reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 500 - CULTURAL PARTICIPATION GRANTS › Section 123-500-0120 - Standards for Cultural Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Cultural Participation Grant funds may be awarded to any Oregon cultural
			 coalition that operates under a cultural plan that has been approved by the
			 Cultural Trust Board.
(2) A
			 cultural plan may be approved by the Cultural Trust Board if it has determined
			 that a local cultural plan:
(a) Identifies
			 priorities and specific strategies for building public cultural participation
			 across cultural disciplines and organizations. The strategies may include the
			 involvement of partners outside of the cultural sector such as business
			 organizations, schools and health and human service organizations;
(b) Identifies annual benchmarks to determine
			 the impact of grant funds; and
(c)
			 Specifies local leadership and governance for grant fund management and for
			 ongoing planning and development of benchmarks.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 500 - CULTURAL PARTICIPATION GRANTS › Section 123-500-0130 - Cultural Participation Grant Allocation Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Annually, on a date established each year
			 by the Cultural Trust Board and on a form or online system provided by the
			 board, a cultural coalition must submit to the board current contact
			 information for the coalition chair, coalition members and fiscal sponsor, if
			 applicable.
(2) The Cultural Trust
			 Board will allocate final grant awards pursuant to a formula determined by the
			 board. The formula includes a base allocation per county and tribe plus an
			 additional amount factored on population.
(3) The Arts Program, under the direction of
			 the Cultural Trust Board, shall distribute the grant amounts to the cultural
			 coalitions.
Stat. Auth.: ORS
				  359.416
Stats. Implemented: ORS
				  359.400 -
				  359.444
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 500 - CULTURAL PARTICIPATION GRANTS › Section 123-500-0150 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The Arts Program, under the direction of the Cultural Trust
				Board, awards grant funds to five statewide cultural entities to promote arts,
				heritage and humanities programs across Oregon and leverage existing resources
				to benefit more Oregonians.
Stat. Auth.: ORS
				  359.416
Stats. Implemented: ORS
				  359.400 -
				  359.444
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 500 - CULTURAL PARTICIPATION GRANTS › Section 123-500-0160 - Distribution of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
The Arts Program, under the direction of the Cultural Trust
				Board, shall distribute the amount disbursed from the Trust for Cultural
				Development Account under ORS
				359.426(3)(c)
				to the core partner agencies as follows:
(1) 20 percent of the amount disbursed under
			 ORS 359.426(3)(c)
			 for joint efforts by the core partner agencies in fostering cooperative
			 cultural projects, including but not limited to cultural education, cultural
			 tourism and other cultural activities; and
(2) 80 percent of the amount disbursed under
			 ORS 359.426(3)(c)
			 to the core partner agencies for the purposes described in 359.444. The
			 Cultural Trust Board shall determine the amount or percent of available funds
			 that each core partner agency shall receive under this paragraph.
Stat. Auth.: ORS
				  359.416
Stats. Implemented: ORS
				  359.400 -
				  359.444
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 500 - CULTURAL PARTICIPATION GRANTS › Section 123-500-0170 - Limitations

Current through Register Vol. 63, No. 7, July 1, 2024
The core partner agencies are not eligible to apply for grants
				from the Community Cultural Participation Grant Program or the Cultural
				Development Grant Program.
Stat. Auth.: ORS
				  359.416
Stats. Implemented: ORS
				  359.400 -
				  359.444
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 500 - CULTURAL PARTICIPATION GRANTS › Section 123-500-0175 - Allowable Uses of Funds by Core Partner Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A core partner agency may use Cultural
			 Partner Grant funds to:
(a) Carry out the
			 mission and mandate of the agency;
(b) Serve more grantees; and
(c) Encourage new cultural
			 undertakings.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 600 - BUSINESS ENERGY TAX CREDITS FOR RENEWABLE ENERGY RESOURCE EQUIPMENT MANUFACTURING BETC (Manufacturing BETC) › Section 123-600-0100 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
This division of administrative rules applies to all applicants
				for the Business Energy Tax Credit for Renewable Energy Resource Equipment
				Manufacturing ("Manufacturing BETC") as provided under Oregon Revised Statutes
				ORS 285C.540 through
				285C.559, and ORS
				315.341,
				356, Oregon Law 2011 CH. 474 HB2523 and
				2012 CH. 45 HB4079. These rules apply to all applications pending as of the
				effective date of these rules.
(1)
			 Amount of Tax Credit. Qualified Oregon facilities that manufacture renewable
			 energy resource equipment may be eligible for a tax credit equal to 50% of
			 maximum eligible cost. Costs are limited up to $2.5 million for a facility used
			 to manufacture electric vehicles or component parts of electric vehicles and up
			 to $40 million in the case of any other eligible facility.
(2) Application Review. Application for the
			 Manufacturing BETC is subject to detailed technical and financial review of the
			 project. The Applicant is also required to sign a performance contract with
			 measures that include job creation requirements, job retention requirements and
			 other economic or operational benchmarks as determined by the
			 Department.
(3) Certification of
			 Cost for Tax Credit. The Director shall issue a final certificate pursuant to
			 ORS 285C.553 before the tax credit
			 can be claimed. The Director shall determine the dollar amount certified for
			 any facility and the priority between applications for certification based upon
			 the criteria contained in ORS
			 285C.540 to
			 285C.559 and applicable rules
			 and standards adopted under ORS
			 285C.540 to
			 285C.559. The Director may
			 consider the status of a facility as a research, development or demonstration
			 facility of new renewable resource generating and conservation technologies in
			 the determination.
(4) Use of Tax
			 Credit. The tax credit may be offset against Oregon income and corporation
			 excise taxes owed pursuant to ORS
			 315.341. An Applicant qualifying
			 for the tax credit may transfer the tax credit through the pass-through option
			 in return for a discounted cash payment from a qualified pass-through
			 partner.
Stat. Auth.: ORS
				  285C.540 -
				  285C.559, ORS
				  315.341, OL 2011, Ch. 474 HB2523
Stats. Implemented: ORS
				  285C.540-559,
				  315.341, OL 2011, Ch. 474
				  HB2523, OL 2012, Ch. 45 HB 4079
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 600 - BUSINESS ENERGY TAX CREDITS FOR RENEWABLE ENERGY RESOURCE EQUIPMENT MANUFACTURING BETC (Manufacturing BETC) › Section 123-600-0110 - Process Overview

