OAR 123-650-4400: Temporary rule language in effect until 12/01/2026. Documentation with Enterprise Zone Amendments

During the duration that an enterprise zone is designated, a sponsor of the zone may change the zone boundary. A zone change is not final until a positive determination has been made by the Department, and the zone sponsor (including with any new cosponsor) making the change shall provide documentation regarding the requested amendment to the Department (electronically as desired) for the Department to make its determination. For purposes of boundary changes in accordance with ORS 285C.115, the zone sponsor shall submit the documentation to the Department (electronically as desired) as required by ORS 285C.117. (1) As well as submitting the following necessary information, materials, items or data, respective to: (a) The submitter–contact for the sponsor, relevant background about the amendments, and any change in the zone name; (b) Identifying every current and new (co)sponsor or consenter, along with an executed copy of the resolution adopted by the governing body of each sponsoring jurisdiction according to applicable provisions of OAR 123-650-4800(2), as well as any (re-)consenting jurisdiction, consistent with the charter, by-laws or ordinances of the city, port or county; (c) Timely notice to local taxing districts in OAR 123-650-5500 and related matters; (d) Zone boundary, size and dimensions in accordance with OAR 123-650-1500; (e) Data, statistics and so forth on social and economic conditions for OAR 123-650-4500; and (f) Other issues, as necessary or appropriate, in OAR 123-650-4600. (2) During the duration that an enterprise zone is designated, a sponsor of the zone may amend eligible industries in the zone in accordance with ORS 285C.135(1)(b), by completing the following documentation and submitting to the Department: (a) The zone sponsors shall adopt a resolution as described in OAR 123-650-4800 identifying the industry sector that is a priority industry that is to be added as eligible within the enterprise zone or the industry sector that is to be no longer eligible within the enterprise zone. (b) Submit documentation substantiating that the industry sector is a priority industry under a local or regional economic development strategy for the local area served by the enterprise zone to the governing body to review before the governing body adopts a resolution under (2)(a) of this section. (3) During the duration that an enterprise zone is designated, a sponsor of the zone may amend business activities allowed to qualify in the zone by establishing a pilot program within the zone in accordance with ORS 285C.135(b), by completing the following documentation to the Department for review and an approval decision: (a) The zone sponsors shall adopt a resolution as described in OAR 123-650-4800, identifying a business activity described in ORS 285C.135(2) that a business firm may be engaged in to qualify as an eligible business firm. (b) Submit documentation demonstrating that the business activity proposed to be allowed under the pilot program will provide substantial community benefit, innovation or alignment with local economic development goals as described in OAR 123-662-2100 to the governing body to review before the governing body adopts a resolution under (3)(a) of this section. (4) During the duration that an enterprise zone is designated, a sponsor of the zone may amend the allowable extended exemption period as described in ORS 285C.160(2)(b)(B). The zone sponsors shall adopt a resolution as described in OAR 123-650-4800. (5) During the duration that an enterprise zone is designated, a sponsor of the zone may establish alternative performance criteria thresholds allowable under ORS 285C.200(2)(b) as described in OAR 123-674-0300(2)(b). The zone sponsors shall adopt a resolution as described in OAR 123-650-4800.