2021 Oregon Revised Statutes
Chapter 285C - Economic Development III
Section 285C.403 - Certification of business firm; application; review; appeal.


(2) The application shall contain the following information:
(a) A description of the firm’s proposed business operations and facility in the rural enterprise zone;
(b) A description and estimated cost or value of the property or improvements to be constructed or installed at the facility;
(c) An estimate of the number of employees at the facility that will be hired by the firm;
(d) A commitment to meet the applicable requirements of ORS 285C.412;
(e) A commitment to satisfy all additional conditions agreed to pursuant to the written agreement between the rural enterprise zone sponsor and the business firm under subsection (3)(c) of this section; and
(f) Any other information considered necessary by the Department of Revenue.
(3) The sponsor and the county assessor shall certify the business firm by approving the application if the sponsor and the county assessor determine that all of the following requirements have been met:
(a) The governing body of the county and city in which the facility is located has adopted a resolution approving the property tax exemption for the facility.
(b) The business firm has committed to meet the applicable requirements of ORS 285C.412.
(c) The business firm has entered into a written agreement with the sponsor of the rural enterprise zone that may include any additional requirements that the sponsor may reasonably request, including but not limited to contributions for local services or infrastructure benefiting the facility. The written agreement shall state the number of consecutive tax years for which the facility, following commencement of operations, is to be exempt from property tax under ORS 285C.409. The agreement may not provide for a period of exemption that is less than seven consecutive tax years or more than 15 consecutive tax years. If the agreement is silent on the number of tax years for which the facility is to be exempt following placement in service, the exemption shall be for seven consecutive tax years.
(d) When the written agreement required under paragraph (c) of this subsection is executed, the facility is located in:
(A) A qualified rural county; or
(B) A county with chronically low income or chronic unemployment, based on the most recently revised annual data available.
(4) The approval of an application by both the sponsor and the county assessor under subsection (3) of this section shall be prima facie evidence that the business firm will qualify for the property tax exemption under ORS 285C.409.
(5) The sponsor and the county assessor shall provide copies of an approved application to the applicant, the Department of Revenue and the Oregon Business Development Department.
(6) If the sponsor or the county assessor fails or refuses to certify the business firm, the business firm may appeal to the Oregon Tax Court under ORS 305.404 to 305.560. The business firm shall provide copies of the firm’s appeal to the sponsor, the county assessor, the Oregon Business Development Department and the Department of Revenue. [Formerly 285B.783; 2005 c.94 §14; 2017 c.610 §33]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 07 - Public Facilities and Finance

Chapter 285C - Economic Development III

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

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

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

Section 285C.066 - Department may adopt certain rules.

Section 285C.067 - Consultation with local taxing districts; rules.

Section 285C.068 - Port cosponsorship of zones.

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

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

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

Section 285C.085 - Federal enterprise zones.

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

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

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

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

Section 285C.105 - Duties of zone sponsor.

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

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

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

Section 285C.125 - Duties of Department of Revenue; rules.

Section 285C.130 - Duties of county assessor.

Section 285C.135 - Requirements for eligibility.

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

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

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

Section 285C.155 - Minimum employment and other requirements for authorization.

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

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

Section 285C.170 - Construction-in-process exemption.

Section 285C.175 - Enterprise zone exemption; requirements; duration.

Section 285C.180 - Qualified property generally.

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

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

Section 285C.200 - Qualifications of business firm; rules.

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

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

Section 285C.210 - Substantial curtailment of business operations.

Section 285C.215 - First-source hiring agreements; rules.

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

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

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

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

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

Section 285C.245 - Termination; effect of termination on property; procedures.

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

Section 285C.255 - Sunset of enterprise zone program.

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

Section 285C.306 - Reservation enterprise zones and reservation partnership zones.

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

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

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

Section 285C.356 - Application for authorization.

Section 285C.359 - Qualified property.

Section 285C.362 - Exemption; requirements; duration.

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

Section 285C.403 - Certification of business firm; application; review; appeal.

Section 285C.406 - Claiming property tax exemption or income tax credit.

Section 285C.409 - Property tax exemption; requirements; duration.

Section 285C.412 - Conditions for continued exemption.

Section 285C.420 - Disqualification; exception; additional taxes.

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

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

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

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

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

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

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

Section 285C.549 - Transferability of facility tax credit.

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

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

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

Section 285C.559 - Revocation of certificate; collection.

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

Section 285C.606 - Determination of projects for tax exemption; limitations; revenue bond financing; first-source hiring agreements.

Section 285C.609 - Request by county; community services fee agreement; distribution of fee proceeds.

Section 285C.612 - Eligible project application fees.

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

Section 285C.623 - Strategic investment zones; establishment; fees.

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

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

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

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

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

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