Chapter 285C — Chapter 285C

ORS 285C.555 Rules; fees for certification. By rule and after hearing, the Director of the Oregon Business Development Department may adopt a schedule of reasonable fees that the Oregon Business Development Department may require of applicants for preliminary or final certification under ORS 285C.540 to 285C.559. Before the adoption or revision of the fees, the department shall estimate the total cost of the program to the department. The fees shall be used to recover the anticipated cost of filing, investigating, granting and rejecting applications for certification and shall be designed not to exceed the total cost estimated by the department. Any excess fees shall be held by the department and shall be used by the department to reduce any future fee increases. The fee may vary according to the size and complexity of the facility. The fee is not considered part of the cost of the facility to be certified. [2011 c.474 §12]

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ORS 285C.557 Certification required for tax credits; certification not to exceed five years; use by transferee. (1) A certificate issued under ORS 285C.553 or 469B.161 is required for purposes of obtaining tax credits in accordance with ORS 315.341. Such certification shall be granted for a period not to exceed five years. The five-year period shall begin with the tax year of the applicant during which the completed application for final certification of the facility under ORS 285C.553 is received by the Oregon Business Development Department

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ORS 285C.559 Revocation of certificate; collection. (1) Under the procedures for a contested case under ORS chapter 183, the Director of the Oregon Business Development Department may order the suspension or revocation of the certificate issued under ORS 285C.553 or 469B.161 if the director finds that

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ORS 285C.600 Definitions for ORS 285C.600 to 285C.635. As used in ORS 285C.600 to 285C.635

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ORS 285C.603 Legislative purpose. The Legislative Assembly declares that a significant purpose of the strategic investment program established in ORS 285C.600 to 285C.635 and 307.123 is to improve employment in areas where eligible projects are to be located and urges business firms that will benefit from an eligible project to hire employees from the region in which the eligible project is to be located whenever practicable. [2003 c.800 §5; 2005 c.237 §2]

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ORS 285C.606 Eligibility of projects for tax exemption; exclusions; revenue bond financing; first-source hiring agreements and job fairs. (1) The State of Oregon, acting through the Oregon Business Development Commission, may determine that real and personal property constituting a project shall receive the tax exemption provided in ORS 307.123 if

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ORS 285C.609 Request by county; local negotiation training; community services fee agreement; distribution of fee proceeds. (1) A determination under ORS 285C.606 (1) by the Oregon Business Development Commission that a project shall be exempt from property taxation under ORS 307.123 must be requested by official action of the governing body of the county in which the proposed eligible project will be located, taken at a regular or duly called special meeting of the governing body. The request shall require approval by the affirmative vote of a majority of the members of the governing body

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ORS 285C.612 Eligible project application fees. (1) The Oregon Business Development Commission shall collect the fees set forth in subsection (2) of this section from an applicant that seeks to have the real and personal property constituting the eligible project declared eligible for the tax exemption provided in ORS 307.123. The fee may be collected even though the project has not been determined to be eligible for the tax exemption

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ORS 285C.615 Annual participant reports; penalty; disclosure; rules. (1) On or before April 1 of each tax year that property is exempt under ORS 307.123, the business firm that owns or leases the property shall submit a report to the Oregon Business Development Department, in addition to any other reporting or filing requirement

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ORS 285C.620 Confidentiality of project information. Notwithstanding ORS 192.311 to 192.478, the identity of an applicant for an eligible project determination under ORS 285C.606, the application form submitted to the county governing body and the Oregon Business Development Commission and the negotiations conducted between the applicant and the county shall be confidential, until the county governing body gives notice of its intent to take official action on the application. [Formerly 285B.392]

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ORS 285C.623 Strategic investment zones; designation; community services fee agreement; distribution of fee proceeds. (1) A county seeking to ensure that all eligible projects constructed or installed within a particular geographic area within the county receive the tax exemption under ORS 307.123 may request designation of the geographic area as a strategic investment zone. The request must be made by official action of the governing body of the county taken at a regular or duly called special meeting of the governing body by the affirmative vote of a majority of members of the governing body. The request must set forth the proposed boundaries of the zone

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ORS 285C.626 Business firm application for project within strategic investment zone. (1) A business firm seeking the exemption under ORS 307.123 for a project the firm intends to install or construct within a strategic investment zone shall apply to the Oregon Business Development Department. The application shall be in the form and shall contain the information required by the department

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ORS 285C.635 Determination of personal income tax revenue; distributions to counties; annual limit; rules. (1)(a) Upon receipt of information compiled under ORS 285C.615, the Oregon Department of Administrative Services shall determine the annual amount of personal income tax revenue attributable to retained jobs and newly created jobs for each eligible project for which an eligible business firm received a property tax exemption under ORS 307.123

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ORS 285C.639 [2007 c.905 §4; 2013 c.722 §51; repealed by 2015 c.757 §4]

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ORS 285C.650 Certification as qualified equity investment; eligibility for tax credit; rules; fees. (1) A qualified community development entity that seeks to have an equity investment or long-term debt security certified as a qualified equity investment and eligible for a tax credit under ORS 315.533 shall apply to the Oregon Business Development Department. The department shall establish by rule application procedures for applications for certification. The entity must submit an application on a form that the department provides that includes

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ORS 285C.653 Tax credit utilization limit per tax year; rules. (1) Once the Oregon Business Development Department has certified a cumulative amount of qualified equity investments that can result in the utilization of $16 million of tax credits in any tax year, the department may not certify any more qualified equity investments under ORS 285C.650. This limitation shall be based on the scheduled utilization of tax credits without regard to the potential for taxpayers to carry forward tax credits to later tax years

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ORS 285C.656 Suspension or revocation of certificate; recapture of tax credit. (1) The Director of the Oregon Business Development Department may order the suspension or revocation of a certificate or a portion of a certificate issued under ORS 315.533, as provided in ORS 315.061

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ORS 285C.659 Report; posting on Oregon transparency website required. (1) The Oregon Business Development Department shall annually prepare a report that discloses all costs and fees incurred by the department, or by any other state agency, in administering, during the agency fiscal year ending during the current calendar year, the tax credit allowed under ORS 315.533

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