program; grants; eligible projects; technical assistance.

(1) The Oregon Business Development Department shall develop and implement an Economic Equity Investment Program under which the department shall award grants to organizations that provide culturally responsive services to support economic stability, self-sufficiency, wealth building and economic equity among disadvantaged individuals, families, businesses and communities in this state.
(2)(a) The department shall prescribe the form and manner in which an organization may apply for a grant under the program.
(b) An organization’s application must demonstrate a proven ability to provide services as described in subsection (3) of this section.
(3) Grant moneys shall be awarded to organizations only for proposals to provide outreach, support and resources to individuals, families, businesses or communities whose future is at risk because of any combination of two or more economic equity risk factors in order to improve economic equity as measured by:
(a) Ownership of land, principal residences and other real property;
(b) Entrepreneurship;
(c) Business development;
(d) Workforce development; and
(e) Intergenerational wealth building, such as savings, investments and real property equity.
(4) Upon request, the department shall provide technical assistance to organizations that receive grant moneys under the program and may consult with an organization about the organization’s needs to maintain capacity to carry out the proposal for which the grant moneys were awarded. [2022 c.103 §2]
Note:
See note under 285B.760.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285B - Economic Development II › Section 285B.762 - Biennial evaluations of grantees’ services; report to legislature.

(1)(a) The Oregon Business Development Department shall conduct biennial evaluations of the services provided in the preceding 24-month period by organizations that are funded with grant moneys under the Economic Equity Investment Program developed and implemented under ORS 285B.761.
(b) Each biennial evaluation shall measure the outcomes achieved by such services in light of current research into the measures of economic equity described in ORS 285B.761 (3) and culturally responsive services.
(2) Not later than September 15 of each even-numbered year, the department shall provide a report, in the manner required under ORS 192.245, to the interim committees of the Legislative Assembly related to economic development, that sets forth:
(a) The results of the most recent evaluation conducted under subsection (1) of this section;
(b) The increase in the capacity of the organizations receiving grant moneys to provide the services for which the grants were awarded; and
(c) Any other information the department considers important to enable the committees to assess the success of the program. [2022 c.103 §3]
Note:
See note under 285B.760.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285B - Economic Development II › Section 285B.763 - Economic Equity Investment Fund.

(1) There is established in the State Treasury, separate and distinct from the General Fund, the Economic Equity Investment Fund. Interest earned by the Economic Equity Investment Fund shall be credited to the fund.
(2) All moneys in the fund are continuously appropriated to the Oregon Business Development Department for the purposes of developing and implementing the Economic Equity Investment Program under ORS 285B.760 to 285B.763.
(3) Moneys in the fund shall consist of:
(a) Moneys appropriated to the fund by the Legislative Assembly;
(b) Moneys otherwise transferred to the fund by the Legislative Assembly or the Oregon Business Development Department;
(c) Interest earned upon moneys in the fund; and
(d) Other moneys or property transferred to the fund from any public or private source.
(4) The department may accept for deposit in the fund any grant, donation, gift or bequest of moneys or property from any public or private source. [2022 c.103 §4]
Note:
See note under 285B.760.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285B - Economic Development II › Section 285B.764 - Definitions for ORS 285B.764 to 285B.775.

As used in ORS 285B.764 to 285B.775:
(1) "Eligible business" means one of the following businesses as defined in ORS 200.005 that is operated for profit and has been certified by the Certification Office for Business Inclusion and Diversity under ORS 200.055 at the time an application is referred on behalf of the business to the Oregon Business Development Department under ORS 285B.771:
(a) A disadvantaged business enterprise;
(b) A minority-owned business;
(c) A woman-owned business;
(d) A veteran-owned business; or
(e) An emerging small business.
(2) "Prime rate" means the primary credit rate of the discount window program of the United States Federal Reserve System.
(3) "Technical assistance provider" means a small business development center established under ORS 285B.165 to 285B.171 or a culturally specific business association or chamber that provides one-on-one business counseling services. [2021 c.676 §11; 2023 c.497 §18]
Note:
285B.764 to 285B.775 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 285B or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285B - Economic Development II › Section 285B.768 - Oregon Business Development Department to develop and implement loan program; limits and requirements.

