reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 630 - OREGON LOW INCOME COMMUNITY JOBS INITIATIVE › Section 123-630-0050 - Application and Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant
			 seeking to have an equity investment or long-term debt security certified as a
			 qualified equity investment and eligible for a tax credit under ORS
			 285C.650 and OAR
			 123-630-0080 must submit an
			 application to the department on a form that the department provides. A
			 complete application must include all of the following:
(a) The entity's name, address, tax
			 identification number and evidence of certification as a qualified community
			 development entity.
(b) A copy of
			 an allocation agreement executed by the entity, or its controlling entity, and
			 the Community Development Financial Institutions Fund that includes the State
			 of Oregon in its service area.
(c)
			 A certificate executed by an executive officer of the entity attesting that the
			 allocation agreement remains in effect and has not been revoked or canceled by
			 the Community Development Financial Institutions Fund.
(d) A description of the proposed purchase
			 price, structure and purchaser of the equity investment or long-term debt
			 security.
(e) The name and tax
			 identification number of any person eligible to claim a tax credit, under ORS
			 285C.650-285C.656, and ORS
			 315.526-315.536, allowed as a result of
			 the certification of the qualified equity investment.
(f) Information regarding the proposed use of
			 proceeds from the issuance of the qualified equity investment on a form
			 provided by the department. If the information described in the previous
			 sentence is not submitted with the application, the applicant shall, at least
			 20 days prior to the date of the applicant proposes to make a qualified
			 low-income community investment, submit to the department for review and
			 approval of the qualified low-income community investment, an updated qualified
			 low-income community investment certification on a form provided by the
			 department. The information will include but is not limited to the following
			 for each proposed qualified low-income community investment:
(A) Location;
(B) Sources and uses of funds;
(C) Impacts to communities;
(D) Revenues;
(E) Number of jobs created and/or retained;
			 and
(F) Economic impacts
(G) Name and contact information
			 for: the investor making the qualified equity investment(s), the investor
			 making the qualified low-income community investment(s), and all qualified
			 active low-income community business receiving the qualified low-income
			 community investment(s).
(g) A nonrefundable application fee of
			 $20,000. This fee shall be paid to the department and shall be required for
			 each application submitted.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 630 - OREGON LOW INCOME COMMUNITY JOBS INITIATIVE › Section 123-630-0060 - Preference

