ORS § 321.017 — Levy of additional privilege tax; distribution to Oregon Forest Resources Institute Fund

# (1)

In addition to the taxes levied under ORS 321.015 (1) to (4), there hereby is levied a privilege tax upon taxpayers on the harvesting of all merchantable forest products harvested on forestlands in the amount provided in subsection (2) of this section.

# (2)

The rate of tax levied in subsection (1) of this section shall be established annually at the beginning of each calendar year by the board of directors of the Oregon Forest Resources Institute, at a rate not to exceed 75 cents per thousand feet, board measure, adjusted annually for inflation since 1991 based on the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor.

# (3)

The tax shall be measured by and be applicable to each per thousand feet, board measure, and such shall be subject to and determined by the procedures and provisions of ORS 321.015 (5) and (6).

# (4)

The tax levied by subsection (1) of this section shall be due and payable to the Department of Revenue in the manner and procedure, including penalties and interest, as set forth for the collection of the privilege tax in ORS 321.005 to 321.185.

# (5)

The revenue from the tax levied by subsection (1) of this section shall be remitted to the State Treasurer who shall deposit it in a suspense account established under ORS 321.145 (1). After payment of refunds, which shall be paid in the same manner as other forest products harvest tax refunds are paid in ORS 321.145 (2), the balance of the additional tax imposed under subsection (1) of this section shall be deposited in the Oregon Forest Resources Institute Fund. [1991 c.949 §22; 1993 c.653 §4; 1999 c.968 §§2,2a; 2001 c.872 §2; 2003 c.769 §2; 2013 c.639 §2; 2017 c.621 §2; 2019 c.57 §13]

(Temporary provisions relating to forest products harvest tax to fund mitigation of effects of forest practices on aquatic species)

Note: Sections 4 to 7, chapter 31, Oregon Laws 2022, provide:

Sec. 4. Section 5 of this 2022 Act is added to and made a part of ORS 321.005 to 321.185. [2022 c.31 §4]

Sec. 5. (1) In addition to the taxes levied under ORS 321.015 and 321.017, there is levied a privilege tax upon taxpayers on the harvesting of all merchantable forest products harvested on forestlands in the amount provided in subsection (2) of this section.

(2)(a) Except as provided in paragraph (b) of this subsection, at the beginning of each calendar year, the Department of Revenue shall set the tax levied under subsection (1) of this section at a rate estimated to collect $2.5 million per year.

(b) Beginning with the first January following the issuance of an incidental take permit by the federal National Marine Fisheries Service or the United States Fish and Wildlife Service, pursuant to the federal Endangered Species Act (16 U.S.C. 1531 to 1544), that is consistent with the terms of the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, the Department of Revenue shall set the tax at a rate estimated to collect $5 million per year.

(3) The tax shall be measured by and be applicable to each per thousand feet, board measure, and such shall be subject to and determined by the procedures and provisions of ORS 321.015 (5) and (6).

(4) The tax levied under subsection (1) of this section shall be due and payable to the Department of Revenue in the manner and procedure, including penalties and interest, as set forth for the collection of the privilege tax under ORS 321.005 to 321.185.

(5) The revenue from the tax levied under subsection (1) of this section shall be remitted to the State Treasurer who shall deposit it in a suspense account established under ORS 321.145 (1). After payment of refunds, which shall be paid in the same manner as other forest products harvest tax refunds are paid under ORS 321.145 (2), the balance of the additional tax imposed under subsection (1) of this section shall be deposited in a subaccount of the Oregon Conservation and Recreation Fund related to funding mitigation of the effects of forest practices, as defined in ORS 527.620, on aquatic species. [2022 c.31 §5]

Sec. 6. (1) Section 5 of this 2022 Act applies to calendar years beginning on or after January 1, 2023, and ending on December 31 of the earlier of the tax years in which:

(a) A cumulative total of at least $250 million of revenue from the tax imposed under section 5 of this 2022 Act has been collected by the Department of Revenue; or

(b) The incidental take permit described in section 5 (2)(b) of this 2022 Act is for any reason revoked or invalidated or otherwise withdrawn pursuant to a final order, judgment or other decision that is not subject to further review or appeal.

(2) The Director of the Department of Revenue shall notify the Legislative Counsel and the Legislative Revenue Officer as soon as practicable following the end date of the tax described in subsection (1) of this section. [2022 c.31 §6]

Sec. 7. Section 5 of this 2022 Act is repealed on January 2, 2028, unless, before January 1, 2028, the National Marine Fisheries Service or the United States Fish and Wildlife Service, pursuant to the federal Endangered Species Act (16 U.S.C. 1531 to 1544):

(1) Approves a habitat conservation plan consistent with the terms of the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022; and

(2) Issues an incidental take permit related to the habitat conservation plan. [2022 c.31 §7]

321.020