Maximum amount of additional fee; adjustments.

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(a) The fees established under ORS 459A.110 (1) shall be no more than $1.18 per ton for the biennium beginning July 1, 2015; and

(b) Any per-ton fee on disposal sites for composting under ORS 459A.110 (2) shall be no more than the per-ton fee assessed on domestic solid waste disposal under ORS 459A.110 (1), less $0.81 per ton.

(2) For the biennium beginning July 1, 2017, and each subsequent biennium and subject to prior approval by the Oregon Department of Administrative Services, the Environmental Quality Commission may:

(a) Proportionally adjust the fees established under this section and ORS 459A.110 to meet revenue needs consistent with the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board; or

(b) Adjust for inflation by modifying the amount of the fees established under this section and ORS 459A.110 based on the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor.

(3) Any fee adjustment adopted pursuant to subsection (2) of this section shall be adopted not less than six months prior to the date that the fee adjustment will be effective.

(4) The commission may not adopt a fee adjustment under subsection (2) of this section if the adjustment would result in:

(a) A fee increase or decrease of less than two percent for the biennium for which the fee adjustment will be effective; or

(b) A fee under ORS 459A.110 (1) that is greater than the maximum fee provided for in subsection (1)(a) of this section adjusted annually on July 1 by a three percent increase in the maximum fee.

(5) The commission may not adopt more than one fee adjustment under subsection (2) of this section each biennium. [2015 c.662 §6; 2019 c.57 §22]

Note: 459A.125 and 459A.130 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 459A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.


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