Chapter 468 — Chapter 468

ORS 468.165 Application for certification of pollution control facilities; rules; fees. (1) Any person may apply to the Environmental Quality Commission for certification under ORS 468.170 of a pollution control facility or portion thereof erected, constructed or installed by the person in Oregon if

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ORS 468.167 Application for precertification. (1) Any person proposing to apply for certification for tax relief under ORS 468.155 to 468.190 may apply, before the completion of a pollution control facility, for precertification of the facility with the Environmental Quality Commission

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ORS 468.170 Action on application; rejection; appeal; issuance of certificate; certification. (1) The Environmental Quality Commission shall act on an application for certification before the 120th day after the filing of the application under ORS 468.165. The action of the commission shall include certification of the actual cost of the facility and the portion of the actual cost properly allocable to the prevention, control or reduction of air, water or noise pollution or solid or hazardous waste or to recycling or appropriately disposing of used oil. The actual cost or portion of the actual cost certified may not exceed the taxpayer’s own cash investment in the facility or portion of the facility. Each certificate shall bear a separate serial number for each such facility

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ORS 468.172 “Environmental management system” defined. As used in ORS 468.173, “environmental management system” means a continual cycle of planning, implementing, reviewing and improving the actions undertaken at the facility to meet environmental obligations and improve environmental performance that meet

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ORS 468.173 Applicable percentage of certified cost of facility eligible for tax credit. For purposes of ORS 315.304, the applicable percentage of the certified cost of a facility shall be one of the following

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ORS 468.175 [1973 c.831 §2; 1975 c.496 §5; 1977 c.795 §5; 1979 c.802 §5; repealed by 1989 c.802 §8]

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ORS 468.180 Conditions for issuance of certificate under ORS 468.170. (1) No certification shall be issued by the Environmental Quality Commission pursuant to ORS 468.170 unless the facility, facilities or part thereof was erected, constructed or installed in accordance with the applicable provisions of ORS 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755, ORS chapters 459, 459A, 465, 466 and 467 and ORS chapters 468, 468A and 468B and the applicable rules or standards adopted pursuant thereto

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ORS 468.183 Revocation of certification for loss of Green Permit. (1) If a person has obtained pollution control facility certification in which the applicable percentage is 35 percent because of issuance of a Green Permit described under ORS 468.173 (3)(b) that applies to the certified facility and the Green Permit is revoked, the applicable percentage for any remaining tax credit to be claimed under ORS 315.304 shall be the applicable percentage described under ORS 468.173 (2). If the construction or installation of the facility is commenced on or after January 1, 2006, the pollution control facility certification shall be revoked

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ORS 468.185 Procedure to revoke certification; reinstatement. (1) Pursuant to the procedures for a contested case under ORS chapter 183, the Environmental Quality Commission may order the revocation of the certification issued under ORS 468.170 of any pollution control or solid waste, hazardous wastes or used oil facility, if it finds that

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ORS 468.187 [1981 c.710 §2; repealed by 1984 c.1 §18]

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ORS 468.190 Allocation of costs to pollution control; rules. (1) Subject to subsections (2), (3) and (4) of this section, in establishing the portion of costs properly allocable to the prevention, control or reduction of air, water or noise pollution or solid or hazardous waste or to recycling or appropriately disposing of used oil for facilities qualifying for certification under ORS 468.170, the Environmental Quality Commission shall consider the following factors

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ORS 468.195 Issuance of bonds authorized; principal amount. In order to provide funds for the purposes specified in Article XI-H of the Oregon Constitution, the Department of Environmental Quality may request the State Treasurer to issue bonds in accordance with the provisions of ORS chapter 286A. The principal amount of the bonds outstanding at any one time, issued under authority of this section, shall not exceed $260 million par value. [Formerly 449.672; 1981 c.312 §1; 1981 c.660 §42; 2007 c.783 §204]

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ORS 468.200 [Formerly 449.675; repealed by 1981 c.660 §18]

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ORS 468.205 [Formerly 449.677; repealed by 1981 c.660 §18]

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ORS 468.210 [Formerly 449.680; 1975 c.462 §14; repealed by 1981 c.660 §18]