Current through Register Vol. 63, No. 7, July 1, 2024
The department may give preference to applications for projects
				in traded sectors as identified by the Commission in the Strategic Plan and
				that demonstrates overall community benefit and have one or more of the
				following characteristics:
(1)
			 Produce goods that directly reduce emissions of greenhouse gases or are
			 designed as environmentally sensitive replacements for products in current use;
(2) Have a primary purpose of
			 improving the environment or reducing emissions of greenhouse gases;
(3) Are operated by businesses with 100 or
			 fewer employees;
(4) Are located
			 in rural or distressed areas of the state;
(5) Employ displaced workers in the area;
(6) Assist in the economic
			 diversification of the area;
(7)
			 Contain a significant amount of owner equity capital. At least ten percent of
			 the project costs for established companies and 30 percent of project costs for
			 start-ups should come from equity or subordinated loans from the owners;
(8) Encourage the flow of capital
			 from outside the local area; or
(9) Do not cause adverse competitive
			 disadvantages to existing businesses.
Stat. Auth.: ORS
				  285C.650,
				  315.526 -
				  315.536
Stats. Implemented: ORS
				  285C.650 &
				  315.526 -
				  315.536
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 630 - OREGON LOW INCOME COMMUNITY JOBS INITIATIVE › Section 123-630-0070 - Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 qualified community development entity will submit a report by the first
			 anniversary of the initial credit allowance date that provides proof that
			 substantially all of the cash purchase price of its qualified equity investment
			 was used to make qualified low-income community investments in qualified active
			 low-income community businesses located in this state.
(2) Thereafter, the qualified community
			 development entity will submit an annual report within 45 days of the beginning
			 of the state's fiscal year during the compliance period on a form provided by
			 the department. No annual report shall be due prior to the first anniversary of
			 the initial credit allowance date. The form shall be remitted to the department
			 both in electronic and hard copy formats. The information provided in an annual
			 report will be submitted by the department to the Oregon Department of
			 Administrative Services no later than September 30 following submission of the
			 report and will be posted on the Oregon transparency website no later than
			 December 31 of the same year. The report will include but is not limited to the
			 following:
(a) Number of employment positions
			 created and retained as a result of qualified low-income community investments;
(b) Annual salary of each position
			 described in subparagraph (a) of this paragraph; and
(c) Number of positions described in
			 subparagraph (a) of this paragraph that provide health benefits as described in
			 ORS 743.730.
(d) Proof that substantially all of the cash
			 purchase price of the qualified equity investment continues to be used to make
			 qualified low-income community investments in qualified active low-income
			 community businesses located in this state.
(e) The costs and expenses of making the
			 qualified low-income community investment, including but not limited to fees
			 paid for professional services, including legal and accounting services,
			 related to the formation of operating entities; and
(f) Information with respect to the qualified
			 equity investments made for the purpose of making qualified low-income
			 community investments in Oregon that would be reported as part of the
			 institution level report and transaction level reports submitted by qualified
			 community development entities pursuant to section
			 45D of the Internal Revenue Code.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 630 - OREGON LOW INCOME COMMUNITY JOBS INITIATIVE › Section 123-630-0080 - Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 15 days
			 after having received a complete application, the department will grant or deny
			 the application in full or in part and notify the applicant of the decision.
(2) If the application is deemed
			 complete, the department will certify the proposed equity investment or
			 long-term debt security as a qualified equity investment and eligible for a tax
			 credit under ORS 285C.650 and this rule, and
			 subject to the limitations stated in applicable statues and these rules. The
			 department shall provide written notice of the certification to the qualified
			 community development entity. The notice shall include the names of those
			 taxpayers who are eligible to utilize the credits and their respective credit
			 amounts. If the names of the persons or entities that are eligible to utilize
			 the credits change due to a transfer of a qualified equity investment or a
			 change in an allocation pursuant to OAR
			 123-630-0020(2),
			 the qualified community development entity shall notify the department of the
			 change.
(3)
(a) Except as otherwise provided in paragraph
			 (b) below, within 60 days after receiving notice of certification, the
			 qualified community development entity shall issue the qualified equity
			 investment and receive cash in the amount of the certified purchase price. The
			 qualified community development entity must provide the department with
			 evidence of the receipt of the cash investment within 10 business days after
			 receipt. If the qualified community development entity does not receive the
			 cash investment and issue the qualified equity investment on or before the 60th
			 day following receipt of the certification notice, the certification shall
			 lapse and the entity may not issue the qualified equity investment without
			 reapplying to the department for certification. A certification that lapses
			 reverts to the department and may be reissued only in accordance with the
			 application process outlined in this section.
(b) For a qualified equity investment
			 described in ORS 285C.653(2), a
			 qualified community development entity shall issue the qualified equity
			 investment during the period beginning July 1, 2012, and ending 60 days after
			 receiving notice of certification, If the qualified equity investment is issued
			 prior to the submission of an application for certification under the
			 applicable statutes and rules, the qualified community development entity must
			 provide the department with evidence of the qualified equity investment and of
			 receipt of the cash investment at the time of application for certification.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 630 - OREGON LOW INCOME COMMUNITY JOBS INITIATIVE › Section 123-630-0090 - Limitations for Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Once the department has certified a cumulative amount of qualified equity
