reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 458 - Housing and Community Services Programs; Individual Development Accounts › Section 458.620 - Oregon Housing Fund; subaccounts.

(1) There is created, separate and distinct from the General Fund of the State Treasury, the Oregon Housing Fund, which consists of five separate revolving accounts:
(a) The Housing Development and Guarantee Account;
(b) The Emergency Housing Account;
(c) The Home Ownership Assistance Account;
(d) The Agricultural Worker Housing Development Account; and
(e) The General Housing Account.
(2) Earnings on investment of moneys in:
(a) The Housing Development and Guarantee Account accrue to that account.
(b) The Emergency Housing Account accrue to that account.
(c) The Home Ownership Assistance Account accrue to that account.
(d) The Agricultural Worker Housing Development Account accrue to that account.
(e) The General Housing Account accrue to that account.
(3)(a) Moneys in the Housing Development and Guarantee Account are continuously appropriated to the Housing and Community Services Department to carry out the provisions of ORS 458.630.
(b) Moneys in the Emergency Housing Account are continuously appropriated to the department to carry out the provisions of ORS 458.650.
(c) Moneys in the Home Ownership Assistance Account are continuously appropriated to the department to carry out the provisions of ORS 458.655.
(d) Moneys in the Agricultural Worker Housing Development Account are continuously appropriated to the department to carry out the provisions of ORS 458.660.
(e) Moneys in the General Housing Account are continuously appropriated to the department to carry out the provisions of ORS 456.515 to 456.725.
(4) Individuals and corporations, both for profit or nonprofit, may make monetary contributions to be credited to:
(a) The Housing Development and Guarantee Account; or
(b) The General Housing Account. [1991 c.740 §§3,8; 1995 c.174 §1; 2001 c.310 §§2,3; 2009 c.18 §8; 2015 c.737 §2; 2019 c.576 §4; 2020 s.s.2 c.10 §39; 2021 c.525 §§23,24]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 458 - Housing and Community Services Programs; Individual Development Accounts › Section 458.625 - Housing Development Grant Program; uses; policies.

(1) There is established the Housing Development Grant Program in the Housing and Community Services Department for the purpose of expanding the supply of affordable rental housing for persons with low or very low income.
(2) The program shall pay the costs incurred in the administration of the program and award grants:
(a) To assist organizations and for-profit business entities in constructing new housing, or in acquiring or rehabilitating existing structures, for housing for persons with low or very low income.
(b) To provide nonprofit organizations, as set forth in ORS 458.210 to 458.240, with technical assistance or predevelopment costs. Predevelopment costs include site acquisition, architectural services and project consultants.
(c) To develop nonprofit organizations that show sufficient evidence of having strong community support and a strong likelihood of producing housing for persons with low or very low income. Grants may not be used by an organization for its general operations.
(d) To match public and private moneys available from other sources for production of housing for persons with low or very low income.
(3) The department shall give preference in making grants from the program to those entities that the department determines will:
(a) Construct, acquire or rehabilitate the greatest number per dollar granted of housing units for persons with low or very low income by acquiring matching funds or other grant, loan or eligible in-kind contributions;
(b) Ensure the longest use for the units as housing for persons with low or very low income; or
(c) Offer the occupants of the proposed housing services relevant to identified needs, including services that address home health care, mental health care, alcohol and drug treatment and post-treatment care, child care or case management.
(4) The Oregon Housing Stability Council may adopt policies obligating the department to distribute grants statewide while concentrating grants from the program in those areas of this state with the greatest need, as determined by the council, for housing for persons with low or very low income. [1991 c.740 §5; 1999 c.283 §1; 2003 c.743 §5; 2007 c.70 §267; 2011 c.169 §1; 2011 c.605 §1; 2015 c.180 §25; 2015 c.608 §2; 2019 c.576 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 458 - Housing and Community Services Programs; Individual Development Accounts › Section 458.658 - Assistance for organizations supporting homeownership for persons of color.

(1) The Housing and Community Services Department, in consultation with the Oregon Housing Stability Council, shall provide grants and technical assistance to organizations that, in working with households with income at or below area median income, attempt to increase access for persons of color to programs and services that assist with homeownership, including counseling, financial literacy, post-purchase counseling and down payment assistance.
(2) Technical assistance and grants provided to organizations under this section should prioritize organizations that have an identified commitment and capacity to:
(a) Provide services to persons of color through services that incorporate the cultural values of the persons’ communities;
(b) Support or expand culturally specific homeownership counseling and education programs for those populations with disparities in homeownership;
(c) Leverage partnerships with the private sector, credit unions or other financial institutions;
(d) Leverage funding from other nonprofit sources; or
(e) Identify and use best practices in establishing course content guidelines and in exploring ways to systematically deliver certain services, including language access, program materials and counseling, to both increase service availability and reduce costs to individual providers, especially in rural areas. [2021 c.170 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 458 - Housing and Community Services Programs; Individual Development Accounts › Section 458.660 - Agricultural Worker Housing Development Account.