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Application
			 Stages. The Department reviews an application for a Manufacturing BETC in two
			 stages.
(a) The first stage is called
			 preliminary certification. Prior to submitting an application and fee payment,
			 the Applicant must contact the Department to initiate a pre-screening process.
			 Once accepted, the application is subject to in-depth review of the
			 manufacturer's technology, financial model and plan, which may be conducted by
			 a third party contractor selected by the Department for the purpose of
			 determining if a preliminary certificate shall be issued. If the Department
			 determines that the Applicant qualifies for a Manufacturing BETC, the
			 Department may issue a preliminary certificate. The preliminary certificate may
			 contain specific criteria and conditions for the facility to meet in order to
			 complete final certification based on the information provided in the
			 application for the BETC and type of facility that is described in the
			 application. In addition, the Department shall require the Applicant to enter
			 into a performance agreement or other similar agreement as a condition of
			 approval.
(b) The second stage is
			 called final certification. During this stage the application is subject to
			 verification of completion of the facility in accordance with conditions and
			 criteria imposed in the preliminary certificate and performance agreement, and
			 the determination of final eligible costs for purpose of issuing the final tax
			 certificate.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 600 - BUSINESS ENERGY TAX CREDITS FOR RENEWABLE ENERGY RESOURCE EQUIPMENT MANUFACTURING BETC (Manufacturing BETC) › Section 123-600-0120 - Preliminary Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pre
			 Screening. Persons interested in applying for a Manufacturing BETC shall first
			 contact the Department to initiate a pre-screening process.
(2) Submission of Application. Persons
			 determined by the Department to have projects for proposed facilities eligible
			 for a Manufacturing BETC shall submit the application form approved by the
			 Department for application for preliminary certification along with the
			 appropriate fee under OAR
			 123-600-0140. The Applicant
			 shall also provide additional information the Director considers necessary to
			 determine whether the proposed facility is in accordance with the provisions of
			 ORS 285C.540 to
			 285C.559 and these rules,
			 including but not limited to:
(a) The type of
			 equipment, machinery or other products being manufactured meet related
			 performance and efficiency standards applicable to the manufactured
			 products;
(b) The economic
			 viability of the facility and any other information for consideration of such
			 factors as phases of development, expansion of or additions to existing
			 facilities or product lines, increased production and number of jobs created or
			 maintained by the Applicant;
(c)
			 The minimum levels of increased employment in Oregon for the facility are
			 proportionate to industry standards;
(d) The compensation paid and benefits
			 provided to employees meet or exceed the national average in annual
			 compensation for comparable employment;
(e) Details related to the technology and
			 financial plan that can be independently reviewed by a third party;
(f) The credit worthiness of the Applicant
			 and the likelihood of long-term operation and success of the facility;
			 and
(g) The Applicant's decision to
			 locate or expand a facility in Oregon is based on the allowance of a tax credit
			 under ORS 315.341.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 600 - BUSINESS ENERGY TAX CREDITS FOR RENEWABLE ENERGY RESOURCE EQUIPMENT MANUFACTURING BETC (Manufacturing BETC) › Section 123-600-0135 - Pass-through Transfer of the Tax Credit

