Chapter 459A — Reuse and Recycling

 

2023 EDITION

 

 

REUSE AND RECYCLING

 

HOUSING; LOTTERY AND GAMES; ENVIRONMENT

 

SOLID WASTE RECOVERY GENERALLY

 

459A.005  “Opportunity to recycle” defined

 

459A.007  Opportunity to recycle program elements; local government fee

 

459A.008  Expanded education and promotion program

 

459A.010  Policy; statewide goals; recovery rates

 

459A.012  Alternative recovery rate calculation methods; rules

 

459A.015  Commission duties

 

459A.020  Statewide integrated solid waste management plan; review; revision

 

459A.025  Adoption of rules regarding waste disposal and recycling

 

459A.027  Legislative findings

 

459A.029  Provision of materials to local governments; commercial generator recovery rate goal

 

459A.030  Technical assistance to local governments

 

459A.035  Solid waste composition study

 

459A.045  Request for modification or variance

 

459A.050  Recycling reports

 

459A.055  Variance or request for extension to provide opportunity to recycle

 

459A.065  Mandatory participation in recycling

 

459A.070  Limitation on amount charged person who source separates recyclable material

 

459A.075  Exemptions

 

459A.080  Prohibitions against removing or mixing recyclable material; rules

 

459A.085  City, county authority to issue collection service franchises; opportunity to recycle; rates

 

459A.100  Definitions for ORS 459A.100 to 459A.120

 

459A.105  Policy

 

459A.110  Additional fees for programs for reduction of waste and environmental risks; assessment

 

459A.120  Use of additional fees

 

459A.125  Maximum amount of additional fee; adjustments

 

459A.130  Rebate of additional fee to economically distressed counties

 

MATTRESS STEWARDSHIP PROGRAM

 

459A.150  Legislative findings; policy

 

459A.153  Definitions

 

459A.156  Requirement to participate in mattress stewardship program; program information; mattress stewardship assessment

 

459A.159  Mattress stewardship program plan; requirements

 

459A.162  Service requirements

 

459A.165  Approval of mattress stewardship program plan or amendment; revocation; additional reporting requirements

 

459A.168  Amendments to mattress stewardship program plan; notice of changes to plan

 

459A.171  Reapproval of mattress stewardship program plan

 

459A.174  Annual report; budget; additional reports; performance audit; fees

 

459A.177  Mattress stewardship program advisory committee

 

459A.180  Inspection by Department of Environmental Quality

 

459A.183  Mattress Stewardship Fund

 

459A.186  Application of antitrust laws

 

459A.189  Rules

 

DRUG TAKE-BACK PROGRAM

 

459A.200  Definitions

 

459A.203  Requirement to participate in drug take-back program; rules; fines

 

459A.206  Organization of program operator

 

459A.209  Plan for drug take-back program; requirements; approval; updated plans

 

459A.212  Changes to program; preapproval; notification; rules

 

459A.215  Authorized collectors; rules

 

459A.218  Drop-off sites; rules

 

459A.221  Covered drug collection events

 

459A.224  Disposal of covered drugs

 

459A.227  Public awareness

 

459A.230  Annual report

 

459A.233  Costs of participation in drug take-back program

 

459A.236  Inspection and audit

 

459A.239  Enforcement; civil penalties

 

459A.242  Fees

 

459A.245  Secure Drug Take-Back Account

 

459A.248  Liability

 

459A.251  Application of antitrust laws

 

459A.254  Confidentiality

 

459A.257  Nonapplicability of Uniform Controlled Substances Act

 

459A.260  State preemption of local laws

 

459A.263  Interagency agreements

 

459A.266  Rules

 

SPECIFIC RECYCLING REQUIREMENTS

 

(Electronic Devices)

 

459A.300  Legislative findings

 

459A.305  Definitions for ORS 459A.305 to 459A.355

 

459A.310  Applicability to manufacturers; applicability to reused or refurbished covered electronic devices; requirements for sale of covered electronic devices by manufacturers

 

459A.315  Registration by manufacturer; fees

 

459A.320  Manufacturer program plan; state contractor program

 

459A.321  Approval of electronics producer responsibility plan

 

459A.322  Recycling credits; reporting; rules

 

459A.323  Coordinating body; manufacturer obligation

 

459A.325  Recycling fee for manufacturer participating in state contractor program

 

459A.327  Education and public awareness

 

459A.330  Prohibition against charging fee for collection, transportation or recycling of covered electronic devices; exception

 

459A.332  Submission of information to Department of Environmental Quality; confidentiality

 

459A.334  Fees

 

459A.335  Requirements for sale of covered electronic devices by retailers; retailer’s duty to consumers regarding information about recycling covered electronic devices

 

459A.340  Duties of department

 

