72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2533
Sponsored by Representative BUTLER (at the request of Northwest
Propane Gas Association, Pacific Northwest Paint Council)
CHAPTER ................
AN ACT
Relating to hazardous substances; creating new provisions; and
amending ORS 453.402.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 453.402 is amended to read:
453.402. (1) { - Not later than November 15, 1989, and
annually thereafter, - } The State Fire Marshal shall
{ + annually + } send a statement to each person subject to the
fee imposed under ORS 453.400, indicating the amount of the fee
due. The amount of the fee shall be in accordance with the fee
schedules established under subsection (2) of this section.
(2) By rule and after hearing, the State Fire Marshal shall
establish three schedules of fees to be submitted annually by
each employer returning a hazardous substance survey under ORS
453.317, except as otherwise provided in subsection (4) of this
section. In each case the fee shall be based upon the aggregate
amount of the single largest annual aggregate substance reported
that is manufactured, stored or used at the facility. The fee
schedule shall be graduated and shall include but need not be
limited to categories of fees for minimally hazardous substances,
generally hazardous substances and very hazardous substances. In
addition, the State Fire Marshal may establish a registration fee
to be paid for certain hazardous substances and quantities of
hazardous substances in lieu of the fee under the graduated
schedule. When the State Fire Marshal assesses a registration
fee, no local fee shall be assessed for those substances. The
programs to be funded from fees collected under ORS 453.396 to
453.414 and the maximum range of the fees that may be considered
{ - , beginning July 1, 1989, - } are as follows:
(a) For funding the Community Right to Know and Protection Act,
not less than $25 and not more than $2,000.
(b) For funding the Toxics Use Reduction and Hazardous Waste
Reduction Act, not less than $25 and not more than $2,000.
(c) For each employer's share of a total of up to $1 million to
be deposited into the Orphan Site Account established under ORS
465.381, not less than zero and not more than $9,000. This
schedule shall not require an employer to pay more than $25,000.
(3) The Department of Revenue shall collect fees established
under this section. The department shall determine the amounts to
be distributed under subsection (2) of this section and shall
transfer the appropriate amounts to the State Fire Marshal, the
Department of Environmental Quality and the Orphan Site Account
Enrolled House Bill 2533 (HB 2533-A) Page 1
in accordance with expenditures approved by the Legislative
Assembly for the State Fire Marshal and the Department of
Environmental Quality. The remaining moneys are continuously
appropriated to the State Fire Marshal to pay the expenses of the
State Fire Marshal in administering and enforcing the provisions
of ORS 453.396 to 453.414.
(4) The following are exempt from the fee imposed under this
section:
(a) Crude oil and petroleum products derived from the refining
of crude oil, including plant condensate, gasoline, diesel motor
fuel, aviation fuel, lubrication oil, crankcase motor oil,
kerosene, benzol, fuel oil, residual fuel, petroleum coke,
asphalt base, liquified or liquifiable gases such as butane,
ethane and propane and other products described during petroleum
processing, but not including derivatives, such as petroleum
jellies, cleaning solvents or asphalt paving.
(b) Solid waste as defined in ORS 459.005.
(c) Hazardous waste as defined in ORS 466.005.
(d) Any substance or activity which the Constitution or laws of
the United States prohibit the state from taxing.
(e) From the fee imposed under the schedule established under
subsection (2)(c) of this section, any person whose property is
exempt from taxation under ORS 307.090.
(f) Natural gas unless stored in liquified form for
nonvehicular use in quantities greater than 200 cubic feet.
{ - (5) - } { + (5)(a) Except as provided in paragraph (b)
of this subsection, + } propane, butane and blended or compounded
petroleum products produced by processes other than the refining
of crude oil and for nonvehicle use are not exempt from the fees
imposed by subsection (2) of this section.
{ + (b) Propane produced by processes other than the refining
of crude oil and for nonvehicle use is exempt from the fee
imposed by subsection (2)(b) of this section. + }
(6) Local government assessments of hazardous substance fees
based on quantity or the hazardous substance survey shall be used
solely to supplement and not to duplicate the State Fire
Marshal's programs under ORS 453.307 to 453.414 and shall be
billed and collected only through contract with the State Fire
Marshal. A local government shall not charge any fee under its
program for a hazardous substance for which an employer pays a
registration fee to the State Fire Marshal under subsection (2)
of this section.
(7) The State Fire Marshal shall not enter into a contract with
a local government under subsection (6) of this section unless
the local government meets the following requirements:
(a) The local government certifies that the revenue from the
local hazardous substance fee will be used solely to supplement
and not duplicate the State Fire Marshal's programs under ORS
453.307 to 453.414;
(b) The local hazardous substance fee system is structured to
be compatible with the fee schedule adopted under subsection
(2)(a) of this section;
(c) The local hazardous substance fee system will not raise
moneys in excess of that needed to carry out the local
government's supplemental community right to know programs; and
(d) The contract under this section shall include:
(A) Provisions that { - assure - } { + ensure + } that the
local government pays the portion of the costs that may be
attributed to its fee assessment program; and
Enrolled House Bill 2533 (HB 2533-A) Page 2
(B) Conditions that require the local government to bear all
costs related to collection of its fee, including but not limited
to costs associated with conducting hearings or appeals on the
fee.
{ - (8) Any local government operating a hazardous substance
fee assessment program shall comply with this section on or
before July 1, 1992. - }
{ - (9) - } { + (8) + } In addition to collecting the fees
due to the State Fire Marshal under this section, the Department
of Revenue also may collect the fees authorized for collection
under a contract established under subsection (6) of this
section. The Department of Revenue shall determine the amount to
be distributed to each local government according to fee
assessment totals provided by the State Fire Marshal for each
local government for whom the State Fire Marshal has contracted
to assess a fee.
SECTION 2. { + The amendments to ORS 453.402 by section 1 of
this 2003 Act apply to fees assessed by the State Fire Marshal on
or after the effective date of this 2003 Act. + }
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Passed by House March 31, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate April 18, 2003
...........................................................
President of Senate
Enrolled House Bill 2533 (HB 2533-A) Page 3
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2533 (HB 2533-A) Page 4