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of ORS
				285C.549 and the pass-through
				rate for discounting the face value of a certified Business Energy Tax Credit
				to the Net Present Value that is the minimum amount the Applicant shall receive
				as a cash payment from the Pass-through Partner(s) in exchange for the
				Credit:
(1) Rate Formula. As set forth
			 by the Department on the first business day of each calendar quarter, the
			 pass-through rate, to be multiplied by the credit amount, equals "1 ÷ (1
			 + R + S + P)^5," where:
(a) "R" is the U.S.
			 Prime Rate as published by The Wall Street Journal newspaper;
(b) "S" is a spread factor greater than zero
			 to account for special transactional and risk elements, and initially set at
			 3.25 percentage points, but subject to adjustment by the Department based on
			 experience and changing circumstances;
(c) "P" is an estimate of projected price
			 inflation, as determined by the Department, but to be not less than the average
			 of the lower central tendency for core price inflation in the succeeding two
			 years from the latest economic projections of the Federal Reserve Board members
			 and Federal Reserve Bank presidents; and
(d) "5" means to exponentially raise the
			 preceding sum to the fifth power in accordance with the five years over which
			 the credit may be claimed.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 600 - BUSINESS ENERGY TAX CREDITS FOR RENEWABLE ENERGY RESOURCE EQUIPMENT MANUFACTURING BETC (Manufacturing BETC) › Section 123-600-0140 - Budget Limits and Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Amount of Credits Allowed for a Facility. During any calendar year, a
			 Manufacturing BETC preliminary certificate shall not be issued for more than:
(a) $40 million in maximum eligible facility
			 costs for a renewable energy resource equipment facility, not including those
			 used to manufacture electric vehicles;
(b) $2.5 million in maximum eligible facility
			 costs for a facility used to manufacture electric vehicles;
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 600 - BUSINESS ENERGY TAX CREDITS FOR RENEWABLE ENERGY RESOURCE EQUIPMENT MANUFACTURING BETC (Manufacturing BETC) › Section 123-600-0150 - Prioritization System for Manufacturing BETC Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
Applications in Excess of Biennial Limits. In the event that
				the Department receives applications for preliminary certification with a total
				amount of potential tax credits in excess of the limitations in ORS
				285C.545, the Department shall
				allocate the potential tax credits according to the order in which the
				applications are complete.
Stat. Auth.: ORS
				  285C.540 -
				  285C.559, ORS
				  315.341, OL 2011, Ch. 474 HB2523
Stats. Implemented: ORS
				  285C.540-559,
				  315.341, OL 2011, Ch. 474
				  HB2523, OL 2012, Ch. 45 HB 4079
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 600 - BUSINESS ENERGY TAX CREDITS FOR RENEWABLE ENERGY RESOURCE EQUIPMENT MANUFACTURING BETC (Manufacturing BETC) › Section 123-600-0250 - Research, Development, or Demonstration Facility (RDD)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Criteria. Eligible RDD facilities shall
			 comply with one or more of the following criteria:
(a) Research facilities that include a test
			 bench research, prototype or pilot scale construction of a theoretically proved
			 or primary researched new renewable resource generating or conservation
			 technology;
(b) Development
			 facilities that include the manufacture or initiation of the capability to
			 manufacture new products for renewable resource generating or energy
			 conservation in Oregon;
(c)
			 Demonstration facilities that are likely to resolve questions on how to apply
			 new renewable resource generating or more efficient energy technologies through
			 pilot or production scale applications of technology; and
(d) Facilities that are likely to achieve
			 Department's goals as determined by the Director and shall demonstrate a
			 reasonable potential to result in benefits in Oregon for which the value is
			 likely to exceed the value of the tax credit, based on information filed with
			 the application for preliminary certification.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 623 - STRATEGIC INVESTMENT PROGRAM › Section 123-623-1000 - GENERALLY FOR SIP PROJECTS - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
This division of administrative rules clarifies, specifies and
				establishes procedures, standards and criteria for operation of the Strategic
				Investment Program (SIP) under ORS
				285C.600 to
				285C.635 and
				307.123. It does not control or
				bind the county assessor or Department of Revenue and is superseded by OAR
				chapter 150 in matters related to tax administration.
Statutory/Other Authority: ORS
				  285A.075 &
				  285C.615(7)
Statutes/Other Implemented: ORS
				  285C.600 -
				  285C.635 &
				  307.123
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 623 - STRATEGIC INVESTMENT PROGRAM › Section 123-623-1100 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of this division of administrative rules
				definitions are found in OAR 123-001 (Procedural Rules). Additionally, as used
				in these rules, the following terms have the meanings set forth below, unless
				the context demands otherwise.
(1)
Abatement
means the taxation and assessment of
			 property comprising an eligible project under ORS
			 307.123 (see OAR
			 150-307-0100).
(2)
Applicant
means a business firm, including but not limited to a privately or publicly
			 held corporation, for-profit company, people's utility district, or a joint
			 operating agency under ORS
			 262.005, seeking approval from
			 the Commission for Abatement.
(3)
Application
means the Department-prescribed form
			 described in OAR 123-623-1400, which is available
			 at and submitted to: Incentives, Business Oregon, State Lands Building Suite
			 200, 775 Summer Street NE, Salem OR 97301-1280, see
www.oregon.gov/biz
, as well as
			 all supplemental attachments, exhibits and so forth that the Applicant
			 completes or furnishes to the Department for the Strategic Investment
			 Program.
(4)
Approved
			 Project
means an investment or investments in taxable property
			 that:
(a) Is not Existing Property;
(b) The Applicant owns or leases;
(c) The Commission has determined shall
			 receive Abatement; and
(d) Conforms
			 to the project definition established with the determination of the Commission
			 according to OAR 123-623-1700.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 623 - STRATEGIC INVESTMENT PROGRAM › Section 123-623-1115 - Specially Preserved Rural Areas