(1) Except as provided in subsection (2) of this section, the Housing and Community Services Department shall disburse the moneys credited to the Agricultural Worker Housing Development Account to expand this state’s supply of housing for low and very low income agricultural workers.
(2) The department may expend funds from the account for administration of the account as provided for in the legislatively approved budget, as that term is defined in ORS 291.002, for the department. [2001 c.310 §1; 2011 c.605 §4; 2021 c.525 §22]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 458 - Housing and Community Services Programs; Individual Development Accounts › Section 458.665 - General Housing Account; rules.

(1) The Housing and Community Services Department shall administer the General Housing Account.
(2) The department shall disburse moneys credited to the account to accomplish the purposes described in ORS 456.515 to 456.725, except that 25 percent of moneys deposited in the account pursuant to ORS 294.187 is dedicated for expenditure to meet the critical housing needs of veterans in this state.
(3) The department may disburse moneys in the account by contract, grant, loan or otherwise as the department determines necessary.
(4) The department may set interest rates on loans made with moneys in the account.
(5) The department shall establish guidelines for the types of loans financed with moneys in the account by rule.
(6) The department may use moneys in the account to pay allowable administrative expenses incurred under ORS 456.515 to 456.725.
(7) The department may, in the director’s discretion, return moneys received for deposit in the account to the original source of the moneys.
(8) The department may accept moneys for deposit in the account pursuant to ORS 458.620 (4) and enter into agreements regarding the use of moneys deposited with the original source of the moneys.
(9) The department shall adopt rules that:
(a) Subject to subsection (2) of this section, govern the allocation of moneys deposited in the account to best meet critical housing needs and build organizational capacity of partners throughout this state; and
(b) Consistent with subsection (10) of this section, require equitable distribution of resources over time based on objective measures of need, including the number and percentage of low and very low income households in an area.
(10) The Oregon Housing Stability Council shall adopt a policy that provides for distribution by the department of account moneys and account investment revenue statewide while concentrating account moneys and account investment revenue in those areas of this state with the greatest need, as determined by the council, for housing for persons with a low or very low income. [2009 c.18 §10; 2013 c.646 §5; 2015 c.608 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 458 - Housing and Community Services Programs; Individual Development Accounts › Section 458.675 - Legislative findings.

The Legislative Assembly finds that:
(1) The problem of poverty will not be solved solely by government programs and income subsidies.
(2) Family economic well-being does not come solely from income, spending or consumption, but instead requires savings, investment and the accumulation of assets.
(3) It is appropriate for the state to institute an asset-based antipoverty strategy.
(4) The state has an opportunity to take advantage of private and federal resources by making the transition to an asset-based antipoverty strategy. Those resources may include, but are not limited to, the Assets for Independence Act (42 U.S.C. 604) and the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.).
(5) Investment through an individual development account system will help lower income households obtain the assets they need to succeed. Communities and this state will experience resultant economic and social benefits accruing from the promotion of the financial stability and resilience of lower income households. [1999 c.1000 §2; 2017 c.185 §12; 2017 c.297 §35; 2021 c.525 §9]
Note:
See note under 458.670.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 458 - Housing and Community Services Programs; Individual Development Accounts › Section 458.680 - Persons qualifying as account holders.

(1) A person who qualifies to become an account holder may enter into an agreement with a fiduciary organization for the establishment of an individual development account.
(2) To become an account holder a person must, in addition to meeting any other qualifications, be a member of a lower income household that has a net worth of less than $20,000.
(3) Every account holder, with support from the fiduciary organization, shall develop a personal development plan to advance account holder self-reliance. The personal development plan must include appropriate coaching, mentorship, social support, financial adequacy training and asset-specific training designed to increase the independence of the person and the person’s household through achievement of the account’s approved purpose.
(4) Notwithstanding subsection (1) of this section, a fiduciary organization may refuse to allow a qualified person to establish an account if establishment of the account would result in the members of a lower income household having more than one account. Notwithstanding subsection (1) of this section, a fiduciary organization shall refuse to allow a qualified person to establish an account if establishment of the account would result in the members of a lower income household having more than two accounts. [1999 c.1000 §3; 2007 c.765 §3; 2013 c.270 §1; 2021 c.525 §10]
Note:
See note under 458.670.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 458 - Housing and Community Services Programs; Individual Development Accounts › Section 458.690 - Required account features; rules.

