OAR 123-662-2100: Temporary rule language in effect until 12/01/2026. Waiver or Pilot Program for Business Eligibility

For the purposes of ORS 285C.135(3)(b), a business firm engaged in a business activity described in ORS 285C.135(2) may qualify as an eligible business firm if the zone sponsor(s) request a waiver or authorization of a pilot program and the zone sponsor(s) demonstrates that the business activity will provide substantial community benefit, innovation or alignment with local economic development goals. (1) Examples of substantial community benefit, innovation or alignment with local economic development goals include but are not limited to: (a) Significant job creation for the local area; (b) Significant contributions to the community through community benefit payments or support; (c) Introduction of new industry cluster or novel business activity to the local economy; (d) Support of local economic development goals established through the Enterprise Zone re/designation process (as described in OAR 123-650-4200). (e) Support local economic development goals which include, but are not limited to, job creation, job retention, wage growth, workforce development, or infrastructure investment. (2) If zone sponsors want to authorize business activities described in ORS 285C.135 to be allowed activity to qualify as an eligible business firm, the zone sponsors may establish a pilot program under ORS 285C.135(3)(b)(A) in advance of an authorization approval to allow for multiple firms and projects engaged in such activities to be eligible to receive exemption under ORS 285C.175. (a) The zone sponsors must establish the pilot program, including describing eligible activities and any other features of the pilot program, as part of a resolution described in OAR 123-650-4800(2)(h). As part of the resolution, the zone sponsors shall confirm that the allowable business activity for the pilot program will provide a substantial community benefit, innovation or alignment with local economic development goals. (b) Property of the eligible business firm under the pilot program must comply with eligible property requirements as described in ORS 285C.180 and OAR 123-674-5200 to receive the exemption. (c) Zone sponsors and the business firm must confirm eligibility allowance on the authorization application approval form. (3) If zone sponsors want to waive ineligibility of specific business activities described in ORS 285C.135(2) for an individual firm, they may adopt a resolution before approval of the eligible business firm in which (a) The zone sponsors must establish the business activity will provide a substantial community benefit, innovation or alignment with local economic development goals (b) The waiver approval is specific to a single business firm. (c) Property of the eligible business firm that is provided a waiver must comply with eligible property requirements as described in ORS 285C.180 and OAR 123-674-5200 to receive the exemption. (d) Zone sponsors and the business firm must confirm eligibility allowance on the authorization application approval form. (4) Once a resolution authorizing a pilot program or approving a waiver is passed by zone sponsors governing bodies, the zone sponsor must submit the documentation to the Department for final review and approval as required by OAR 123‑650‑4900.