reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.268 - Enforcement of bond obligation.

(1) The proceedings authorizing any bonds and any mortgage securing such bonds may provide that, in the event of a default in the payment of the principal of or the interest on such bonds or in the performance of any agreement contained in such proceedings or mortgage, such payment and performance may be enforced by suit, mandamus or by the appointment of a receiver with power to charge and collect rents and to apply the revenues from the facilities in accordance with such proceedings or the provisions of such mortgage by foreclosure of any mortgage or by any one or more remedies specified in the proceedings.
(2) Such proceedings or mortgage may also provide that any trustee under such mortgage or the holder of any of the bonds secured thereby may become the purchaser at any foreclosure sale if the highest bidder therefor. [1974 c.34 §6]
Note:
See note under 468.263.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.269 - Trustees; powers.

The proceedings authorizing the issuance of bonds may provide for the appointment of one or more trustees for the protection of the holders of the bonds, whether or not a mortgage is entered into as security for such bonds. A bank with trust powers or a trust company within or without the State of Oregon may be appointed as trustee and shall be located in the United States, and shall have the immunities, powers and duties provided in said proceedings, and may, to the extent permitted by such proceedings, hold and invest funds deposited with it in direct obligations of the United States, obligations guaranteed by the United States or certificates of deposit of a bank, including the trustee, which are continuously secured by such obligations of or guaranteed by the United States. Any bank acting as such trustee may, to the extent permitted by such proceedings, buy bonds issued under ORS 468.263 to 468.272 to the same extent as if it were not such trustee. The proceedings authorizing the bonds may provide that some or all of the proceeds of the sale of the bonds, the revenues of any facilities, the proceeds of the sale of any part of a facility, or of any insurance policy or of any condemnation award shall be deposited with the trustee and applied as provided in the proceedings. [1974 c.34 §7]
Note:
See note under 468.263.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.270 - Tax status of leasehold interest in facilities.

Nothing in ORS 468.263 to 468.272 is intended to exempt from taxation or assessment the leasehold interest of any lessee in any facility nor are ORS 468.263 to 468.272 intended to affect any exemption or credit from taxation which might otherwise be available to any lessee under the laws of the State of Oregon. Such leasehold interest is classified for purposes of taxation as having the same value as the fee interest in that property. [1974 c.34 §8]
Note:
See note under 468.263.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.271 - Effect on procedure of awarding contracts; construction.

(1) The construction, reconstruction or improvement of any facilities shall be completed in the manner determined by the governing body and shall be free from any requirement of competitive bidding or any other restriction imposed on the procedure for award of contracts with public bodies.
(2) Nothing in ORS 468.263 to 468.272 is intended as a restriction or limitation upon any other powers which a county might otherwise have under the laws of this state, but shall be construed as cumulative.
(3) If any provision of ORS 468.263 to 468.272 or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions of ORS 468.263 to 468.272 which can be given effect without the invalid provision or application, and to this end the provisions of ORS 468.263 to 468.272 are declared to be severable. [1974 c.34 §9]
Note:
See note under 468.263.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.272 - Application of other laws relating to bonds.

Any restrictions, limitations, conditions or procedures provided by other statutes relating to the issuance and sale of bonds or other obligations do not apply to the issuance and sale of bonds authorized by ORS 468.263 to 468.272. [1974 c.34 §10; 2005 c.443 §26]
Note:
See note under 468.263.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.290

[Formerly 449.775; 1975 c.559 §3; 1983 c.333 §2; 1983 c.730 §3; 1991 c.752 §16; renumbered 468A.020 in 1991]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.375

[Formerly 449.953; 1974 c.73 §2; 1975 c.535 §2; 1977 c.298 §3; 1983 c.196 §1; 1985 c.16 §466; 1989 c.171 §62; renumbered 468A.365 in 1991]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.405

[Formerly 449.965; 1974 c.73 §5; 1975 c.535 §3; 1977 c.704 §10; 1981 c.294 §1; 1983 c.338 §936; renumbered 468A.400 in 1991]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.423 - Definitions for ORS 468.423 to 468.440.

