While amendment to an outstanding Application as described in OAR 123-674-3200 is generally preferable for reasons of simplicity, approval of two or more outstanding Applications for the same Firm/applicant in the same enterprise zone is allowable, and in some cases, desirable or necessary:

1. (1) The Firm/applicant must make another Application for any case that goes beyond what a single Application may cover, according to OAR 123-674-3100, such as investments in qualified property:

   1. (a) At more than one general location inside the zone;
   2. (b) Inadequately indicated in the Application in terms of a basic type of property or major improvement, once the first year of the initial exemption has already begun; or
   3. (c) That will not be in service until the third or later year following the first exemption year of initial property covered by a current authorization.

2. (2) For any additional Application even if for proposed qualified property at the same site identified in another Application:

   1. (a) It must be timely submitted according to OAR 123-674-2000 and 123-674-2100 before the commencement of work on that newly proposed property; and
   2. (b) It establishes unique Existing Employment and resulting criteria under ORS 285C.200 and 285C.210.

3. (3) In the event of concurrent exemptions under ORS 285C.175 on qualified property covered by two or more Applications even for the same location, the authorized business firm shall file separate exemption claims and property schedules, as described in OAR 123-674-6100 and 123-674-6200, corresponding to each Application and associated qualified property, such that qualification depends on satisfying:

   1. (a) Criteria arising from the Application most clearly associated with the particular property (including but not limited to consideration of when work on such property actually commenced).
   2. (b) The effectively most stringent requirement among outstanding Applications for any qualified property that does not definitively relate to any particular Application.
   3. (c) The effectively least stringent requirement among the outstanding Applications for qualified property that specifically relates to two or more Applications.

Statutory/Other Authority

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

Statutes/Other Implemented

ORS 285C.140, 285C.170, 285C.175, 285C.220 & 285C.225

History

OBDD 14-2016, f. & cert. ef. 9-16-16
OBDD 27-2010, f. & cert. ef. 6-14-10