(1) A fiduciary organization selected under ORS 458.695 may qualify as the recipient of account contributions that qualify the contributor for a tax credit under ORS 315.271 only if the fiduciary organization matches amounts deposited by the account holder according to a formula established by the fiduciary organization of not less than $1 nor more than $5 for each $1 deposited by the account holder. The matching funds must be deposited into a designated account that is controlled by the fiduciary organization and is separate from the savings account of the account holder.
(2) Account holders may not accrue more than $6,000 of matching funds under subsection (1) of this section from state-directed moneys in any 12-month period. A fiduciary organization may designate a lower amount as a limit on annual matching funds. A fiduciary organization shall maintain on deposit sufficient funds to cover the matching deposit agreements for all individual development accounts managed by the organization.
(3) The Housing and Community Services Department shall adopt rules to establish a maximum total amount of state-directed moneys that may be deposited as matching funds into an individual development account.
(4) The Housing and Community Services Department shall provide information to the Department of Revenue about all individual development account contributors that are qualified for a tax credit under ORS 315.271, if required by ORS 315.058. [1999 c.1000 §5; 2001 c.648 §5; 2003 c.280 §19; 2007 c.765 §5; 2015 c.843 §21; 2019 c.483 §24; 2021 c.525 §12]
Note:
Section 9 (1), chapter 765, Oregon Laws 2007, provides:
Sec. 9.
(1) A credit may not be claimed under ORS 315.271 and 458.690 for tax years beginning on or after January 1, 2030. [2007 c.765 §9; 2015 c.701 §7; 2021 c.525 §7(1); 2023 c.490 §16(1)]
Note:
See note under 458.670.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 458 - Housing and Community Services Programs; Individual Development Accounts › Section 458.695 - Selection of fiduciary organizations.

The Housing and Community Services Department may select fiduciary organizations to administer moneys directed by the state to individual development account purposes. In making the selections, the department shall consider factors including, but not limited to:
(1) The ability of the fiduciary organization to implement and administer the individual development account program, including the ability to verify account holder eligibility, certify that matching deposits are used only for approved purposes and exercise general fiscal accountability;
(2) The capacity of the fiduciary organization to provide or raise matching funds for the deposits of account holders;
(3) The capacity of the fiduciary organization to provide appropriate support services and general assistance to advance account holder self-reliance; and
(4) The links that the fiduciary organization has to other activities and programs designed to increase the independence of this state’s lower income households through education and training, home ownership and small business development. [1999 c.1000 §6; 2007 c.765 §6]
Note:
See note under 458.670.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 458 - Housing and Community Services Programs; Individual Development Accounts › Section 458.700 - Authority of fiduciary organizations; rules.

(1) Subject to Housing and Community Services Department rules, a fiduciary organization has sole authority over, and responsibility for, the administration of individual development accounts. The responsibility of the fiduciary organization extends to all aspects of the account program, including marketing to participants, soliciting additional matching contributions, counseling account holders, providing financial literacy education, and conducting required verification and compliances activities. The fiduciary organization may establish program provisions as the organization believes necessary to ensure account holder compliance with the provisions of ORS 458.680 and 458.685. A fiduciary organization may establish income and net worth limitations for account holders that are lower than the income and net worth limitations established by ORS 458.670 (5) and 458.680 (2).
(2) A fiduciary organization may act in partnership with other entities, including businesses, government agencies, nonprofit organizations, community development corporations, community action programs, housing authorities and congregations to assist in the fulfillment of fiduciary organization responsibilities under ORS 458.670 and 458.675 to 458.700.
(3) A fiduciary organization may use a reasonable portion of moneys allocated to the individual development account program for administration, operation and evaluation purposes.
(4) A fiduciary organization shall provide the Housing and Community Services Department with an annual report of the fiduciary organization’s individual development account program activity. The report must be filed no later than 90 days after the end of the fiscal year of the fiduciary organization. The report must include, but is not limited to:
(a) The number of individual development accounts administered by the fiduciary organization;
(b) The amount of deposits and matching deposits for each account;
(c) The purpose of each account;
(d) The number of withdrawals made; and
(e) Any other information the department may require for the purpose of making a return on investment analysis.
(5) The department may make all reasonable and necessary rules to ensure fiduciary organization compliance with ORS 458.670 and 458.675 to 458.700. [1999 c.1000 §7; 2001 c.648 §6; 2003 c.280 §20; 2007 c.765 §10; 2015 c.701 §10; 2015 c.843 §§22,23; 2021 c.525 §13]
Note:
See note under 458.670.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 458 - Housing and Community Services Programs; Individual Development Accounts › Section 458.705 - Legislative findings.

