Chapter 285C — Economic Development III

285C.045 Short title

ORS 285C.050 to 285C.250 shall be known and may be cited as the Oregon Enterprise Zone Act.

285C.050 Definitions for ORS 285C.050 to 285C.250

As used in ORS 285C.050 to 285C.250, unless the context requires otherwise: “Assessment date” and “assessment year” have the meanings given those terms in ORS 308.007. “Authorized business firm” means an eligible business firm that has been authorized under ORS 285C.140. “Business firm” means a person operating or conducting one or more trades or business…

285C.055 Legislative purpose

The Legislative Assembly finds and declares that the health, safety and welfare of the people of this state are dependent upon the continued encouragement, development, growth and expansion of employment, business, industry and commerce throughout all regions of the state, but especially in those communities at the center of or outside major metropolitan are…

285C.060 Duties of Oregon Business Development Department; rules

In addition to any other powers granted by law, for the purpose of administering ORS 285C.050 to 285C.250, the Oregon Business Development Department shall: Adopt any rules the department considers necessary to administer ORS 285C.050 to 285C.250. Assist a sponsor of an enterprise zone in its efforts to retain, expand, start or recruit eligible business fi…

285C.065 Designation of enterprise zone; consent of governing body; positive determination by department required

Any city, county or port may designate an area within the city, county or port as an enterprise zone. A port shall obtain the consent of the governing body of the county prior to designating an area as an enterprise zone. With the prior consent of the governing body of the city or port, a county may, on behalf of a city or port, designate any area within the…

285C.066 Department may adopt certain rules

The Oregon Business Development Department may adopt rules related to: The consent required by resolution of the governing body of a city, county or port under ORS 285C.065 (1) in order for a city, county or port to designate an enterprise zone. The number of enterprise zones that may be designated within a city or other jurisdiction.

285C.067 Consultation with local taxing districts; school support fee rate; rules

Prior to designating an enterprise zone under ORS 285C.065 or 285C.250: The governing body of the city, county or port seeking to designate the enterprise zone shall consult with all local taxing districts with territory in the zone. The governing bodies of the zone sponsor and each school district as defined in ORS 332.002 (2) with territory in the enterp…

285C.068 Port cosponsorship of zones

A port located in whole or in part within an existing enterprise zone may be added as a cosponsor of the enterprise zone by resolution of the governing body of the port, subject to the consent of the existing zone sponsor and with notice to the Oregon Business Development Department. The addition of a port as a cosponsor of an existing enterprise zone under…

285C.070 Election to permit hotels, motels or destination resorts as eligible business firms; procedures; election revocation

The governing body of a city or county that is designating an enterprise zone under ORS 285C.065 or 285C.250 may elect to permit a business firm operating a hotel, motel or destination resort to be an eligible business firm with respect to those operations. The election must be made at the time the zone is designated or any time thereafter and before the ex…

285C.074 Documentation for zone designation or redesignation to be submitted to department; requirements for positive determination

No sooner than the 45th day following compliance with ORS 285C.078 (1), a zone sponsor shall submit to the Oregon Business Development Department documentation of the sponsor’s designation of an enterprise zone under ORS 285C.065 or 285C.250. For purposes of this subsection, the documentation submitted to the department must include: A map clearly indicati…

285C.075 [Formerly 285B.659; 2005 c.704 §7; repealed by 2015 c.648 §25]

285C.078 Notification to department of intent to make designation of enterprise zone or zone or city for electronic commerce; required consultation

Before submitting documentation, as required under ORS 285C.074 or 285C.102, as applicable, of the designation of an enterprise zone under ORS 285C.065 or 285C.250 or a zone or city for electronic commerce under ORS 285C.095 or 285C.100, respectively, the zone sponsor or the governing body of the city shall formally advise the Oregon Business Development Dep…

285C.080 [Formerly 285B.653; 2005 c.704 §§2,2a; 2012 c.71 §1; repealed by 2015 c.648 §25]

285C.085 Federal enterprise zones

The Oregon Business Development Department shall be the lead agency for state participation in a federal enterprise zone program. The Director of the Oregon Business Development Department may take action necessary for such participation to the extent allowed by state law. Any area designated as a federal enterprise zone by an agency of the federal governme…

285C.090 Requirements for area to be designated zone; exception

An enterprise zone must be located in a local area in which: Fifty percent or more of the households have incomes below 80 percent of the median income of this state, as defined by the most recent federal decennial census; The unemployment rate is at least 2.0 percentage points greater than the comparable unemployment rate for this entire state, as defined…

