2017 ORS 459A.130¹
Rebate of additional fee to economically distressed counties

(1)(a) By September 30 of each year, the Department of Environmental Quality shall provide a rebate of the fees established under ORS 459A.110 (Additional fees for programs for reduction of domestic solid waste and environmental risks) to the nine most economically distressed counties in this state.

(b) The department shall annually identify the counties that will receive the rebate provided for under this section and, no later than January 31 of each year, provide notice to:

(A) Each of the economically distressed counties identified by the department that will receive the rebate calculated under subsection (2) of this section for the calendar year; and

(B) Each of the counties that received a rebate during the previous calendar year.

(2)(a) For the biennium beginning July 1, 2015, the amount of the rebate provided to an economically distressed county under this section shall be no more than $0.28 per:

(A) Each ton of solid waste disposed that was generated within the economically distressed county during the previous calendar year; or

(B) If the department calculates an adjustment under paragraph (c) of this subsection, each adjusted ton of solid waste disposed that was generated within the economically distressed county during the previous calendar year.

(b) For the biennium beginning July 1, 2017, and each subsequent biennium, if the Environmental Quality Commission adjusts the fees established under ORS 459A.110 (Additional fees for programs for reduction of domestic solid waste and environmental risks) pursuant to ORS 459A.125 (Maximum amount of additional fee) (2), the commission shall also proportionally adjust the amount of the per-ton rebate specified in paragraph (a) of this subsection.

(c)(A) The department shall calculate the total tonnage of solid waste disposed that was generated in a calendar year within all of the economically distressed counties identified under subsection (1) of this section.

(B) If the total for all economically distressed counties is greater than 10 percent of all solid waste disposed of in this state during the same calendar year, the department may calculate an adjusted tonnage for each economically distressed county for purposes of calculating the rebate provided for under this section.

(C) The adjusted tonnage for each economically distressed county shall be proportional to the actual tonnage generated and calculated such that the sum of the adjusted tonnage for all of the economically distressed counties is equal to 10 percent of all solid waste disposed of in this state during the calendar year.

(3) If a city within an economically distressed county owns and operates a landfill, the department shall distribute the portion of the rebate for the economically distressed county that is calculated based on tons of solid waste disposed that was generated in the county and disposed of at the landfill owned by the city to the city instead of the county.

(4) Moneys received by a city or county pursuant to the rebate program provided for under this section may be used only for:

(a) Purposes authorized in ORS 459A.120 (Use of additional fees);

(b) The operation of solid waste disposal facilities; or

(c) The reduction of disposal fees.

(5)(a) The commission shall adopt rules to carry out the provisions of this section. Rules adopted under this subsection shall include:

(A) A methodology for identifying the most economically distressed counties in this state; and

(B) A process for providing rebates to the economically distressed counties.

(b) The methodology for identifying economically distressed counties adopted under this subsection may be based on a methodology adopted by the Oregon Business Development Department by rule under ORS 285A.020 (Legislative findings) and 285A.075 (Department duties).

(6) As used in this section:

(a) “Landfill” has the meaning given that term in ORS 459.005 (Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665); and

(b) “Solid waste disposed” has the meaning given that term in ORS 459A.010 (Policy) (3)(d). [2015 c.662 §6a]

Note: See note under 459A.125 (Maximum amount of additional fee).

Note: Section 18, chapter 662, Oregon Laws 2015, provides:

Sec. 18. No later than October 31, 2022, the Department of Environmental Quality shall submit a report in the manner provided by ORS 192.245 (Form of report to legislature), and may include recommendations for legislation, to the interim committees of the Legislative Assembly having subject matter jurisdiction over the environment and natural resources. The report shall include:

(1) Information on options for sustainable and adequate funding of solid waste management, prevention, reuse and recycling programs;

(2) An evaluation of the effectiveness and value of the fee rebate program provided for under section 6a of this 2015 Act [459A.130 (Rebate of additional fee to economically distressed counties)]; and

(3) Information on the implementation of the state’s plan for an integrated system of materials and waste management in the State of Oregon, as adopted in accordance with ORS 459A.020 (Statewide integrated solid waste management plan). [2015 c.662 §18]

(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.