The Legislative Assembly finds that:
(1) The population of the state is growing and is expected to continue growing well into the 21st century. That population growth is uneven, resulting in some places struggling to manage new people, jobs and building, and other places being eager to attract a share of growth and economic development. A community’s pattern of development can accommodate a growing population and help rebuild rural and distressed economies while maintaining the state’s quality of life. Downtown areas need to be revitalized to accommodate more business and civic activity. Affordable housing must be developed near job centers. Rural and distressed communities need to be rebuilt to allow all sectors of the state to share in economic prosperity.
(2) Numerous barriers exist to achieving vibrant downtown areas and community centers, ample affordable housing and thriving rural economies. Overcoming those barriers will require the state to work in partnership with local communities, the private sector and community-based groups to provide livability. Regulations must be balanced with incentives. Private sector financing must be better leveraged. Local planning and zoning codes must allow the redevelopment of strategic infill sites. The needs of working families for housing, transportation and services that are affordable and accessible must be addressed by the entire community.
(3) A critical element in the creation of effective partnerships is a flexible funding source that can serve as an incentive to achieving quality development. Careful targeting of financial incentives can provide the needed impetus for revitalization of downtown areas throughout the state, the creation of affordable housing in the proper places and new job centers in places working to attract new growth.
(4) State government, in tandem with local and federal governments, nonprofit organizations and the business sector, provides a variety of tools to help build strong Oregon communities. Targeted financial incentives will complement existing tools and allow state government and its partners to enhance livability and make cost-effective use of public infrastructure. The resulting communities will be economically viable and will have housing that is affordable to community residents. [1999 c.956 §1]
Note:
458.705 to 458.740 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 458 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 458 - Housing and Community Services Programs; Individual Development Accounts › Section 458.715 - Duties of Oregon Housing Stability Council regarding Community Development Incentive Project Fund.

(1) The Oregon Housing Stability Council shall, with respect to the Community Development Incentive Project Fund established under ORS 458.720:
(a) Develop program guidelines, including specific project criteria and financing mechanisms.
(b) Review applications seeking funding from the fund and make recommendations for funding approval.
(c) Review proposals for cooperative agreements or joint projects between the council and other agencies to facilitate the goals of the fund.
(2) Subject to available financing, the council may approve any project that carries out the goals of the fund.
(3) Notwithstanding subsections (1) and (2) of this section, the council may make loans or grants from the Community Development Incentive Project Fund for the purpose of preserving affordable housing. [1999 c.956 §7; 2009 c.62 §1; 2015 c.180 §29]
Note:
See note under 458.705.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 458 - Housing and Community Services Programs; Individual Development Accounts › Section 458.720 - Community Development Incentive Project Fund; purpose; lottery bond proceeds.

(1) Pursuant to ORS 286A.560 to 286A.585, lottery bonds may be issued to make grants or loans to Oregon municipalities, businesses and individuals to encourage real estate developments that promote downtown and community center areas, provide affordable housing and other infill developments, and fund projects that promote business opportunities in Oregon’s distressed areas and rural communities.
(2) The use of lottery bond proceeds is authorized based on the following findings:
(a) The grants and loans made will be used to fund projects that assist Oregon communities in managing growth, thereby attracting industry and workers and improving Oregon’s labor market; and
(b) The projects will bring jobs and economic diversity to Oregon’s distressed areas and rural communities.
(3) The aggregate principal amount of lottery bonds issued pursuant to this section may not exceed the sum of $25 million and an additional amount estimated by the State Treasurer to be necessary to pay bond-related costs. Lottery bonds issued pursuant to this section shall be issued only at the request of the Director of the Housing and Community Services Department, in consultation with the Oregon Housing Stability Council.
(4) The net proceeds of lottery bonds issued pursuant to this section shall be deposited in the Community Development Incentive Project Fund, which is hereby established in the State Treasury separate and distinct from the General Fund.
(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.
(6) Interest earned by the Community Development Incentive Project Fund shall be credited to the fund or to the Housing Development and Guarantee Account, as determined by the council. In addition to any other moneys specifically designated by law, the fund shall consist of any amounts appropriated by the Legislative Assembly and any gifts, grants or donations. [Subsections (1) to (5) of 1999 Edition enacted as 1999 c.702 §3; subsection (6) of 1999 Edition enacted as 1999 c.956 §3; 2003 c.743 §7; 2007 c.783 §203b; 2015 c.180 §30]
Note:
See note under 458.705.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 458 - Housing and Community Services Programs; Individual Development Accounts › Section 458.725 - Fund appropriation and expenditure guidelines.