285C.095 Designation for electronic commerce; revocation; positive determination by department required

A sponsor of an existing enterprise zone may designate the zone for electronic commerce under this section by resolution of the governing body of the sponsor. There may be designated at any time no more than 15 zones for electronic commerce. The sponsor may by resolution revoke an electronic commerce designation made under this section. If an election is r…

285C.100 Alternative designation of city for electronic commerce; positive determination by department required

Notwithstanding ORS 285C.095, a city shall be designated for electronic commerce if the city: By resolution of the governing body of the city, declares itself a city designated for electronic commerce; As of January 1, 2002, has a population of more than 1,500 but less than 2,000; Is located less than 25 miles from a city with a population of more than 50…

285C.102 Documentation for designation of zone or city for electronic commerce to be submitted to department; requirements for positive determination; rules

No sooner than the 31st day following compliance with ORS 285C.078 (1), the sponsor of an enterprise zone or the governing body of a city shall submit to the Oregon Business Development Department documentation of the sponsor’s or city’s designation of the zone or city for electronic commerce under ORS 285C.095 or 285C.100, respectively, with sufficient info…

285C.105 Duties of zone sponsor

The sponsor of an enterprise zone shall: Appoint a local zone manager. Upon appointment of the local zone manager, the sponsor shall provide written notice of the appointment to the Oregon Business Development Department, the county assessor and the Department of Revenue. Ensure that any authorized or qualified business firm is able to use or receive enhan…

285C.110 Availability of public property

Subject to the requirements of the Oregon Constitution or any other applicable law, the State of Oregon and municipal corporations that own any real property within an enterprise zone that is zoned for use by eligible businesses and that is not used or designated for some public purpose shall make that real property available for lease or purchase by authori…

285C.115 Change of zone boundaries; positive determination by department required

The sponsor of an enterprise zone may change the boundary of the enterprise zone by resolution of the governing body of the sponsor. The amended enterprise zone shall: Add land zoned for use by eligible business firms that has or will have infrastructure facilities, road access, on-site water, on-site sewage disposal and necessary utility services; Contin…

285C.117 Documentation for zone boundary change to be submitted to department; requirements for positive determination

The sponsor of an enterprise zone shall submit to the Oregon Business Development Department documentation of a boundary change under ORS 285C.115. For purposes of this subsection, the documentation submitted to the department must include: A map clearly indicating the changes made to the boundary; A new description and geographic information system data …

285C.120 Zone boundary change restrictions when county ceases to be sparsely populated; waiver of distance limitations

If the population density of a county increases to more than 100 persons per square mile, so that the county is no longer a sparsely populated county, any existing rural enterprise zone located wholly or partly within that county shall continue to exist with that zone boundary until terminated. A boundary change under ORS 285C.115 that is subsequent to the d…

285C.125 Duties of Department of Revenue; rules

For the purposes of ORS 285C.050 to 285C.250, the Department of Revenue shall: Adopt any rules the Department of Revenue considers necessary to implement ORS 285C.125, 285C.130, 285C.140, 285C.145, 285C.165, 285C.175, 285C.180, 285C.185, 285C.190, 285C.220, 285C.225, 285C.230, 285C.235 and 285C.240. Assist the Oregon Business Development Department, county…

285C.130 Duties of county assessor

The assessor of a county within which an enterprise zone is located shall: Assist the sponsor, the local zone manager appointed by the sponsor and business firms in determining whether property will qualify for a property tax exemption under ORS 285C.175. Review and approve or deny applications from eligible business firms for authorization under ORS 285C.…

285C.135 Eligible business firms; exclusions

To be an eligible business firm, a business firm must be engaged, or proposing to engage, within the enterprise zone, in the business of providing goods, products or services to businesses or other organizations through activities including, but not limited to, manufacturing, assembly, fabrication, processing, shipping or storage. A business firm is not an …

285C.140 Application for authorization; contents; filing fee; conference; approval; appeal; late filing

Any eligible business firm seeking to have property exempt from property taxation under ORS 285C.175 shall, before the commencement of direct site preparation activities or the construction, addition, modification or installation of qualified property in an enterprise zone, and before the hiring of eligible employees, apply for authorization under this secti…

285C.142 Notice to adjacent governments of potential increased infrastructure use

The sponsor of an enterprise zone intending to enter into an agreement with a business firm for purposes of ORS 285C.050 to 285C.250 that may increase the use of infrastructure located outside the zone sponsor’s boundaries shall provide timely notice of the intent to all adjacent local governments within whose boundaries infrastructure may be so affected.

