2017 ORS 459A.125¹
Maximum amount of additional fee
  • adjustments

(1) The fees generated under ORS 459A.110 (Additional fees for programs for reduction of domestic solid waste and environmental risks) shall be sufficient to accomplish the purposes set forth in ORS 459A.120 (Use of additional fees), provided that:

(a) The fees established under ORS 459A.110 (Additional fees for programs for reduction of domestic solid waste and environmental risks) (1) shall be no more than $1.18 per ton for the biennium beginning July 1, 2015; and

(b) Any per-ton fee on disposal sites for composting under ORS 459A.110 (Additional fees for programs for reduction of domestic solid waste and environmental risks) (2) shall be no more than the per-ton fee assessed on domestic solid waste disposal under ORS 459A.110 (Additional fees for programs for reduction of domestic solid waste and environmental risks) (1), less $0.81 per ton.

(2) For the biennium beginning July 1, 2017, and each subsequent biennium and subject to prior approval by the Oregon Department of Administrative Services, the Environmental Quality Commission may:

(a) Proportionally adjust the fees established under this section and ORS 459A.110 (Additional fees for programs for reduction of domestic solid waste and environmental risks) to meet revenue needs consistent with the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board; or

(b) Adjust for inflation by modifying the amount of the fees established under this section and ORS 459A.110 (Additional fees for programs for reduction of domestic solid waste and environmental risks) based on the West Region Consumer Price Index for All Urban Consumers for All Items, as published by the Bureau of Labor Statistics of the United States Department of Labor.

(3) Any fee adjustment adopted pursuant to subsection (2) of this section shall be adopted not less than six months prior to the date that the fee adjustment will be effective.

(4) The commission may not adopt a fee adjustment under subsection (2) of this section if the adjustment would result in:

(a) A fee increase or decrease of less than two percent for the biennium for which the fee adjustment will be effective; or

(b) A fee under ORS 459A.110 (Additional fees for programs for reduction of domestic solid waste and environmental risks) (1) that is greater than the maximum fee provided for in subsection (1)(a) of this section adjusted annually on July 1 by a three percent increase in the maximum fee.

(5) The commission may not adopt more than one fee adjustment under subsection (2) of this section each biennium. [2015 c.662 §6]

Note: 459A.125 (Maximum amount of additional fee) and 459A.130 (Rebate of additional fee to economically distressed counties) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 459A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(formerly 459.810 to 459.890)

Notes of Decisions

The “bottle bill” is a valid exercise of Oregon’s police power and is valid under the U.S. Constitu­tion and the Oregon Constitu­tion. Am. Can Co. v. Ore. Liquor Control Comm., 15 Or App 618, 517 P2d 691 (1973)

Atty. Gen. Opinions

Effect of constitu­tional pro­vi­sion requiring pay­ments based on govern­ment regula­tions restricting use of prop­erty, (2001) Vol 49, p 284

Law Review Cita­tions

53 OLR 479-482 (1974); 4 EL 419-427 (1974); 54 OLR 175 (1975)

(formerly 459.165 to 459.200)

Law Review Cita­tions

15 EL 387 (1985)

1 Legislative Counsel Committee, CHAPTER 459A—Reuse and Recycling, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors459A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 459A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano459A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.