All moneys deposited in the Community Development Incentive Project Fund are continuously appropriated to the Housing and Community Services Department to carry out the purposes of the fund. In addition to any other purpose specifically provided by law, moneys deposited in the fund shall be expended for community development purposes, including but not limited to:
(1) Promoting affordable housing development near jobs and transportation;
(2) Revitalizing downtowns and community centers; and
(3) Rebuilding rural and distressed economies. [1999 c.956 §4]
Note:
See note under 458.705.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 458 - Housing and Community Services Programs; Individual Development Accounts › Section 458.730 - Department use of financing mechanisms; determination of funding adequacy.

(1) The Housing and Community Services Department may use the moneys in the Community Development Incentive Project Fund in any manner permitted under ORS 458.735. However, the primary purpose of the fund is to finance developments identified by the Oregon Housing Stability Council if other state or private financing sources are inadequate or unavailable. The department shall make the final determination as to whether financing sources are inadequate or unavailable.
(2) In expending moneys from the fund, the department may use financing mechanisms that include, but are not limited to:
(a) Grants or loans for the development of multifamily or single-family affordable housing located near community centers or employment centers.
(b) Grants or loans for the development of mixed-use real estate projects located in downtown or community center areas.
(c) Grants or loans that result in the placement or retention of businesses in downtown or community center areas.
(d) Partial loan guarantees or other credit enhancement tools to private commercial lenders.
(e) Grants or loans to finance infrastructure development that creates jobs or housing in communities identified by the Oregon Business Development Department as rural or distressed.
(f) Interim ownership by the Housing and Community Services Department of real estate located within downtown or community center areas.
(g) Other financial tools or incentives that the council determines would further the intended purposes of the fund. [1999 c.956 §5; 2015 c.180 §31]
Note:
See note under 458.705.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 458 - Housing and Community Services Programs; Individual Development Accounts › Section 458.735 - Department review of projects; lending criteria.

The Housing and Community Services Department shall:
(1) Administer the Community Development Incentive Project Fund in accordance with rules adopted by the department.
(2) Verify documentation and approve or disapprove funding recommended by the Oregon Housing Stability Council under ORS 458.715.
(3) Seek to leverage local, federal and private financial resources for use in conjunction with fund expenditures.
(4) Emphasize use of the fund to fill funding gaps in projects identified by the council that are designed to achieve the objectives of the fund.
(5) If making a fund expenditure as a loan, establish lending criteria that allow the fund to create quality development patterns and produce a sound loan portfolio. In establishing the criteria, the department shall permit the assumption of an appropriate level of risk, maintain a reserve for losses and provide for the periodic monitoring of reserve adequacy. Loan repayments may be used by the department in any financially prudent manner consistent with fund goals. [1999 c.956 §8; 2015 c.180 §32; 2023 c.193 §11]
Note:
See note under 458.705.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 458 - Housing and Community Services Programs; Individual Development Accounts › Section 458.740 - Project facilitation.

In addition to any other power or authority granted to the Housing and Community Services Department, the department may:
(1) Acquire property and hold, conserve, improve, lease, sell or otherwise use or exercise control over the property for the purpose of facilitating the use of the property as part of a community development project.
(2) Enter into cooperative agreements or joint projects with other agencies as approved by the Oregon Housing Stability Council.
(3) To the extent authorized by law, enter into contracts for the purchase of land and improvements and exercise control over purchased land and improvements.
(4) To the extent authorized by law, enter into contracts for the completion of site development functions including, but not limited to, design services, design review with local governments and completion of the permitting process. [1999 c.956 §9; 2015 c.180 §33]
Note:
See note under 458.705.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.007 - Applicability of ORS 459.005 to wood residue.

