(1) The Oregon Business Development Commission shall collect the fees set forth in subsection (2) of this section from an applicant that seeks to have the real and personal property constituting the eligible project declared eligible for the tax exemption provided in ORS § 307.123. The fee may be collected even though the project has not been determined to be eligible for the tax exemption.

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(2) The fees described in subsection (1) of this section are as follows:

(a) $10,000, or $5,000 if the project is located in a rural area, upon application to the commission; and

(b) $50,000, or $10,000 if the project is located in a rural area, when the eligible project is determined by the commission to be eligible for the tax exemption provided in ORS § 307.123. The commission shall pay 50 percent of this fee to the Department of Revenue for the purpose of administration of ORS § 307.123.

(3) The fees collected under subsection (2) of this section shall be deposited in the Oregon Business, Innovation and Trade Fund created under ORS § 285A.227. [Formerly 285B.389; 2009 c.830 § 148]