(1) The Oregon Business Development Department shall develop and implement a program to make loans to eligible businesses.
(2) Loans made under the program may be for the following amounts:
(a) For eligible businesses that have operated for less than two years, up to $100,000.
(b) For eligible businesses that have operated for two years or more, up to $250,000.
(3)(a) The term of a loan may not exceed 10 years.
(b)(A) Interest on a loan shall be charged at the prime rate plus two percent.
(B) Notwithstanding subparagraph (A) of this paragraph, the rate of interest may be increased for risk based on the loan-to-value ratio.
(c) Loans shall be subject to business underwriting standards used in secondary markets.
(d) To the extent possible, loans must be secured by business and personal assets.
(e) Loans shall require standard commercial loan documentation, including reasonable provisions related to default that the department may adopt by rule.
(4) An eligible business may use the proceeds of a loan made pursuant to this section for equipment, inventory, fixtures and working capital or other business-related expenses other than capital costs. [2021 c.676 §12]
Note:
See note under 285B.764.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285B - Economic Development II › Section 285B.774 - Disadvantaged and Emerging Small Business Loan Fund.

(1) There is established in the State Treasury, separate and distinct from the General Fund, the Disadvantaged and Emerging Small Business Loan Fund. All moneys in the fund are continuously appropriated to the Oregon Business Development Department for the purposes of:
(a) Paying the actual costs of the department in administering the loan program developed and implemented under ORS 285B.764 to 285B.775; and
(b) Making loans under the loan program developed and implemented under ORS 285B.764 to 285B.775.
(2) The Disadvantaged and Emerging Small Business Loan Fund shall consist of:
(a) Moneys appropriated or otherwise allocated or transferred to the fund by the Legislative Assembly;
(b) Interest earned on moneys in the fund;
(c) Moneys received as repayment of principal and interest on loans made from the fund under ORS 285B.764 to 285B.775; and
(d) Moneys or property of any kind received by the department for deposit in the fund from any source. [2021 c.676 §14]
Note:
See note under 285B.764.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285B - Economic Development II › Section 285B.775 - Annual report by Oregon Business Development Department to legislature.

(1) On or before September 15 of each year, the Oregon Business Development Department shall submit, in the manner provided in ORS 192.245, to the interim legislative committees related to economic development, a report containing the following information about the loan program developed and implemented under ORS 285B.764 to 285B.775:
(a) The number of loans made;
(b) The amounts of the loans made;
(c) Demographic information about the eligible businesses that received loans that is voluntarily given to the department;
(d) The number of referrals from technical assistance providers under ORS 285B.771;
(e) The number of loan applications that were rejected and the reasons for the rejections;
(f) Demographic information about the eligible businesses whose applications were rejected that is voluntarily given to the department; and
(g) Any other information the department considers significant in evaluating the loan program.
(2) The report may include information from periodic reports provided to the department by technical assistance providers under ORS 285B.771 (4)(b). [2021 c.676 §15]
Note:
See note under 285B.764.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285B - Economic Development II › Section 285B.780 - Purpose.

It is the purpose of ORS 285B.780 to 285B.799 that the State of Oregon shall make awards to qualified lending institutions to fund lenders’ loan loss reserve accounts for the purpose of increasing lending to business owners and entrepreneurs who currently lack access to capital to start or grow their businesses. [2021 c.676 §1]
Note:
285B.780 to 285B.799 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 285B or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285B - Economic Development II › Section 285B.784 - Definitions for ORS 285B.780 to 285B.799.