Current through Register Vol. 63, No. 7, July 1, 2024
On and after October 5, 2015, the following remain rural areas
				under ORS 285C.600 pursuant to section 2,
				chapter 518, Oregon Laws 2015:
(1) Any
			 area inside Clackamas Rural SIZ #1, designated September 24, 2010, and
			 sponsored by Clackamas County and the cities of Canby, Estacada, Happy Valley,
			 Molalla and Sandy; and
(2) Tax lot
			 2900 in the southeast quarter of section 21 of Township 1 North, Range 2 West
			 of the Willamette Meridian (1N221-2900) in Washington County.
Statutory/Other Authority: ORS
				  285A.075 &
				  285C.615(7)
Statutes/Other Implemented: ORS
				  285C.600 & OrLaws 2015 ch.
				  518 §2
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 623 - STRATEGIC INVESTMENT PROGRAM › Section 123-623-1250 - Eligibility Criteria of the Commission

Current through Register Vol. 63, No. 7, July 1, 2024
Under the definition of "eligible project" as used in ORS
				285C.600:
(1) The Commission may establish criteria in
			 order for property to receive Abatement either by resolution or as described in
			 this division of administrative rules.
(2) The Commission may reject or revoke an
			 Application up to 18 months after its approval and before the Abatement has
			 begun, if the Approved Project will or does take place in conjunction with what
			 the Commission deems to be substantial curtailment of employment at operations
			 under the control of the Applicant (including but not limited to another
			 commonly controlled business firm) anywhere in this state. Mitigating factors
			 include:
(a) Applicant's candidness and
			 cooperation in addressing such conjunction;
(b) Such curtailment's being unrelated and
			 only coincidental to proposed investments; or
(c) Compensating actions by the
			 Applicant.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 623 - STRATEGIC INVESTMENT PROGRAM › Section 123-623-1300 - Local Hiring

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of ORS
				285C.603:
(1) Prospective Applicants and County/local
			 governments are encouraged to consider creative and cooperative means to
			 promote gainful work for persons already residing in the proximate area or
			 region of the Approved Project for:
(a) Jobs
			 associated with the Approved Project's facility or operations; and
(b) Persons employed in the construction or
			 installation of property or by other types of associated contractors, vendors
			 or suppliers.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 623 - STRATEGIC INVESTMENT PROGRAM › Section 123-623-1400 - Making Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An Applicant
			 seeking the Commission's determination of an eligible project for Abatement
			 must submit an Application to the Department.
(2) In addition to what is required by the
			 Application or in this division of administrative rules, the Applicant shall
			 submit any information requested by the Department for purposes of evaluating
			 the Application.
(3) Not less than
			 21 days after having received a complete Application, as described in OAR
			 123-623-1500, the Department
			 shall arrange for the Commission to initially consider it at a regular or
			 special meeting. Under extenuating circumstances, the Department may dispense
			 with this minimum period.
(4) The
			 Application form is available from and submitted to: Incentives - Economic
			 Development, Business Oregon, State Lands Building Suite 200, 775 Summer Street
			 NE, Salem OR 97301, see
www.oregon.gov/biz
.
(5) An Applicant may submit an Application
			 that is incomplete for lack of local agreement/approval, which the Department
			 effectively receives and holds pending completion, in order that subsequently
			 acquired, constructed or installed property avoids classification as Existing
			 Property or for other reasons, so long as the Application includes:
(a) The fee described in OAR
			 123-623-1800(1);
(b) All required information or documentation
			 currently available to the Applicant; and
(c) What the Department deems to be
			 sufficient evidence that the Applicant has been in contact with the County to
			 initiate steps under ORS
			 285C.609, including but not
			 limited to local submission of a formal application if the County has
			 previously established such procedures.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 623 - STRATEGIC INVESTMENT PROGRAM › Section 123-623-1500 - Contents of Application, Generally

