OAR 123-635-0270: Local Objection and Relevant Requirements

Respective to a proposed Facility: (1) For purposes of section (2) of this rule, a Municipal Corporation may object to preliminary certification through a formal submission to the Department, but the Department must receive the objection, a copy of an adopted resolution, and any requisite information, within 60 days from the date the Department sent a copy of the application for preliminary certification to the governing body of the Municipal Corporation in OAR 123-635-0250(2)(b). Otherwise, the Municipal Corporation is deemed to agree to preliminary certification. (2) In order for the objection to be automatic and not subject to appeal in a contested case, the objection must take the form of a resolution: (a) Adopted by the governing body during the 60-day period, in accordance with applicable local laws, government charter and practices; and (b) Containing a statement of the reason(s) for objection under ORS 285C.503(4)(b) and accompanied by information, as described in subsection (5)(b) or section (6) of this rule. (3) Irrespective of sections (1) and (2) of this rule or the adoption of a resolution, every Municipal Corporation is encouraged and expected to furnish timely evidence to the Department, if local officials believe that the proposed Facility does not satisfy a requirement under ORS 285C.503(5). (4) Besides entries in the application, the Department shall rely especially on the Municipal Corporations in determining whether: (a) Health insurance coverage of all Facility employees will be at least equivalent to that of Municipal Corporation employees, if applicable under ORS 285C.503(5)(d)(B). (b) Business operations will meaningfully compete with one or more existing businesses operating locally and employing persons, who reside in the city, port or county, including competition for: (A) Local customers; (B) Skilled workers or managers within the local labor pool; (C) Other resources or inputs, for which local supplies and accessibility are critical but scarce or problematic; or (D) Comparable circumstances, which always exclude general inter-firm rivalry within the broader marketplace. (5) If local competition as described in subsection (4)(b) of this rule is indicated, then it must be either: (a) Supported with clear evidence furnished by the Municipal Corporation, based on which the Department can independently make a determination under ORS 285C.503(5)(f); or (b) Identified by type or basic nature in the formal statement of objection with a resolution in accordance with sections (1) and (2) of this rule. (6) In order for the Department to deny an application for preliminary certification based on incompatibility with local growth or development standards, the Municipal Corporation must make a formal submission in accordance with sections (1) and (2) of this rule that includes a resolution and information documenting the relevant standards and showing that they were established in municipal ordinances already in effect when the business firm submitted the application to the Department.