			 investments that can result in the utilization of $16 million of tax credits in
			 any tax year, the department may not certify any more qualified equity
			 investments under ORS
			 285C.650 and OAR
			 123-630-0080. This limitation
			 shall be based on the scheduled utilization of tax credits without regard to
			 the potential for taxpayers to carry forward tax credits to later tax years.
(2) The department will reserve
			 $30 million of qualified equity investment authority for qualified low-income
			 community investments in qualified active low-income community businesses that:
(a) Have a primary purpose of improving the
			 environment or reducing emissions of greenhouse gases; or
(b) Produce goods that directly reduce
			 emissions of greenhouse gases or are designed as environmentally sensitive
			 replacements for products in current use.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 630 - OREGON LOW INCOME COMMUNITY JOBS INITIATIVE › Section 123-630-0100 - Recapture of Tax Credit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department of Revenue may recapture any portion of a tax credit per ORS
			 285C.656 and ORS
			 315.533.
(2) The Department of Revenue may recapture
			 any portion of a tax credit if the qualified community development entity
			 applies for and receives qualified equity investment authority under ORS
			 285C.653(2) and
			 OAR 123-630-0090(2)
			 and fails to invest at least 85 percent of the cash purchase price of the QEI
			 in qualified active low-income community businesses that satisfy the
			 requirements of ORS 285C.653(2) and
			 OAR 123-630-0090(2)
			 within 12 months of the issuance of the qualified equity investment and
			 maintain such level of investment in qualified active low-income community
			 businesses satisfying such requirements until the last credit allowance date
			 for such qualified equity investment.
Stat. Auth.: ORS
				  285C.656 &
				  315.526 -
				  315.536
Stats. Implemented: ORS
				  285C.656 &
				  315.526 -
				  315.536
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 630 - OREGON LOW INCOME COMMUNITY JOBS INITIATIVE › Section 123-630-0110 - Confidential Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon written
			 request and within a reasonable time, the Director or his designee shall
			 provide program records, for inspection in accordance with ORS Chapter 192.
(2) The person requesting records
			 will be charged for preparing and mailing such records. Costs may include but
			 not be limited to costs incurred in locating records, separating exempt and
			 nonexempt records, having a custodian present during the inspection, preparing
			 lists of data, making photocopies and telefaxing materials. Fees to be
			 collected shall be set forth in the Department's schedule of fees and may be
			 amended from time to time as the Department may determine.
(3) Except as otherwise provided in ORS
			 192.410-192.595, records exempt from
			 disclosure include but are not limited to:
(a) Reports and analyses of reports which
			 bear on the Applicant's character, finances, management ability and
			 reliability, and which were obtained in confidence from persons or firms not
			 required by law to submit them and the Department has obliged itself in good
			 faith not to disclose the information;
(b) Financial statements, tax returns,
			 business records, employment history and other personal data submitted by or
			 for Applicants, or analysis of such data;
(c) Intra-departmental advisory memoranda
			 preliminary to a decision;
(d)
			 Formulas, plans, designs and related information that constitute trade secrets
			 under ORS 192;
(e) Personal
			 financial statement;
(f) Financial
			 statements of Applicants;
(g)
			 Customer lists;
(h) Information of
			 an Applicant pertaining to litigation to which the Applicant is a party if the
			 complaint has been filed, or if the complaint has not been filed, if the
			 Applicant shows that such litigation is reasonably likely to occur. This
			 exemption does not apply to conclude litigation and nothing in this section
			 shall limit any right or opportunity granted by law to a party involved in
			 litigation;
(i) Production, sales
			 or cost data; and
(j) Marketing
			 strategy information that relates to an Applicant's plan to address specific
			 markets and Applicant's strategy regarding specific competitors.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 635 - OREGON INVESTMENT ADVANTAGE › Section 123-635-0000 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
This division of administrative rules:
(1) Specifies procedures and criteria for
			 certification under the
Oregon Investment Advantage Act
to exempt
			 the business income of qualified facilities from State income or corporate
			 excise taxation under ORS
			 316.778 or
			 317.391, in order to spur
			 investments in new Oregon operations with new full-time employees (earning
			 certain average wages and minimum compensation levels) at qualifying facilities
			 in counties exhibiting the worst per capita incomes and unemployment rates
			 statewide.
(2) Does not control or
			 bind the Department of Revenue and is superseded by OAR chapter 150 in matters
			 related to tax administration.
Statutory/Other Authority: ORS
				  285A.075
Statutes/Other Implemented: ORS
				  285C.495,
				  285C.500 -
				  285C.506,
				  316.778 &
				  317.391
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 635 - OREGON INVESTMENT ADVANTAGE › Section 123-635-0100 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this division of administrative rules, in addition
				to definitions in OAR 123-001 (Procedural Rules), unless the context demands
				otherwise:
(1) "Business firm" means a
			 person operating or conducting one or more trades or businesses for profit, and
			 does not include any governmental agency, municipal corporation or nonprofit
			 corporation, other than a people's utility district or a joint operating agency
			 under ORS 262.005.
(2)
Compensation
means total annual remuneration
			 (whether taxable or not) in the form of wages, salary, overtime pay, shift
			 differential, profit-sharing, bonuses, commissions, paid vacation, and
			 associated fringe or financial benefits such as life insurance, medical
			 coverage and retirement plans that are paid or provided by the business firm
			 seeking certification of a Facility during the firm's tax year, but excluding:
(a) Free meals, club membership or comparable
			 workplace amenities;
(b)
			 Payroll-based tax or cost mandated by federal, state or local law, such as
			 worker's compensation, unemployment insurance or the employer's share under
			 FICA; and
(c) Gratuities or tips,
			 other than what is anyways part of taxable income for purposes of employee
			 withholding.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 635 - OREGON INVESTMENT ADVANTAGE › Section 123-635-0150 - Qualified Locations