Current through Register Vol. 63, No. 7, July 1, 2024
The Application must include:
(1) A copy of a First Source Hiring Agreement
			 according to OAR 123-070 that takes effect beginning no later than when any
			 hiring for the Approved Project commences and ending no sooner than June 30 of
			 the final tax year of Abatement.
(2) Information required in the Application
			 form, including but not limited to full company identification, nature of
			 proposed operations, hiring/payroll projections, proposed investment(s), status
			 of local approval, and any exceptional impact on public services, as well as:
(a) The number of Retained Jobs over the 12
			 months preceding the Department's receipt of the Application at the site,
			 facility or operations, to which the proposed investment will be
			 made;
(b) Full disclosure for
			 purposes of OAR 123-623-1250, including but not
			 limited to any probable reduction in the operations, employment or the like at
			 any other facility in this state that is owned or operated by the Applicant or
			 a commonly controlled business firm, within one year after making application,
			 regardless of proximity or relationship to the proposed investment(s);
			 and
(c) Commitments to:
(A) Address the exhortation under ORS
			 285C.603 consistent with OAR
			 123-623-1300;
(B) Provide timely notification or evidence
			 to the county assessor or the Department of Revenue, as requested or otherwise
			 necessary under ORS 307.123 or other applicable
			 laws, such as the date when any taxable property is or will be initially
			 occupied, used or operated commercially for specifically intended
			 purposes;
(C) Ensure that any
			 ultimate lessee is responsible for the payment of property taxes levied on
			 leased property that comprises any part of the Approved Project;
(D) Submit the annual reports of employment
			 required under ORS 285C.615 and described in OAR
			 123-623-4000 to
			 123-623-4200; and
(E) Hold a job fair under ORS
			 285C.606(6)(b)
			 duly announced through Worksource Oregon of the Oregon Employment Department
			 and consistent with OAR
			 123-623-1300(3).
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 623 - STRATEGIC INVESTMENT PROGRAM › Section 123-623-1525 - Application within a Strategic Investment Zone

Current through Register Vol. 63, No. 7, July 1, 2024
If the proposed investment is subject to approval based on its
				location inside an SIZ:
(1) A
			 complete Application must also include a locally endorsed and fully executed
			 copy of the SIZ's standardized agreement that unambiguously identifies the
			 Applicant and the proposed investment.
(2) The County may neither negotiate a
			 project-specific agreement nor subject the proposal to approval under
			 discretionary provisions, including but not limited to those under ORS
			 285C.609.
(3) Material variance between additional
			 requirements established with designation of the SIZ and those found in the
			 agreement submitted by the Applicant shall render such requirements
			 unenforceable.
Stat. Auth.: ORS
				  285A.075 &
				  285C.615(7)
Stats. Implemented: ORS
				  285C.600,
				  285C.606 &
				  285C.626
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 623 - STRATEGIC INVESTMENT PROGRAM › Section 123-623-1550 - Application outside a Strategic Investment Zone

Current through Register Vol. 63, No. 7, July 1, 2024
A complete Application must also include all of the following,
				if the proposed investment is not using an SIZ:
(1) Evidence that the County held a public
			 hearing concerning the Applicant's proposal, before executing the agreement in
			 section (2) of this rule.
(2) A
			 copy of the agreement:
(a) Entered into
			 between the Applicant and the County with respect to a proposed project, and
			 including any:
(A) City in which project
			 property is located anywhere within its corporate limits; or
(B) Port in which project property is located
			 anywhere within the jurisdiction of the port district (for an agreement entered
			 into on or after September 24, 2023);
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 623 - STRATEGIC INVESTMENT PROGRAM › Section 123-623-1600 - Consideration and Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) The Department shall review each
			 Application; and
(b) Only after
			 deeming that information in OAR
			 123-623-1500 and
			 123-623-1525 or
			 123-623-1550 is completely and
			 accurately provided (except potentially for pending materials or information,
			 of which the Department is reasonably assured of receipt), shall the Department
			 make a recommendation to the Commission (subject to actual receipt of any
			 pending material or information).
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 623 - STRATEGIC INVESTMENT PROGRAM › Section 123-623-1700 - Establishment of Exempt Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Commission's determination pursuant to OAR
			 123-623-1600 needs to define the
			 Approved Project for purposes of the Abatement, consistent with the Application
			 and the agreement between the Applicant and local government(s).
(2) Such a definition shall employ one or
			 more of the following examples or a comparable method that:
(a) Stipulates the site(s) or overall
			 facility at which applicable property must be located, used and occupied for
			 commercial purposes;
(b) Delimits
			 what the Abatement covers in terms of total investment cost or property value,
			 or the specific period, in which construction/installation needs to commence,
			 or in which property must be placed in service; or
(c) Identifies applicable real and personal
			 property, including but not limited to portions or incremental units of
			 property, by:
(A) Referencing or
			 incorporating the description of investment(s) in the Application or further
			 information from the Applicant (whether requested or not by the Department or
			 Commission);
(B) Delineating
			 improvements or property items (or representative examples thereof) that the
			 Applicant will acquire, construct or install, or for which the assessed value
			 would increase as a result of additions, reconstruction, modifications,
			 refurbishment, remodeling, renovation, retrofitting or upgrades; or
(C) Specifying improvements or property items
			 that are not part of the Approved Project subject to Abatement, including but
			 not limited to Existing Property.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 623 - STRATEGIC INVESTMENT PROGRAM › Section 123-623-1800 - State Application and Approval Fees