285C.145 Leasing existing property to authorized firm; failure to timely file for authorization; certain records exempt from disclosure

The Legislative Assembly finds that the standard procedure for authorization in an enterprise zone inappropriately deters development or redevelopment of qualified buildings on speculation for subsequent sale or lease to eligible business firms. Notwithstanding ORS 285C.140 (1), a new building or structure or an addition to or modification of an existing bu…

285C.150 Conditions required by sponsor for authorization; reports

The sponsor of an urban enterprise zone may require an eligible business firm seeking authorization under ORS 285C.140 to satisfy other conditions in order for the firm to be authorized. The conditions that a sponsor may impose under this section must be reasonably related to the public purpose of providing opportunities for groups of persons, as defined by…

285C.155 Minimum employment and other requirements for authorization

For purposes of ORS 285C.200 (2): The sponsor of an enterprise zone, at the time authorization is sought by a business firm under ORS 285C.140, shall establish a minimum number of employees the firm must maintain in the enterprise zone throughout the exemption period. The sponsor, at the time authorization is sought by a business firm under ORS 285C.140, m…

285C.160 Agreement between firm and sponsor for additional period of exemption; requirements

An eligible business firm seeking authorization under ORS 285C.140 and the sponsor of the enterprise zone in which the firm intends to invest may enter into a written agreement to extend the period during which the qualified property is exempt from taxation under ORS 285C.175 if the firm complies with the terms of the agreement. The period for which the qua…

285C.162 School support fee in lieu of property taxes; collection; delinquency; appeals

As used in this section, “affected school district” means a school district as defined in ORS 332.002 (2) in which the qualified property of a business firm granted exemption under ORS 285C.175 is located. An agreement entered into under ORS 285C.160 by the governing body of a zone sponsor and a business firm shall provide for a school support fee to be pai…

285C.163 Posting of agreement terms on zone sponsor’s website; rules

An agreement between a zone sponsor and a business firm seeking exemption within the enterprise zone of the sponsor, including, but not limited to, an agreement entered into under ORS 285C.160, may not become effective before the day that is 21 days following the date on which the zone sponsor makes the terms of the agreement public by posting them on the zo…

285C.165 Extension of period of authorization; filing fee

In the case of an authorized business firm that has not yet claimed the exemption under ORS 285C.175 on qualified property: After the January 1, but on or before the April 1, that first occurs more than two years after the application for authorization is approved, an authorized business firm shall submit a written statement to both the sponsor and the coun…

285C.170 Construction-in-process exemption

Property shall be exempt from ad valorem property taxation under this section if: The property is located in an enterprise zone; The property is owned or leased by an authorized business firm or the business firm is contractually obligated to own or lease the property upon the property’s being placed in service; The property is or, upon completion of the …

285C.175 Enterprise zone exemption; requirements; duration

Property of an authorized business firm is exempt from ad valorem property taxation if: The property is qualified property under ORS 285C.180; The firm meets the qualifications under ORS 285C.200; and The firm has entered into a first-source hiring agreement under ORS 285C.215. Except as otherwise provided in ORS 285C.203: The exemption allowed under th…

285C.180 Qualified property generally

The following types of property are qualified for exemption under ORS 285C.175: A newly constructed building or structure. A new addition to or modification of an existing building or structure. Any real property machinery or equipment or personal property, whether new, used or reconditioned, that is installed on property that is owned or leased by an aut…

285C.185 Minimum cost of qualified property; leased property; hotel, motel or destination resort property; electronic commerce property

In order for property to be qualified property under ORS 285C.180, the property must cost: $50,000 or more, in the case of: All real property that is concurrently exempt at the location; or An item of personal property that is not described in paragraph (b) of this subsection. $1,000 or more, in the case of an item of personal property that is used: Exc…

285C.190 Requirements for qualifying reconditioned, refurbished, retrofitted or upgraded property

Notwithstanding ORS 285C.180 (1)(c), an item of reconditioned, refurbished, retrofitted or upgraded real property machinery or equipment that is owned or leased by an authorized business firm is qualified property under ORS 285C.180 if: The real property machinery or equipment is idle: At the time of application for authorization; and For a period of at l…

285C.195 [2003 c.662 §38a; repealed by 2015 c.648 §25]

(Firm and Employment Qualifications)