(Temporary provisions relating to covered electronic device recycling programs are compiled as notes following ORS 459A.340)

 

459A.345  Rules

 

459A.350  Disposition of fees

 

459A.353  Application of antitrust laws

 

459A.355  Covered Electronic Devices Account; interest; uses

 

459A.360  Evaluation by department of certain federal laws

 

459A.365  City and county regulation of collection of solid waste

 

(State Agencies)

 

459A.475  Legislative findings; policy

 

459A.480  State agency recycling program; requirements; training

 

459A.485  System and procedures for separation and collection of solid waste; rules; exemption

 

459A.490  Paper conservation

 

(Newsprint and Directories)

 

459A.500  Definitions for ORS 459A.500 to 459A.520

 

459A.505  Minimum recycled content for newsprint

 

459A.510  Report to consumer of amount of post-consumer waste in shipment

 

459A.515  Annual report to department; content

 

459A.520  Minimum recycled content for directories

 

(Glass)

 

459A.550  Report on use of new and recycled glass; minimum percentage of recycled glass required

 

(Used Oil Recycling)

 

459A.552  Recycling and recovery of used oil; goal

 

459A.554  Reduction, reuse and recovery of used oil

 

459A.555  Definitions for ORS 459A.552 to 459A.599

 

459A.560  Legislative findings

 

459A.565  Used oil to be collected and recycled

 

459A.570  Used oil information center; public education

 

459A.575  Oil recycling information to be posted; rules

 

459A.580  Prohibited disposal of used oil

 

459A.585  Enforcement powers of commission

 

459A.590  Use, management, disposal and resource recovery; rules

 

459A.595  Use for dust suppression or as herbicide

 

459A.599  Short title

 

(Compost)

 

459A.600  “Compost” defined

 

459A.605  Rules for purchase of compost and sewage sludge by state

 

459A.615  Programs to use compost and sewage sludge

 

459A.620  Use of compost or sewage sludge by state agencies given priority

 

(Mercury)

 

459A.630  Motor vehicle mercury light switches

 

(Plastics)

 

459A.650  Definitions for ORS 459A.650 to 459A.665

 

459A.655  Minimum reuse, recycled material or recycled content for rigid plastic containers

 

459A.657  Recycling rate; hearings on decreased rate

 

459A.660  Manufacturer records; certification by package manufacturer; exempt containers

 

459A.665  Opportunity to recycle rigid plastic containers

 

BEVERAGE CONTAINERS; BOTTLE BILL

 

459A.700  Definitions for ORS 459A.700 to 459A.744

 

459A.702  Applicability of ORS 459A.700 to 459A.744

 

459A.705  Refund value

 

459A.710  Practices required of dealers and distributors

 

459A.711  Space occupied by dealer described

 

459A.712  Liability of manufacturer, distributor and importer for failure to pay refund value of beverage containers

 

459A.715  Refusal of dealer or distributor to accept or pay refund in certain cases; notice

 

459A.716  Return with intent to defraud

 

459A.717  Civil penalties

 

459A.718  Distributor cooperatives; requirements; beverage container registry; compliance; report; rules

 

459A.720  Indication of refund value; exception; prohibition of certain metal containers and plastic container holders

 

459A.725  Certification of containers as reusable by more than one manufacturer; rules

 

459A.730  Decision upon certification applications; review and withdrawal of certifications

 

459A.732  Requirements for certain distributors; fees

 

459A.733  Fees for certain distributors; distributor cooperative fee

 

459A.735  Full-service redemption centers; application for approval; contents of approval order; notice

 

459A.737  Full-service redemption centers; registration; fees; rules

 

459A.738  Convenience zones

 

459A.741  Dealer redemption centers

 

459A.742  Inspection authority

 

459A.743  Certification and withdrawal procedures

 

459A.744  Bottle Bill Fund

 

EDUCATION

 

459A.750  Recycling and waste reduction component of curriculum; teacher’s guide; informational materials

 

CHECKOUT BAGS

 

459A.755  Definitions

 

459A.757  Prohibition on provision of certain checkout bags; exceptions

 

459A.759  State preemption of certain local provisions

 

FOOD PACKAGING REGULATION

 

459A.775  “State agency” defined

 

459A.780  Prohibition against purchase or use of nonbiodegradable and nonrecyclable food packaging; exemptions

 

459A.785  Effective recycling program; standards for determining

 

ARCHITECTURAL PAINT STEWARDSHIP PROGRAM

 

459A.820  Findings

 

459A.822  Definitions for ORS 459A.820 to 459A.855

 

459A.825  Participation in architectural paint stewardship program

 

459A.827  Plan for architectural paint stewardship program; requirements; exemptions; assessment

 

459A.830  Collection system for post-consumer architectural paint; requirements; exemptions

 