As used in ORS 285B.780 to 285B.799, unless the context requires otherwise:
(1) "Loan loss reserve account" or "account" means an account created by a lender for the deposit of moneys awarded to the lender under ORS 285B.787 out of which the lender may reimburse itself for losses incurred due to defaults on qualified loans.
(2) "Prime rate" means the primary credit rate of the discount window program of the United States Federal Reserve System.
(3) "Qualified business" or "qualified borrower" means a person that:
(a) Operates a business in Oregon; or
(b) Attests to a qualified lender that the person will use proceeds from a qualified loan to establish a business in Oregon.
(4) "Qualified lender" means a lender that:
(a) Is certified as a community development financial institution by the Community Development Financial Institutions Fund at the United States Department of the Treasury;
(b) Is a nonprofit corporation as defined in ORS 307.130;
(c) Is an economic development district in Oregon designated by the Economic Development Administration of the United States Department of Commerce;
(d) Is affiliated with a local government as defined in ORS 174.116; and
(e) Has a physical presence in Oregon and at least five years of lending experience.
(5)(a) "Qualified loan" means a loan made, or an operating line of credit extended, by a lender to a qualified business for which the principal losses are reimbursable from moneys in the lender’s loan loss reserve account.
(b) "Qualified loan" does not mean a loan:
(A) With a variable interest rate.
(B) With an origination fee that exceeds 1.5 percent, and with an annual interest rate that exceeds the lesser of 18 percent or the prime rate plus 7 percent.
(C) For working capital for a term exceeding seven years.
(D) For capital assets for a term exceeding the useful life of the assets.
(E) That includes, in whole or in part, the refinancing of an existing loan made by the lender to the borrower.
(F) That includes, in whole or in part, the refinancing of an existing personal loan not used for business purposes.
(G) For the purchase of real property that is not used for the business operations of the borrower.
(H) For the purchase of owner-occupied residential housing or for the construction, improvement or purchase of residential housing owned or to be owned by the borrower.
(6) "RFP" means a request for proposal. [2021 c.676 §2]
Note:
See note under 285B.780.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285B - Economic Development II › Section 285B.787 - RFP process for awards to lenders; limits; approval criteria.

(1)(a) The Oregon Business Development Department shall, in accordance with this section, make awards to lenders to fund the lenders’ loan loss reserve accounts.
(b) The awards shall be made, through a competitive RFP process administered by the department.
(c) Of the moneys awarded as a result of any RFP process, not more than 10 percent of available funds may be awarded to any single lender.
(2) The department shall evaluate proposals according to the following criteria:
(a) The number and value of loans closed by the lender during the five-year period immediately preceding the date of submission of the lender’s proposal;
(b) The projected loan production over the performance period of the award, including the projected number of loans, the proposed principal amount of qualified loans that the lender would not make but for the moneys awarded, and the jobs to be created and retained by qualified borrowers;
(c) How the award would increase the lender’s capacity to make loans to rural or underserved entrepreneurs;
(d) The past performance of loans made by the lender;
(e) The extent to which the lender:
(A) Provides technical assistance and financial literacy services to underserved borrowers; or
(B) Partners with providers of technical assistance and financial literacy services to underserved borrowers;
(f) How the lender’s proposed outreach, application process, underwriting criteria and loan terms are designed to reduce historic barriers to borrowers’ access to loan capital;
(g) How the lender plans to ensure that the loans originated by the lender under the program are made to borrowers in regionally diverse and rural areas of this state; and
(h) Any other criteria the department considers necessary or useful for evaluating a proposal.
(3)(a) After reviewing proposals submitted in response to an RFP, the department shall reject or accept proposals and determine the amount awarded for each accepted proposal.
(b) As soon as practicable after the awards are finalized, the department shall notify the lenders that submitted proposals of the results and offer the awards to the lenders whose proposals are accepted. [2021 c.676 §3]
Note:
See note under 285B.780.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285B - Economic Development II › Section 285B.791 - Agreements with lenders; terms; waiver and breach of lender obligations upon borrower default; minimum total loan principal amount.

