For purposes of applying for and designating an enterprise zone under ORS 285C.085(2):

1. (1) City, port or county governments may seek designation of a zone corresponding to the boundary of a single Federal Enterprise Zone located in the government’s territory:

   1. (a) Submission may be made to the Department at any time without regard to an application form;
   2. (b) Besides a map and so forth of the proposed enterprise zone consistent with OAR 123-650-1500, the submission must document the Federal Enterprise Zone’s official existence, location and satisfaction of OAR 123-656-0100(2)(a), except to the extent that the Department is fully aware of such satisfaction;
   3. (c) Information related to local economic hardship is not necessary;
   4. (d) The governments must send notice and engage in timely communication with local taxing districts in accordance with OAR 123-650-5500;
   5. (e) A cosponsor of a zone terminated as described in OAR 123-650-9100(1)(b) is not excluded from applying;
   6. (f) Zone sponsor may not elect under ORS 285C.070 for hotels, motels or destination resorts to be eligible business firms in the zone;
   7. (g) Zone sponsor may set a support fee rate with a school district in accordance with OAR 123-674-4000; and
   8. (h) The designation shall not be the re-designation of an existing or previously existing enterprise zone.
2. (2) The designation of the zone may be made without regard to any limitation on size or dimensions as described in OAR 123-650-1000 and 123-650-1100.

3. (3) The zone must still conform to requirements for:

   1. (a) Being either urban or rural as described in OAR 123-650-0700, except through a special dispensation in the Director’s Order;
   2. (b) Not containing any area inside any other existing enterprise zone consistent with OAR 123-650-1000(2); and
   3. (c) Inclusion of any area in each cosponsor that is also inside the Federal Enterprise Zone according to OAR 123-656-0100(1).
4. (4) The Director shall issue an order to accomplish the designation.
5. (5) A (co)sponsor of an existing enterprise zone may not seek designation as described in this rule, if the Federal Enterprise Zone overlaps with a portion of the existing enterprise zone, but rather should avail itself of a boundary change as described in OAR 123-656-2100.

Statutory/Other Authority

ORS 285A.075 & 285C.060(1)

Statutes/Other Implemented

ORS 285C.085

History

OBDD 14-2024, amend filed 06/10/2024, effective 06/10/2024
OBDD 10-2017, amend filed 11/29/2017, effective 11/29/2017
OBDD 14-2015, f. & cert. ef. 11-12-15
OBDD 24-2010, f. & cert. ef. 6-14-10