Current through Register Vol. 63, No. 7, July 1, 2024
With respect to ORS
				285C.612 and the fees payable to
				and collected by the Department:
(1)
			 The following (non-refundable) amount must accompany the Application:
(a) $5,000; or
(b) $10,000 for a proposed Urban Project.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 623 - STRATEGIC INVESTMENT PROGRAM › Section 123-623-1900 - Community Service Fee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The local
			 agreement included with the Application and described in OAR
			 123-623-1525 or
			 123-623-1550 shall:
(a) Provide for the community service fee
			 under ORS 285C.609(4)(b) and
			 (c) or
			 285C.623(4)(b) and
			 (c); and
(b) Stipulate the means by which the
			 Applicant will annually pay the fee not earlier than December 1 of each tax
			 year for which the Applicant receives the Abatement.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 623 - STRATEGIC INVESTMENT PROGRAM › Section 123-623-1950 - Local Distribution of Community Service Fee

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of annual payments to be received according to OAR
				123-623-1900:
(1) The County shall distribute the entire
			 annual community service fee to:
(a) The
			 County;
(b) City government(s) if
			 any part of Approved Project is located within incorporated
			 territory;
(c) A port if any part
			 of the Approved Project is inside a port district;
(d) Any other local taxing district that
			 levies taxes on property located in a tax code area containing any part of the
			 Approved Project:
(A) Listed under ORS
			 198.010 or
			 198.180; or
(B) In addition to paragraph (A) of this
			 subsection; or
(e) Local
			 organizations or programs that provide a relevant and significant community
			 service, even without taxing authority.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 623 - STRATEGIC INVESTMENT PROGRAM › Section 123-623-1975 - Mandatory Parties to Community Service Fee Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
An effective agreement under ORS
				285C.609(7) or
				285C.623(6) for
				purposes of OAR 123-623-1950 must include at
				least:
(1) The County
			 government;
(2) Any city government
			 described OAR 123-623-1950(1)(b);
(3) Any port described in OAR
			 123-623-1950(1)(c);
(4) Any local taxing district described in
			 OAR 123-623-1950(1)(d),
			 except if using an SIZ, that is:
(a) A health
			 district organized under ORS
			 440.305, and that provides
			 ambulance or other medical emergency response service;
(b) A rural fire protection district
			 organized under ORS chapter 478;
(c) A 9-1-1 communications district organized
			 under ORS 403.300; or
(d) A county service district organized under
			 ORS chapter 451 or other such special district that provides:
(A) Public safety services including but not
			 limited to police or sheriff;
(B)
			 Fire prevention or response services; or
(C) Ambulance, other emergency medical
			 response or emergency communication services; and
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 623 - STRATEGIC INVESTMENT PROGRAM › Section 123-623-2000 - Confidential Records

Current through Register Vol. 63, No. 7, July 1, 2024
As provided under ORS
				192.345,
				192.355 and
				285C.620:
(1) The Department shall not release any
			 information identifying or pertaining to an expected Applicant, or to
			 discussions among it, local governments, or the Department and members of the
			 Commission, before:
(a) Finalization of local
			 approval for the proposed investment based on its being inside an SIZ;
			 or
(b) The County governing body
			 issues a public notice for the public hearing under ORS
			 285C.609(4), if
			 not using an SIZ.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 623 - STRATEGIC INVESTMENT PROGRAM › Section 123-623-2500 - Starting SIP Period and Taxable Bases of Assessment & Taxation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Under ORS
			 307.123(2)(c)
			 the initial tax year for a period of Abatement occurs when:
(a) The total real market value of property
			 comprising the Approved Project, as of the tax year's corresponding assessment
			 date, exceeds the initial amount of the taxable portion according to section
			 (4) or (5) of this rule; and
(b) On
			 or before June 30 immediately preceding the tax year (even if after the
			 assessment date):
(A) Property constituting
			 the project has been exempted under ORS
			 307.330 for two years,
			 regardless of paragraph (B) of this subsection; or
(B) In terms of primary commercial purposes
			 consistent with specifically intended operations described in the Application,
			 such property:
(i) Receives officially
			 necessary but non-temporary certificate(s) of occupancy; or
(ii) Is being used or occupied or is fully
			 ready for use or occupancy, including but not limited to producing finished
			 goods or services, or intermediary outputs for the same, that are otherwise
			 suitable and permissible for sale.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 623 - STRATEGIC INVESTMENT PROGRAM › Section 123-623-3000 - S.I. ZONES - Geography, Duration and Jurisdictions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 There is no limit to the number of SIZs under ORS
			 285C.623, for which any County
			 may seek designation on one or multiple occasions.
(2) The Commission may designate an SIZ that
			 is entirely or partially inside one or more cities that also seek designation
			 as parties with the County to a joint request. The County and any such city do
			 thereby jointly cosponsor the SIZ and are its "sponsor" or
			 "cosponsors."
(3) An SIZ may cover
			 the entire (unincorporated) territory of the County, or it may be as small as a
			 single parcel of land, on which development of an eligible project can feasibly
			 take place, but any SIZ must:
(a) Be entirely
			 contiguous;
(b) Consist of area
			 only in the territory of a single County;
(c) Encompass land exclusive of land inside
			 any other existing SIZ; and
(d)
			 Contain only rural area if including any rural area under ORS
			 285C.600(5) and
			 section 2, chapter 518, Oregon Laws 2015, consistent with OAR
			 123-623-1100(11)
			  and
			 123-623-1115.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 623 - STRATEGIC INVESTMENT PROGRAM › Section 123-623-3100