459A.832  Approval or denial of new or updated plans for architectural paint stewardship programs

 

459A.835  Approval for amendment or update to plan for architectural paint stewardship program

 

459A.837  Notification regarding changes to architectural paint stewardship program

 

459A.840  Conduct authorized; supervision by Department of Environmental Quality; rules

 

459A.842  Reports by stewardship organizations

 

459A.845  Estimate by Department of Environmental Quality of total volume of post-consumer architectural paint collected

459A.847  Data disclosure

 

459A.850  Orders; actions

 

459A.852  Fees

 

459A.855  Product Stewardship Fund; sources; uses

 

PRODUCER RESPONSIBILITY PROGRAM

 

(General Provisions)

 

459A.860  Legislative findings

 

459A.863  Definitions

 

(Producer Responsibility Organizations)

 

459A.866  Determining producers of covered products

 

459A.869  Requirements for producers and producer responsibility organizations; rules

 

459A.872  Exemptions; rules

 

459A.875  Producer responsibility program plan

 

459A.878  Approval of producer responsibility program plan

 

459A.881  Producer responsibility program plan amendments

 

459A.884  Membership fees charged by producer responsibility organization

 

459A.887  Annual report; materials disposition report

 

459A.890  Compensation to local governments; needs assessment; rules

 

459A.893  Development of educational resources; promotional campaigns

 

(Temporary provisions relating to recommendations for digital labeling to convey recyclability claims are compiled as notes following ORS 459A.893)

 

459A.896  Other duties of producer responsibility organization

 

(Oregon Recycling System Advisory Council)

 

459A.899  Oregon Recycling System Advisory Council

 

459A.902  Duties of council

 

(Responsibilities of Local Governments)

 

459A.905  Prohibition on delivery of commingled recyclables to certain facilities

 

459A.908  Roll carts

 

459A.911  Other duties of local governments

 

(Responsibilities of Environmental Quality Commission and Department of Environmental Quality)

 

459A.914  Uniform statewide collection list; producer-collected materials; rules

 

459A.917  Specifically identified materials

 

459A.920  Contamination management fee; rules

 

459A.923  Processor commodity risk fee; rules

 

459A.926  Recycling rate of plastic

 

459A.929  Contamination reduction

 

459A.932  Equity study

 

459A.935  Multifamily housing needs assessment

 

459A.938  Fees

 

459A.941  Waste prevention and reuse; rules

 

459A.944  Life cycle evaluation; rules

 

459A.947  Producer Responsibility Fund

 

459A.950  Waste Prevention and Reuse Fund

 

459A.955  Permit required for commingled recycling processing facility; rules

 

459A.956  Certification program

 

459A.959  Contamination

 

459A.962  Enforcement and record keeping

 

459A.965  Prohibition on promoting acceptance of certain materials for composting; pilot programs

 

459A.968  Application of antitrust laws

 

459A.975  Rules

 

(Development of Recommendations on Producer Responsibility Requirements)

 

(Temporary provisions relating to development of recommendations on producer responsibility requirements are compiled as notes following ORS 459A.975)

 

SOLID WASTE RECOVERY GENERALLY

 

      459A.005 “Opportunity to recycle” defined. (1) As used in ORS 459.015, 459.250 and 459A.005 to 459A.665, the “opportunity to recycle” means at least that the city, county or metropolitan service district responsible for solid waste management:

      (a)(A) Provides a place for collecting source separated recyclable material, including the materials on the uniform statewide collection list established under ORS 459A.914 designated for collection at a recycling depot, located either at a disposal site or at another location more convenient to the population being served and, if a city has a population of 4,000 or more, collection at least once a month of source separated recyclable material, including the materials on the uniform statewide collection list established under ORS 459A.914 designated for recycling collection services described in ORS 459A.863 (25)(a) to (c), from collection service customers within the city’s urban growth boundary or, where applicable, within the urban growth boundary established by a metropolitan service district; or

      (B) Provides an alternative method that complies with rules of the Environmental Quality Commission; and

      (b) Complies with the program element requirements described in ORS 459A.007.

      (2) The “opportunity to recycle” defined in subsection (1) of this section also includes a public education and promotion program that:

      (a) Gives notice to each person of the opportunity to recycle; and

      (b) Encourages source separation of recyclable material. [Formerly 459.165; 2015 c.534 §1; 2021 c.681 §48]

 

      Note: The amendments to 459A.005 by section 2, chapter 534, Oregon Laws 2015, become operative July 1, 2026. See section 3, chapter 534, Oregon Laws 2015, as amended by section 50, chapter 681, Oregon Laws 2021. The text that is operative on and after July 1, 2026, including amendments by section 49, chapter 681, Oregon Laws 2021, is set forth for the user’s convenience.