285C.200 Qualifications of business firm; rules

The qualified property of an authorized business firm may be exempt from property taxation under ORS 285C.175 only if the firm meets the following qualifications: The firm is an eligible business firm engaged in eligible business operations under ORS 285C.135 that are located inside the enterprise zone; The firm owns or leases qualified property that is lo…

285C.203 Suspension of employment requirements; resumption of exemption period; sponsor resolution required

The sponsor of an enterprise zone may suspend the obligation of a qualified business firm to meet the employment requirements of ORS 285C.200 for a period not to exceed two consecutive years if: For two or more consecutive calendar quarters in the previous 12 months, as defined by the most recently available data published or officially provided and verifie…

285C.205 Effect of productivity increases on qualification of certain firms; uses of tax savings

The requirements of ORS 285C.200 (2)(b)(B) are met if the qualified business firm does all of the following: The firm demonstrates at least a 10 percent increase in productivity no later than 18 months following January 1 of the first assessment year for which an exemption under ORS 285C.175 is claimed. Unless further specified by the sponsor of the enterpr…

285C.210 Substantial curtailment of business operations

For purposes of ORS 285C.175, 285C.200 and 285C.240, except as provided in subsection (3) of this section, operations of a business firm within the enterprise zone are substantially curtailed when: Pursuant to the initial claim of exemption and satisfaction of ORS 285C.200 (1)(c), the number of employees of the firm: Is reduced by more than 85 percent from…

285C.215 First-source hiring agreements; rules

The qualified property of an authorized business firm may be exempt from property tax under ORS 285C.175 only if the firm enters into a first-source hiring agreement for the period of property tax exemption. The agreement must be executed prior to the assessment date for the first tax year for which qualified property of the firm is exempt under ORS 285C.175…

285C.220 Exemption claims; contents; late filing; fees

After January 1 and on or before April 1 of the assessment year immediately following the year in which qualified property in an enterprise zone is placed in service, and of each assessment year thereafter for which an exemption is sought, an authorized business firm may file a claim for the exemption allowed under ORS 285C.175. The claim shall be made by c…

285C.225 Sponsor’s addendum; property schedule; amendments

An exemption claim filed under ORS 285C.220 must, when applicable, include a sponsor’s addendum setting forth any information required by the sponsor of the enterprise zone pursuant to ORS 285C.140 (5), 285C.150, 285C.155, 285C.160 or 285C.203. For the first tax year for which qualified property is exempt under ORS 285C.175, the claim filed under ORS 285C.2…

285C.230 Assessor to grant or deny exemption; assistance of sponsor

In granting or denying an exemption under ORS 285C.175, the county assessor may: Reasonably rely on information set forth in the exemption claim filed under ORS 285C.220; and Request and be given assistance from the sponsor before making certain determinations, including but not limited to: Determining if the exemption is being claimed by a qualified busi…

285C.235 Authority of county assessor; authority of sponsor

The county assessor is at all times authorized to demand reports by registered or certified mail from owners or lessees of qualified property concerning the use of the qualified property and the employment status of the qualified business firm for purposes of ORS 285C.050 to 285C.250. If, after 60 days’ notice in writing by registered or certified mail, the …

285C.240 Disqualification; notice and procedures; in lieu payments and additional taxes; penalty; use of moneys

The county assessor of the county in which a qualified business firm is situated and the sponsor shall be notified in writing by the qualified business firm or by the owner of the qualified property leased by the qualified business firm not later than July 1 following the assessment year for which the exemption is claimed and in which one of the following ev…

285C.245 Termination; reservation zones; effect of termination on exemption; disqualification

An enterprise zone designated under ORS 285C.050 to 285C.250 shall terminate on the earliest of the date on which: Ten years plus that number of days necessary to delay the date of termination to the June 30 next following have elapsed since the effective date of the designation; The termination is requested or ordered under subsection (2) or (3) of this s…

285C.250 Redesignation or designation of new zone following zone termination

Within a reasonable period of time prior to the termination of an enterprise zone under ORS 285C.245, the sponsors of the enterprise zone may redesignate the enterprise zone in accordance with ORS 285C.065 and 285C.074, except that the redesignation shall take effect no sooner than the date of termination. The sponsor of an enterprise zone terminated under …

285C.255 Sunset of enterprise zone program

Notwithstanding any other provision of ORS 285C.050 to 285C.250: An area may not be designated as an enterprise zone after June 30, 2032; A business firm may not obtain authorization under ORS 285C.140 after June 30, 2032; and An enterprise zone, except for a reservation enterprise zone or a reservation partnership zone, that is in existence on June 29, 2…

