75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
Senate Bill 103
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for Department of Environmental Quality)
CHAPTER ................
AN ACT
Relating to fees for air contamination sources; creating new
provisions; amending ORS 468A.050; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 468A.050 is amended to read:
468A.050. (1) By rule the Environmental Quality Commission may
classify air contamination sources according to levels and types
of emissions and other characteristics which cause or tend to
cause or contribute to air pollution and may require registration
or reporting or both for any such class or classes.
(2) Any person in control of an air contamination source of any
class for which registration and reporting is required under
subsection (1) of this section shall register with the Department
of Environmental Quality and make reports containing such
information as the commission by rule may require concerning
location, size and height of air contaminant outlets, processes
employed, fuels used and the amounts, nature and duration of air
contaminant emissions and such other information as is relevant
to air pollution.
{ + (3) By rule the commission may establish a schedule of
fees for the registration of any class of air contamination
sources classified pursuant to subsection (1) of this section for
which a person is required to obtain a permit under ORS 468A.040
or 468A.155 but chooses instead to register if allowed by the
commission by rule. The commission shall base the fees on the
anticipated cost of developing and implementing programs related
to the different classes, including but not limited to the cost
of processing registrations, compliance inspections and
enforcement. A registration must be accompanied by any fee
specified by the commission by rule, and a subsequent annual
registration fee is payable as prescribed by rule of the
commission.
(4)(a) By rule the commission may establish a schedule of fees
for reporting of any class of air contamination sources
classified pursuant to subsection (1) of this section for which a
person is required to obtain permits under ORS 468A.040 or
468A.155 or is subject to the federal operating permit program
pursuant to ORS 468A.310.
Enrolled Senate Bill 103 (SB 103-A) Page 1
(b) Before establishing fees pursuant to this subsection, the
commission shall consider the total fees for each class of
sources subject to reporting under this subsection and for which
permits are required under ORS 468A.040 or 468A.155 or the
federal operating permit program under ORS 468A.315.
(c) The commission shall limit the fees established under this
subsection to the anticipated cost of developing and implementing
reporting programs. Any fees collected under this subsection for
any air contamination source issued a permit under ORS 468A.040
or 468A.155 or sources subject to the federal operating permit
program under ORS 468A.310 must be collected as part of the fee
for that specific permit. + }
SECTION 2. { + Except as provided in section 3 of this 2009
Act, the amendments to ORS 468A.050 by section 1 of this 2009 Act
become operative on January 1, 2010. + }
SECTION 3. { + The Environmental Quality Commission may adopt
rules before the operative date specified in section 2 of this
2009 Act or take any action before that date that is necessary to
carry out the amendments to ORS 468A.050 by section 1 of this
2009 Act. + }
SECTION 4. { + The amendments to ORS 468A.050 by section 1 of
this 2009 Act apply to classes of air contamination sources
classified before, on or after the effective date of this 2009
Act. + }
SECTION 5. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
----------
Passed by Senate April 28, 2009
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 1, 2009
...........................................................
Speaker of House
Enrolled Senate Bill 103 (SB 103-A) Page 2
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled Senate Bill 103 (SB 103-A) Page 3