Or. Admin. Code § 123-017-0010

Current through Register Vol. 63, No. 12, December 1, 2024

Section 123-017-0010 - Definitions

For the purposes of these rules additional definitions may be found in Procedural Rules, OAR 123-001. For purposes of this division of administrative rules, unless the context demands otherwise:

(1) "Applicant" means any county, municipality, person or any combination of counties, municipalities or persons applying for a loan from the Oregon Business Development Fund under ORS 285B.050 to 285B.098.

(2)

(a) "Business development project" means the acquisition, engineering, improvement, rehabilitation, construction, operation or maintenance of any property, real or personal, including working capital, that is used or is suitable for use by an economic enterprise and that will result in or will aid, promote or facilitate, the development of traded sector activities:

(b) Business development project" includes, but is not limited to, convention facilities, destination facilities, and office buildings, including corporate headquarters, and is a project that:

(A) Is in the traded sector, or supports traded sector activities, and is located in Oregon; or

(B) Is engaged in by a non-profit organization, will not compete with local for-profit businesses, and is located in Oregon. Projects engaged in by a non-profit organization need not be in the traded sector nor support traded sector activities.

(c) "Business development project" does not include shopping centers, food service facilities, or activities that are engaged in by retail and serve businesses that are not in the traded sector unless otherwise allowed under ORS 285B.059(5).

(3) "Fund" or "OBDF" means the Oregon Business Development Fund as defined and set forth in ORS 285B.050 - 285B.098.

(4) "Local Development Group" means any public or private corporation that has as one of its primary purposes, as stated in its articles of incorporation, charter or bylaws, the promotion of economic development in any part of the State of Oregon.

(5) "Municipality" means any city, municipal corporation or quasi-municipal corporation.

(6) "Person" means any individual, association of individuals, joint venture, partnership, limited liability company or corporation.

(7) "Emerging Small Business" means any business as defined in OAR 123-200-1600(3).

(8) "Convention center" means a facility for the holding of meetings, conferences, conventions, trade shows or similar gatherings. Sleeping accommodations may be included but at least one-third of the OBDF proceeds must be used for public meeting facilities. Such facilities must have the capacity to seat a minimum of 300 people. However, the Finance Committee, in its sole discretion, may approve financing for projects consisting solely or primarily of sleeping accommodations if the applicant sufficiently demonstrates that existing sleeping accommodations are inadequate for existing facility meeting space.

(9) "Destination facility" means a project which has a significant impact on the regional tourism economy and has the capacity to be marketed to national or international markets. Incidental food service facilities may be included. Sleeping accommodations without unique attraction capabilities are not eligible.

(10) "County" means any county or federally recognized Oregon Indian tribe.

(11) "Traded sector" has the meaning given that term in ORS 285B.280.

(12) "Traded sector activities" means activities that produce goods or services for the traded sector.

Or. Admin. Code § 123-017-0010

EDD 2-1983(Temp), f. & ef. 5-25-83; EDD 1-1984, f. & ef. 1-5-84; EDD 10-1988, f. & cert. 3-18-88; EDD 37-1988, f. & cert. ef. 12-15-88; EDD 9-1989(Temp), f. & cert. ef. 11-3-89; EDD 5-1990, f. & cert. ef. 3-5-90; EDD 8-1996(Temp), f. & cert. ef. 8-13-96; EDD 4-1997, f. & cert. ef. 3-25-97; EDD 11-1999, f. & cert. ef. 10-11-99; EDD 6-2001, f. & cert. ef. 10-9-01; EDD 6-2007(Temp), f & cert. ef. 8-29-07 thru 2-23-08; EDD 3-2008(Temp), f. & cert. ef. 2-26-08 thru 8-1-08; EDD 21-2008, f. 7-31-08, cert. ef. 8-1-08; EDD 22-2009, f. 11-30-09, cert. ef. 12-1-09; OBDD 9-2010(Temp), f. & cert. ef. 4-12-10 thru 10-9-10; Administrative correction 10-26-10; OBDD 2-2018, amend filed 01/18/2018, effective 1/18/2018; OBDD 4-2019, minor correction filed 02/14/2019, effective 2/14/2019; OBDD 1-2022, minor correction filed 02/07/2022, effective 2/7/2022

Statutory/Other Authority: ORS 285A.110

Statutes/Other Implemented: ORS 285B.050 & ORS 285B.092