(1)(a) By September 30 of each year, the Department of Environmental Quality shall provide a rebate of the fees established under ORS § 459A.110 to the nine most economically distressed counties in this state.

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(b) The department shall annually identify the counties that will receive the rebate provided for under this section and, no later than January 31 of each year, provide notice to:

(A) Each of the economically distressed counties identified by the department that will receive the rebate calculated under subsection (2) of this section for the calendar year; and

(B) Each of the counties that received a rebate during the previous calendar year.

(2)(a) For the biennium beginning July 1, 2015, the amount of the rebate provided to an economically distressed county under this section shall be no more than $0.28 per:

(A) Each ton of solid waste disposed that was generated within the economically distressed county during the previous calendar year; or

(B) If the department calculates an adjustment under paragraph (c) of this subsection, each adjusted ton of solid waste disposed that was generated within the economically distressed county during the previous calendar year.

(b) For the biennium beginning July 1, 2017, and each subsequent biennium, if the Environmental Quality Commission adjusts the fees established under ORS § 459A.110 pursuant to ORS § 459A.125 (2), the commission shall also proportionally adjust the amount of the per-ton rebate specified in paragraph (a) of this subsection.

(c)(A) The department shall calculate the total tonnage of solid waste disposed that was generated in a calendar year within all of the economically distressed counties identified under subsection (1) of this section.

(B) If the total for all economically distressed counties is greater than 10 percent of all solid waste disposed of in this state during the same calendar year, the department may calculate an adjusted tonnage for each economically distressed county for purposes of calculating the rebate provided for under this section.

(C) The adjusted tonnage for each economically distressed county shall be proportional to the actual tonnage generated and calculated such that the sum of the adjusted tonnage for all of the economically distressed counties is equal to 10 percent of all solid waste disposed of in this state during the calendar year.

(3) If a city within an economically distressed county owns and operates a landfill, the department shall distribute the portion of the rebate for the economically distressed county that is calculated based on tons of solid waste disposed that was generated in the county and disposed of at the landfill owned by the city to the city instead of the county.

(4) Moneys received by a city or county pursuant to the rebate program provided for under this section may be used only for:

(a) Purposes authorized in ORS § 459A.120;

(b) The operation of solid waste disposal facilities; or

(c) The reduction of disposal fees.

(5)(a) The commission shall adopt rules to carry out the provisions of this section. Rules adopted under this subsection shall include:

(A) A methodology for identifying the most economically distressed counties in this state; and

(B) A process for providing rebates to the economically distressed counties.

(b) The methodology for identifying economically distressed counties adopted under this subsection may be based on a methodology adopted by the Oregon Business Development Department by rule under ORS § 285A.020 and 285A.075.

(6) As used in this section:

(a) ‘Landfill’ has the meaning given that term in ORS § 459.005; and

(b) ‘Solid waste disposed’ has the meaning given that term in ORS § 459A.010 (3)(d). [2015 c.662 § 6a]

See note under 459A.125.

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