      459A.005. (1) As used in ORS 459.015, 459.250 and 459A.005 to 459A.665, the “opportunity to recycle” means at least that the city, county or metropolitan service district responsible for solid waste management:

      (a)(A) Provides a place for collecting source separated recyclable material, including the materials on the uniform statewide collection list established under ORS 459A.914 designated for collection at a recycling depot, located either at a disposal site or at another location more convenient to the population being served and, if a city has a population of 4,000 or more, collection at least once a month of source separated recyclable material, including the materials on the uniform statewide collection list established under ORS 459A.914 designated for recycling collection services described in ORS 459A.863 (25)(a) to (c), from collection service customers within the city’s urban growth boundary or, where applicable, within the urban growth boundary established by a metropolitan service district; or

      (B) Provides an alternative method that complies with rules of the Environmental Quality Commission; and

      (b) Complies with the program element requirements described in ORS 459A.007.

      (2) The “opportunity to recycle” defined in subsection (1) of this section also includes a public education and promotion program that:

      (a) Gives notice to each person of the opportunity to recycle; and

      (b) Encourages source separation of recyclable material.

      (3) As used in this section, “collection service customers” includes:

      (a) Customers of a collection service as defined in ORS 459.005; and

      (b) The residential and commercial tenants of landlords or property managers that are customers of a collection service for the benefit of their tenants. The Director of the Department of Environmental Quality may approve exemptions to the requirement to provide the opportunity to recycle to tenants described in this paragraph in cases of extreme compliance barriers caused by lack of space, local land use or zoning laws or other insurmountable challenges.

 

      459A.007 Opportunity to recycle program elements; local government fee. (1) A person providing the opportunity to recycle shall fulfill the requirements of subsection (3) of this section using the following recycling program elements:

      (a) Provision of at least one durable recycling container to each residential service customer.

      (b) On-route collection at least once each week of source separated recyclable material from residential collection service customers, provided on the same day that solid waste is collected from each customer.

      (c) An expanded education and promotion program as described in ORS 459A.008.

      (d) A multifamily collection program that includes:

      (A) Collection of materials designated for recycling collection on the uniform statewide collection list established under ORS 459A.914 from each multifamily dwelling complex that has five or more units; and

      (B) Education and promotion directed to the residents of the multifamily dwelling complex.

      (e) An effective residential yard debris collection and composting program that includes the promotion of home composting of yard debris, and that also includes either:

      (A) Monthly or more frequent on-route collection of yard debris from residential collection service customers for production of compost or other marketable products; or

      (B) A system of yard debris collection depots conveniently located and open to the public at least once a week.

      (f) A commercial recycling program that includes:

      (A) Weekly, or on a more appropriate regular schedule, onsite collection of source separated materials designated for recycling collection on the uniform statewide collection list established under ORS 459A.914 from, at a minimum, commercial generators of solid waste employing 10 or more persons and occupying 1,000 square feet or more in a single location.

      (B) An education and promotion program conducted to inform all commercial generators of solid waste of the manner and benefits of the commercial recycling program that provides effective promotion of the program to the generators.

      (C) Other optional elements, including but not limited to waste assessments and recycling recognition programs. A city or county is encouraged to involve local business organizations in publicly recognizing outstanding recycling efforts by commercial generators of solid waste. The recognition may include awards designed to provide additional incentives to increase recycling efforts.

      (D) Each commercial generator of solid waste shall strive to achieve 55 percent recovery from its solid waste stream by the year 2025.

      (g) Expanded depots for recycling of at least all materials designated for collection at recycling depots on the uniform statewide collection list established under ORS 459A.914, and provisions for promotion or education to maximize the use of the depots. The depots must:

      (A) Have regular and convenient hours;

      (B) Be open on the weekend days; and

      (C) When feasible, collect additional recyclable materials.

      (h) Solid waste residential collection rates that encourage waste reduction, reuse and recycling through reduced rates for smaller containers, including at least one rate for a container that is 21 gallons or less in size. Based on the average weight of solid waste disposed per container for containers of different sizes, the rate on a per pound disposed basis may not decrease with increasing size of containers, and the rates per container service may not be less with additional containers serviced.

      (i) A collection and composting system for food and other compostable waste from commercial and institutional entities that generate large amounts of such wastes.

      (j) A commercial recycling program that requires commercial generators of solid waste that generate large amounts of recyclable materials to source separate recyclable materials.

      (k) A program for monthly or more frequent on-route collection and composting for food and other compostable waste from residential collection service customers. The program described in this paragraph must include education or promotion to reduce contamination of the compost feedstock collected.

      (L) A recovery program for construction and demolition debris that:

      (A) Requires construction and demolition debris to be source separated at the generation site or sent to a material recovery facility for processing and recovery; and

      (B) Includes an education or promotion program for developers, contractors and residential owners that provides strategies to:

      (i) Reduce waste during preconstruction planning and in building construction, renovation and demolition phases; and

      (ii) Direct waste to reuse and material recovery facilities.