(1) The Oregon Business Development Department shall enter into a written agreement with each lender that accepts an award offered under ORS 285B.787.
(2) A written agreement entered into pursuant to this section must:
(a) Provide for the creation of a loan loss reserve account by the lender for the deposit of moneys awarded under ORS 285B.787 out of which the lender may be reimbursed for principal losses incurred due to defaults on qualified loans;
(b) Provide that, notwithstanding ORS chapter 293 or 295, the lender shall establish and maintain the loan loss reserve account with a financial institution, as defined in ORS 706.008, in accordance with such policies as the department may adopt;
(c) Require the lender to designate, when a loan is made, whether the loan is a qualified loan;
(d) Provide that, upon default on a qualified loan, the lender shall, subject to subsection (3) of this section, liquidate the borrower’s assets and exhaust all lawful remedies for the benefit of the lender before the lender may recover the outstanding principal balance of the loan from the lender’s loan loss reserve account;
(e) Provide that the liability of the State of Oregon and the department under the written agreement is limited to the amount of moneys awarded and credited to the lender’s loan loss reserve account; and
(f) Require the lender to file an annual report in accordance with ORS 285B.794.
(3)(a) Notwithstanding the requirement under subsection (2)(d) of this section to liquidate a borrower’s assets and exhaust all lawful remedies, the department, upon request of a lender, may waive the lender’s obligations under subsection (2)(d) of this section if:
(A) The original principal amount of the loan was not greater than $25,000; and
(B) The borrower had a personal net worth not greater than $75,000 at both the time of application and the time of default.
(b) A lender that does not comply with subsection (2)(d) of this section or paragraph (a) of this subsection shall be considered to have breached the written agreement the lender entered into pursuant to subsection (1) of this section. The department, at its sole discretion, may take assignment of the loan and pursue collection efforts under subsection (2)(d) of this section.
(4) Qualified lenders that accept awards under ORS 285B.787 shall, within 10 years following the date on which the written agreement entered into pursuant to subsection (1) of this section becomes binding, originate qualified loans with a total principal amount equal to at least four times the amount of the moneys awarded. [2021 c.676 §4]
Note:
See note under 285B.780.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285B - Economic Development II › Section 285B.794 - Annual report by lenders.

(1) Not later than July 31 of each year, each lender awarded moneys under ORS 285B.787 shall, during the term of the written agreement entered into under ORS 285B.791, provide a report to the Oregon Business Development Department, on a form prescribed by the department, for the period beginning on July 1 of the immediately preceding year and ending on June 30 of the current year.
(2) With respect to qualified loans made by the lender, the report shall include, but not be limited to, the following information:
(a) The number and total principal amount of all qualified loans made by the lender;
(b) For each qualified loan, the following information:
(A) The term and amortization of the loan; and
(B) The purpose of the loan;
(c) The number of loans that were declined and the primary reasons for declining them; and
(d) Any other information required under rules adopted by the department.
(3) With respect to qualified borrowers, the report shall set forth:
(a) The businesses that qualified borrowers conduct in this state;
(b) The cities and counties in which qualified borrowers use the qualified loan proceeds;
(c) The number of individuals employed by the qualified businesses;
(d) Demographic data voluntarily reported by qualified borrowers, including, but not limited to, whether a qualified business is owned by a woman, a minority individual, a veteran of any branch of the Armed Forces of the United States, the National Guard or other reserve component, a low income person or a person operating the business in a rural area of this state; and
(e) Outreach conducted by the lender to rural and underserved communities.
(4) The department may require any lender to include in the report financial information that is identifiable with, or from, the financial records of a borrower. [2021 c.676 §5]
Note:
See note under 285B.780.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285B - Economic Development II › Section 285B.797 - Release of lender and use of balance in account; repayment of balance.

(1)(a) A lender shall be released from any obligation under a written agreement entered into under ORS 285B.791, and may use for any purpose whatever any balance in the lender’s loan loss reserve account, if the lender has:
(A) Performed under the written agreement entered into with the Oregon Business Development Department for at least 10 years;
(B) Attained during the 10-year period, as required under ORS 285B.791 (3), a ratio of four-to-one of total principal amount of qualified loans made by the lender to the amount of moneys awarded to the lender under ORS 285B.787; and
(C) Complied with the annual reporting requirements under ORS 285B.794.
(b) A release under this section does not absolve a lender of any contractual obligations owed to a qualified borrower under a qualified loan agreement.
(2) A lender shall repay to the department for deposit in the General Fund the balance of moneys awarded to the lender under ORS 285B.787 in the lender’s loan loss reserve account if the department determines that:
(a) The lender has not made a qualified loan for 24 consecutive months;
(b) The lender has become insolvent or has ceased lending operations in Oregon;
(c) The lender has failed to perform in any material way under the written agreement entered into with the department pursuant to ORS 285B.791;
(d) The lender made material misrepresentations in the RFP submitted under ORS 285B.787 or in an annual report required under ORS 285B.794; or
(e) The lender or the lender’s loan loss reserve account portfolio has been sold, transferred or assigned, in whole or part. [2021 c.676 §6]
Note:
See note under 285B.780.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285B - Economic Development II › Section 285B.799 - Biennial report by Oregon Business Development Department to legislature.