As used in ORS 468.423 to 468.440:
(1) "Available sewer" has the meaning given that term in ORS 454.779.
(2) "Fund" means the Water Pollution Control Revolving Fund established under ORS 468.427.
(3) "On-site septic system" has the meaning given that term in ORS 454.779.
(4) "Public agency" means:
(a) A state agency, incorporated city, county, sanitary authority, federally recognized Indian tribal government, school district, county service district, sanitary district, metropolitan service district or other special district; or
(b) An intergovernmental entity created by units of local government under ORS 190.003 to 190.130.
(5) "Qualified institution" means a nonprofit organization registered to operate in the State of Oregon that is certified as a community development financial institution by the Community Development Financial Institution Fund at the United States Department of the Treasury.
(6) "Treatment works" means:
(a) The devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature, necessary to recycle or reuse water at the most economical cost over the estimated life of the works. "Treatment works" includes:
(A) Intercepting sewers, outfall sewers, sewage collection systems, pumping power and other equipment, and any appurtenance, extension, improvement, remodeling, addition or alteration to the equipment;
(B) Elements essential to provide a reliable recycled water supply including standby treatment units and clear well facilities; and
(C) Any other acquisitions that will be an integral part of the treatment process or used for ultimate disposal of residues resulting from such treatment, including but not limited to land used to store treated waste water in land treatment systems prior to land application.
(b) Any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste, storm water or nonpoint source related runoff, industrial waste or waste in combined storm water and sanitary sewer systems.
(c) Any other facility that the Environmental Quality Commission determines a public agency must construct or replace in order to abate or prevent surface or ground water pollution. [1987 c.648 §1; 1995 c.79 §278; 1995 c.98 §1; 2007 c.783 §232a; 2010 c.21 §5; 2019 c.558 §1; 2023 c.56 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.425 - Policy.

It is declared to be the policy of this state:
(1) To aid and encourage public agencies with authority to provide treatment works for the control of water pollution, or responsibility for implementing a nonpoint source management plan pursuant to the nonpoint source management program described in ORS 468.429, in the transition from reliance on federal grants to local self-sufficiency by the use of fees paid by users of the treatment works;
(2) To aid and encourage qualified institutions to assist in the protection or maintenance of water quality in the waters of this state by financing projects to repair or replace failing on-site septic systems or to replace failing on-site septic systems with connections to an available sewer;
(3) To accept and use any federal grant funds available to capitalize a perpetual revolving loan fund; and
(4) To assist public agencies in meeting treatment works’ construction obligations in order to prevent or eliminate pollution of surface and ground water by making loans from a revolving loan fund at interest rates that are less than or equal to market interest rates. [1987 c.648 §2; 2019 c.558 §2; 2023 c.56 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.427 - Water Pollution Control Revolving Fund; sources.

(1) The Water Pollution Control Revolving Fund is established separate and distinct from the General Fund in the State Treasury. The moneys in the Water Pollution Control Revolving Fund are appropriated continuously to the Department of Environmental Quality to be used for the purposes described in ORS 468.429.
(2) The Water Pollution Control Revolving Fund shall consist of:
(a) All capitalization grants provided by the federal government under the federal Water Quality Act of 1987 (Public Law 100-4);
(b) All state matching funds appropriated or authorized by the legislature;
(c) Any other revenues derived from gifts, grants or bequests pledged to the state for the purpose of providing financial assistance for water pollution control projects;
(d) All repayments of moneys borrowed from the fund;
(e) All interest payments made by borrowers from the fund; and
(f) Amounts granted or advanced to the Water Pollution Control Revolving Fund from the Pollution Control Fund under ORS 468.220 (1).
(3) The State Treasurer may invest and reinvest moneys in the Water Pollution Control Revolving Fund in the manner provided by law. All earnings from such investment and reinvestment shall be credited to the Water Pollution Control Revolving Fund. [1987 c.648 §3; 1993 c.411 §6]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.428 - Lottery bonds.

(1) Pursuant to ORS 286A.560 to 286A.585, lottery bonds may be issued to provide loans and other financial assistance to public agencies, as defined in ORS 468.423, for waste water pollution control, reduction or abatement as described in ORS 468.429.
(2) The use of lottery bond proceeds is authorized upon the following findings:
(a) Financial assistance for public agency waste water pollution control, reduction or abatement activities will result in additional wastewater treatment capacity in Oregon.
(b) Wastewater treatment capacity comprises a portion of the physical foundation for industrial and commercial activities and provides a portion of the basic framework for continued and expanded economic opportunities throughout Oregon.
(c) Such financial assistance will therefore further economic development within this state, making the use of net proceeds derived from the operation of the Oregon State Lottery to pay debt service on lottery bonds issued under this section to provide financial assistance to public agencies for wastewater pollution control, reduction or abatement activities an authorized use of state lottery funds under section 4, Article XV of the Oregon Constitution, and ORS 461.510.
(3) The aggregate principal amount of lottery bonds issued pursuant to this section to provide financial assistance for public agency waste water pollution control, reduction or abatement activities shall not exceed $8 million and an additional amount estimated by the State Treasurer to be necessary to pay bond-related costs. Lottery bonds authorized by this section shall be issued only at the request of the Director of the Department of Environmental Quality.
(4) The net proceeds of lottery bonds issued pursuant to this section shall be deposited in the Water Pollution Control Revolving Fund established by ORS 468.427.
(5) The proceeds of lottery bonds issued pursuant to this section shall be used only for the purposes set forth in subsection (1) of this section and for bond-related costs. [2001 c.942 §3]
Note:
468.428 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 468 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.429 - Uses of revolving fund.

