2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 285C - Economic Development III › Section 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 firm’s 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 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 285C.409.
(B) The agreement may not provide for a period of exemption that is less than seven consecutive tax years or more than 15 consecutive tax years.
(C) If the agreement is silent on the number of tax years for which the facility is to be exempt following placement in service, the exemption shall be for seven consecutive tax years.
(b) The agreement must require a school support fee to be paid in accordance with ORS 285C.405.
(c) The agreement may include any additional requirements that the sponsor may reasonably request, including but not limited to contributions for local services or infrastructure benefiting the facility.
(5) The approval of an application by both the sponsor and the county assessor under subsection (3) of this section shall be prima facie evidence that the business firm will qualify for the property tax exemption under ORS 285C.409.
(6) The sponsor and the county assessor shall provide copies of an approved application to the applicant, the Department of Revenue and the Oregon Business Development Department.
(7) If the sponsor or the county assessor fails or refuses to certify the business firm, the business firm may appeal to the Oregon Tax Court under ORS 305.404 to 305.560. The business firm shall provide copies of the firm’s appeal to the sponsor, the county assessor, the Oregon Business Development Department and the Department of Revenue. [Formerly 285B.783; 2005 c.94 §14; 2017 c.610 §33; 2023 c.298 §49]