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ORS 468.215 Pollution Control Fund. The money realized from the sale of each issue of bonds under ORS 468.195 shall be credited to a special fund in the State Treasury, separate and distinct from the General Fund, to be designated the Pollution Control Fund. Moneys in the Pollution Control Fund are continuously appropriated to the Department of Environmental Quality for the purpose of carrying out the provisions of ORS 468.195 to 468.260. Moneys in the fund may not be used for any other purpose, except that these moneys, with the approval of the State Treasurer, may be invested as provided by ORS 293.701 to 293.857, and the earnings from such investments shall be credited to the Pollution Control Sinking Fund maintained under ORS 468.230. [Formerly 449.682; 2005 c.755 §43]

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ORS 468.220 Department to administer fund; uses; legislative approval of grants; administrative assessment. (1) The Department of Environmental Quality is the agency for the State of Oregon for the administration of the Pollution Control Fund. The department is authorized to use the Pollution Control Fund for one or more of the following purposes

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ORS 468.225 Investment of gross proceeds of agency bonds or other obligations. All amounts that are treated as gross proceeds of agency bonds or other obligations, if invested, shall be invested in compliance with section 148 of the Internal Revenue Code of 1986, and the amendments thereto in effect on October 23, 1999. [Formerly 449.687; 1999 c.59 §137]

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ORS 468.230 Pollution Control Sinking Fund; use; limitation. (1) The Environmental Quality Commission shall maintain, with the State Treasurer, a Pollution Control Sinking Fund, separate and distinct from the General Fund. The Pollution Control Sinking Fund shall provide for the payment of the principal and interest upon bonds issued under authority of Article XI-H of the Constitution of Oregon and ORS 468.195 to 468.260 and administrative expenses incurred in issuing the bonds. Moneys in the sinking fund are continuously appropriated to the commission for such purpose. With the approval of the commission, the moneys in the Pollution Control Sinking Fund may be invested as provided by ORS 293.701 to 293.857, and earnings from such investment shall be credited to the Pollution Control Sinking Fund

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ORS 468.235 [Formerly 449.692; repealed by 1991 c.220 §15]

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ORS 468.240 Remedy where default occurs on payment to state. If any municipal corporation, city or county defaults on payments due to the state under ORS 468.195 to 468.260, the state may withhold any amounts otherwise due to the corporation, city or county to apply to the indebtedness. [Formerly 449.694]

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ORS 468.245 Acceptance of federal funds. The Environmental Quality Commission may accept assistance, grants and gifts, in the form of money, land, services or any other thing of value from the United States or any of its agencies, or from other persons subject to the terms and conditions thereof, regardless of any laws of this state in conflict with regulations of the federal government or restrictions and conditions of such other persons with respect thereto, for any of the purposes contemplated by Article XI-H of the Constitution of Oregon and by ORS 468.195 to 468.260. Unless enjoined by the terms and conditions of any such gift or grant, the commission may convert the same or any of them into money through sale or other disposal thereof. [Formerly 449.695]

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ORS 468.250 Participation in matching fund programs with federal government. (1) The Environmental Quality Commission may participate on behalf of the State of Oregon in any grant program funded in part by an agency of the federal government if the implementation of the program requires matching funds of the state or its participation in administering the program. However, any grant advanced by the commission to an otherwise eligible applicant shall not exceed 30 percent of the total eligible costs of the project applied for, and further provided that the project shall not be less than 70 percent self-supporting and self-liquidating from those sources prescribed by Article XI-H of the Constitution of Oregon

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ORS 468.253 Authority of director to act to benefit fund. (1) Notwithstanding any other provision of law, if the Director of the Department of Environmental Quality finds that it will benefit the financial condition of the Pollution Control Sinking Fund, with the approval of the State Treasurer the director may

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ORS 468.255 Limit on grants and loans. Any funds advanced by the Environmental Quality Commission by grant shall not exceed 30 percent of the total project costs for eligible projects or for facilities related to disposal of solid wastes, and any obligation acquired by the commission by purchase, contract, loan, or otherwise, shall not exceed 100 percent of the total project costs for eligible projects or for facilities related to disposal of solid wastes. Combinations of funds granted and loaned by whatever means shall not total more than 100 percent of the eligible project costs. [Formerly 449.699; 1981 c.312 §4]