ORS 459.005 does not apply to wood residue that:
(1) Is a by-product of manufacturing wood products or processing wood at a facility that manufactures wood products, including a sawmill, pulp mill or paper mill;
(2) Is not commingled with other types of solid waste; and
(3)(a) Is combusted as a fuel by the generator of the wood residue in a facility that has obtained a permit described in ORS 468A.040 and that is owned or operated by that generator; or
(b) Is purchased from or exchanged by the generator of the wood residue for fair market value and is combusted as a fuel in a facility that has obtained a permit described in ORS 468A.040. [2011 c.717 §3]
Note:
459.007 was added to and made a part of ORS chapter 459 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.017 - Relationship of state to local governments in solid waste management.

(1) The Legislative Assembly finds and declares that:
(a) The planning, location, acquisition, development and operation of landfills is a matter of statewide concern.
(b) Local government units have the primary responsibility for planning for solid waste management.
(c) Where the solid waste management plan of a local government unit has identified a need for a landfill, the state has a responsibility to assist local government and private persons in establishing such a site.
(2) It is the intent of the Legislative Assembly that any action taken by the Environmental Quality Commission to establish a landfill under ORS 459.049 be recognized as an extraordinary measure that should be exercised only in the closest cooperation with local government units that have jurisdiction over the area affected by the proposed establishment of a landfill. [1979 c.773 §2; 1993 c.560 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.025 - General powers and duties of department.

Subject to policy direction by the Environmental Quality Commission, the Department of Environmental Quality:
(1) Shall promote and coordinate research, studies and demonstration projects on improved methods and techniques in all phases of solid waste management.
(2) May apply to and receive funds from the federal government and from public and private agencies to carry out studies, research and demonstration projects in the field of solid waste management.
(3) May enter into agreements with the federal government, state agencies, local government units and private persons to carry out ORS 459.005 to 459.105, 459.118, 459.121 and 459.205 to 459.385. [1971 c.648 §4; 1973 c.835 §136; 1993 c.560 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.035 - Assistance in development and implementation of solid waste management plans and practices and recycling programs.

Consistent with ORS 459.015 (2)(e), the Department of Environmental Quality shall provide to state agencies, local government units and persons providing collection service, advisory technical and planning assistance in development and implementation of effective solid waste management plans and practices, implementation of recycling programs under ORS 459.250, 459A.005 to 459A.120 and 459A.600 to 459A.620, and assistance in training of personnel in solid waste management. The department shall report to the Legislative Assembly from time to time on further assistance that will be needed to develop, implement and administer effective solid waste management programs or recycling programs. The department shall assist in surveys to locate potential disposal sites. The department may request the assistance of other state agencies. [1971 c.648 §3; 1983 c.729 §16; 1993 c.560 §6; 2021 c.681 §55]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.045 - Rules.

(1) The Environmental Quality Commission shall adopt reasonable and necessary solid waste management rules governing the:
(a) Accumulation, storage, collection, transportation and disposal of solid wastes to prevent vector production and sustenance, transmission of diseases to humans or animals, air pollution, pollution of surface or ground waters, and hazards to service or disposal workers or to the public.
(b) Location of disposal sites, giving consideration to:
(A) The adaptability of each disposal site to the population served, topography and geology of the area and other characteristics as they affect protection of ground and surface waters and air pollution;
(B) Minimum standards of design, management and operation of disposal sites; and
(C) Salvage operations at disposal sites.
(c) Construction, loading and operation of vehicles used in performing collection service to prevent the contents of the vehicles from dropping, sifting, leaking or escaping onto public highways.
(d) Definition of other "wastes" subject to regulation under ORS 459.005 to 459.105, 459.205 to 459.385 and 459.992 (1) and (2).
(e) Closure and post-closure maintenance of land disposal sites.
(2) The commission may by rule:
(a) Exempt a class of land disposal sites other than those receiving domestic solid waste from the requirement to provide financial assurance under ORS 459.272; or
(b) Establish criteria that a land disposal site must meet to be exempted from the requirement to provide financial assurance under ORS 459.272.
(3) The commission shall adopt rules on other subjects as necessary to carry out:
(a) ORS 459.005 to 459.105 and 459.205 to 459.385.
(b) ORS 646.608 (1)(y). Rules adopted under this paragraph shall, to the greatest extent practicable, be consistent with the labeling requirements of other states.
(4) The commission shall adopt rules which have modified or limited application in different geographic areas of the state when special conditions prevail in specified geographic areas. Special conditions that shall be considered include, but are not limited to, climatic conditions, zone classification of the area, population characteristics, methods and costs of solid waste management, solid waste management plans and other conditions in the area. Modifications or limitations shall not be unreasonable, arbitrary or inimical to the policy and purposes of ORS 459.005 to 459.105 and 459.205 to 459.385.
(5) All rules adopted under this section shall be adopted after public hearing and in accordance with ORS chapter 183.
(6) Unless a rule adopted under this section is adopted pursuant to the authority granted by ORS 183.335 (5), the commission shall mail copies of the proposed rules to all persons who have requested such copies. The copies shall be mailed at least 30 days prior to the hearing required by subsection (5) of this section. [1971 c.648 §5; 1973 c.835 §137; 1981 c.709 §2; 1983 c.766 §6; 1993 c.560 §§7,7a; 2001 c.924 §23]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.046 - Solid waste regulatory program; federal approval.