On or before September 15 of each even-numbered year, the Oregon Business Development Department shall submit, in the manner required under ORS 192.245, to the interim committees of the Legislative Assembly related to economic development, a report that sets forth the following information:
(1) The number and total dollar amount of RFPs received under ORS 285B.787;
(2) The number of awards and the amount of moneys awarded under ORS 285B.787;
(3) Information described in ORS 285B.787 (2)(b) from the approved proposals;
(4) Aggregated lender and qualified borrower data, including demographic data reported by lenders under ORS 285B.794 (3)(d);
(5) The aggregate performance of qualified loans;
(6) The average interest rate, term and amount of qualified loans;
(7) The cities and counties in which qualified borrowers use the qualified loan proceeds; and
(8) Any other information the department considers necessary or useful to include in the report. [2021 c.676 §7]
Note:
See note under 285B.780.
Note:
Section 9, chapter 676, Oregon Laws 2021, provides:
Sec. 9. Program evaluation by legislature; recommendations.
(1) Not later than September 15, 2029, the interim committees of the Legislative Assembly related to economic development shall evaluate the effectiveness of the lenders’ loan loss reserve account program established under sections 1 to 7 of this 2021 Act [285B.780 to 285B.799] and develop recommendations for legislation, including appropriations.
(2) In making the evaluation under subsection (1) of this section, the interim committees shall:
(a) Consult with the Oregon Business Development Department and with lenders that have entered into written agreements with the department under section 4 of this 2021 Act [285B.791] and made qualified loans and with any other persons the interim committees consider necessary or useful; and
(b) Consider the biennial reports submitted by the department under section 7 of this 2021 Act [285B.799] and any other information the interim committees consider necessary or useful. [2021 c.676 §9]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285C - Economic Development III › Section 285C.055 - Legislative purpose.

The Legislative Assembly finds and declares that the health, safety and welfare of the people of this state are dependent upon the continued encouragement, development, growth and expansion of employment, business, industry and commerce throughout all regions of the state, but especially in those communities at the center of or outside major metropolitan areas for which geography may act as an economic hindrance. The Legislative Assembly further declares that there are areas in the state that need the particular attention of government to help attract private business investment into these areas and to help resident businesses to reinvest and grow and that many local governments wish to have tax incentives and other assistance available to stimulate sound business investments that support and improve the quality of life. Therefore, it is declared to be the purpose of ORS 285C.050 to 285C.250 to stimulate and protect economic success in such areas of the state by providing tax incentives for employment, business, industry and commerce and by providing adequate levels of complementary assistance to community strategies for such interrelated goals as environmental protection, growth management and efficient infrastructure. [Formerly 285B.665]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285C - Economic Development III › Section 285C.060 - Duties of Oregon Business Development Department; rules.

In addition to any other powers granted by law, for the purpose of administering ORS 285C.050 to 285C.250, the Oregon Business Development Department shall:
(1) Adopt any rules the department considers necessary to administer ORS 285C.050 to 285C.250.
(2) Assist a sponsor of an enterprise zone in its efforts to retain, expand, start or recruit eligible business firms.
(3) Assist an eligible business firm doing business within an enterprise zone to obtain the benefits of applicable incentive or inducement programs authorized by Oregon law.
(4) Take action necessary to participate in the federal enterprise zone program pursuant to ORS 285C.085.
(5) Take action necessary to ensure that zones designated by sponsors comply with statutory requirements.
(6) Assist in implementing first-source hiring agreements by publicly funded job training providers with authorized business firms and in ensuring compliance with business firm eligibility requirements and with provisions addressing the avoidance of job losses outside of enterprise zones. [Formerly 285B.668; 2015 c.648 §2]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285C - Economic Development III › Section 285C.065 - Designation of enterprise zone; consent of governing body; positive determination by department required.

