OAR 123-668-3500: Infrastructure in Neighboring Jurisdictions

Under ORS 285C.142 and 285C.404, for any situation relevant to OAR 123-668-3000, if the zone sponsor determines that future investments or operations of the business firm in using the enterprise zone will potentially have an impact on infrastructure within the jurisdiction of a local government aside from any government that (co)sponsors the zone, then the sponsor shall give notice to that government: (1) The notice shall occur as soon as possible after the determination is made, before entering into an agreement with the business firm, and shall describe the potential impact in writing. (2) Local governments include any city, county or local service district, or any subdivision of the same, with territory adjacent to but outside any sponsoring government and inside this state, regardless that: (a) Its jurisdiction also extends within the boundary of the zone or that of a sponsoring government; (b) It is a district listed under ORS 174.116, 198.010 or 198.080; (c) It does not have taxing authority; or (d) It does not provide or support the infrastructure. (3) A relevant impact is any substantial interference with or significantly increased demand or burden on the availability or provision of infrastructure inside the local government, including but not limited to: (a) Roads, transportation, shipping or transit; (b) Systems or facilities for sanitary sewer, stormwater, or water quality or supply; (c) Public or private utilities such as for electricity; (d) Telecommunication or broadband; (e) Sanitation or waste disposal services; (f) Housing resources; or (g) Emergency or public safety response. (4) If the impact is not recognized until after entering into the agreement, the zone sponsor may still give notice.