      (m) A food waste collection program requiring nonresidential generators that generate large amounts of food waste to source separate the food waste for recovery.

      (2) The waste prevention education and reuse program elements that a city or county shall use to implement the requirements of subsection (6) or (7) of this section are as follows:

      (a) A citywide or countywide education and promotion program about the environmental benefits of, and opportunities to reduce the generation of waste through, waste prevention and reuse.

      (b) A waste prevention campaign targeting residential generators of waste and focused on one or more toxic or energy intensive materials or consumer purchasing practices.

      (c) A waste prevention campaign targeting commercial or institutional generators of waste and focused on one or more toxic or energy intensive materials or consumer purchasing practices.

      (d) A waste prevention and reuse education program in elementary and secondary schools.

      (e) A program for the provision of city or wasteshed funding or infrastructure support to promote and sustain reuse, repair, leasing or sharing efforts.

      (f) A program for the provision of city or wasteshed technical assistance to promote and sustain the reuse, repair or leasing of materials or other sharing of efforts to reduce waste.

      (g) City or wasteshed support for a food rescue program that diverts to residents food that would otherwise be composted or disposed.

      (3) Each city that is within a metropolitan service district or with a population of at least 4,000 and each county that is responsible for the area between city limits and the urban growth boundary of the city or the area outside the city limits but within a metropolitan service district shall implement either:

      (a) The applicable number of recycling program elements for the size and location of the city as provided in subsection (4) of this section; or

      (b) An alternative program that complies with the rules of the Environmental Quality Commission and that is designed to be as effective in recovering recyclable materials from solid waste as the requirements provided in subsection (4) of this section and to achieve at least the lesser of:

      (A) Recovery rates specified in ORS 459A.010 (2); or

      (B) Recovery levels comparable to similar communities.

      (4) The number of recycling program elements that cities and counties must implement to comply with subsection (3) of this section are as follows:

      (a) For cities within a metropolitan service district:

      (A) The three recycling program elements set forth under subsection (1)(a), (b) and (c) of this section and at least four additional elements set forth under subsection (1) of this section; or

      (B) At least eight recycling program elements set forth under subsection (1) of this section.

      (b) For cities with a population of at least 4,000 but not more than 10,000 that are located 120 miles or less from the City of Portland, at least four recycling program elements set forth under subsection (1) of this section.

      (c) For cities with a population of at least 4,000 but not more than 10,000 that are more than 120 miles from the City of Portland, at least three recycling program elements set forth under subsection (1) of this section.

      (d) For cities with a population of more than 10,000 but not more than 50,000 that are located 150 miles or less from the City of Portland:

      (A) The three recycling program elements set forth under subsection (1)(a), (b) and (c) of this section and at least two additional elements set forth under subsection (1) of this section; or

      (B) At least six recycling program elements set forth under subsection (1) of this section.

      (e) For cities with a population of more than 10,000 that are located more than 150 miles from the City of Portland:

      (A) The three recycling program elements set forth under subsection (1)(a), (b) and (c) of this section and at least one additional element set forth under subsection (1) of this section; or

      (B) At least five recycling program elements set forth under subsection (1) of this section.

      (f) For cities with a population of more than 50,000 that are located 150 miles or less from the City of Portland:

      (A) The three recycling program elements set forth under subsections (1)(a), (b) and (c) of this section and at least three additional recycling program elements set forth under subsection (1) of this section; or

      (B) At least seven recycling program elements set forth under subsection (1) of this section.

      (5) A city or county that is not subject to subsection (6) or (7) of this section may substitute the waste prevention and reuse program element set forth in subsection (2)(a) of this section and at least two additional elements set forth in subsection (2) of this section for one recycling program element set forth under subsection (1) of this section.

      (6) Each city that is within a metropolitan service district or with a population of greater than 50,000 and each county that is responsible for the area between city limits and the urban growth boundary of a city with a population of greater than 50,000 or the area outside of city limits but within a metropolitan service district urban growth boundary shall implement either:

      (a) The waste prevention and reuse program element set forth under subsection (2)(a) of this section, and at least four additional elements set forth under subsection (2) of this section; or

      (b) An alternative program that complies with the rules of the Environmental Quality Commission and is designed to achieve similar benefits as the elements in subsection (2) of this section.

      (7) Each city with a population of greater than 10,000 but no more than 50,000, that is within a county of greater than 100,000 population, and each county of greater than 100,000 population that is responsible for the area between city limits and the urban growth boundary of a city with a population of greater than 10,000 but no more than 50,000 shall implement either:

      (a) The waste prevention and reuse program element set forth under subsection (2)(a) of this section, and at least two additional elements set forth under subsection (2) of this section; or

      (b) An alternative program that complies with the rules of the Environmental Quality Commission and is designed to achieve similar benefits as the elements in subsection (2) of this section.

