71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2743
A-Engrossed
House Bill 2888
Ordered by the House May 16
Including House Amendments dated May 16
Sponsored by Representative KAFOURY; Representative NOLAN,
Senator MINNIS (at the request of City of Portland)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Allows local government unit to use capital assets or revenue
from capital assets acquired with proceeds of solid waste
collection surcharge to pay for remedial action { + or
removal + } costs at any facility for which local government unit
is liable.
A BILL FOR AN ACT
Relating to remedial action surcharges; creating new provisions;
and amending ORS 459.311.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 459.311 is amended to read:
459.311. A local government unit responsible for conducting a
remedial action or removal or related activities under ORS
465.260 at a solid waste disposal site, or a local government
unit that contributed solid waste to a solid waste disposal site
for which the local government is liable under ORS 465.255 or
other applicable law, shall impose a charge to be added to all
billings for collection services rendered within the boundaries
of that local government unit unless the local government unit
provides an equivalent amount of funding through another source.
A charge imposed under this section shall be subject to the
following requirements:
(1) The charge shall be:
(a) An amount equal to a maximum amount of $12 per capita per
year and $60 per capita per local government unit;
(b) Collected for each volumetric or weight unit of solid waste
collected;
(c) Imposed equitably on all persons who dispose of solid
waste; and
(d) For a local government unit imposing and collecting a
charge on behalf of another local government unit responsible for
remedial action or related activities at a disposal site, an
amount that, as a proportion of the total cost, equals the
proportion of solid waste the local government unit contributed
to such disposal site.
(2) The charge shall be collected on behalf of the local
government unit by solid waste collectors who are subject to
franchising, licensing or permitting requirements adopted by the
local government unit. Notwithstanding any restriction on rates
contained in a franchise or other local regulations, a solid
waste collector may add the charge to bills for solid waste
collection. The local government unit may enter into an
intergovernmental agreement with any other local government unit
to provide for imposition and collection of the charge on behalf
of the local government unit.
(3) The solid waste collector shall remit the proceeds of the
charge to the local government unit according to procedures
adopted by the local government unit by ordinance. However, solid
waste collectors shall not be responsible for covering any
shortage caused by failure of a customer to pay charges for solid
waste collection.
(4) A local government unit imposing a charge under this
subsection may require solid waste collectors to submit reports
or other documentation necessary to establish compliance with the
requirements of this section or the ordinance adopted by the
local government unit. All information contained in such reports
relating to the number of accounts served by the solid waste
collector or the revenue produced from such accounts shall be
exempt from public disclosure.
(5) A solid waste collector required to collect charges under
this section may retain five percent of the charge in order to
defray the costs of collecting and accounting for the proceeds of
the charge.
(6) If a person disposes of solid waste at a disposal site
within the boundaries of a local government unit imposing a fee
under this section without using the services of a solid waste
collector, the person shall pay the fee established by this
section at the time the person disposes of solid waste at the
disposal site. That portion of the charge attributable to
administrative costs as provided in subsection (5) of this
section shall be retained by the operator of the solid waste
disposal site. The operator of the solid waste disposal site
shall remit the balance of the charge according to procedures
established by ordinance by the local government unit imposing
the charge.
(7) Except for the amount allocated to defray the
administrative expenses of a solid waste collector or disposal
site operator under subsections (5) and (6) of this section,
proceeds of the charge shall be placed into a dedicated local
government remedial action fund established by the local
government unit and may be used only to pay for remedial action
costs. As used in this subsection, 'remedial action costs' also
includes the cost of retiring debt incurred in connection with a
remedial action.
(8) The amount collected by imposing a charge under this
section shall be the amount necessary to fund the local
government unit's remedial action costs at one or more solid
waste disposal sites for which the local government unit is
responsible for conducting a remedial action or removal or
related activities under ORS 465.260, or is liable under ORS
465.255 or other applicable law and necessary administrative
expenses incurred under this section, and may include an
increment to cover any delinquencies in collections. The amount
of the charge may be adjusted from time to time as necessary to
maintain the remedial action fund at the level necessary to
accommodate the local government unit's remedial action
responsibilities, but shall not exceed the maximum amounts
provided in of subsection (1)(a) of this section.
(9) Any local government unit located within the boundaries of
a metropolitan service district may enter into an
intergovernmental agreement with the district to transfer to the
district the funding authority granted under this section and the
responsibility for performing all remedial action obligations for
which the local government unit may be responsible.
{ + (10) Capital assets or revenue from capital assets
acquired from the proceeds of the charge may be used to pay for
remedial action or removal costs, including the costs of retiring
debts incurred in connection with a remedial action, at any
facility for which a local government unit is liable under ORS
465.255 or other applicable law. + }
{ - (10) - } { + (11) + } As used in this section,
'remedial action, ' ' remedial action costs' and 'removal' have
the meaning given those terms in ORS 465.200.
SECTION 2. { + The amendments to ORS 459.311 by section 1 of
this 2001 Act apply to capital assets or revenue from capital
assets received before, on or after the effective date of this
2001 Act. + }
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