(1) The Department of Environmental Quality shall use the moneys in the Water Pollution Control Revolving Fund to provide financial assistance:
(a) To public agencies for the construction or replacement of treatment works.
(b) To qualified institutions to finance projects to repair or replace failing on-site septic systems or to replace failing on-site septic systems with connections to an available sewer.
(c) For the implementation of a management program established under section 319 of the federal Water Quality Act of 1986 relating to the management and prevention of nonpoint sources of pollution.
(d) For development and implementation of a conservation and management plan under section 320 of the federal Water Quality Act of 1986 relating to the national estuary program.
(2) The department may also use the moneys in the Water Pollution Control Revolving Fund for the following purposes:
(a) To buy or refinance the debt obligations of public agencies for eligible projects as listed under subsection (1) of this section, if the debt obligation was incurred after March 7, 1985.
(b) To guarantee, or purchase insurance for, public agency obligations for treatment works’ construction or replacement if the guarantee or insurance would improve credit market access or reduce interest rates, or to provide loans to a public agency for this purpose.
(c) To pay the expenses of the department in administering the Water Pollution Control Revolving Fund, to make transfers to the Water Pollution Control Administration Fund, or to pay other departmental costs including expenses of the program described in ORS 468.433 (2).
(3) If amounts are advanced to the Water Pollution Control Revolving Fund from the Pollution Control Fund under ORS 468.220 (1), the department shall transfer from the Water Pollution Control Revolving Fund to the Pollution Control Sinking Fund amounts sufficient to pay the bonds that funded the advance. [1987 c.648 §4; 1993 c.411 §7; 1995 c.79 §279; 2015 c.626 §1; 2019 c.558 §3; 2023 c.56 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.431 - Water Pollution Control Administration Fund; sources; uses.

(1) The Water Pollution Control Administration Fund is established separate and distinct from the General Fund in the State Treasury. Moneys in the Water Pollution Control Administration Fund are appropriated continuously to the Department of Environmental Quality to be used for the payment of costs of administering the Water Pollution Control Revolving Fund, including all costs of staffing for the program described in ORS 468.433 (2) and all costs of making loans from the Water Pollution Control Revolving Fund and collecting loan payments.
(2) The Water Pollution Control Administration Fund shall consist of:
(a) Any administrative fee levied by the department in conjunction with administration of the Water Pollution Control Revolving Fund.
(b) Any transfers to the Water Pollution Control Administration Fund from the Water Pollution Control Revolving Fund.
(c) Any loans made from the Water Pollution Control Revolving Fund.
(d) Any other revenues derived from gifts, grants or bequests pledged to the state for the purpose of administering the Water Pollution Control Revolving Fund.
(3) The State Treasurer may invest and reinvest moneys in the Water Pollution Control Administration Fund in the manner provided by law. All earnings from such investment and reinvestment shall be credited to the Water Pollution Control Administration Fund. [1993 c.411 §2; 1995 c.79 §280]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.433 - Duties of department; loan program.

