(2) The fees authorized by subsection (1) of this section shall:
(a) Apply for any class of air contamination sources classified pursuant to ORS 468A.050 for which a person is required to obtain a permit under ORS 468A.040 or 468A.155 or is subject to the federal operating permit program pursuant to ORS 468A.310; and
(b) Be in addition to, and not in lieu of, any other fee required under ORS 468.065 or 468A.315.
(3) Not more than once each calendar year, the Environmental Quality Commission may increase the fees authorized under this section. The amount of the annual increase may not exceed the anticipated increase in the cost of implementing ORS 468A.335 to 468A.343 and section 7, chapter 102, Oregon Laws 2018, or three percent, whichever is lower, unless a larger increase is provided for in the Department of Environmental Quality’s legislatively approved budget.
(4)(a) Any rule adopted under ORS 468.065 (2) regarding late payment of emission fees by an air contamination source issued a permit under ORS 468A.040 or 468A.155 shall apply in the same manner to an air contamination source issued a permit under ORS 468A.040 or 468A.155 for late payment of fees under this section.
(b) Any rule adopted under ORS 468A.315 regarding late payment of emission fees by sources subject to the federal operating permit program shall apply in the same manner to sources subject to the federal operating permit program for late payment of fees under this section.
(5) The department may, in the manner provided in ORS 468.070, refuse to issue, suspend, revoke or refuse to renew a permit issued under ORS 468A.040 or 468A.155 or under the federal operating permit program pursuant to ORS 468A.310 for failure to comply with the provisions of this section. [2018 c.102 §13]
Note: Sections 14 and 15, chapter 102, Oregon Laws 2018, provide:
Sec. 14. Fee increases. (1) Fees imposed pursuant to section 13 of this 2018 Act [468A.345] shall first become due and payable no earlier than July 1, 2019.
(2) The Environmental Quality Commission may not increase the fees established under section 13 of this 2018 Act pursuant to section 13 (3) of this 2018 Act before January 1, 2020. Increased fees imposed pursuant to this subsection shall first become due and payable no earlier than July 1, 2020.
(3)(a) A fee imposed under section 13 of this 2018 Act may not exceed an amount equal to 35 percent of the fee imposed on a person during the 2018 calendar year, pursuant to ORS 468.065 (2), for an air contamination source classified pursuant to ORS 468A.050 for which the person is required to obtain a permit under ORS 468A.040 or 468A.155 or is subject to the federal operating permit program pursuant to ORS 468A.310.
(b) For purposes of administering this subsection, the commission shall exclude from the fee imposed on a person during the 2018 calendar year that portion of the fee that was imposed to cover the costs to the Department of Environmental Quality for any greenhouse gas emissions registration and reporting requirements adopted by the commission by rule. [2018 c.102 §14]
Sec. 15. Section 14 of this 2018 Act is repealed on January 2, 2024. [2018 c.102 §15]
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