Current through Register Vol. 63, No. 7, July 1, 2024
A proposed Facility must be inside a county as determined
				according to section (1) of this rule, and located at a site satisfying the
				requirements of section (2) of this rule, at the time when the Department
				receives the application for preliminary certification:
(1) With respect to county eligibility:
(a) With on-line availability of
			 (non-preliminary) annual statistics or data described in this rule, the
			 Department shall analyze the most current and prior two years' revised data,
			 ascertain which counties in the state satisfy ORS
			 285C.500(5)(b),
			 prepare associated information, and post it on the Department web site for use
			 by the public, business firms and local economic development
			 professionals.
(b) The
			 determination described in subsection (a) of this section shall first take
			 effect at least once a year on January 1 or July 1 following on-line
			 availability of the latest annual data. As the Department deems appropriate in
			 response to the release of new annual data or revisions to that data, the
			 Department may reissue or modify the determination, update associated
			 information and set the effective date for changes in county status, as
			 warranted.
(c) A correct, prior
			 determination in accordance with this section is not subject to retroactive
			 change due to subsequent revisions to data for the same or future
			 years.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 635 - OREGON INVESTMENT ADVANTAGE › Section 123-635-0175 - Unique Operations

Current through Register Vol. 63, No. 7, July 1, 2024
Under ORS
				285C.503(5)(e),
				a business firm's operations that comprise a Facility proposed for preliminary
				certification must be new business operations respective to the site of the
				Facility and to any other location in this state where the firm also operates,
				such that:
(1) In the case of the
			 business firm itself, the business operations at the Facility must be
			 categorically different from any operations in which that same firm has
			 recently engaged. (As an example, a business firm may receive certification for
			 a Facility that will manufacture or distribute certain products here for the
			 first time, even if the firm already maintained operations in this state for
			 selling its products)
(2) In the
			 case where the business firm has 100-percent common equity interest or is under
			 common control (by way of corporate, familial or similar affiliations) with one
			 or more other business firms operating in this state, the business operations
			 at the Facility must be significantly dissimilar from the operations in which
			 any other such firm has recently engaged. (As an example, a corporate
			 subsidiary is certifiable for a new, first-in-Oregon facility fabricating a
			 laminated wood product, even if another wholly owned subsidiary of the same
			 parent company already makes a similar product in this state, but the new
			 operations utilize an advanced generation of technology with which the product
			 has higher performance standards or weight-bearing specifications)
(3) Irrespective of section (1) or (2) of
			 this rule, the acquisition of a preexisting Facility does not qualify as new
			 business operations, unless both of the following are satisfied:
(a) The business firm invests appreciably in
			 real property or extensively in terms of installing personal property at the
			 Facility after applying for preliminary certification; and
(b) The operations that the firm will
			 undertake pursuant to the new investment are significantly dissimilar from
			 operations recently performed at the Facility.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 635 - OREGON INVESTMENT ADVANTAGE › Section 123-635-0200 - Preliminary Certification Application

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of ultimately seeking the exemption under ORS
				316.778 or
				317.391:
(1) A business firm must complete an
			 application for preliminary certification and send it to the Department, as
			 follows:
(a) Using the form prescribed by the
			 Department; and
(b) Before the
			 following:
(A) Commencement of construction,
			 installation or similar activities with respect to any new property or
			 improvements, which excludes site work or preparation other than appreciable
			 improvements to the land, that constitute any part of the proposed Facility;
			 and
(B) Hiring of any employee, who
			 will constitute the five or more required employees at that location.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 635 - OREGON INVESTMENT ADVANTAGE › Section 123-635-0250 - Determination of Preliminary Certification

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to a filing of a preliminary certification application
				as described in OAR 123-635-0200:
(1) The Department shall:
(a) Review the application for completeness;
			 and
(b) Determine whether the
			 business firm and the applicant's proposed Facility:
(A) Is at a Qualified Location;
(B) Represents Unique Operations; and
(C) May be reasonably expected to
			 satisfy the employment and other applicable requirements under ORS
			 285C.503(5).
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 635 - OREGON INVESTMENT ADVANTAGE › Section 123-635-0270 - Local Objection and Relevant Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Respective to a proposed Facility:
(1) For purposes of section (2) of this rule,
			 a Municipal Corporation may object to preliminary certification through a
			 formal submission to the Department, but the Department must receive the
			 objection, a copy of an adopted resolution, and any requisite information,
			 within 60 days from the date the Department sent a copy of the application for
			 preliminary certification to the governing body of the Municipal Corporation in
			 OAR 123-635-0250(2)(b).
			 Otherwise, the Municipal Corporation is deemed to agree to preliminary
			 certification.
(2) In order for
			 the objection to be automatic and not subject to appeal in a contested case,
			 the objection must take the form of a resolution:
(a) Adopted by the governing body during the
			 60-day period, in accordance with applicable local laws, government charter and
			 practices; and
(b) Containing a
			 statement of the reason(s) for objection under ORS
			 285C.503(4)(b)
			 and accompanied by information, as described in subsection (5)(b) or section
			 (6) of this rule.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 635 - OREGON INVESTMENT ADVANTAGE › Section 123-635-0300 - Annual Certification

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of certification of a Facility pursuant to each
				income or corporate excise tax year of the business firm under ORS
				285C.506:
(1) A preliminarily certified business firm
			 that owns or leases and operates the Facility must file the application for
			 annual certification with the Department:
(a)
			 On or before the 30th day after the end of the tax year, for which it is
			 seeking to claim or exercise the exemption under ORS
			 316.778 or
			 317.391.
(b) Using the form prescribed by and
			 available from the Department: Incentives, Business Oregon, State Lands
			 Building Suite 200, 775 Summer Street NE, Salem OR 97301-1280, see
www.oregon.gov/biz
.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 635 - OREGON INVESTMENT ADVANTAGE › Section 123-635-0350 - Issues of Initial and Subsequent Annual Certifications

