Current through Register Vol. 63, No. 9, September 1, 2024
(1) An applicant seeking a forgivable loan
for a planning project under Section 16, chapter 25, 2023 Oregon Laws, must
demonstrate in the Program application that the proposed planning project, as
that term is defined, is an eligible project under the Act.
(2) An applicant seeking financial assistance
for a development project under Section 15, chapter 25, 2023 Oregon Laws, must
demonstrate in the Program application that the proposed project is an
industrial land development project as that term is defined in OAR
123-099-0020(11)
and is an eligible project under the Act.
(3) To comply with this rule, an applicant
must demonstrate in the application to the Department's satisfaction that the
proposed project is suitable for new semiconductor industry uses, or the
expansion of existing semiconductor industry uses that could reasonably provide
significant additional employment in Oregon. When reviewing and evaluating
Program applications for compliance with this requirement, the Department shall
give preferences to projects that can demonstrate a reasonable likeliness to:
(a) Aid in the addition of at least 100
additional semiconductor industry jobs in Oregon; or
(b) Aid in the addition of at least 1
additional semiconductor industry job in Oregon per $45,000 of Program
financial assistance provided.
(4) To comply with this rule, an applicant
must demonstrate in the application the proposed project has:
(a) Land characteristics that provide
significant competitive advantages that are difficult or impossible to
replicate;
(b) Access to
transportation and freight infrastructure, including, but not limited to, rail,
port, airport, multimodal freight or transshipment facilities and other major
transportation facilities or routes;
(c) Land zoned for industrial use that is
located within 50 miles from present semiconductor industry clusters in Oregon
(i.e. Corvallis, Eugene, Gresham, Hillsboro, Medford and Redmond). The
Department presumes that such locations provide significant competitive
advantages that are difficult or impossible to replicate and have access to the
requisite transportation and freight infrastructure.
(5) Applicant eligibility
(a) An applicant must demonstrate eligibility
by detailing how the public entity or private owner meets the requirements of a
Project Sponsor.
(b) For the
Department to confirm eligibility, a private owner applicant must provide
within or attached to its application either:
(A) evidence to the Department's satisfaction
of the private entity's investment in the preparation of the industrial land
for a development project by a third party; or
(B) a copy of the agreement entered into with
a public entity for the development of public infrastructure to serve their
privately owned site.
(c) For the Department to confirm
eligibility, a public entity applicant must provide within or attached to its
application either:
(A) evidence to the
Department's satisfaction of the public entity's ownership of industrial land
that the public entity is investing in for a development project by a third
party; or
(B) the public entity's
development or other agreement with a private owner of industrial land to
prepare the land for a development project.
Statutory/Other Authority: ORS
285A.075 & OR Laws 2023 ch.
25, § 15
