Or. Admin. Code § 123-668-2300

Current through Register Vol. 63, No. 11, November 1, 2024

Section 123-668-2300 - Reasonableness

This rule offers guidance for evaluating whether local additional enterprise zone requirements are reasonable, such that:

(1) The requirements shall not vary dramatically or erratically over time for business firms interested in investing in the zone and seeking special benefits or waivers.

(2) The requirements shall not be arbitrarily applied, implemented or enforced, in that the sponsor shall be consistent in not only setting conditions, but also in how to handle compliance issues.

(3) The requirements may differentiate among relevant business firms for a given situation in OAR 123-668-2000(1) or (2) in terms of investment size, the firm's industry and so forth, but such differentiation shall be:

(a) Based on definable characteristics;

(b) Consistently applied in its own regard; and

(c) Related to an apparent or expressed public purpose.

(4) The requirements may entail economic costs to the firm because of payments to the sponsor or other entities, or of actions undertaken by the firm, but these costs (less any other consequent, material benefit to the firm) in relation to OAR 123-668-2000(2)(b) to (d) shall not exceed 25 percent of the tax savings associated with the entire property tax abatement, before the effect of school support fees under ORS 285C.162 or 285C.405. With a written agreement, however, in the case of OAR 123-668-2000(1) or (2)(a) the firm may accept higher costs based on its own considerations.

(5) The requirements shall not demand procedures, practices or investments in excess of anything undertaken in the firm's industry or related industries throughout the world, such that the sponsor shall be prepared to show that such a demand has been accomplished in the normal course of business elsewhere without apparent, extenuating circumstances.

(6) No requirement may cause or compel actions by the firm that have the potential to pose a significant other legal, financial or business threat to the firm, including but not limited to:

(a) Surrendering significant rights, privileges or immunities under state or federal law;

(b) Labor relations that may compromise practices by the firm in other locations where it operates in the United States; or

(c) Publicizing information unrelated to the administration of a local requirement that is otherwise proprietary, confidential, or threatening to the firm's market competitiveness or contractual obligations or to that of any third party.

(7) The criteria in this rule will typically concern a zone sponsor's underlying policy, hence the recommendations in OAR 123-668-2400 for deliberate and explicit policymaking to cover certain potentialities.

Or. Admin. Code § 123-668-2300

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