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ORS 468.260 Return of unexpended funds to state required; use of returned funds. Any proceeds unexpended after a project is constructed and inspected, and after records relating thereto are audited by the Environmental Quality Commission, shall be returned to the commission on behalf of the State of Oregon to apply upon the retirement of principal and interest indebtedness on obligations acquired by it from a municipal corporation, city, county or agency of the State of Oregon, or any combinations thereof. [Formerly 449.701]

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ORS 468.263 Definitions for ORS 468.263 to 468.272. As used in ORS 468.263 to 468.272, unless the context requires otherwise

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ORS 468.264 Policy. The Legislative Assembly finds

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ORS 468.265 Powers of county over pollution control facilities; limitations. (1) In addition to any other powers which it may now have, each county shall have the following powers, together with all powers incidental thereto or necessary for the performance of the following

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ORS 468.266 Issuance of bonds. (1) All principal of and interest on bonds issued pursuant to ORS 468.263 to 468.272 shall be payable solely out of the revenues, proceeds and receipts from the lease or sale of the property, loan repayments, or out of the proceeds of revenue bonds issued pursuant to ORS 468.263 to 468.272 as shall be specified in the proceedings of the governing body by which the issuance of bonds shall have been authorized. The principal and interest shall not constitute nor give rise to a pecuniary liability of the municipality or a charge against its general credit or taxing powers, and such limitation shall be plainly stated upon the face of each bond

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ORS 468.267 Security for bonds. The principal of and interest on any bonds shall be secured by a pledge of the revenues, proceeds and receipts or any portion thereof out of which the principal and interest are made payable, and may be secured by a mortgage covering all or any part of the facilities from which the revenues, proceeds or receipts so pledged may be derived, including any enlargements thereof and additions thereto, by a pledge or assignment of the lease to such facility or by such other security as may be deemed to be prescribed in the proceedings of the governing body and authorizing the issuance of bonds. The proceedings under which the bonds are authorized to be issued and any mortgage securing such bonds may contain any agreements and provisions respecting the maintenance of the facilities and properties covered thereby, the fixing and collection of rents for any portions thereof leased by the municipality to others, the fixing and collection of proceeds from the sale of any facilities and properties by the municipality to others, the creation and maintenance of special funds from such revenues and the rights and remedies available in the event of default, and such other provisions not inconsistent with ORS 468.263 to 468.272, all as the governing body shall deem advisable and not in conflict with the provisions of ORS 468.263 to 468.272. Each pledge, lease, sublease, agreement and mortgage made for the benefit or security of any of the bonds shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made have been fully paid. [1974 c.34 §5]

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ORS 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

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ORS 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]

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ORS 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]

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ORS 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

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ORS 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]

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ORS 468.275 [Formerly 449.760; 1983 c.333 §1; renumbered 468A.005 in 1991]

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ORS 468.280 [Formerly 449.765; renumbered 468A.010 in 1991]

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ORS 468.285 [Formerly 449.770; renumbered 468A.015 in 1991]

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ORS 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]

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ORS 468.295 [Formerly 449.785; renumbered 468A.025 in 1991]

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ORS 468.300 [Formerly 449.825; renumbered 468A.030 in 1991]

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ORS 468.305 [Formerly 449.782; renumbered 468A.035 in 1991]

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ORS 468.310 [Formerly 449.727; 1991 c.752 §17; renumbered 468A.040 in 1991]

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ORS 468.315 [Formerly 449.731; 1991 c.752 §18; renumbered 468A.045 in 1991]

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ORS 468.320 [Formerly 449.707; renumbered 468A.050 in 1991]

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ORS 468.325 [Formerly 449.712; 1985 c.275 §1; renumbered 468A.055 in 1991]

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ORS 468.330 [Formerly 449.739; renumbered 468A.060 in 1991]

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ORS 468.335 [Formerly 449.722; renumbered 468A.065 in 1991]

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ORS 468.340 [Formerly 449.702; 1991 c.67 §129; renumbered 468A.070 in 1991]

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