Chapter 146
Oregon Laws 2011
AN ACT
HB 2191
Relating to
paint stewardship; creating new provisions; amending section 7, chapter 777,
Oregon Laws 2009; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 7, chapter 777,
Oregon Laws 2009, is amended to read:
Sec. 7. [The Department of Environmental Quality may not disclose data reported
by a stewardship organization under section 6 of this 2009 Act. The department
may disclose information contained in the records obtained by the department
under section 6 of this 2009 Act in aggregate form.]
(1)(a) Except for the financial,
cost, production or sales data and records specified in paragraph (b) of this
subsection, the Department of Environmental Quality may not disclose any
financial, cost, production or sales data and records of a stewardship
organization, or of a specific producer, obtained by the department as part of
the approval of a plan for a statewide architectural paint stewardship pilot
program pursuant to section 4, chapter 777, Oregon Laws 2009, or as part of an
annual report submitted pursuant to section 6, chapter 777, Oregon Laws 2009.
(b) If the Department of Environmental
Quality determines that disclosure is necessary for the public to adequately
understand the derivation of the architectural paint stewardship assessment
described in section 4, chapter 777, Oregon Laws 2009, the level of the
services or associated costs that are anticipated under the assessment or the
services or associated costs that are delivered under the assessment, the
department may disclose, in aggregate form, information contained in the
financial, cost, production or sales data and records related to the level of
service and associated costs for the following services offered by the
statewide architectural paint stewardship pilot program:
(A) Collection, reuse, transportation,
recycling, energy recovery, disposal and other processing of waste paint;
(B) Waste reduction efforts;
(C) Education and promotion; and
(D) Administration.
(2) The Department of Environmental
Quality may not disclose the names of brands by specific producers obtained by
the department as part of the approval of a plan for a statewide architectural
paint stewardship pilot program pursuant to section 4, chapter 777, Oregon Laws
2009. The department may disclose separate lists indicating participating
producers and participating brands of the statewide architectural paint
stewardship pilot program.
(3) Nothing in this section shall
impose additional reporting obligations on a stewardship organization beyond
those specified in sections 1 to 10, chapter 777, Oregon Laws 2009.
SECTION 2. (1) The amendments to section 7, chapter 777, Oregon Laws 2009, by
section 1 of this 2011 Act apply to all financial, cost, production or sales
data and records obtained by the Department of Environmental Quality as part of
the approval of a plan for a statewide architectural paint stewardship pilot
program pursuant to section 4, chapter 777, Oregon Laws 2009, before, on or
after the effective date of this 2011 Act.
(2) The amendments to section 7,
chapter 777, Oregon Laws 2009, by section 1 of this 2011 Act apply to all
financial, cost, production or sales data and records obtained by the
Department of Environmental Quality as part of an annual report submitted
pursuant to section 6, chapter 777, Oregon Laws 2009, before, on or after the
effective date of this 2011 Act.
(3) The amendments to section 7,
chapter 777, Oregon Laws 2009, by section 1 of this 2011 Act apply to the names
of brands by specific producers obtained by the Department of Environmental
Quality as part of the approval of a plan for a statewide architectural paint
stewardship pilot program pursuant to section 4, chapter 777, Oregon Laws 2009,
before, on or after the effective date of this 2011 Act.
SECTION 3. This 2011 Act being
necessary for the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2011 Act takes effect on
its passage.
Approved by
the Governor May 27, 2011
Filed in the
office of Secretary of State May 27, 2011
Effective date
May 27, 2011
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