OAR 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 uses of relevant property;

(b)

Modify any specified minimum level of investment by the firm; or

(c)

Alter the coverage, extent, period or any other direct aspect of tax benefits, 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 (for example, construction or temporary workers, part-time employees, or remuneration in a Portland-area urban zone);

(b)

Set an alternative employment level under ORS 285C.155 (Minimum employment and other requirements for authorization);

(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 (FIRST SOURCE HIRING AGREEMENTS — Coverage) to 123-674-7730 (Allowing Late Execution of First-Source Agreement); or

(d)

Obligate the firm in a reasonable manner with respect to workforce development, hiring/retention from certain sources or groups, the particular nature of employee benefits, or other employment-related matters that are completely distinct from requirements under ORS 285C.050 (Definitions for ORS 285C.050 to 285C.250) to 285C.250 (Redesignation or designation of new zone following zone termination) or 285C.412 (Conditions for continued exemption).

Source: Rule 123-668-2200 — Additional to Statutory Provisions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=123-668-2200.

Last Updated

Jun. 8, 2021

Rule 123-668-2200’s source at or​.us