(1) Any city, county or port may designate an area within the city, county or port as an enterprise zone. A port shall obtain the consent of the governing body of the county prior to designating an area as an enterprise zone. With the prior consent of the governing body of the city or port, a county may, on behalf of a city or port, designate any area within the city or port as an enterprise zone. With the prior consent of the governing body of a city, a port may, on behalf of a city, designate any area that is wholly or partially shared territory of both the port and city as an enterprise zone. With the prior consent of the governing body of a port, a city may, on behalf of a port, designate any area that is wholly or partially shared territory of both the city and port as an enterprise zone.
(2) One or more cities, counties and ports may designate an area situated partly within each city and partly in unincorporated territory within the counties or ports as an enterprise zone.
(3) Designation of an enterprise zone under this section shall be made by resolution of the governing body of the city, county or port and is not final until a positive determination in favor of the zone has been made by the Oregon Business Development Department under ORS 285C.074. [Formerly 285B.656; 2005 c.704 §4; 2015 c.648 §3]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285C - Economic Development III › Section 285C.066 - Department may adopt certain rules.

The Oregon Business Development Department may adopt rules related to:
(1) The consent required by resolution of the governing body of a city, county or port under ORS 285C.065 (1) in order for a city, county or port to designate an enterprise zone.
(2) The number of enterprise zones that may be designated within a city or other jurisdiction. [2005 c.704 §5; 2015 c.648 §4]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285C - Economic Development III › Section 285C.067 - Consultation with local taxing districts; school support fee rate; rules.

(1) Prior to designating an enterprise zone under ORS 285C.065 or 285C.250:
(a) The governing body of the city, county or port seeking to designate the enterprise zone shall consult with all local taxing districts with territory in the zone.
(b) The governing bodies of the zone sponsor and each school district as defined in ORS 332.002 (2) with territory in the enterprise zone shall set a rate for the school support fee imposed pursuant to ORS 285C.162 (2) and 285C.405 (2) that is at least 15 percent and not more than 30 percent. The rate shall apply to all qualified property and facilities granted exemption under ORS 285C.175 or 285C.409, respectively, located in the enterprise zone.
(2) The Oregon Business Development Department may adopt rules on the consultations required under subsection (1) of this section and procedures related to the consultations. [2005 c.704 §6; 2015 c.648 §5; 2023 c.298 §45]
Note:
Section 55, chapter 298, Oregon Laws 2023, provides:
Sec. 55.
(1) The amendments to ORS 285C.067 (1)(b) by section 45 of this 2023 Act apply:
(a) For enterprise zones designated before the effective date of this 2023 Act [September 24, 2023], to agreements entered into under ORS 285C.160 or 285C.403 on or after the effective date of the school support fee rate set by the zone sponsor and the school district under section 53 of this 2023 Act.
(b) For enterprise zones designated on or after the effective date of this 2023 Act, to agreements entered into under ORS 285C.160 or 285C.403 on or after the effective date of this 2023 Act.
(2) Section 48 of this 2023 Act [285C.162] and the amendments to ORS 285C.160 by section 46 of this 2023 Act apply to agreements entered into under ORS 285C.160 on or after the effective date of this 2023 Act for property tax years beginning on or after July 1, 2024.
(3) Section 51 of this 2023 Act [285C.405] and the amendments to ORS 285C.403 (3) and (4) by section 49 of this 2023 Act apply to written agreements entered into under ORS 285C.403 (3)(c) on or after the effective date of this 2023 Act for property tax years beginning on or after July 1, 2024.
(4) The amendments to ORS 285C.403 (1) and (2) by section 49 of this 2023 Act apply to applications for certification submitted on or after the effective date of this 2023 Act. [2023 c.298 §55]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285C - Economic Development III › Section 285C.068 - Port cosponsorship of zones.