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  285A.075 &
				  285C.615(7)
Stats. Implemented: ORS
				  285C.623
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 623 - STRATEGIC INVESTMENT PROGRAM › Section 123-623-3200

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  285A.075 &
				  285C.615(7)
Statutes/Other Implemented: ORS
				  285C.623
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 623 - STRATEGIC INVESTMENT PROGRAM › Section 123-623-3300

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  285A.075 &
				  285C.615(7)
Stats. Implemented: ORS
				  285C.623
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 623 - STRATEGIC INVESTMENT PROGRAM › Section 123-623-3400 - Operational Changes to Existing Designations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The sponsor of
			 an existing SIZ may revise any of its documentation, procedures or policies,
			 including but not limited to establishing a different standardized agreement,
			 subject to communicating or submitting revisions to the Department.
(2) The Department may:
(a) Convey the revisions for consideration by
			 the Commission, which may approve them if necessary and appropriate;
			 or
(b) At its sole discretion,
			 simply accept revisions, formally authorize them, or send the Commission a
			 report of any such action, if deeming the revisions to be consistent with the
			 original designation, and to be:
(A) Merely
			 clarifying or enhancing administrative or technical matters;
(B) Changing a substantive criterion or
			 requirement to only a relative degree; or
(C) Of a similar nature that does not warrant
			 full Commission review or sanction.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 623 - STRATEGIC INVESTMENT PROGRAM › Section 123-623-4000 - ANNUAL PROJECT REPORTING - Submission to Department

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of ORS
				285C.615(1) to (3) &
				(6) and the report submitted by a business
				firm subject to Abatement in the property tax year concluding as of the prior
				June 30:
(1) The firm shall complete
			 the prescribed report form available from and furnish it to: Incentives,
			 Business Oregon, State Lands Building Suite 200, 775 Summer Street NE, Salem OR
			 97301, see
www.oregon.gov/biz
.
(2) The firm may send the report form on or
			 after January 1 next following the tax year, but the Department must receive it
			 no later than the immediately subsequent April-1 date or the preceding Friday
			 when April 1 is a Saturday or Sunday.
(3) This reporting requirement applies to any
			 Approved Project beginning with the tax year described in OAR
			 123-623-2500(1).
(4)
(a) This rule applies regardless of any
			 distribution under ORS
			 285C.635(3), or
			 that the most recently concluded tax year is 2029-2030 or later, in that
			 reports will still be required in and after 2031.
(b) Until such time, the Department will use
			 reports to assist the Department of Administrative Services (DAS) in
			 determining distribution amounts under ORS
			 285C.635, as addressed in OAR
			 125-180, insofar as distributions are applicable under section 6(2), chapter
			 905, Oregon Laws 2007.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 623 - STRATEGIC INVESTMENT PROGRAM › Section 123-623-4100 - Reporting Elements

Current through Register Vol. 63, No. 7, July 1, 2024
Respective or in addition to items stipulated under ORS
				285C.615(2),
				the report submitted to the Department by a benefiting business firm described
				in OAR 123-623-4000 must:
(1) State for the applicable tax year, as may
			 be confirmed or corrected through communication with the county assessor:
(a) The real market and assessed value of the
			 entire Approved Project in terms of what was exempt or taxable, as well as
			 corresponding property taxes saved or paid by the firm; and
(b) Which year it was out of the 15 that
			 comprise the Abatement period.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 623 - STRATEGIC INVESTMENT PROGRAM › Section 123-623-4200 - Applicable Employees and Payroll

