Chapter 650 Oregon Laws 2005

AN ACT

HB 2120

Relating to fees assessed by State Department of Geology and Mineral Industries; creating new provisions; amending ORS 516.070 and 517.800; repealing section 5, chapter 34, Oregon Laws 2005 (Enrolled House Bill 2119); appropriating money; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 517.800 is amended to read:

517.800. (1)(a) Except for an application for a chemical process mining operation submitted under ORS 517.952 to 517.989, each applicant for an operating permit under ORS 517.702 to 517.989 shall pay to the State Department of Geology and Mineral Industries a fee established by the State Geologist in an amount not to exceed [$1,200] $1,260.

(b) If an application for a new permit or an amendment to an existing permit requires extraordinary department resources because of concerns about slope stability or proximity to waters of the state or other environmentally sensitive areas, the applicant shall pay to the department an additional fee in an amount determined by the State Geologist to be adequate to cover the additional costs for staff and other related expenses. The State Geologist shall consult with the applicant when determining the amount of the fee.

(2) Annually on the anniversary date of each operating permit, each holder of an operating permit shall pay to the department a base fee of $635, plus $0.0075 per ton of aggregate or mineral ore extracted during the previous 12-month period. [fee established by the State Geologist. The State Geologist shall base the fee on the tonnage of aggregate or mineral ore extracted during the previous 12 months according to the following schedule:]

[(a) $670 for zero to less than 10,000 tons.]

[(b) $735 for 10,000 to less than 100,000 tons.]

[(c) $935 for 100,000 to less than 200,000 tons.]

[(d) $1,135 for 200,000 to less than 300,000 tons.]

[(e) $1,335 for 300,000 to less than 400,000 tons.]

[(f) $1,535 for 400,000 to less than 500,000 tons.]

[(g) $1,735 for 500,000 to less than 600,000 tons.]

[(h) $1,935 for 600,000 to less than 700,000 tons.]

[(i) $2,135 for 700,000 to less than 800,000 tons.]

[(j) $2,335 for 800,000 to less than 900,000 tons.]

[(k) $2,535 for 900,000 to less than 1,000,000 tons.]

[(L) $2,735 for 1,000,000 to less than 1,100,000 tons.]

[(m) $2,935 for 1,100,000 to less than 1,200,000 tons.]

[(n) $3,135 for 1,200,000 to less than 1,300,000 tons.]

[(o) $3,335 for 1,300,000 to less than 1,400,000 tons.]

[(p) $3,535 for 1,400,000 to less than 1,500,000 tons.]

[(q) $3,735 for 1,500,000 tons or more.]

(3) If a reclamation plan is changed [to address significant revision or intensification], the permittee may be assessed for staff time and other related costs an amount not to exceed [$625] $1,260 in addition to the annual renewal fee.

(4) If, at operator request, the department responds to requests for information required by a local government in making a land use planning decision on behalf of the operator for a specific site, the State Geologist may require the operator to pay the department a fee for staff time and related costs. The department shall notify the operator in advance of the estimated costs of providing the information, and the actual amount assessed shall not exceed the estimate provided by the department.

(5) The State Geologist may require the operator of a site to pay to the department a special inspection fee in an amount not to exceed $200 for an inspection conducted under the following circumstances:

(a) Investigation of surface mining operations conducted without the operating permit required under ORS 517.790; or

(b) Investigation of surface mining operations conducted outside the area authorized in an operating permit.

(6) Upon request of an applicant, permittee or operator, the department shall provide an itemized list and documentation of expenses used to determine a fee under subsection (1)(b), (3) or (4) of this section.

(7) Notwithstanding the per ton fee established in subsection (2) of this section, the governing board of the department may lower to zero or raise the per ton fee up to $0.0085 if necessary to provide financial certainty to the department or to reflect actual expenses of the department in administering ORS 517.702 to 517.951. If the per ton fee established in subsection (2) of this section is raised by the governing board, the additional amount of money collected by the department shall be deposited in the Mined Land Regulation and Reclamation Program Subaccount within the Geology and Mineral Industries Account.

[(7)] (8) The governing board of the State Department of Geology and Mineral Industries shall adopt by rule a procedure for the administrative review of the determinations of fees under this section.

SECTION 1a. If House Bill 2119 becomes law, section 5, chapter 34, Oregon Laws 2005 (Enrolled House Bill 2119) (amending ORS 517.800), is repealed and ORS 517.800, as amended by section 1 of this 2005 Act, is amended to read:

(2) Annually [on the anniversary date of each operating permit], each holder of an operating permit shall pay to the department a base fee of $635, plus $0.0075 per ton of aggregate or mineral ore extracted during the previous 12-month period.

(3) If a reclamation plan is changed, the permittee may be assessed for staff time and other related costs an amount not to exceed $1,260 in addition to the annual renewal fee.

(a) Investigation of surface mining operations conducted without the operating permit required under ORS 517.790; or

(b) Investigation of surface mining operations conducted outside the area authorized in an operating permit.

(8) The governing board of the State Department of Geology and Mineral Industries:

(a) Shall adopt by rule a procedure for the administrative review of the determinations of fees under this section.

(b) Shall adopt rules establishing the payment date for annual fees required under this section.

(c) May adopt rules establishing a late fee of up to five percent of the unpaid amount of an annual fee owed under this section if the annual fee is more than 60 days past due.

SECTION 1b. The amendments to ORS 517.800 by section 1a of this 2005 Act become operative on January 1, 2006.

SECTION 2. ORS 516.070 is amended to read:

516.070. (1) There is established in the General Fund of the State Treasury an account to be known as the Geology and Mineral Industries Account. All moneys received by the State Department of Geology and Mineral Industries shall be paid over to the State Treasurer and by the State Treasurer deposited in the General Fund to the credit of the account. [Except as provided in subsection (2) of this section,] All moneys within the account are continuously appropriated for the use of the department in carrying out its lawful functions.

(2) [There is created within the Geology and Mineral Industries Account a subaccount known as] The Federal Locatable Mineral Royalties Subaccount[.] is established within the Geology and Mineral Industries Account. Notwithstanding subsection (1) of this section, all moneys received from the federal government by the State of Oregon as the state’s distributive share of the amounts collected for royalties for locatable minerals shall be [deposited into the State Treasury and] credited to the subaccount. All moneys in the Federal Locatable Mineral Royalties Subaccount are continuously appropriated to the State Department of Geology and Mineral Industries to conduct investigations of new mineral resources and to carry out the provisions of ORS 517.840 (1)(f).

(3) The State Treasurer may invest and reinvest the moneys in the Federal Locatable Mineral Royalties Subaccount as provided in ORS 293.701 to 293.820. Interest from the moneys deposited in the subaccount and earnings from investment of the moneys in the subaccount shall be credited to the subaccount.

(4) The Mined Land Regulation and Reclamation Program Subaccount is established within the Geology and Mineral Industries Account. Notwithstanding subsection (1) of this section, all moneys received by the State Department of Geology and Mineral Industries from fees assessed pursuant to ORS 517.800 shall be credited to the subaccount. All moneys in the subaccount are continuously appropriated to the department for the purpose of administering ORS 517.702 to 517.951.

SECTION 3. This 2005 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2005 Act takes effect on its passage.

Approved by the Governor July 27, 2005

Filed in the office of Secretary of State July 27, 2005

Effective date July 27, 2005

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