(1) The State Department of Geology and Mineral Industries may impose and collect a surcharge as a percentage of each invoice generated by the departments electronic permitting system. The surcharge percentage rate is 10.7 percent. (2)(a) Notwithstanding subsection (1) of this section, the department may reduce the surcharge percentage rate under subsection (1) of this section to a rate that the department determines will be sufficient to cover the anticipated expenses of the Electronic Permitting System Subaccount under ORS 516.070 (5) during the next biennium and to maintain an adequate operational reserve in the subaccount. (b) The department shall implement a reduced rate, if any, by issuing an order on or before January 1 of the odd-numbered year that sets forth the reduced rate for the next biennium. (c) The department shall notify all persons with an active account within the electronic permitting system of the reduced rate, if any. (d) Unless extended by a subsequent order under this subsection, the reduced rate expires at the end of the biennium, after which the department shall charge the surcharge percentage rate as described in subsection (1) of this section. (3) Surcharge moneys collected by the department under this section shall be 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 collected by the department under this section into the Electronic Permitting System Subaccount established under ORS 516.070 (5). Note: 516.061 was added to and made a part of ORS chapter 516 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
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