285C.260 [Formerly 285B.731; renumbered 285C.045 in 2005]

RESERVATION ENTERPRISE ZONES; RESERVATION PARTNERSHIP ZONES

285C.300 Definitions for ORS 285C.300 to 285C.320

As used in ORS 285C.300 to 285C.320: “Eligible business” means a business that: Is engaged within a reservation enterprise zone or a reservation partnership zone in the manufacture or provision of goods, products or services to other businesses or to the general public, through activities including, but not limited to, manufacturing, assembly, fabrication,…

285C.303 Legislative findings

The Legislative Assembly finds that the welfare of the residents of the rural Indian reservations of this state is acutely dependent upon the growth, development and expansion of employment and business opportunities within reservation boundaries. Geographic and other obstacles have made it difficult for rural Indian reservations to attract and retain privat…

285C.306 Reservation enterprise zones and reservation partnership zones

As used in this section, “eligible Indian tribe” means each of the Burns Paiute Tribe, the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians, the Confederated Tribes of the Grand Ronde Community of Oregon, the Confederated Tribes of Siletz Indians of Oregon, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of Wa…

285C.309 [Formerly 285B.773; 2010 c.76 §24; renumbered 315.506 in 2017]

285C.320 Status of reservation enterprise zone and reservation partnership zone; sponsor

A reservation enterprise zone and a reservation partnership zone are rural enterprise zones for purposes of ORS 285C.050 to 285C.250. Reservation enterprise zones and reservation partnership zones may not be taken into account in determining the number of rural enterprise zones allowable in this state under ORS 285C.050 to 285C.250, and are not subject to n…

285C.350 Definitions for ORS 285C.350 to 285C.370

As used in ORS 285C.350 to 285C.370: “Applicant” means the city, county or group of counties applying for designation of territory as a rural renewable energy development zone. “Renewable energy” means electricity that is generated through use of a renewable energy resource, as defined in ORS 469B.130, or a liquid, gaseous or solid fuel for commercial sale…

285C.353 Designation of rural renewable energy development zones; requirements; multiple designations; zone sponsor

A county, a city in a rural area or a combination of contiguous counties may apply to the Director of the Oregon Business Development Department for designation of the entire territory of the applicant that is located in a rural area as a rural renewable energy development zone. An application for designation of a rural renewable energy development zone sha…

285C.356 Application for authorization

Following designation of a rural renewable energy development zone, an eligible business firm seeking an exemption under ORS 285C.362 may apply for authorization under ORS 285C.140. The firm shall include a written description of the locations, extent and expected real market value of the proposed renewable energy development project. The firm shall be aut…

285C.359 Qualified property

Property shall qualify for exemption under ORS 285C.362 if the property meets all of the following requirements: The property constitutes all or a part of a facility used to generate renewable energy or is used to support or maintain a renewable energy facility; The property is newly constructed or installed in the rural renewable energy development zone; …

285C.362 Exemption; requirements; duration

Property of an authorized business firm is exempt from ad valorem property taxation if: The property is qualified property under ORS 285C.359; The firm meets the qualifications under ORS 285C.200; and The firm has entered into a first-source hiring agreement under ORS 285C.215. Notwithstanding subsection (1)(b) of this section, property that otherwise qu…

285C.365 Application of enterprise zone laws

Except where inconsistent with the provisions of ORS 285C.350 to 285C.370, the provisions of ORS 285C.050 to 285C.250 apply to rural renewable energy development zones as if rural renewable energy development zones were enterprise zones, and to the exemption or disqualification from exemption of property located in rural renewable energy development zones.

285C.370 Rules

The Oregon Business Development Department may adopt rules for implementing and administering ORS 285C.350 to 285C.370, including rules that define terms. LONG TERM TAX INCENTIVES FOR RURAL ENTERPRISE ZONES

285C.400 Definitions for ORS 285C.400 to 285C.420

As used in ORS 285C.400 to 285C.420: “Business firm” has the meaning given that term in ORS 285C.050. “Certified business firm” means a business firm that has been certified under ORS 285C.403. “County with chronically low income or chronic unemployment” means, based on the most recently revised annual average unemployment rate or annual per capita income…

285C.403 Certification of business firm; fulfillment centers ineligible; application; written agreement; period of exemption; appeals

A business firm proposing to apply for the tax exemption provided under ORS 285C.409 shall, before the commencement of construction or installation of property or improvements at a location in a rural enterprise zone and before the hiring of employees, apply for certification with the sponsor of the zone and with the county assessor of the county or counties…