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of annual certification as described in OAR
				123-635-0300:
(1) The preliminarily certified business firm
			 needs to have:
(a) Fully acquired Facility
			 property and completed it in terms of construction, reconstruction,
			 modification and installation of proposed improvements for purposes of
			 subsection (c) of this section;
(b)
			 Hired relevant employees; and
(c)
			 Actually commenced new business operations at the Facility.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 635 - OREGON INVESTMENT ADVANTAGE › Section 123-635-0400 - Application Fees, Waivers

Current through Register Vol. 63, No. 7, July 1, 2024
With respect to application fees as described in this division
				of administrative rules:
(1) The
			 Department may excuse the fee or reduce the required amount:
(a) If a business firm's Facility readily
			 qualifies for certification, but as determined based on Department experience
			 and expertise relative to general business activity in the county, region or
			 statewide, it:
(A) Is very small in
			 size;
(B) Has minimal employment;
			 or
(C) Will likely have modest
			 revenue prospects and little likelihood of effectively realizing much benefit
			 from the exemption on taxable income; or
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 650 - ENTERPRISE ZONE CREATION AND AMENDMENT › Section 123-650-0001 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 division of administrative rules governs the existence, modification and
			 termination of regular enterprise zone areas under ORS
			 285C.050 to
			 285C.250 (
Oregon
			 Enterprise Zone Act
) that are:
(a)
			 Sponsored by city, port and county governments; and
(b) Designated initially subject to a measure
			 of economic hardship.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 650 - ENTERPRISE ZONE CREATION AND AMENDMENT › Section 123-650-0066 - Enterprise Zone Existence

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On and after
			 October 5, 2015, there is no statewide numerical limit on enterprise zone
			 designations or re-designations under ORS
			 285C.065 and
			 285C.250.
(2) In addition, there are allowed:
(a) Designations based on a federal
			 enterprise zone directly under ORS
			 285C.085; and
(b) Reservation enterprise zones and
			 reservation partnership zones, under ORS
			 285C.306.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 650 - ENTERPRISE ZONE CREATION AND AMENDMENT › Section 123-650-0075 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  285A.075 &
				  285C.060(1)
Stats. Implemented: ORS
				  285C.050,
				  285C.065,
				  285C.080,
				  285C.115,
				  285C.250,
				  285C.306 &
				  285C.320
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 650 - ENTERPRISE ZONE CREATION AND AMENDMENT › Section 123-650-0100 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 285C.050 and OAR 123-001
				(Procedural Rules) contain definitions used in this division of administrative
				rules. In addition, unless the context demands otherwise:
(1)
Census Statistical
			 Unit
includes any standard geographic area, jurisdictional
			 entity, administrative designation, or parts of one, for which the U.S. Bureau
			 of Census or other federal, state or institutional/academic sources issue
			 recurring economic data, including but not limited to: County, county
			 subdivision, city/place, census tract or census block group.
(2)
Enterprise Zone
			 Population
means, based on either the latest decennial U.S.
			 Census count or the most recently available estimate from the Portland State
			 University Population Research Center:
(a)
			 For rural enterprise zones, the total population of incorporated cities, in
			 which any part of the zone is located, plus the currently estimated population
			 of any Census Statistical Unit that tightly envelope unincorporated zone areas;
			 or
(b) For urban enterprise zones,
			 the currently estimated population of Census Statistical Units that tightly
			 envelope zone areas, and it may also include any associated residential area or
			 group of such areas proximate to the zone boundary that encompass a populace,
			 whom the Sponsoring Government(s) explicitly intend to serve through employment
			 opportunities and relevant public or private efforts or programs in relation to
			 the zone.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 650 - ENTERPRISE ZONE CREATION AND AMENDMENT › Section 123-650-0500 - Local Government Sponsorship or Consent

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of enterprise zone designations, re-designations
				or boundary changes:
(1) The zone
			 shall be sponsored by, and only by, the governing body of every city, port or
			 county, in whose territory the zone is located, with the following exceptions:
(a) A
port
need not cosponsor a
			 zone, if both of the following are true:
(A)
			 The zone is located inside the territory of a sponsoring city, county or two or
			 more such jurisdictions; and
(B)
			 The port granted consent for the zone to exist in its territory through a
			 resolution adopted by the port's governing body.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 650 - ENTERPRISE ZONE CREATION AND AMENDMENT › Section 123-650-0600 - Zones Allowed per Jurisdiction