The Environmental Quality Commission and the Department of Environmental Quality are authorized to perform or cause to be performed any act necessary to gain partial and final approval of a solid waste regulatory program under the provisions of the Federal Resource Conservation and Recovery Act of 1976, P.L. 94-580 and the Hazardous and Solid Waste Amendments of 1984, P.L. 98-616 as amended, and federal regulations and interpretive and guidance documents issued pursuant to the Resource Conservation and Recovery Act. [Formerly 459.209]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.051 - Procedural rules.

In accordance with the requirements of ORS chapter 183 and after public hearing, the Environmental Quality Commission shall adopt rules:
(1) To establish a procedure for local government units to request assistance from the Department of Environmental Quality in the establishment of a landfill under ORS 459.047, and to give notice of such requests.
(2) To establish a procedure for obtaining public comment on determinations of need for a landfill made by the commission under ORS 459.049.
(3) To provide for public hearings in the area affected by a proposed landfill to be established by the department under ORS 459.049. [1979 c.773 §5; 1993 c.560 §10]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.053 - Powers of department regarding landfills.

Subject to policy direction by the Environmental Quality Commission in carrying out ORS 459.017, 459.047 to 459.065, 459.245 and 468.195 to 468.260, the Department of Environmental Quality may:
(1) By mutual agreement, return all or part of the responsibility for development or operation of the landfill to the local government unit within whose jurisdiction the landfill is to be established, or contract with the local government unit to establish the landfill.
(2) To the extent necessary, acquire by purchase, gift, grant or exercise of the power of eminent domain, real and personal property or any interest therein, including the property of a public corporation or local government unit.
(3) Lease and dispose of real or personal property.
(4) At reasonable times and after reasonable notice, enter upon land to perform necessary surveys or tests.
(5) Acquire, modify, expand or build landfills.
(6) Subject to any limitations in ORS 468.195 to 468.260, use money from the Pollution Control Fund created in ORS 468.215 for the purposes of carrying out ORS 459.047 and 459.049.
(7) Enter into contracts or other agreements with any local government unit or private person for the purposes stated in ORS 459.065 (1).
(8) Accept gifts, donations or contributions from any source to carry out the provisions of ORS 459.047 and 459.049.
(9) Establish a system of fees or user charges to fund the operation and maintenance of a department owned landfill and to repay department costs. [1979 c.773 §6; 1983 c.826 §22; 1993 c.560 §11]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.057 - Department to limit wastes allowed in landfills in certain counties.

(1) Before issuing a permit for a landfill to be established under ORS 459.047 or 459.049 or for a disposal site established as a conditional use in an area zoned for exclusive farm use within the boundaries of Clackamas, Marion, Multnomah, Polk or Washington County, the Department of Environmental Quality shall require that, to the extent legally, technically and economically feasible only solid waste from transfer stations or solid waste residues from material or energy recovery facilities will be deposited in the disposal site. As used in this section, "transfer station" means a site established for the collection and temporary storage of solid waste pending shipment in a compact and orderly manner to a disposal site.
(2) Nothing in this section shall be construed to prohibit the department from allowing other solid waste to be deposited in the disposal site in order to protect the public health and safety or the waters of this state during a temporary emergency condition. [1979 c.773 §86; 1993 c.560 §13]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.061 - Upland placement of dredged material; rules.

(1) For purposes of any rules adopted by the Environmental Quality Commission pursuant to ORS 459.005 to 459.437 that require a determination that the use of a solid waste is productive, upland placement of dredged material by a port district shall be determined productive. Nothing in this section is intended to affect any other requirement adopted by rule by the commission related to the upland placement of dredged material or other material that is solid waste.
(2) For purposes of this section, "dredged material" means rock, gravel, sand, silt or other similar material removed from waters of the state, whether saturated or not. [2015 c.494 §2]
Note:
459.061 was added to and made a part of 459.005 to 459.437 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.065 - State preemption; intergovernmental agreements authorized.