(1) In administering the Water Pollution Control Revolving Fund, the Department of Environmental Quality shall:
(a) Allocate funds for loans in accordance with procedures adopted by rule by the Environmental Quality Commission.
(b) Use accounting, audit and fiscal procedures that conform to generally accepted government accounting standards.
(c) Prepare any reports required by the federal government as a condition to awarding federal capitalization grants.
(d) Seek to maximize the ability of the Water Pollution Control Revolving Fund to operate on a self-sustaining basis and maintain a perpetual source of treatment works financing.
(2) If amounts are advanced to the Water Pollution Control Revolving Fund from the Pollution Control Fund under ORS 468.220 (1), the department shall develop and administer a program designed to loan amounts in the Water Pollution Control Revolving Fund to public agencies and qualified institutions, so the loan repayments are sufficient to pay the bonds that funded the advance, and to further the policies established in ORS 468.425. In connection with the program, the department may:
(a) Establish one or more accounts in the Water Pollution Control Revolving Fund, make covenants for the benefit of bondowners regarding the deposit of amounts into those accounts and the use of amounts in those accounts and pledge or reserve all or a portion of the amounts in the Water Pollution Control Revolving Fund to pay bonds issued to fund advances to the Water Pollution Control Revolving Fund under ORS 468.220 (1).
(b) Establish requirements for loans made from the Water Pollution Control Revolving Fund to assure that:
(A) Adequate funds are available in the Water Pollution Control Revolving Fund to permit payment of bonds that funded advances to the Water Pollution Control Revolving Fund; and
(B) Adequate funds will be available in the Water Pollution Control Administration Fund to pay for costs of the program and costs of operating the Water Pollution Control Revolving Fund.
(c) Exercise any remedies available to the department in connection with defaults on loans of advanced funds to public agencies or qualified institutions.
(d) Take any other action reasonably necessary to develop the program and provide for the payment of bonds issued to fund advances to the Water Pollution Control Revolving Fund.
(3) The department may make loans to finance treatment works that are funded in part from advances or grants to the Water Pollution Control Revolving Fund, and in part from funds available under ORS 468.220 (1). These loans may have a blended interest rate that reflects their different sources of funding, and repayments of these loans may be allocated proportionally between the Water Pollution Control Revolving Fund and the Pollution Control Sinking Fund. [1987 c.648 §5; 1993 c.411 §8; 1995 c.79 §281; 2019 c.558 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.437 - Loan applications; eligibility; repayment; default remedy.

(1) Any public agency or qualified institution desiring a loan from the Water Pollution Control Revolving Fund shall submit an application to the Department of Environmental Quality on the form provided by the department. The department may require an opinion from the department’s bond counsel or other counsel that the applicant has the legal authority to borrow from the Water Pollution Control Revolving Fund. If a public agency relies on borrowing authority granted by charter or law other than ORS 468.439, then with the consent of the department and notwithstanding any limitation or requirement of the charter or law, the public agency may borrow directly from the Water Pollution Control Revolving Fund by issuing revenue bonds to the department. The requirements of ORS 287A.150 do not apply to revenue bonds that are sold to the department pursuant to this section.
(2) Any public agency or qualified institution receiving a loan from the Water Pollution Control Revolving Fund shall establish and maintain a dedicated source of revenue or other acceptable source of revenue for the repayment of the loan.
(3) If a public agency or qualified institution defaults on payments due to the Water Pollution Control Revolving Fund, the state may withhold any amounts otherwise due to the public agency or qualified institution and direct that such funds be applied to the payments and deposited into the fund. If the department finds that the loan to the public agency or qualified institution is otherwise adequately secured, the department may waive this right in the loan agreement or other loan documentation. [1987 c.648 §6; 1989 c.560 §3; 2007 c.783 §205; 2019 c.558 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.439 - Borrowing authority of public agency.

Notwithstanding any limitation contained in any other provision of law or local charter, a public agency may:
(1) Borrow money from the Water Pollution Control Revolving Fund through the Department of Environmental Quality;
(2) Enter into loan agreements and make related agreements with the department in which the public agency agrees to repay the borrowed money in accordance with the terms of the loan agreement;
(3) Covenant with the department regarding the operation of treatment works and the imposition and collection of rates, fees and charges for the treatment works;
(4) Pledge all or part of the revenues of the treatment works to pay the amount due under the loan agreement and notes in accordance with ORS chapter 287A; and
(5) Provide any additional security and exercise any powers permitted to an issuer of revenue bonds under ORS chapter 287A. [1989 c.560 §2; 1993 c.411 §9; 2007 c.783 §206]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.440 - Loan terms and interest rates; considerations; rules.

