Or. Admin. Code § 123-668-2200

Current through Register Vol. 64, No. 1, January 1, 2025

Section 123-668-2200 - Additional to Statutory Provisions

(1) A requirement imposed on a business firm by an enterprise zone sponsor is strictly supplemental to the provisions under applicable statutes or state laws, and it shall neither alter nor undermine their effect or intent.

(2) With respect to the following, as established by relevant state provisions, a requirement may in no way:

(a) Affect the basic eligibility or ineligibility of certain business activities or allowed uses of or the minimum size of investments in relevant property;

(b) Provide financial support to the statewide school system; or

(c) Alter the coverage, extent, period or any other direct aspect of tax benefit, although:

(A) Alternative types of payment or financial contributions by the firm are possible; and

(B) The sponsor shall set the total period of tax benefit as provided by the relevant law or statute.

(3) The requirements may neither modify nor in any way effectively decrease or increase the stringency of state requirements for hiring, general employment levels or average pay/compensation associated with jobs or persons employed by the firm, and they shall not even address such issues, except for local requirements that:

(a) Deal with employment other than what is affected or covered by the relevant state requirement, including but not limited to construction or temporary workers, part-time employees, or remuneration in an enterprise zone described in OAR 123-674-0500(5);

(b) Set an alternative employment level under ORS 285C.155;

(c) Specify extra demands within the context of a First Source Hiring Agreement that the firm is otherwise required to enter into, as described in OAR 123-674-7700 to 123-674-7730; or

(d) Obligate the firm in a reasonable manner with respect to workforce development, hiring/retention from certain sources or groups, employee benefits, or other employment-related matters that are completely distinct from requirements under ORS 285C.050 to 285C.250 or 285C.412, and as may be regarded as public or community benefits.

Or. Admin. Code § 123-668-2200

OBDD 26-2010, f. & cert. ef. 6-14-10; OBDD 13-2015, f. & cert. ef. 11/12/2015; OBDD 14-2024, amend filed 06/10/2024, effective 6/10/2024

Statutory/Other Authority: ORS 285A.075 & 285C.060(1)

Statutes/Other Implemented: ORS 285C.105, 285C.150, 285C.155, 285C.160 & 285C.403