Current through Register Vol. 63, No. 9, September 1, 2024
(1) For purposes of
this division administrative rules, the following terms are defined based on
the federal CHIPS for America Act with the applicable federal statute cited
with each term:
(a) The term "covered entity"
means a nonprofit entity, a private entity, a consortium of private entities,
or a consortium of nonprofit, public, and private entities with a demonstrated
ability to substantially finance, construct, expand, or modernize a facility.
(15 U.S.C.
4651(2)).
(b) The term "covered incentive":
(A) means an incentive offered by a
governmental entity to a covered entity for the purposes of constructing a
facility within the jurisdiction of the governmental entity, or expanding or
modernizing an existing facility within that jurisdiction; and
(B) a workforce-related incentive (including
a grant agreement relating to workforce training or vocational education), any
concession with respect to real property, funding for research and development
with respect to semiconductors, and any other incentive determined appropriate
by the U.S. Secretary of Commerce, in consultation with the U.S. Secretary of
State. (15 U.S.C.
4651(3)).
(c) The term "Facility" means a
facility relating to fabrication, assembly, testing, advanced packaging,
production, or research and development of semiconductors; facility relating to
materials used to manufacture semiconductors; or facility relating to
semiconductor manufacturing equipment. (15 U.S.C.
4651(2)).
(2) Both existing state incentives
and programs and new incentives and programs from Oregon CHIPS Act are intended
to qualify as covered incentives for the purposes of the federal CHIPS for
America Act. Additional incentives and programs are pending with 82nd Oregon
Legislative Assembly. The following are intended to qualify as covered
incentives for purposes of the federal CHIPS for America Act:
(a) State financial awards of grants and
loans to covered entities, pursuant to sections 1 to 6, chapter 25, Oregon Laws
2023 and as further defined by this division of rules;
(b) Lands designated by an executive order
and brought within an existing urban growth boundary for the purposes of making
designated lands available for industrial use as a site for facility by one or
more covered entities pursuant to section 10, chapter 25, Oregon Laws 2023 are
intended to serve as concessions with respect to real property, and therefore
qualify;
(c) Enterprise zone
(standard, long-term rural, tribal, and electronic commerce enterprise zone)
property tax abatements provided to covered entities; and
(d) Strategic Investment Program (SIP)
property tax exemptions to covered entities.
Statutory/Other Authority: ORS
285A.075 & OR Laws 2023 Ch.
25 §§1 & 10
Statutes/Other Implemented: OR Laws 2023 Ch. 25 §§1
& 10