(1) The Environmental Quality Commission shall establish by rule policies for establishing loan terms and interest rates for loans made from the Water Pollution Control Revolving Fund that ensure that the objectives of ORS 468.423 to 468.440 are met and that adequate funds are maintained in the Water Pollution Control Revolving Fund to meet future needs. In establishing the policy, the commission shall take into consideration at least the following factors:
(a) The capability of the project to enhance or protect water quality.
(b) The ability of a public agency or qualified institution to repay a loan.
(c) Current market rates of interest.
(d) The size of the community or district to be served by the treatment works.
(e) The type of project financed.
(f) The ability of the applicant to borrow elsewhere.
(g) Whether advances have been made to the Water Pollution Control Revolving Fund from the Pollution Control Fund that must be repaid to the Pollution Control Sinking Fund.
(2) The commission may establish an interest rate ranging from zero to the market rate. The commission may establish the loan term, provided that the loans must be fully amortized not later than 30 years after project completion.
(3) The commission shall adopt by rule any procedures or standards necessary to carry out the provisions of ORS 468.423 to 468.440. [1987 c.648 §7; 1993 c.411 §10; 1995 c.79 §282; 2005 c.137 §1; 2015 c.626 §2; 2019 c.558 §6]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.448 - Audits; reports.

(1) The Department of Environmental Quality shall periodically audit, or cause to be audited, the programs established under ORS 468.444 and 468.446 to determine whether the programs are being implemented and administered in compliance with the provisions of ORS 468.442 to 468.449.
(2) No later than September 15 of each even-numbered year, the department shall provide a report to the Legislative Assembly, in the manner provided in ORS 192.245, that includes, at a minimum:
(a) A description of the uses to date of moneys in the Zero-Emission Incentive Fund established under ORS 468.449;
(b) An analysis of the effectiveness of the rebate program established under ORS 468.444;
(c) An analysis of the effectiveness of the Charge Ahead Oregon Program established under ORS 468.446;
(d) Recommendations, which may include recommendations for legislation, on ways to improve the programs established under ORS 468.444 and 468.446; and
(e) The results of any audits conducted under subsection (1) of this section. [2017 c.750 §151]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.449 - Zero-Emission Incentive Fund; rules.

(1) The Zero-Emission Incentive Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Zero-Emission Incentive Fund shall be credited to the fund.
(2) Moneys in the Zero-Emission Incentive Fund shall consist of:
(a) Amounts donated to the fund;
(b) Amounts transferred to the fund by the Department of Revenue under ORS 320.435;
(c) Amounts appropriated or otherwise transferred to the fund by the Legislative Assembly;
(d) Other amounts deposited in the fund from any public or private source; and
(e) Interest earned by the fund.
(3) The Department of Environmental Quality shall encourage gifts, grants, donations or other contributions to the fund.
(4) Moneys in the fund are continuously appropriated to the department to be used to carry out the provisions of ORS 468.442 to 468.449.
(5)(a) No more than 10 percent of the moneys deposited in the fund per biennium may be expended to pay administrative expenses incurred in the administration of ORS 468.442 to 468.449 by:
(A) The department; and
(B) Any third-party organization that the department hires or contracts with under ORS 468.444 and 468.446.
(b) As used in this subsection, "administrative expenses" does not include expenses incurred by the department or third-party organizations in:
(A) Conducting community outreach under ORS 468.446 (14); or
(B) Otherwise engaging in efforts to promote transportation electrification through participation in the programs established under ORS 468.444 and 468.446.
(6) The Environmental Quality Commission may adopt by rule provisions for the allocation of moneys deposited in the fund between the programs established under ORS 468.444 and 468.446. Rules adopted under this subsection must require that at least 20 percent of the moneys deposited in the fund per biennium are allocated to fund the provision of rebates through the Charge Ahead Oregon Program established under ORS 468.446. [2017 c.750 §152; 2021 c.95 §6]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.460

[Formerly 449.933; 1975 c.559 §5; 1977 c.650 §5; 1979 c.181 §3; 1991 c.920 §19; renumbered 468A.595 in 1991]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.469 - Zero-Emission Medium and Heavy Duty Vehicle Incentive Fund; rules.

