(2) Notwithstanding the surcharge percentage rate described in subsection (1) of this section, the department shall reduce the surcharge percentage rate below four percent for a biennium if the department determines that the reduced surcharge percentage rate will be sufficient to defray the costs to the department of licensing and hosting the environmental data management system during the biennium. If the department determines that a reduced surcharge percentage rate will be sufficient, the department shall issue an order on or before January 1 of the odd-numbered year setting forth the reduced surcharge percentage rate for the following biennium. If the department reduces the surcharge percentage rate under this subsection, the surcharge percentage rate shall revert to four percent after the end of the biennium, unless the department issues an additional order as provided in this subsection.
(3) If the department reduces the surcharge percentage rate as described in subsection (2) of this section, the department shall notify all persons with an active account within the environmental data management system of the reduced surcharge percentage rate.
(4) Surcharge moneys collected by the department under this section shall be included in the fee or invoice payment associated with the surcharge and initially deposited into the same fund or account as the fee or invoice payment associated with the surcharge. The department shall periodically transfer all surcharge moneys from the funds or accounts into which surcharge moneys were initially deposited to the Environmental Data Management System Fund established under ORS 468.054. [2021 c.568 §3]