Oregon
Rule Rule 123-662-1000
Electronic Commerce Status


(1)

An E-commerce zone may be any enterprise zone, whether urban or rural, except as described in section (3) of this rule, that is already designated in accordance with OAR 123-650 or 123-656 and has not terminated.

(2)

Electronic commerce status fully overlays the entire area of the enterprise zone designated as an E-commerce zone inclusive of areas added by a subsequent change to the zone’s boundary.

(3)

The sponsor of an enterprise zone may revoke its status as an E-commerce zone by resolution(s), at any time, pursuant to which the Department shall establish the effective date of revocation, but that enterprise zone designation is not eligible to be an E-commerce zone.

(4)

To designate an E-commerce zone:

(a)

The process begins with a zone sponsor’s sending a formal, preferably email advisory to the Department of its intent to so designate, which must occur on or after an effective date in OAR 123-662-1200 (Designated Areas);

(b)

The Department shall respond promptly to such an advisory, consulting with the sponsor’s representative preferably by telephone about the availability of any designation and other pertinent information as the Department will memorialize through an email reply;

(c)

Not less than 31 days after advising the Department, the sponsor may submit its E-commerce designation, consisting of an executed (potentially scanned/electronic) copy of a resolution that designates the zone an E-commerce zone, as adopted after consultation with the Department by each governing body of the zone sponsor consistent with its charter, by-laws or ordinances; and

(d)

Subject to the resolution(s) in subsection (c) of this section and other procedural matters being in order, as well as E-commerce zone availability under the law, the Department shall issue a positive determination confirming the designation and establishing its effective date.
(5)(a) Pursuant to advisories and so forth in section (4) of this rule, if the Department receives more submissions than the number of available electronic commerce designations, on effectively the same day, then the positive determination(s) shall go to the zone with the earlier date of resolution adoption by any cosponsor.

(b)

If subsection (a) of this section results in a tie, tiebreakers shall be employed in the following order:

(A)

The enterprise zone that less recently had electronic commerce status;

(B)

The formal advisory received on the earlier date;

(C)

The zone with the greater number of cosponsors; or

(D)

Special determination of the Director.

(c)

If the Department receives fewer submissions than there are available E-commerce zone designations, despite excess advisories in subsection (a) of this section, then pursuant to advisories from other zone sponsors, the Department shall process additional submissions consistent with this section, until all available designations are positively determined to have been made.

(6)

The Department shall promptly give written notification and explanation to any zone sponsor subject to a negative determination of its electronic commerce designation and shall counsel the sponsor about the viability and timing of resubmission.

(7)

As otherwise permissible, the Department may allow a zone sponsor of an E-commerce zone to re-designate itself as an E-commerce zone at the time it re-designates the enterprise zone under ORS 285C.250 (Redesignation or designation of new zone following zone termination), if the zone was designated for electronic commerce within one year of the enterprise zone’s termination date.
(8) Notwithstanding subsection (4)(a) of this rule, a sponsor of an enterprise zone described in subsection (b) of this section may formally advise the Department under ORS 285C.078 (Notification to department of intent to make designation of enterprise zone or zone or city for electronic commerce) and may designate an E-commerce designation in accordance with subsections (4)(b), (c) and (d) of this rule between July 1 and December 31, 2020, that would be otherwise available except for the extension of enterprise zone terminations under section 35, chapter 12, Oregon Laws 2020 1st Special Session. As such:
(a) Up to three E-commerce designations shall take effect on January 1, 2021, subject to positive determination under ORS 285C.102 (Documentation for designation of zone or city for electronic commerce to be submitted to department), based on the first three submissions that the Department receives consistent with section (5) of this rule on or before December 31, 2020.
(b) This section applies only to enterprise zones that as of January 1, 2021, are not already an E-commerce designation, and that as of that date:
(A) Have already been designated; or
(B) Will be re-/designated subject to a positive determination under ORS 285C.074 (Documentation for zone designation or redesignation to be submitted to department) that precedes the formal advisory to the Department.
(9) After December 31, 2020, designation is allowed for the three E-commerce overlays described in section (8) of this rule (if any remain) pursuant only to an advisory sent to the Department on or after January 1, 2021, according to subsection (4)(a) of this rule.
Source
Last accessed
Aug. 7, 2020