Current through Register Vol. 63, No. 7, July 1, 2024
Enterprise zone designations, re-designations and boundary
				changes are subject to negative determinations under ORS
				285C.074 and
				285C.117, if needlessly
				redundant, in that:
(1) Whenever
			 practical, would-be Sponsoring Government(s) shall consider joining together
			 with other city, port and county cosponsors through mutual re-/designations and
			 boundary changes, in order to:
(a) Complement
			 the standards under ORS
			 285C.120(2)(b)
			 as addressed in OAR 123-650-1100(5);
(b) Make the most of limited resources among
			 agencies, especially at the local level, for administrating and marketing every
			 enterprise zone in the pursuit of business development; and
(c) More generally raise visibility and
			 foster intercommunity collaboration around regional economic
			 development.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 650 - ENTERPRISE ZONE CREATION AND AMENDMENT › Section 123-650-0700 - Rural and Urban Designations

Current through Register Vol. 63, No. 7, July 1, 2024
As defined under ORS
				285C.050, an
enterprise
				zone
is categorized as either 'rural' or 'urban' under ORS
				285C.050(18) or
				(22), such that:
(1) As used in ORS
			 285C.050(22),
			 "regional or metropolitan urban growth boundary" means the UGB encompassing:
(a) The principal Oregon city or cities of a
			 federally established metropolitan statistical area (MSA), according to the
			 most recent delineation of such statistical areas by the White House Office of
			 Management and Budget (OMB) of the U.S. Government; and
(b) Any other city that jointly undertakes
			 comprehensive planning with such a city to determine their mutual
			 UGB.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 650 - ENTERPRISE ZONE CREATION AND AMENDMENT › Section 123-650-1000 - DIMENSIONS AND BOUNDARIES - Size and Distances

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of an enterprise zone designation, re-designation
				or boundary change:
(1) Except as
			 allowed in OAR 123-650-1100:
(a) The straight-line distance between any
			 two points within the zone may not exceed 12 miles if it is urban, or 15 miles
			 if it is rural.
(b) A separate area
			 of the zone must be five or fewer miles of straight-line distance away from
			 another area of the zone as measured between the two closest points of each
			 area.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 650 - ENTERPRISE ZONE CREATION AND AMENDMENT › Section 123-650-1100 - Extended Rural Distances

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of ORS
				285C.050(19),
				285C.090(4) and
				285C.120:
(1) This rule has no bearing on total
			 enterprise zone area as limited in OAR
			 123-650-1000(3)
			 and applies only to rural enterprise zones that are or will be at least
			 partially outside a county, for which the most recently available estimate from
			 the Portland State University Population Research Center of the county's total
			 population divided by its area exceeds 100 persons per square mile. Such a
			 county is defined herein for purposes of this rule as a "
densely
			 populated county
," of which there are seven: Benton, Clackamas, Marion,
			 Multnomah, Polk, Washington and Yamhill counties.
(2) The maximum distance allowed in OAR
			 123-650-1000(1)(a)
			 increases from 15 to:
(a) 25 lineal miles, if
			 no area of the zone is in a densely populated county; or
(b) 20 lineal miles, if some but not all of
			 the zone area lies in a densely populated county.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 650 - ENTERPRISE ZONE CREATION AND AMENDMENT › Section 123-650-1500 - Mapping and Defining Zone Boundary