(1) The Zero-Emission Medium and Heavy Duty Vehicle Incentive Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Zero-Emission Medium and Heavy Duty Vehicle Incentive Fund shall be credited to the fund.
(2) Moneys in the Zero-Emission Medium and Heavy Duty Vehicle Incentive Fund shall consist of:
(a) Amounts donated to the fund;
(b) Amounts appropriated or otherwise transferred to the fund by the Legislative Assembly;
(c) Other amounts deposited in the fund from any public or private source; and
(d) Interest earned by the fund.
(3) Moneys in the Zero-Emission Medium and Heavy Duty Vehicle Incentive Fund are continuously appropriated to the Department of Environmental Quality to be used to carry out the provisions of ORS 468.463.
(4) No more than 15 percent of the moneys deposited in the Zero-Emission Medium and Heavy Duty Vehicle Incentive Fund per biennium may be expended to pay administrative expenses incurred in the administration of ORS 468.463 by:
(a) The department; or
(b) Any third-party organization that the department hires or contracts with under ORS 468.463.
(5)(a) The Environmental Quality Commission shall require by rule that at least 40 percent of the moneys deposited in the fund per biennium are allocated to fund the provision of rebates for vehicles located in communities disproportionately burdened by diesel pollution, as described in ORS 468.463 (7)(c).
(b) Notwithstanding paragraph (a) of this subsection, if the department determines that the total amount of rebates provided to applicants eligible for the rebate described in ORS 468.463 (7)(c) is unlikely to exceed 40 percent of the total amount of moneys deposited in the fund during a biennium, the department may release moneys allocated under paragraph (a) of this subsection to be used for the provision of any rebate under ORS 468.463. [2023 c.442 §34]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.498 - Medium and Heavy-Duty Electrification Charging Fund.

(1) The Medium and Heavy-Duty Electrification Charging Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Medium and Heavy-Duty Electrification Charging Fund must be credited to the Medium and Heavy-Duty Electrification Charging Fund.
(2) Moneys in the Medium and Heavy-Duty Electrification Charging Fund consist of amounts donated to the fund, amounts appropriated or otherwise transferred to the fund by the Legislative Assembly, other amounts deposited to the fund from any public or private source and interest earned by the fund.
(3) Moneys in the Medium and Heavy-Duty Electrification Charging Fund are continuously appropriated to the Department of Environmental Quality for a grant program to support medium and heavy-duty zero emission vehicle charging and fueling infrastructure projects authorized under ORS 468.035.
(4) Not more than 10 percent of the moneys in the Medium and Heavy-Duty Electrification Charging Fund in each biennium may be expended to pay the department’s expenses, or the expenses of any other person the department hires or with which the department contracts, to administer the grant program. [2022 c.74 §4]
Note:
468.498 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 468 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.501 - Definitions for ORS 468.501 to 468.521.

As used in ORS 468.501 to 468.521:
(1) "Agency" means either the Department of Environmental Quality or the Lane Regional Air Protection Agency created pursuant to ORS 468A.010 to 468A.180, or both, as the context requires.
(2) "Commission" means the Environmental Quality Commission.
(3) "Environmental laws" means ORS 454.605 to 454.755, 459.005 to 459.153, 459.705 to 459.790, 459.992, 459.995, 465.003 to 465.034 and 466.005 to 466.385 and ORS chapters 468, 468A and 468B and rules adopted thereunder. "Environmental laws" does not include any provision of Oregon Revised Statutes or of any municipal ordinance or enactment that regulates the selection of a location for a new facility.
(4) "Facility" means any site or contiguous sites, any manufacturing operation or contiguous operations, or any business or municipal activity regulated under any provision of the environmental laws.
(5) "Green Permit" means a permit that provides administrative benefits or reduces regulatory requirements to facilities that meet criteria established by the Environmental Quality Commission.
(6) "Sponsor" means a person, group or association that submits a proposal under the Green Permit program. [1997 c.553 §2; 2009 c.11 §65]
Note:
468.501 to 468.521 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 468 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.503 - Purpose of Green Permits.

The purpose of ORS 468.501 to 468.521 is to authorize:
(1) The issuance of Green Permits to persons regulated under the environmental laws of the State of Oregon.
(2) The Environmental Quality Commission to develop Green Permit criteria that will result in the use of innovative environmental approaches or strategies not otherwise recognized or allowed under existing regulations, to achieve environmental results that are significantly better than otherwise required by law.
(3) An agency to provide or, where necessary, to seek exemptions or waivers from regulatory requirements as considered necessary to implement the provisions of ORS 468.501 to 468.521.
(4) An agency to encourage applications for Green Permits that promote pollution prevention, source reduction, more efficient use of natural resources, improvements in technology or practices, utilization of environmental management systems and creation of public and private entity partnerships that can achieve environmental results that are significantly better overall than otherwise required by law. [1997 c.553 §1]
Note:
See note under 468.501.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.506 - Commission rulemaking to carry out Green Permit program.

