Current through Register Vol. 63, No. 9, September 1, 2024
For purposes of the written agreement between a certified
business firm and the sponsor of the rural enterprise zone under ORS
285C.403(3)(c)
and(4):
(1) The agreement is to include but is not
limited to the following:
(a) Acknowledgment
of the planned or pending application for certification under ORS
285C.403(1) and
(2);
(b) Concise description of the firm's
proposed investments, Facility Site and workforce;
(c) Specification of the obligations that the
proposed investments and workforce must satisfy under ORS
285C.412, which the agreement in
no way supersedes;
(d)
Identification of all the parties to the agreement and their
representatives;
(e) Zone sponsor's
explicit approval for the firm to receive the exemption under ORS
285C.409 on qualifying facility
property;
(f) Provision under ORS
285C.403(4)(a)
for the number of consecutive years that comprise the period of exemption under
ORS 285C.409(1)(c),
beginning in the year directly after the facility is placed in service:
(A) Shall be not less than 7 and not more
than 15 years (but it is only 7 years if nothing is said on the matter);
and
(B) May adjust at the election
of the business firm or upon fulfillment of a certain condition or criterion,
such that it:
(i) Expires early after at least
seven years but before the stated number of years, at which point statutory or
local additional requirement are no longer in effect or enforceable under ORS
285C.420 or otherwise;
or
(ii) Extends a certain number of
years beyond the stated number of years but not to more than 15 years in total;
and
(g) With
respect to additional conditions or requirements by the zone sponsor under ORS
285C.403(2)(e) and
(4)(c) according to OAR
123-668-2000(1),
either:
(A) Indication that the sponsor is not
imposing or requesting any such condition or requirement; or
(B) Specification of any such condition or
requirement, in accordance with OAR
123-668-2000 to
123-668-2500, including but not
limited to standards and methods for demonstrating satisfaction of the
condition or requirement, as well as consequences of noncompliance, such that
the business firm expressly acknowledges when noncompliance would entail
retroactive disqualification of the exemption, termination of the remaining
exemption period, or an alternative consequence.
(2) The agreement may be:
(a) Part of a broader accord involving
parties other than the business firm and the sponsor, insofar as the accord
still conforms to section (1) of this rule.
(b) Preapproved or subsequently authorized by
resolution or by other means of the zone sponsor, or of each cosponsor,
consistent with OAR 123-668-2400 and
123-668-2450.
(c) For more than one facility, each of which
is subject to its own application and certification.
(3) An authorized representative or
representatives of the business firm and of the zone sponsor must execute the
agreement:
(a) On or after the effective date
on which:
(A) The zone is designated or some
or all of the Facility Site is amended into the zone through a change in the
boundary of the zone; and
(B) The
county containing the Facility Site satisfies definitions under ORS
285C.400(3) or
(5) in accordance with OAR
123-690-0500; and
(b) Before:
(A) The zone has terminated; or
(B) The county becomes ineligible due to the
opposite effect of paragraph (a)(B) of this section.
(4) The sponsor shall provide a
copy of the signed and dated written agreement to the Department, which shall
review the agreement, and if the following are accurate, the Department shall
issue a letter for attachment to the written agreement confirming that:
(a) On the date of its execution it
effectively satisfied section (3) of this rule, and one party to the agreement
is the sponsor of the rural enterprise zone; and
(b) The agreement appears to generally
conform to the description in section (1) of this rule.
(5) Following the effective date of the
enterprise zone's termination, the agreement may not be substantially modified,
replaced, amended, supplemented or terminated.
(6) Any agreement entered into on or after
September 24, 2023:
(a) Shall take effect only
in accordance with OAR 123-668-3000; and
(b) Is not valid unless stipulating a rate
for the school support fee under ORS
285C.403(4)(b)
in accordance with OAR 123-668-4000 and 123-668-4100.
Statutory/Other Authority: ORS
285A.075
Statutes/Other Implemented: ORS
285C.403,
285C.405,
285C.407,
285C.408 &
285C.409