Current through Register Vol. 63, No. 7, July 1, 2024
Any enterprise zone designation, re-designation or boundary
				change shall demonstrate adherence to OAR
				123-650-1000 or
				123-650-1100 by including all of
				the following with the documentation submitted to the Department under ORS
				285C.074 or
				285C.117:
(1) An estimate to the nearest 0.1 square
			 miles of the entire zone area (after accounting for area added or removed due
			 to any boundary change) in accordance with OAR
			 123-650-1000(3) and
			 (4).
(2) Map or set of maps drawn to scale with
			 north directional arrow, legend/scale and title using the zone name, as well as
			 clear representation of the zone boundary, including:
(a) An overview map showing the entire zone
			 on a single page; and
(b) I Inset,
			 subsidiary or supplemental maps, as necessary or appropriate, in order to:
(A) Provide detail for portions of the zone
			 as referenced or linked to the overview map; and
(B) Specify areas added or removed.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 650 - ENTERPRISE ZONE CREATION AND AMENDMENT › Section 123-650-2000 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  285A.075,
				  285C.060(1),
				  285C.065(3)
				  & 285C.250(4)
Stats. Implemented: ORS
				  285C.065,
				  285C.075,
				  285C.090 &
				  285C.250
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 650 - ENTERPRISE ZONE CREATION AND AMENDMENT › Section 123-650-2100 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  285A.075,
				  285C.060(1),
				  285C.065(3)
				  & 285C.250(4)
Stats. Implemented: ORS
				  285B.283,
				  285C.075,
				  285C.090 &
				  285C.250
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 650 - ENTERPRISE ZONE CREATION AND AMENDMENT › Section 123-650-2200 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  285A.075,
				  285C.060(1),
				  285C.065(3),
				  285C.066 &
				  285C.250(4)
Stats. Implemented: ORS
				  285C.065,
				  285C.070,
				  285C.075 &
				  285C.250
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 650 - ENTERPRISE ZONE CREATION AND AMENDMENT › Section 123-650-2300 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  285A.075,
				  285C.060(1),
				  285C.065(3),
				  285C.066,
				  285C.067(2)
				  & 285C.250(4)
Stats. Implemented: ORS
				  285C.065,
				  285C.075,
				  285C.090 &
				  285C.250
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 650 - ENTERPRISE ZONE CREATION AND AMENDMENT › Section 123-650-2400 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  285A.075,
				  285C.060(1),
				  285C.065(3),
				  285C.067(2)
				  & 285C.250(4)
Stats. Implemented: ORS
				  285C.065,
				  285C.067,
				  285C.070,
				  285C.095,
				  285C.105 &
				  285C.110
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 650 - ENTERPRISE ZONE CREATION AND AMENDMENT › Section 123-650-2500 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  285A.075,
				  285C.060(1),
				  285C.067(2)
				  & 285C.250(4)
Stats. Implemented: ORS
				  285C.045,
				  285C.055,
				  285C.060,
				  285C.067,
				  285C.075,
				  285C.080 &
				  285C.250
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 650 - ENTERPRISE ZONE CREATION AND AMENDMENT › Section 123-650-2600 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  285A.075 &
				  285C.060(1)
Stats. Implemented: ORS
				  285C.055,
				  285C.060,
				  285C.070,
				  285C.075 &
				  285C.250
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 650 - ENTERPRISE ZONE CREATION AND AMENDMENT › Section 123-650-3000 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  285A.075,
				  285C.060(1),
				  285C.065(3)
				  & 285C.250(4)
Stats. Implemented: ORS
				  285C.065,
				  285C.075,
				  285C.090 &
				  285C.250
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 650 - ENTERPRISE ZONE CREATION AND AMENDMENT › Section 123-650-3100 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  285A.075,
				  285C.060(1),
				  285C.065(3)
				  & 285C.250(4)
Stats. Implemented: ORS
				  285A.020,
				  285C.055,
				  285C.075,
				  285C.090 &
				  285C.250
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 650 - ENTERPRISE ZONE CREATION AND AMENDMENT › Section 123-650-3200 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  285A.075,
				  285C.060(1),
				  285C.065(3)
				  & 285C.250(4)
Stats. Implemented: ORS
				  285B.283,
				  285C.055,
				  285C.060,
				  285C.065,
				  285C.075 &
				  285C.250
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 650 - ENTERPRISE ZONE CREATION AND AMENDMENT › Section 123-650-3300 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  285A.075,
				  285C.060(1),
				  285C.065(3)
				  & 285C.250(4)
Stats. Implemented: ORS
				  285C.055,
				  285C.060,
				  285C.065 &
				  285C.250
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 650 - ENTERPRISE ZONE CREATION AND AMENDMENT › Section 123-650-3400 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  285A.075,
				  285C.060(1),
				  285C.065(3),
				  285C.067(2)
				  & 285C.250(4)
Stats. Implemented: ORS
				  285C.055,
				  285C.067,
				  285C.075,
				  285C.105 &
				  285C.250
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 650 - ENTERPRISE ZONE CREATION AND AMENDMENT › Section 123-650-4000 - DESIGNATIONS AND BOUNDARY CHANGES - Initiating Designation

Current through Register Vol. 63, No. 7, July 1, 2024
To designate or re-designate an enterprise zone under ORS
				285C.065 or
				285C.250:
(1) The process begins with the Sponsoring
			 Government(s) sending a formal advisory to the Department of its intent to
			 re-/designate. This may happen at any time for a new designation, but for
			 concurrent re-designation, the local zone sponsor shall timely provide the
			 advisory under ORS 285C.074 after January 1 (but by
			 May 16 at the very latest), preceding July 1 when the existing zone will have
			 Terminated-by-Statute.
(2) The
			 Department will respond promptly to such an advisory, which if by telephone
			 will be memorialized at least through email, consulting with the Sponsoring
			 Government(s) about:
(a) The utility, impacts
			 and responsibilities of re-/designating and having an enterprise
			 zone;
(b) Steps to re-/designate a
			 zone, including but not limited to formally sending notice to and consulting
			 with local taxing districts, after this consultation by the Department has
			 taken place;
(c) Documentation, as
			 well as sample resolution language, needing to be submitted to the
			 Department;
(d) Economic hardship
			 criteria and possible assistance in identifying measures for the local
			 area;
(e) Prohibitions in OAR
			 123-650-4900(2);
			 and
(f) Other matters as
			 appropriate or necessary.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 650 - ENTERPRISE ZONE CREATION AND AMENDMENT › Section 123-650-4100 - Documentation Pursuant to Zone Designation