(1) A port located in whole or in part within an existing enterprise zone may be added as a cosponsor of the enterprise zone by resolution of the governing body of the port, subject to the consent of the existing zone sponsor and with notice to the Oregon Business Development Department.
(2) The addition of a port as a cosponsor of an existing enterprise zone under this section does not change the termination date of the enterprise zone under ORS 285C.245. [2005 c.704 §14; 2015 c.648 §6; 2023 c.298 §30]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285C - Economic Development III › Section 285C.070 - Election to permit hotels, motels or destination resorts as eligible business firms; procedures; election revocation.

(1) The governing body of a city or county that is designating an enterprise zone under ORS 285C.065 or 285C.250 may elect to permit a business firm operating a hotel, motel or destination resort to be an eligible business firm with respect to those operations.
(2) The election must be made at the time the zone is designated or any time thereafter and before the expiration of six months following the date the zone is designated.
(3) The election shall be made by a resolution adopted by the city or county governing body. In order for the election to be effective, the resolution must be submitted to the Oregon Business Development Department and acknowledged by the department.
(4)(a) If more than one city or county is to be the sponsor, the resolution making the election may restrict the area in which a hotel, motel or destination resort may be located in order for the firm to be an eligible business firm with respect to those operations.
(b) The resolution making the restriction described in paragraph (a) of this subsection may only restrict the area of the zone in which a hotel, motel or destination resort may be located to that area of the zone that is located:
(A) Within the boundaries of one or more cities in favor of hotel, motel and destination resort exemption, if the county is not in favor of hotel, motel and destination resort exemption;
(B) Within the unincorporated territory of a county in favor of hotel, motel and destination resort exemption, if one or more cities are not in favor of hotel, motel and destination resort exemption; or
(C) Within the shared territory of a city and county in favor of hotel, motel and destination resort exemption and the unincorporated territory of the county, if one or more other cities are not in favor of hotel, motel and destination resort exemption.
(c) If a restriction is made under this subsection, the restriction may be modified at any time within six months of the date the zone is designated, but may not be modified at any time thereafter.
(5) The sponsor may by resolution revoke an election made under this section. If an election is revoked, the sponsor may not make another election under this section. [2003 c.662 §17; 2015 c.648 §7]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285C - Economic Development III › Section 285C.074 - Documentation for zone designation or redesignation to be submitted to department; requirements for positive determination.

(1)(a) No sooner than the 45th day following compliance with ORS 285C.078 (1), a zone sponsor shall submit to the Oregon Business Development Department documentation of the sponsor’s designation of an enterprise zone under ORS 285C.065 or 285C.250.
(b) For purposes of this subsection, the documentation submitted to the department must include:
(A) A map clearly indicating the designated zone boundary;
(B) A 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 department’s determination.
(3)(a) The department’s determination shall be positive and final if the requirements of this section and ORS 285C.065, 285C.067 and 285C.090 are met.
(b) The designation shall take effect on the date on which the latest resolution of the sponsoring or consenting city, county or port was adopted.
(4)(a) If the department’s 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 designation shall take effect on the date on which the latest resolution of the sponsoring or consenting city, county or port was adopted, or the date on which any outstanding requirement for designation is satisfied, as stipulated in the department’s determination. [2015 c.648 §10]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285C - Economic Development III › Section 285C.078 - Notification to department of intent to make designation of enterprise zone or zone or city for electronic commerce; required consultation.

(1) Before submitting documentation, as required under ORS 285C.074 or 285C.102, as applicable, of the designation of an enterprise zone under ORS 285C.065 or 285C.250 or a zone or city for electronic commerce under ORS 285C.095 or 285C.100, respectively, the zone sponsor or the governing body of the city shall formally advise the Oregon Business Development Department of the zone sponsor’s or the city’s intent to make the designation.
(2)(a) As soon as practicable after receipt of a formal advisory required under subsection (1) of this section, the department shall contact the zone sponsor or the governing body of the city to arrange a consultation about the designation.
(b) After the consultation required under this subsection, the zone sponsor or the governing body of the city may submit to the department documentation of the designation, at the time and in the manner required under ORS 285C.074 or 285C.102, as applicable.
(3) A formal advisory submitted pursuant to subsection (1) of this section does not obligate the zone sponsor or the governing body of the city to make the designation. [2015 c.648 §28]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285C - Economic Development III › Section 285C.085 - Federal enterprise zones.

