Title 36A, Housing; Lottery and Games; Environment

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: (1) The standards establi…

For purposes of ORS 315.304, the applicable percentage of the certified cost of a facility shall be one of the following: (1) If the facility is certified under ORS 468.155 to 468.190 (1999 Edition) or if construction or installation of the facility is commenced prior to January …

(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, 4…

(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 p…

(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:…

(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 fac…

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 outstan…

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 app…

(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: (a) To grant funds not to exceed 30 pe…

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]

(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…

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]

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 …

(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…

(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: (a) Sell bonds, notes, c…

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 ot…

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 interes…

As used in ORS 468.263 to 468.272, unless the context requires otherwise: (1) “Bonds” means revenue bonds or other types of obligations authorized by ORS 468.263 to 468.272. (2) “Pollution control facilities” or “facilities” means any land, building or other improvement, appurten…

The Legislative Assembly finds: (1) That control of environmental damage and general health and welfare of the citizens of the State of Oregon is promoted by encouraging the installation of antipollution devices, equipment and facilities. (2) That the methods of financing provide…

(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: (a) To acquire, whether by purchase, exchange, devise, gift or otherwise, establi…

(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 …

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 t…

(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 payme…

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 wi…

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 …

(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 publ…

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 u…

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) “Pub…

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 pr…

(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 pu…

(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 …

(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 repa…

(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 …

(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…

(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’…

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 agreemen…

(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 ma…

As used in ORS 468.442 to 468.449: (1) “Light-duty zero-emission vehicle” means a motor vehicle that: (a) Has a gross vehicle weight rating of 8,500 pounds or less; (b) Is capable of attaining a speed of 55 miles per hour or more; and (c) Is powered: (A) Primarily by an electric …

(1) The Department of Environmental Quality shall establish a program for providing rebates to persons that purchase or lease qualifying vehicles for use in this state. The Director of the Department of Environmental Quality may hire or contract with a third-party organization to…

(1) As used in this section: (a) “Charge ahead rebate” means a rebate for the purchase or lease of a new or used light-duty zero-emission vehicle or plug-in hybrid electric vehicle issued through the Charge Ahead Oregon Program established under this section. (b) “Low-income serv…

(1) The Charge Ahead Zero-Emission Incentive Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Charge Ahead Zero-Emission Incentive Fund shall be credited to the fund. (2) Moneys in the Charge Ahead Zero-Emission Incent…

(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 468.44…

(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 …

(1) As used in this section, “qualifying vehicle” means a motor vehicle, as defined in ORS 801.360, or a combination of vehicles operated as a unit, that: (a) Has a gross vehicle weight rating of 8,501 pounds or greater; (b) Has a drivetrain that produces zero exhaust emissions o…

(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 t…

(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 Electrificati…

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 Commiss…

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 e…

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 functio…

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.