Current through Register Vol. 63, No. 7, July 1, 2024
Upon designation or re-designation of an enterprise zone, for
				purposes of ORS 285C.074:
(1) The Sponsoring Government(s) must
			 complete a form available from and submit it to: Incentives, Business Oregon,
			 State Lands Building Suite 200, 775 Summer Street NE, Salem OR 97301-1280, see
www.oregon.gov/biz
, along with
			 all applicable documentation, respective to:
(a) Contact information and the name of the
			 zone based on place names or common geographic terms (which if the same as a
			 previous or terminating zone's name will include a "II, III, IV, ..." suffix,
			 but only in the context of this submission);
(b) Identifying the Sponsoring Governments
			 and consenting jurisdictions for purposes of OAR
			 123-650-0500, and hotel/resort
			 elections by city or county sponsors, including but not limited to enclosing or
			 attaching an executed copy of the resolution duly adopted by the governing body
			 of each Sponsoring Government according to OAR
			 123-650-4800(1) and
			 (2) and of any consenting jurisdiction, under
			 the charter, by-laws or ordinances of the city, port or county;
(c) Timely notice and consultation with local
			 taxing districts for OAR
			 123-650-5000 to
			 123-650-5200;
(d) Having established a school support fee
			 rate with every school district that has territory inside the zone boundary
			 consistent with OAR 123-650-5300;
(e) Zone boundary, size and dimensions
			 consistent with OAR 123-650-1500; and
(f) Data, statistics and so forth on social
			 and economic conditions in OAR
			 123-650-4200.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 650 - ENTERPRISE ZONE CREATION AND AMENDMENT › Section 123-650-4200 - Mandatory Economic Need for Zone Designation

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of designation or re-designation, the local area
				of the enterprise zone must exhibit economic hardship, in that:
(1) Except as allowed in section (2) of this
			 rule, an enterprise zone must meet one of the following relative measures in
			 order to qualify for designation:
(a) The
			 zone's median income per household or mean income per capita is 80 percent or
			 less of the equivalent statewide income;
(b) The zone's unemployment rate is at least
			 2.0 percentage points higher than the corresponding statewide unemployment
			 rate;
(c) The zone's percentage of
			 persons or families below the poverty level is at least five percentage points
			 higher than the equivalent statewide percentage; or
(d) The change in Enterprise Zone Population
			 during the most recent ten-year period is at least 15 percentage points less
			 than the baseline growth for the statewide population. (For example, if the
			 Enterprise Zone Population increased 10 percent, but the state's population
			 over the same ten-year period grew by 25 percent, the zone would meet this
			 qualification)
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 650 - ENTERPRISE ZONE CREATION AND AMENDMENT › Section 123-650-4400 - Documentation with Boundary Changes

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of ORS
				285C.117:
(1) The zone sponsor (including with any new
			 cosponsor) may change the boundary of the enterprise zone under ORS
			 285C.115 and then submit
			 documentation to the Department (electronically as desired), at any
			 time.
(2) The submission shall
			 comprise a memorandum prepared by the sponsor containing necessary information,
			 as well as all applicable materials, items or data, respective to:
(a) The submitter-contact for the sponsor,
			 relevant background about the amendments, and any change in the zone
			 name;
(b) Identifying every current
			 and new (co)sponsor or consenter, along with an executed copy of the resolution
			 adopted by the governing body of each sponsoring jurisdiction according to
			 applicable provisions of OAR
			 123-650-4800(2),
			 as well as any (re-)consenting jurisdiction, consistent with the charter,
			 by-laws or ordinances of the city, port or county;
(c) Timely notice to local taxing districts
			 in OAR 123-650-5500 and related
			 matters;
(d) Zone boundary, size
			 and dimensions in accordance with OAR
			 123-650-1500;
(e) Data, statistics and so forth on social
			 and economic conditions for OAR
			 123-650-4500; and
(f) Other issues, as necessary or
			 appropriate, in OAR 123-650-4600.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 650 - ENTERPRISE ZONE CREATION AND AMENDMENT › Section 123-650-4500 - Economic Conditions for Areas Added by Boundary Changes

Current through Register Vol. 63, No. 7, July 1, 2024
Under ORS
				285C.115(2)(c),
				an area may be added to an enterprise zone only if it and adjoining residential
				areas are economically comparable to the original enterprise zone:
(1) Economic statistics or data for the
			 original enterprise zone and an area to be added shall be either:
(a) From a given data source as most recently
			 available; or
(b) From the time of
			 the latest re-/designation of the zone based on the data source used at the
			 time for purposes of ORS
			 285C.090.