285C.404 Notice to adjacent governments of potential increased infrastructure use

The sponsor of a rural enterprise zone intending to enter into an agreement with a business firm for purposes of ORS 285C.400 to 285C.420 that may increase the use of infrastructure located outside the zone sponsor’s boundaries shall provide timely notice of the intent to all adjacent local governments within whose boundaries infrastructure may be so affecte…

285C.405 School support fee in lieu of property taxes; collection; delinquency; appeals

As used in this section, “affected school district” means a school district as defined in ORS 332.002 (2) in which the facility of a business firm granted exemption under ORS 285C.409 is located. An agreement entered into under ORS 285C.403 by the governing body of a zone sponsor and a business firm shall provide for a school support fee to be paid in lieu …

285C.406 [Formerly 285B.796; 2005 c.94 §15; 2005 c.667 §3; 2007 c.888 §2; 2009 c.913 §2; 2011 c.375 §2; 2011 c.730 §6; 2023 c.298 §14; renumbered 285C.408 in 2023]

285C.407 Posting of agreement terms on zone sponsor’s website; rules

An agreement between a zone sponsor and a business firm seeking exemption within the rural enterprise zone of the sponsor, including, but not limited to, a written agreement entered into under ORS 285C.403, may not become effective before the day that is 21 days following the date on which the zone sponsor makes the terms of the agreement public by posting t…

285C.408 Claiming property tax exemption or income tax credit

In order for a taxpayer to claim the property tax exemption under ORS 285C.409 or a corporate excise or income tax credit under ORS 317.124: The written agreement between the business firm and the rural enterprise zone sponsor that is required under ORS 285C.403 (3)(c) must be entered into prior to the termination of the enterprise zone under ORS 285C.245 o…

285C.409 Property tax exemption; requirements; duration

A facility of a certified business firm is exempt from ad valorem property taxation: For the first tax year following the calendar year in which the business firm is certified under ORS 285C.403 or after which construction or reconstruction of the facility commences, whichever occurs later; For each subsequent tax year in which the facility is not yet in s…

285C.412 Conditions for continued exemption

In order for a facility of a business firm to continue to be exempt from ad valorem property taxation under ORS 285C.409 for a tax year following the first assessment date on which the facility is in service, all of the conditions of any one of the alternative subsections in this section must be met: In order for the exemption under ORS 285C.409 (1)(c) to b…

285C.415 Business firm notice to county assessor and zone sponsor; data submission; zone sponsor annual data report; disqualification; cure; rules

A certified business firm that has failed to satisfy an applicable requirement under ORS 285C.412 as of the deadline for meeting the requirement shall notify the county assessor and zone sponsor in writing of the failure as soon as practicable after the deadline. A certified business firm that has satisfied an applicable requirement under ORS 285C.412 shall…

285C.420 Disqualification; exception; additional taxes

If a certified business firm does not begin operations or is not reasonably expected to begin operations, as determined by the county assessor consistent with criteria established by rule of the Department of Revenue, or fails to meet the minimum requirements set forth in ORS 285C.412 or the requirements under ORS 285C.415 (3)(a), while receiving an exemptio…

285C.450 [Formerly 285B.825; 2005 c.119 §2; renumbered 307.841 in 2005]

285C.453 [Formerly 285B.827; 2005 c.119 §3; renumbered 307.844 in 2005]

285C.456 [Formerly 285B.830; 2005 c.119 §4; renumbered 307.847 in 2005]

285C.459 [Formerly 285B.833; 2005 c.119 §5; renumbered 307.851 in 2005]

285C.462 [Formerly 285B.848; 2005 c.119 §6; renumbered 307.854 in 2005]

285C.465 [Formerly 285B.839; 2005 c.119 §7; renumbered 307.857 in 2005]

285C.468 [Formerly 285B.842; 2005 c.119 §8; renumbered 307.861 in 2005]

285C.471 [Formerly 285B.845; 2005 c.119 §9; renumbered 307.864 in 2005]

285C.480 [Formerly 285B.836; 2005 c.119 §10; renumbered 307.867 in 2005]

BUSINESS DEVELOPMENT INCOME TAX EXEMPTION

285C.495 Short title

ORS 285C.500 to 285C.506 may be cited as the Oregon Investment Advantage Act.

