(2) The governing body of the county shall forward appropriate actions requesting zone establishment to the Oregon Business Development Department for consideration by the Oregon Business Development Commission. If the commission determines that the proposed zone is likely to achieve the purpose set forth in ORS 285C.603 and other objectives established for the zone by the requesting county, the department or the commission, the commission shall designate the geographic area a strategic investment zone.
(3) Any eligible project described in ORS 285C.606 (2) and newly constructed or installed after the date of zone designation under this section shall qualify for exemption under ORS 307.123 if the business firm benefited by the eligible project complies with the fee agreement described in subsection (4) of this section.
(4) The county may not make the request under subsection (1) of this section unless, after a public hearing:
(a) The county and, if the proposed zone will be located within a city, the city have entered into an agreement described in this subsection.
(b) The agreement provides for the payment of a fee by each business firm that is to own or operate an eligible project within the proposed zone, as a condition for the exemption under ORS 307.123. The agreement shall provide for the payment of the fee, as follows:
(A) The fee shall be for community services support that relates to the direct impact of the eligible project on public services.
(B) The fee shall be in an amount equal to 25 percent of the property taxes that would, but for the exemption, be due on the exempt property in each assessment year, but not exceeding $2 million per eligible project in any year or, if the eligible project is located in a rural area, $500,000 per eligible project in any year.
(C) The fee shall be paid annually during the tax exemption period by each business firm having an eligible project within the zone, as of a date set forth in the agreement.
(c) The agreement provides for the refunding or crediting of overpayments, for interest on late payments or underpayments and for the manner in which the appeal of the assessed value of the property included in the project will affect the fee.
(5) The agreement described in subsection (4) of this section may provide for any other requirements that each business firm must comply with in order for the eligible project of the firm to qualify for exemption under ORS 307.123.
(6)(a) The fee collected under subsection (4)(b) of this section shall be distributed by the county based on an additional agreement described in this subsection. An agreement described in this subsection is effective only if:
(A) The county and the city, if any, in which the eligible project is located have entered into the agreement; and
(B) Local taxing districts listed in ORS 198.010 or 198.180 that constitute at least 75 percent of the property tax authority of all local taxing districts listed in ORS 198.010 or 198.180 that are in the code area in which the eligible project is located have entered into the agreement.
(b) If an additional agreement is not entered into under paragraph (a) of this subsection within three months after the date of the determination by the commission under ORS 285C.606 (1), the commission shall, by official action, establish a formula for distributing the fee collected under subsection (4)(b) of this section. [2005 c.237 §5]
Structure 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.066 - Department may adopt certain rules.
Section 285C.067 - Consultation with local taxing districts; rules.
Section 285C.068 - Port cosponsorship of zones.
Section 285C.085 - Federal enterprise zones.
Section 285C.090 - Requirements for area to be designated zone; exception.
Section 285C.105 - Duties of zone sponsor.
Section 285C.115 - Change of zone boundaries; positive determination by department required.
Section 285C.125 - Duties of Department of Revenue; rules.
Section 285C.130 - Duties of county assessor.
Section 285C.135 - Requirements for eligibility.
Section 285C.150 - Conditions required by sponsor for authorization; reports.
Section 285C.155 - Minimum employment and other requirements for authorization.
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.200 - Qualifications of business firm; rules.
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.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.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.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.559 - Revocation of certificate; collection.
Section 285C.600 - Definitions for ORS 285C.600 to 285C.635.
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.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.