(1) The Oregon Business Development Department shall be the lead agency for state participation in a federal enterprise zone program. The Director of the Oregon Business Development Department may take action necessary for such participation to the extent allowed by state law.
(2) Any area designated as a federal enterprise zone by an agency of the federal government may be designated as a state enterprise zone by the director at the request of a city, county or port within whose jurisdiction some or all of the federal enterprise zone is located, without regard to any limitation contained in ORS 285C.090.
(3) The boundary of an existing state enterprise zone may be amended by the director at the request of the sponsor to include the entire area of a federal enterprise zone without regard to ORS 285C.115 (2). A change in the boundary of an existing state enterprise zone under this subsection does not change the termination date of the enterprise zone under ORS 285C.245.
(4) A request by a city, county or port under subsection (2) or (3) of this section shall be in such form and include such information as required by the department, but the request must:
(a) Include a resolution adopted by the governing body of the city, county or port; and
(b) Provide that all areas within both the federal enterprise zone and the city, county or port are included in a state enterprise zone.
(5) The termination under federal law of a federal enterprise zone does not affect the existence or dimensions of a state enterprise zone, except when, as determined by the director, the termination is for nonperformance or for violations of federal guidelines. [Formerly 285B.677; 2005 c.704 §8; 2023 c.298 §31]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285C - Economic Development III › Section 285C.090 - Requirements for area to be designated zone; exception.

(1) An enterprise zone must be located in a local area in which:
(a) Fifty percent or more of the households have incomes below 80 percent of the median income of this state, as defined by the most recent federal decennial census;
(b) The unemployment rate is at least 2.0 percentage points greater than the comparable unemployment rate for this entire state, as defined by the most recently available data published or officially provided and verified by the United States Government, the Employment Department, the Portland State University Population Research Center or special studies conducted under a contract with a regional academic institution; or
(c) The Oregon Business Development Department determines on a case-by-case basis using evidence provided by the cities, counties or ports designating the enterprise zone that there exists a level of economic hardship at least as severe as that described in paragraph (a) or (b) of this subsection. The evidence must be based on the most recently available data from official sources and may include a contemporary decline of the population in the enterprise zone, the percentage of persons in the enterprise zone below the poverty level relative to the percentage of the entire population of this state below the poverty level or the unemployment rate for the county or counties in which the enterprise zone is located.
(2)(a) An urban enterprise zone may consist of a total area of not more than 12 square miles in size.
(b) A rural enterprise zone may consist of a total area of not more than 15 square miles in size.
(c) For purposes of this subsection, the area of the zone must be calculated by excluding that portion of the zone that lies below the ordinary high water mark of a navigable body of water.
(3) Except as provided in subsection (4) of this section:
(a) An urban enterprise zone must have 12 miles or less, and a rural enterprise zone must have 15 miles or less, as the greatest distance between any two points within the zone; and
(b) Unconnected areas of an enterprise zone may not be more than five miles apart.
(4) Unconnected areas of a rural enterprise zone may not be more than 15 miles apart when an unconnected area is entirely within a sparsely populated county, and the zone:
(a) Must have 20 miles or less as the greatest distance between any two points within the zone, if only a portion of the zone is contained within a sparsely populated county; or
(b) Must have 25 miles or less as the greatest distance between any two points within the zone, if the zone is entirely contained within a sparsely populated county.
(5) This section does not apply to the designation or redesignation of a reservation enterprise zone or a reservation partnership zone. [Formerly 285B.662; 2005 c.94 §4; 2005 c.704 §9; 2007 c.71 §85; 2010 c.76 §19; 2012 c.71 §2; 2015 c.648 §8]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285C - Economic Development III › Section 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. [Formerly 285B.672; 2005 c.667 §1; 2014 c.53 §1; 2015 c.648 §11]