      (8)(a) For a city using waste prevention and reuse elements set forth under subsection (2) of this section to satisfy requirements set forth in subsection (6) or (7) of this section, waste prevention and reuse elements may be provided by the county or metropolitan service district where the city is located, provided that implementation or provisions of such elements are made available throughout the city.

      (b) For a county that includes or is within a metropolitan service district using waste prevention and reuse elements set forth under subsection (2) of this section to satisfy requirements set forth in subsection (6) or (7) of this section, waste prevention and reuse elements may be provided by the metropolitan service district where the county is located, provided that implementation or provision of such elements are made available within the entire urban growth boundary of the metropolitan service district.

      (9)(a) Each local government that franchises or licenses the collection of solid waste and establishes the rates to be charged for collection service shall:

      (A) Include in those rates all net costs incurred by the local government, franchisee or licensee for providing the opportunity to recycle and for implementing the requirements of this section; or

      (B) Fund implementation of the opportunity to recycle through an alternative source of funding that may include but is not limited to disposal fees.

      (b) As used in this subsection, “net costs” includes but is not limited to the reasonable costs for collecting, handling, processing, storing, transporting and delivering to market recyclable material and for providing any required education and promotion or data collection services adjusted by a factor to account for proceeds from the sale of recyclable material.

      (10) A local government may assess a fee on solid waste collection or disposal services to cover costs to the local government for providing the opportunity to recycle and for implementing the requirements of this section. [2015 c.534 §5; 2021 c.681 §51]

 

      Note: 459A.007 and 459A.008 were added to and made a part of 459A.005 to 459A.665 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      459A.008 Expanded education and promotion program. An expanded education and promotion program to satisfy the requirements of ORS 459A.007 must carry out the policy set forth in ORS 459.015, inform generators of solid waste of the manner and benefits of reducing, reusing, recycling and composting material, promote use of recycling services and reduce contamination in collected recyclables. The city, county or metropolitan service district responsible for providing an opportunity to recycle shall provide the education and promotion program in one of the following ways:

      (1)(a) Preparing and implementing an education and promotion plan that includes actions to effectively reach solid waste generators and all new and existing collection service customers as necessary to fulfill the intent of this section.

      (b) The plan described in paragraph (a) of this subsection must be submitted to the Department of Environmental Quality during the first year that the plan is in effect. Thereafter, the wasteshed shall submit a summary of activities in the plan to the department at the same time the county submits the periodic report required under ORS 459A.050 (1)(a). The summary must cover at least the time period until the next periodic report is due to the department.

      (2) Implementing all of the following:

      (a)(A) Provision of recycling notification and education packets to all new residential, commercial and institutional collection service customers that include, at a minimum, information about the materials collected, the schedule for collection, the way to prepare materials for collection, why separating material for recycling is necessary and how to reduce contamination of the materials set out for collection.

      (B) In addition to the requirements of subparagraph (A) of this paragraph, the educational and promotional materials provided to commercial collection customers must:

      (i) Be targeted to meet the needs of various types of businesses;

      (ii) Include information on the economic and other benefits of recycling, common barriers to recycling and solutions to the barriers, additional resources for commercial generators of solid waste and other information designed to assist and encourage recycling efforts and reduce contamination; and

      (iii) Encourage each commercial collection customer to have a goal to achieve 55 percent recovery from the customer’s solid waste stream by 2025.

      (b) Provision of recycling information to collection service customers, in a variety of formats and materials at least four times per calendar year, that includes, at a minimum, the materials collected and the schedule for collection.

      (c) Provision, at least annually, of the information described in paragraph (a) of this subsection to all residential, commercial and institutional collection service customers.

      (d) Targeting of community and media events to promote recycling and reduce contamination in collected recyclables. [2015 c.534 §6; 2021 c.681 §52]

 

      Note: See note under 459A.007.

 

      459A.010 Policy; statewide goals; recovery rates. (1) It is the policy of the State of Oregon that recovery of material is consistent with the priority of solid waste management set forth in ORS 459.015 (2). It is the goal of the State of Oregon that:

      (a) For the calendar year 2009 and subsequent years, there be no annual increase in total general solid waste;

      (b) For the calendar year 2020 and subsequent years, the rate of material recovery from the general solid waste stream shall be at least 52 percent;

      (c) For the calendar year 2020 and subsequent years, the rate of material recovery of certain materials from the general solid waste stream shall be as follows:

      (A) Food waste, at least 25 percent; and

      (B) Plastic waste, at least 25 percent;

      (d) For the calendar year 2025 and subsequent years, the rate of material recovery of carpet waste from the general solid waste stream shall be at least 25 percent;

      (e) For the calendar year 2025 and subsequent years, the rate of material recovery from the general solid waste stream shall be at least 55 percent;

      (f) For calendar years 2025 through 2049, total general solid waste generation shall be 15 percent below total general solid waste generation for the calendar year 2012; and

      (g) For the calendar year 2050 and subsequent years, total general solid waste generation shall be 40 percent below total general solid waste generation for the calendar year 2012.

