OAR 123-400-0090: Revenue and Employment Requirements

(1) The agreement shall specify whether fulfilment of program requirements to avoid repayment of program grant or loan proceeds will be primarily determined by satisfaction of section 1(4)(e) or 1(4)(f), chapter 25, Oregon Laws 2023, namely: (a) by fulfilling the required return on investment (“ROI”) in terms of state and local revenue associated with the project and respective to the amount of program grant or loan proceeds received by the business; or (b) by fulfilling the creation of qualifying new jobs in Oregon associated with the project. (2) The agreement may allow for amendment and subsequent reassignment of the selection of paragraph (1)(a) or (b) of this rule under limited circumstances. (3) For the ROI measure provided in paragraph (1)(a) of this rule, a business must meet the obligations as provided in the agreement, which shall equal or exceed the obligations of section 1(4)(e), chapter 25, Oregon Laws 2023. (4) For the job creation measure provide in paragraph (1)(b) of this rule, a business must meet the obligations in the agreement, which shall equal or exceed the obligations of section 1(4)(f), chapter 25, Oregon Laws 2023. (5) Notwithstanding section (1) above, the agreement may provide that the business’ ROI obligation may be satisfied by either section 1(4)(e) or 1(4)(f), chapter 25, Oregon Laws 2023, i.e. whichever obligation is satisfied first (state and local revenue or job creation).