285C.500 Definitions for ORS 285C.500 to 285C.506

As used in ORS 285C.500 to 285C.506: “Business firm” has the meaning given that term in ORS 285C.050. “County per capita personal income” means the per capita personal income level published by the Bureau of Economic Analysis of the United States Department of Commerce for a county. “County unemployment rate” means the most recently available unemployment…

285C.503 Preliminary certification of facility; application; fee; review; appeal

A business firm seeking the income and corporate excise tax exemption allowed under ORS 316.778 or 317.391 shall, before the commencement of construction, reconstruction, modification or installation of property or improvements at the location for which the exemption is sought and before the hiring of any employees at that location, apply to the Oregon Busin…

285C.506 Annual certification of facility; application; fee; review; appeal; duration of certification

Following completion of the construction, reconstruction, modification, acquisition, installation or lease of the facility, the hiring of employees to conduct business operations at the facility and the commencement of operations at the facility, a business firm that obtained preliminary certification under ORS 285C.503 may apply for annual certification und…

285C.530 [Formerly 285B.486; repealed by 2011 c.83 §4]

285C.533 [Formerly 285B.488; repealed by 2011 c.83 §4]

RENEWABLE ENERGY RESOURCE EQUIPMENT MANUFACTURING FACILITIES

285C.540 Definitions for ORS 285C.540 to 285C.559

As used in ORS 285C.540 to 285C.559: “Component parts of electric vehicles” does not include: Parts that may be used in both electric and conventional vehicles; or Batteries. “Cost” means the capital costs and expenses necessarily incurred in the erection, construction, installation and acquisition of a facility. “Electric vehicles” means vehicles that …

285C.543 Rules; criteria for renewable energy resource equipment manufacturing facilities

The Oregon Business Development Department shall by rule establish all of the following criteria: Standards relating to the type of equipment, machinery or other products being manufactured and related performance and efficiency standards applicable to the manufactured products; Standards, consistent with the definitions in ORS 285C.540 and relating to wha…

285C.545 Annual limit to cost of facility in granting tax credits; discretion of director

For a renewable energy resource equipment manufacturing facility, the total cost that receives a preliminary certification from the Director of the Oregon Business Development Department for tax credits in any calendar year may not exceed: $2.5 million in the case of a facility used to manufacture electric vehicles or component parts of electric vehicles; o…

285C.547 Application for preliminary certification; eligibility; contents; fees; rules

Prior to erection, construction, installation or acquisition of a proposed renewable energy resource equipment manufacturing facility, any person may apply to the Oregon Business Development Department for preliminary certification under ORS 285C.551 if: The facility complies with the standards or rules adopted by the Director of the Oregon Business Develop…

285C.549 Transferability of facility tax credit

The owner, contract purchaser or lessee of a renewable energy resource equipment manufacturing facility may transfer a tax credit for the facility in exchange for a cash payment equal to the present value of the tax credit. The Director of the Oregon Business Development Department shall establish by rule a formula to be employed in the determination of pri…

285C.551 Submission of plans, specifications and contract terms; preliminary certification; suspension or denial

The Director of the Oregon Business Development Department may require the submission of plans, specifications and contract terms and after examination of the plans, specifications and terms, may request corrections and revisions. If the director determines that the proposed erection, construction, installation or acquisition is technically feasible and sho…

285C.553 Final certification; eligibility; application; content; performance agreement; rules

A final certification may not be issued by the Director of the Oregon Business Development Department under this section unless: The renewable energy resource equipment manufacturing facility was erected, constructed, installed or acquired under a preliminary certificate of approval issued under ORS 285C.551 or 469B.157; The applicant demonstrates the abil…

285C.555 Rules; fees for certification

By rule and after hearing, the Director of the Oregon Business Development Department may adopt a schedule of reasonable fees that the Oregon Business Development Department may require of applicants for preliminary or final certification under ORS 285C.540 to 285C.559. Before the adoption or revision of the fees, the department shall estimate the total cost…

285C.557 Certification required for tax credits; certification not to exceed five years; use by transferee

A certificate issued under ORS 285C.553 or 469B.161 is required for purposes of obtaining tax credits in accordance with ORS 315.341. Such certification shall be granted for a period not to exceed five years. The five-year period shall begin with the tax year of the applicant during which the completed application for final certification of the facility unde…

285C.559 Revocation of certificate; collection

Under the procedures for a contested case under ORS chapter 183, the Director of the Oregon Business Development Department may order the suspension or revocation of the certificate issued under ORS 285C.553 or 469B.161 if the director finds that: The certification was obtained by fraud or misrepresentation; The holder of the certificate or the operator of…