The Environmental Quality Commission shall establish by rule criteria for Green Permits and procedures for the application, review and public participation in the process of issuance of the permits. The accepting, processing and issuing of Green Permits is a discretionary function of the commission. In establishing the criteria for Green Permits, the commission:
(1) Shall consider the objectives set forth in ORS 468.503;
(2) May establish classes or categories of Green Permits as the commission considers appropriate; and
(3) May limit the number and duration of such permits issued by the agencies for the purpose of evaluating the effectiveness of the Green Permit program. [1997 c.553 §3; 2003 c.425 §2]
Note:
See note under 468.501.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.508 - Eligibility for Green Permit.

Any person owning or operating a facility or contiguous facilities subject to regulation under the environmental laws may act as a sponsor and propose a Green Permit. [1997 c.553 §4]
Note:
See note under 468.501.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.511 - Environmental laws not applicable to facility operating under Green Permit.

Notwithstanding any other provision of law, any requirement under the environmental laws, except those required by treaty or interstate compact or by a federal law, that is contrary to the terms and provisions of a Green Permit shall not apply to a facility operating under a Green Permit. Any prior conflicting permit condition shall be revised by the agency that has jurisdiction over the Green Permit. Except as specifically revised in a Green Permit, any existing environmental permit or requirement shall remain in effect, notwithstanding issuance of a Green Permit. [1997 c.553 §5]
Note:
See note under 468.501.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.513 - Judicial review of agency decision on issuance of Green Permit.

The decision of an agency to refuse to issue a Green Permit is not subject to judicial review. The decision of an agency to issue a Green Permit may be appealed in accordance with the provisions of ORS 183.484 pertaining to review of an order in other than a contested case. [1997 c.553 §6]
Note:
See note under 468.501.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.516 - Termination of Green Permit.

If a sponsor operating a facility under a Green Permit fails to perform any term or condition in the Green Permit, the agency may, after written notice to the permittee, terminate the Green Permit in whole or in part. The permittee may appeal the agency’s decision to terminate a Green Permit to the Environmental Quality Commission. The commission’s decision on appeal shall be an order in other than a contested case. [1997 c.553 §7]
Note:
See note under 468.501.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.518 - Application for permit or approval affected by termination of Green Permit.

After an agency issues a notice of termination of a Green Permit in the manner provided in ORS 468.516, the operator of the facility shall have 30 days to apply for any permit or approval affected by the termination of all or a portion of the Green Permit. An application filed during the 30-day period shall be considered a timely application for renewal of a permit under the terms of the applicable law. The terms and conditions of the Green Permit shall continue in effect until a final permit or approval is issued or denied. In order to achieve an orderly transition and compliance with the environmental laws, the agency may issue an order establishing conditions for the interim operation of the facility. [1997 c.553 §8]
Note:
See note under 468.501.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.521 - Recovery of costs of agency in developing, negotiating and publicizing Green Permit; disposition of moneys collected.

The agency shall recover the full cost of the agency in developing, negotiating and publicizing a Green Permit in the following manner:
(1) The sponsor shall fully reimburse the agency for the agency’s full direct, indirect and all associated costs of conducting the review, negotiating the relevant permit revisions, responding to public comment, monitoring the provisions in the Green Permit and environmental outcomes resulting from the Green Permit and publicizing and conducting the public hearings.
(2) The agency shall appropriately document the full direct, indirect and all associated costs of the agency and collect payment for such costs from the sponsor. The agency shall collect a deposit from the sponsor, against which the agency shall bill until the deposit is depleted. When the deposit is depleted, the agency shall collect an additional deposit. The initial deposit shall accompany the sponsor’s initial Green Permit proposal and shall be in an amount not to exceed $25,000. The agency shall deliver to the sponsor an accounting of all charges and the amount of the deposit remaining at the closure of each month’s accounting records.
(3) All moneys collected by the Department of Environmental Quality pursuant to this section shall be deposited into the General Fund of the State Treasury to an account of the Department of Environmental Quality. The moneys are continuously appropriated to the Department of Environmental Quality for the payment of expenses of the Department of Environmental Quality in carrying out the provisions of ORS 468.501 to 468.521. The Director of the Department of Environmental Quality shall keep a record of all moneys deposited into the State Treasury pursuant to this section and shall indicate by special cumulative accounts the source from which moneys are derived and the individual activity against which each withdrawal is charged. The fees collected under this section by the Lane Regional Air Protection Agency shall be retained by and shall be income to the regional agency. The fees shall be accounted for and expended in the same manner as are the funds collected by the Department of Environmental Quality under this section. [1997 c.553 §9; 2003 c.425 §3; 2009 c.11 §66]
Note:
See note under 468.501.
Note:
Section 11, chapter 553, Oregon Laws 1997, provides:
Sec. 11.
An agency may not issue a Green Permit after January 2, 2008. [1997 c.553 §11; 1999 c.828 §1; 2003 c.425 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.531 - Legislative findings.

