A proposed Facility must be inside a county as determined according to section (1) of this rule, and located at a site satisfying the requirements of section (2) of this rule, at the time when the Department receives the application for preliminary certification:
With respect to county eligibility:
With on-line availability of (non-preliminary) annual statistics or data described in this rule, the Department shall analyze the most current and prior two years revised data, ascertain which counties in the state satisfy ORS 285C.500(5)(b), prepare associated information, and post it on the Department web site for use by the public, business firms and local economic development professionals.
The determination described in subsection (a) of this section shall first take effect at least once a year on January 1 or July 1 following on-line availability of the latest annual data. As the Department deems appropriate in response to the release of new annual data or revisions to that data, the Department may reissue or modify the determination, update associated information and set the effective date for changes in county status, as warranted.
A correct, prior determination in accordance with this section is not subject to retroactive change due to subsequent revisions to data for the same or future years.
The specific site of a proposed Facility must meet at least one of the following two requirements:
The site is completely inside the urban growth boundary (UGB) of a city with a population of 15,000 or less (based on the most recent U.S. Census count or estimate available from the Portland State University Population Research Center); or
Regardless of being inside or outside of any citys UGB, the site consists entirely of land zoned for industrial use:
Pursuant to effective municipal zoning ordinances that expressively and generally permit permanent facilities and private operations for heavy or light manufacturing, energy production, fabrication, warehousing, distribution, mineral/agricultural processing or similarly intensive economic uses;
In accordance with applicable state land-use laws, including but not limited to those for unincorporated communities, exceptions from state planning goals, or ORS 197.713, 197.714 or 197.719; and
Such that the Facilitys business operations must directly benefit a traded sector industry under ORS 285C.010, regardless of other uses permitted under the particular zoning code ordinance.