285C.600 Definitions for ORS 285C.600 to 285C.635

As used in ORS 285C.600 to 285C.635: “Affected port” means: A port district located east of the westernmost dam on the Columbia River; or A port district that owns land on which any part of a proposed eligible project will be located. “Business firm” has the meaning given that term in ORS 285C.050. “Consumer Price Index for All Urban Consumers, West Reg…

285C.603 Legislative purpose

The Legislative Assembly declares that a significant purpose of the strategic investment program established in ORS 285C.600 to 285C.635 and 307.123 is to improve employment in areas where eligible projects are to be located and urges business firms that will benefit from an eligible project to hire employees from the region in which the eligible project is …

285C.606 Eligibility of projects for tax exemption; exclusions; revenue bond financing; first-source hiring agreements and job fairs

The State of Oregon, acting through the Oregon Business Development Commission, may determine that real and personal property constituting a project shall receive the tax exemption provided in ORS 307.123 if: The project is an eligible project; The project directly benefits a traded sector industry, as defined in ORS 285B.280; and The total cost of the pr…

285C.609 Request by county; local negotiation training; community services fee agreement; distribution of fee proceeds

A determination under ORS 285C.606 (1) by the Oregon Business Development Commission that a project shall be exempt from property taxation under ORS 307.123 must be requested by official action of the governing body of the county in which the proposed eligible project will be located, taken at a regular or duly called special meeting of the governing body. T…

285C.612 Eligible project application fees

The Oregon Business Development Commission shall collect the fees set forth in subsection (2) of this section from an applicant that seeks to have the real and personal property constituting the eligible project declared eligible for the tax exemption provided in ORS 307.123. The fee may be collected even though the project has not been determined to be elig…

285C.615 Annual participant reports; penalty; disclosure; rules

On or before April 1 of each tax year that property is exempt under ORS 307.123, the business firm that owns or leases the property shall submit a report to the Oregon Business Development Department, in addition to any other reporting or filing requirement. The report shall be in a form prescribed by the Oregon Business Development Department and shall inc…

285C.620 Confidentiality of project information

Notwithstanding ORS 192.311 to 192.478, the identity of an applicant for an eligible project determination under ORS 285C.606, the application form submitted to the county governing body and the Oregon Business Development Commission and the negotiations conducted between the applicant and the county shall be confidential, until the county governing body giv…

285C.623 Strategic investment zones; designation; community services fee agreement; distribution of fee proceeds

A county seeking to ensure that all eligible projects constructed or installed within a particular geographic area within the county receive the tax exemption under ORS 307.123 may request designation of the geographic area as a strategic investment zone. The request must be made by official action of the governing body of the county taken at a regular or du…

285C.626 Business firm application for project within strategic investment zone

A business firm seeking the exemption under ORS 307.123 for a project the firm intends to install or construct within a strategic investment zone shall apply to the Oregon Business Development Department. The application shall be in the form and shall contain the information required by the department. A completed application containing all of the required …

285C.635 Determination of personal income tax revenue; distributions to counties; annual limit; rules

Upon receipt of information compiled under ORS 285C.615, the Oregon Department of Administrative Services shall determine the annual amount of personal income tax revenue attributable to retained jobs and newly created jobs for each eligible project for which an eligible business firm received a property tax exemption under ORS 307.123. The amount of person…

285C.639 [2007 c.905 §4; 2013 c.722 §51; repealed by 2015 c.757 §4]

OREGON LOW INCOME COMMUNITY JOBS INITIATIVE

285C.650 Certification as qualified equity investment; eligibility for tax credit; rules; fees

A qualified community development entity that seeks to have an equity investment or long-term debt security certified as a qualified equity investment and eligible for a tax credit under ORS 315.533 shall apply to the Oregon Business Development Department. The department shall establish by rule application procedures for applications for certification. The …

285C.653 Tax credit utilization limit per tax year; rules

Once the Oregon Business Development 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. This limitation shall be based on the scheduled utilization of tax credits …

285C.656 Suspension or revocation of certificate; recapture of tax credit

The Director of the Oregon Business Development Department may order the suspension or revocation of a certificate or a portion of a certificate issued under ORS 315.533, as provided in ORS 315.061. The Department of Revenue may recapture any portion of a tax credit allowed under ORS 315.533 if: Any amount of federal tax credit that might be available with…

285C.659 Report; posting on Oregon transparency website required

The Oregon Business Development Department shall annually prepare a report that discloses all costs and fees incurred by the department, or by any other state agency, in administering, during the agency fiscal year ending during the current calendar year, the tax credit allowed under ORS 315.533. The report required under this section shall also provide inf…