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of OAR
				123-623-4100(4):
(1) With respect to Total Jobs, the report
			 shall include each of the following totals for the preceding calendar year:
(a) Hours paid;
(b) Taxable income; and
(c) Compensation.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 630 - OREGON LOW INCOME COMMUNITY JOBS INITIATIVE › Section 123-630-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
This division of administrative rules specifies procedures and
				criteria necessary to administer processes under the Oregon Low Income
				Community Jobs Initiative for the certification of a qualified equity
				investment in order to receive a credit allowance for taxes otherwise due under
				ORS chapter 316, 317 or 318.
Stat. Auth.: ORS
				  285C.650 -
				  285C.656 &
				  315.526 -
				  315.536
Stats. Implemented: ORS
				  285C.650 -
				  285C.656 &
				  315.526 -
				  315.536
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 630 - OREGON LOW INCOME COMMUNITY JOBS INITIATIVE › Section 123-630-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of this division of administrative rules,
				additional definitions are found in Procedural Rules, OAR chapter 123-001. As
				used in OAR chapter 123 division 630 the following terms have the meanings set
				forth below and in ORS
				285C.650-285C.656 and ORS
				315.526-315.536, unless the context
				clearly indicates otherwise.
(1)
			 "Applicable percentage" means zero percent for each of the first two credit
			 allowance dates, seven percent for the third credit allowance date and eight
			 percent for the next four credit allowance dates.
(2) "Credit allowance date" means, with
			 respect to any qualified equity investment:
(a) The date on which the investment is
			 initially made; and
(b) Each of
			 the six yearly anniversary dates after that initial date.
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 630 - OREGON LOW INCOME COMMUNITY JOBS INITIATIVE › Section 123-630-0020 - Credit Allowance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 person or entity that makes a qualified equity investment shall, at the time of
			 investment, earn a vested credit against the taxes otherwise due under ORS
			 chapter 316, 317 or 318.
(2) The
			 total amount of the tax credit available to a taxpayer under this section shall
			 equal 39 percent of the purchase price of the qualified equity investment. The
			 applicable percentage is zero percent for years 1 and 2, seven percent for year
			 3 and eight percent for years 4, 5, 6 and 7. A tax credit allowed under this
			 section may not be sold or transferred, with the exception that tax credits
			 that a partnership, limited liability company, S corporation or other
			 pass-through entity is entitled to claim may be allocated to the partners,
			 members or shareholders of the entity for their direct use in accordance with
			 the provisions of any agreement among the partners, members or shareholders.
(3) The holder of a qualified
			 equity investment or any partner, member or shareholder of such holder pursuant
			 to subparagraph 2 above on a particular credit allowance date of the qualified
			 equity investment may claim a portion of the tax credit against its tax
			 liability for the tax year that includes the credit allowance date equal to the
			 applicable percentage for that credit allowance date multiplied by the purchase
			 price of the qualified equity investment.
(4) The credit allowed under this section may
			 not exceed the tax liability of the taxpayer claiming the credit for the tax
			 year in which the credit is claimed.
(5) For qualified low-income community
			 investments made, any tax credit otherwise allowable under this section that is
			 not used by the taxpayer in a particular tax year may be carried forward and
			 offset against the taxpayer's tax liability in any succeeding tax year. Any
			 credit remaining in the next succeeding tax year may be carried forward and
			 used in the second succeeding tax year. Any credit remaining unused in the
			 second succeeding tax year may be carried forward and used in the third
			 succeeding tax year. Any credit remaining unused in the third succeeding tax
			 year may be carried forward and used in the fourth succeeding tax year. Any
			 credit remaining unused in the fourth succeeding tax year may be carried
			 forward and used in the fifth succeeding tax year, but may not be used in any
			 tax year thereafter. For qualified low-income community investments made prior
			 to January 1, 2014, any tax credit otherwise allowed under this section that is
			 not used by the taxpayer in a particular tax year may be carried forward and
			 offset against the taxpayer's tax liability in any succeeding tax
			 year.
Stat. Auth.: ORS
				  315.526 -
				  315.536
Stats. Implemented: ORS
				  315.526 -
				  315.536, ORS 316, 317 or
				  318
Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 630 - OREGON LOW INCOME COMMUNITY JOBS INITIATIVE › Section 123-630-0040 - Ineligible Activities

Current through Register Vol. 63, No. 7, July 1, 2024
Not all projects or businesses will qualify for the Oregon Low
				Income Community Jobs Initiative. Example businesses that are ineligible
				include but are not limited to:
(1)
			 Residential rental;
(2) Owner
			 occupied housing;
(3) Farming
			 operations;
(4) Private or
			 commercial golf courses;
(5)
			 Country clubs;
(6) Massage
			 parlors;
(7) Hot tub facilities;
(8) Suntan facilities;
(9) Racetracks or other facilities used for
			 gambling; and
(10) Any store of
			 which the principal business is the sale of alcoholic beverages for consumption
			 off premises.
Stat. Auth.: ORS
				  285C.650-285C.656,
				  315.526 -
				  315.536
Stats. Implemented: ORS
				  285C.650-285C.656,
				  315.526 -
				  315.536