      (2)(a) The recovery goal for the wasteshed consisting of Clackamas, Multnomah and Washington Counties, in aggregate, shall be to achieve a recovery rate of 64 percent for the calendar year 2025 and subsequent years.

      (b) The recovery goals for the following wastesheds shall be to achieve the following recovery rates for the calendar year 2025 and subsequent years:

      (A) Baker County, 25 percent;

      (B) Benton County, 44 percent;

      (C) Clatsop County, 53 percent;

      (D) Columbia County, 45 percent;

      (E) Coos County, 30 percent;

      (F) Crook County, 20 percent;

      (G) Curry County, 30 percent;

      (H) Deschutes County, 45 percent;

      (I) Douglas County, 34 percent;

      (J) Gilliam County, 25 percent;

      (K) Grant County, 25 percent;

      (L) Harney County, 25 percent;

      (M) Hood River County, 35 percent;

      (N) Jackson County, 25 percent;

      (O) Jefferson County, 32 percent;

      (P) Josephine County, 20 percent;

      (Q) Klamath County, 20 percent;

      (R) Lake County, 15 percent;

      (S) Lane County, 63 percent;

      (T) Lincoln County, 37 percent;

      (U) Linn County, 45 percent;

      (V) Malheur County, 25 percent;

      (W) Marion County, 64 percent;

      (X) City of Milton-Freewater, 25 percent;

      (Y) Morrow County, 20 percent;

      (Z) Polk County, 48 percent;

      (AA) Sherman County, 20 percent;

      (BB) Tillamook County, 37 percent;

      (CC) Umatilla County, 20 percent;

      (DD) Union County, 25 percent;

      (EE) Wallowa County, 25 percent;

      (FF) Wasco County, 35 percent;

      (GG) Wheeler County, 20 percent; and

      (HH) Yamhill County, 45 percent.

      (c) The Environmental Quality Commission may temporarily revise the waste recovery goal for a wasteshed downward if the commission determines that a revision is necessary because reasonably available markets do not exist for one or more high-volume recoverable materials, including but not limited to paper, scrap metal, yard debris, wood, glass, food waste and plastic.

      (d) For purposes of providing the opportunity to recycle under ORS 459A.005, the recovery goals provided under this subsection are voluntary and may not be interpreted to authorize the Department of Environmental Quality to require compliance with the goals by a wasteshed.

      (e)(A) Except as provided in paragraph (c) of this subsection, if the commission or the department initiates efforts to revise the waste recovery goals in this subsection, the department must provide written notice and an opportunity to comment to members of the governing body of each city, county or metropolitan service district within the wastesheds that would be affected by any proposed revisions.

      (B) As used in this paragraph, “governing body” means the council, commission, board or other controlling body, however designated, in which the legislative powers of the city, county or metropolitan service district are vested.

      (3)(a) Recovery rates under this section shall be calculated by dividing the total weight of material recovered by the sum of the total weight of the material recovered plus the total weight of solid waste disposed that was generated in each wasteshed.

      (b) Recovery rates may not include:

      (A) Industrial and manufacturing wastes such as boxboard clippings and metal trim that are recycled before becoming part of a product that has entered the wholesale or retail market.

      (B) Metal demolition debris for which arrangements are made to sell or give the debris to processors before demolition such that it does not enter the solid waste stream.

      (C) Discarded vehicles or parts of vehicles that do not routinely enter the solid waste stream.

      (D) Material recovered for composting or energy recovery from mixed solid waste, except as provided in subsection (4) of this section.

      (c)(A) In calculating the recovery rates set forth in subsection (2) of this section, commercial, industrial and demolition scrap metal, vehicles, major equipment and home or industrial appliances that are handled or processed for use in manufacturing new products and that do not routinely enter the solid waste stream through land disposal facilities, transfer stations, recycling depots or on-route collection programs may not be counted as material recovery or recycling.

      (B) The Department of Environmental Quality shall annually conduct an industry survey to determine the contribution of post-consumer residential scrap metal, including home appliances, to recycling and recovery levels in a manner that prevents double counting of material recovered.

      (C) Information collected under the provisions of subparagraph (B) of this paragraph, as it relates specifically to private sector customer lists or specific amounts and types of materials collected or marketed, is confidential and exempt from disclosure under ORS 192.311 to 192.478. The department may use and disclose such information in aggregate form.