(1) The Legislative Assembly finds that solid waste disposal is a matter of statewide concern. The Legislative Assembly finds that carrying out the provisions of ORS 459.005 to 459.105, 459.205 to 459.385 and 459A.005 to 459A.085 by local government units is a matter of statewide concern. In carrying out the provisions of ORS 459.005 to 459.105, 459.205 to 459.385 and 459A.005 to 459A.085, a local government unit may, as one of its authorized functions, enter into any agreement which the local government unit determines is desirable, for any period of time, with the Department of Environmental Quality, any local government unit or other person:
(a) For joint franchising of service or the franchising or licensing of disposal sites.
(b) For joint preparation or implementation of a solid waste management plan.
(c) For establishment of a joint solid waste management system.
(d) For cooperative establishment, maintenance, operation or use of joint disposal sites, including but not limited to energy and material recovery facilities.
(e) For the employment of persons to operate a site owned or leased by the local government unit.
(f) For promotion and development of markets for energy and material recovery.
(g) For the establishment of landfills including site planning, location, acquisition, development and placing into operation.
(2) Authority granted by ORS 459.005 to 459.105 and 459.205 to 459.385 to a local government unit is specific and is in no way intended to restrict the general authority granted under ORS 190.010 to 190.030, 190.110, 203.010 to 203.075, 203.111, 203.145 to 203.810 and ORS chapters 268, 450 and 451 and is in addition to and not in lieu of such authority. [1971 c.648 §14; 1973 c.835 §138; 1975 c.239 §3; 1977 c.95 §6; 1979 c.773 §7; 1993 c.560 §14]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.075 - Acquisition of property for disposal sites by cities and counties.

Subject to the requirements of ORS 459.005 to 459.105 and 459.205 to 459.385, a county or a city may acquire real or personal property by lease, purchase, exercise of the power of eminent domain or otherwise for the purpose of operating and maintaining disposal sites. With the consent of the city involved, a county may acquire property for a site within the limits of a city. With the consent of the county having jurisdiction, a city may acquire property for a site outside the limits of the city. [1971 c.648 §15]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.095 - Restrictions on authority of local government units.

(1) No ordinance, order, regulation or contract affecting solid waste management shall be adopted by a local government unit if such ordinance, order, regulation or contract conflicts with rules adopted by the Environmental Quality Commission under ORS 459.045 or 459A.025 or with a solid waste management plan or program adopted by a metropolitan service district and approved by the Department of Environmental Quality or any ordinances or regulations adopted under such plan or program.
(2) Solid waste management regulations adopted by a sanitary district or sanitary authority shall be limited to regulations supplemental to the rules adopted by the commission under ORS 459.045 or 459A.025 and necessary to meet special local conditions. [1971 c.648 §17; 1973 c.835 §139; 1977 c.95 §7; 1993 c.560 §16]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.105 - Regulations on use of disposal sites.

A local government unit may regulate the use of each disposal site owned or operated by the local government unit, governing the volume or type of solid wastes that will be received at the site and the particular class of person that may use the site. [1971 c.648 §18; 1993 c.560 §17]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.108 - Civil penalty to enforce ordinance prohibiting action described in ORS 164.775, 164.785 or 164.805.

(1) A city or county may impose a civil penalty to enforce the requirements of an ordinance that prohibits any action or conduct described in ORS 164.775, 164.785 or 164.805.
(2) An ordinance described in subsection (1) of this section may establish a maximum or minimum amount for the civil penalty imposed under the ordinance for each violation. The total amount of the civil penalty may be increased to include all of the costs incurred by the city or county in removing the refuse or offensive substance unlawfully placed on property and in eliminating the effects of such unlawful placement.
(3) A civil penalty imposed for violation of an ordinance prohibiting any action or conduct described in ORS 164.775, 164.785 or 164.805 shall be an alternative to criminal enforcement of the ordinance. A city or county that commences and maintains a civil action to collect such a civil penalty from any person shall not cause a criminal prosecution to be commenced or maintained against that person for the same violation of the ordinance.
(4) When a city or county ordinance prohibits any action or conduct that is described in ORS 164.775, 164.785 or 164.805, a name found on various items in a deposit of rubbish or other solid waste placed on land or in water in violation of the ordinance constitutes rebuttable evidence that the person whose name appears on the items has violated the ordinance. However, the rebuttable presumption created by this subsection exists only when a name on items denotes ownership of the items, such as the name of an addressee on an envelope. [1991 c.653 §7]
Note:
459.108 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 459 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.