(1) The Legislative Assembly finds that the listing of an area on the National Priorities List described in 42 U.S.C. 9605, commonly known as establishing a Superfund site, and the remedial investigations and feasibility studies undertaken following such a listing identify the presence of pollutants, hazardous substances and contaminants in the area that are not directly traceable to a particular responsible party.
(2) The Legislative Assembly finds that ORS 465.200 to 465.485 provide for joint and several liability among potentially responsible parties for the cleanup of Superfund sites. Because joint and several liability does not identify a potentially responsible party’s share of cleanup costs, remedial actions are often delayed as potentially responsible parties litigate each share of the liability.
(3) The Legislative Assembly declares that the state has the authority and the ability to facilitate cleanup of the submerged and submersible lands in the Willamette River Superfund site.
(4) The Legislative Assembly finds that cleanup of the submerged and submersible lands of the Willamette River, including the Superfund site, will provide benefits to the people of Oregon, to industries and to living resources, water quality, water uses, recreation, habitat protection, habitat preservation and other watershed qualities, and will provide significant economic enhancement to the State of Oregon. [2003 c.696 §1]
Note:
468.531 and 468.533 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 468 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.533 - Willamette River Cleanup Authority; purposes; membership; powers.

(1) There is established a Willamette River Cleanup Authority consisting of five members. The authority shall be composed of:
(a) The Governor;
(b) Two members of the House of Representatives, appointed by the Speaker of the House of Representatives; and
(c) Two members of the Senate, appointed by the President of the Senate.
(2) The purpose of the authority is to:
(a) Receive periodic reports from the Department of Environmental Quality, the United States Environmental Protection Agency and potentially responsible parties involved in the remedial investigation and feasibility study process relating to the listing of the Willamette River on the National Priorities List described in 42 U.S.C. 9605; and
(b) Make recommendations to the Legislative Assembly on the amount of general obligation bonds or other bonds that would need to be issued to pay for the implementation of all or a portion of the record of decision of the remedial investigation and feasibility study process.
(3) The Governor shall serve as chairperson, and a majority of members constitutes a quorum for the transaction of business.
(4) All agencies of the state government, as defined in ORS 174.111, are directed to assist the authority in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the authority consider necessary to perform their duties.
(5) The authority may hold public meetings for the transaction of any of its business at the times and places as it may prescribe. At any such public hearing, any person interested in the matter being investigated may appear and testify.
(6) The authority shall establish such advisory or technical committees as it considers necessary to aid and advise the authority in the performance of its duties. The authority shall determine the representation, membership, terms and organization of the committees and shall appoint committee members, except that at least one advisory committee shall be composed of representatives of property owners in the area that is the subject of the remedial investigation and feasibility study, state and local environmental organizations, the Port of Portland, the City of Portland and private-sector labor representatives.
(7) Members of the advisory or technical committees are not entitled to compensation nor reimbursement for actual and necessary travel and other expenses. [2003 c.696 §3]
Note:
See note under 468.531.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.581 - Definitions for ORS 468.581 to 468.587.

As used in ORS 468.581 to 468.587:
(1) "Adaptive management mechanisms" means the processes of implementing programs in a scientifically based, systematically structured approach that tests and monitors assumptions and predictions in management activities and then uses the resulting information to improve programs and management activities.
(2) "Ecological values" means clean air, clean and abundant water, fish and wildlife habitat and other values that are generally considered public goods.
(3) "Ecosystem services" means the benefits that human communities enjoy as a result of natural processes and biological diversity.
(4) "Ecosystem services market" means a system in which providers of ecosystem services can access financing to protect, restore and maintain ecological values, including the full spectrum of regulatory, quasi-regulatory and voluntary markets.
(5) "Payment for ecosystem services" means arrangements through which the beneficiaries of ecosystem services pay back the providers of ecosystem services. [2009 c.808 §1; 2013 c.1 §70]
Note:
468.581 to 468.587 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 468 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.583 - Policy.

It is the policy of this state to support the maintenance, enhancement and restoration of ecosystem services throughout Oregon, focusing on the protection of land, water, air, soil and native flora and fauna. [2009 c.808 §2]
Note:
See note under 468.581.