70th OREGON LEGISLATIVE ASSEMBLY--1999 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 2531

                        Senate Bill 1109

Sponsored by Senator FERRIOLI


                             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 as
introduced.

  Establishes conditions under which Environmental Quality
Commission may adopt fee increases proposed by Department of
Environmental Quality.

                        A BILL FOR AN ACT
Relating to fee increases by the Environmental Quality
  Commission.
  Whereas the Department of Environmental Quality is largely
funded by fees assessed by the department on regulated entities;
and
  Whereas the regulated community realizes that such a system of
fees is a necessary component of the proper funding and operation
of the department; and
  Whereas the full discussion, analysis and reporting of the
necessity of fee increases is beneficial to the efficient and
effective operation of the department; and
  Whereas the efficient and effective operation of the department
is vital for the protection of the public health and the
environment; and
  Whereas full discussion, analysis and reporting will better
enable the regulated community, the Legislative Assembly and the
public to assess the need for fee increases and to support
changes in fee schedules when warranted; now, therefore,
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 1999 Act is added to and made
a part of ORS chapter 468. + }
  SECTION 2.  { + (1) Notwithstanding any provision of or rule
adopted under ORS chapters 459, 459A, 465, 466, 467, 468, 468A
and 468B, the Environmental Quality Commission may not adopt any
fee increases proposed by the Department of Environmental Quality
unless:
  (a) The Director of the Department of Environmental Quality
certifies in writing to the commission that subsections (3) to
(6) of this section have been satisfied; or
  (b) The Governor and the commission find that satisfying
subsections (3) to (6) of this section will:
  (A) Result in an imminent and serious threat to the public or
the environment; or
  (B) Jeopardize retention by the department of a federally
delegated, approved or authorized program.

  (2) A fee increase implemented under subsection (1)(b) of this
section may remain in effect for not more than one year from the
date of adoption.
  (3) The department shall include with any fee increase proposal
to the commission a report that identifies:
  (a) All specific and general reasons necessitating the
increase;
  (b) The number and classification of all full-time, part-time
or contract employees to be added to state employment as a result
of the increase;
  (c) Efforts taken by the department to increase operational
efficiency to minimize the need for an increase;
  (d) Specific program elements to be reduced or eliminated if
the increase is not adopted by the commission;
  (e) Any portion of the existing fee and the proposed fee
increase not used for services directly related to the facilities
or class of facilities subject to the fee;
  (f) Any portion of the existing fee and the proposed fee
increase used or to be used to implement an activity not required
by federal law;
  (g) Any portion of the existing fee and the proposed fee
increase used or to be used to implement a program or portions of
a program in a manner more stringent than required by federal law
or rule;
  (h) Potential funding alternatives to a fee increase, including
increased federal funding and the possibility of obtaining such
funding;
  (i) Other state, federal or local requirements and programs
duplicating the requirements or intent of the program for which
the increase is sought; and
  (j) Programs or program elements required by federal law or
rule that are not fully funded by federal grants or other federal
funding and that are proposed to be funded by the fee increase.
  (4) For any proposed fee increase where the percentage increase
of the fee since the date of the previous increase of the fee is
in excess of the cumulative percentage increase in the Consumer
Price Index for All Urban Consumers for All Items as prepared by
the Bureau of Labor Statistics of the United States Department of
Labor for the most recently reported calendar year, the report
required by subsection (3) of this section also shall include an
efficiency analysis, created by an independent auditor or
consultant possessing the appropriate expertise, that identifies
the most cost-effective means of reducing program costs and
implementing program elements.
  (5) The department shall concurrently submit any report
required under this section to the President of the Senate, the
Speaker of the House of Representatives, the cochairpersons of
the Joint Legislative Committee on Ways and Means and the
commission:
  (a) During the month of October of the year preceding the year
in which the proposed fee increase is to become effective; and
  (b) In uniform format to be established by the department.
  (6) The department shall provide copies of any report created
under this section to the public at no charge. + }
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