      (d) As used in this subsection, “solid waste disposed” means the total weight of solid waste disposed other than the following:

      (A) Sewage sludge or septic tank and cesspool pumpings;

      (B) Waste disposed of at an industrial waste disposal site;

      (C) Industrial waste, ash, inert rock, dirt, plaster, asphalt and similar material if delivered to a municipal solid waste disposal site or demolition disposal site and if a record is kept of such deliveries and submitted as part of the annual report submitted under ORS 459A.050;

      (D) Waste received at an ash monofill from an energy recovery facility; and

      (E) Solid waste not generated within this state.

      (4)(a) If there is not a viable market for recycling a material, the composting or burning of the material for energy recovery may be included in the recovery rate for the wasteshed calculated under subsection (3) of this subsection.

      (b) If the material is burned for energy recovery and then included in the recovery rate for Clackamas, Multnomah or Washington Counties in aggregate or for Benton, Lane, Linn, Marion, Polk or Yamhill County wastesheds, the same material, when burned as part of mixed solid waste, may be included in the recovery rate for a wasteshed that burns mixed solid waste for energy recovery. The amount of the material within the mixed solid waste that may be included in the recovery rate for energy recovery shall be determined by a waste composition study performed by the wasteshed at least every six years.

      (c) Mixtures of materials that are composted or burned for energy recovery may not be included in the recovery rate if more than half of the mixed materials by weight could have been recycled if properly source separated.

      (d) In its annual report to the department, the county or metropolitan service district shall state how much composting or energy recovery under this subsection is included as recovery and state the basis for the determination that there was not a viable market for recycling the material.

      (e) As used in this subsection, “viable market” means a person located within a wasteshed that will pay for the material or accept the material free of charge or a person located outside a wasteshed that will pay a price for the material that, at minimum, covers the cost of transportation of the material.

      (5) As an alternative to achieving the weight-based recovery goals described in this section, wastesheds may achieve outcome-based recovery goals as adopted by the Environmental Quality Commission in accordance with ORS 459A.012. [1991 c.385 §2; 1993 c.560 §74; 1995 c.541 §3; 1997 c.552 §9; 2001 c.513 §2; 2015 c.534 §7]

 

      459A.012 Alternative recovery rate calculation methods; rules. (1)(a) The Environmental Quality Commission shall develop and adopt by rule a method for calculating recovery rates based on the rate of energy savings achieved by recovering materials from the general solid waste stream. The calculation method must account for:

      (A) The energy savings achieved from material recovery, as opposed to material disposal;

      (B) Recovery of energy from waste, including methane recovery at landfills; and

      (C) Energy saving practices implemented as part of local solid waste reduction, reuse and recycling programs or solid waste management programs, including but not limited to:

      (i) Fuel, efficiency and other improvements involving waste collection vehicles;

      (ii) Energy efficiency improvements at recycling and solid waste facilities; and

      (iii) Production of energy from renewable sources at solid waste facilities through means other than recovery of energy from waste, such as the use of solar energy to produce electricity.

      (b) A recovery rate of 100 percent under the calculation method is equivalent to the energy savings achieved if all materials in the general solid waste stream are directed to their optimal final destinations for purposes of the energy savings that can be achieved through the recovery of each type of material.

      (2) Using the calculation method developed under subsection (1) of this section, the commission shall adopt by rule recovery goals consistent with the goals under ORS 459A.010 (1) and (2).

      (3)(a) The commission may develop and adopt by rule other methods for calculating recovery rates from the general solid waste stream that are based on achieving outcomes that result from waste recovery and management, and may include but are not limited to the following:

      (A) Reductions in greenhouse gas emissions.

      (B) Reductions in the emissions of toxic or potentially toxic chemicals.

      (C) Water conservation.

      (b) The commission may adopt by rule other outcome-based recovery goals consistent with the goals under ORS 459A.010 (1) and (2) using outcome-based calculation methods developed under this subsection. [2015 c.534 §9]

 

      Note: 459A.012 was added to and made a part of 459A.005 to 459A.665 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      459A.015 Commission duties. The Environmental Quality Commission shall:

      (1) Amend the state solid waste management plan to conform to the requirements of ORS 459.005, 459.015, 459.035, 459.250, 459.992 (1) and (2), 459.995 and 459A.005 to 459A.665.

      (2) Review Department of Environmental Quality reports on compliance with and implementation of ORS 459.005, 459.015, 459.035, 459.250, 459.992 (1) and (2), 459.995 and 459A.005 to 459A.665.

      (3) Submit the report by the department on the statewide integrated solid waste management plan under ORS 459A.020 (2) to each odd-numbered year regular session of the Legislative Assembly. [Formerly 459.168; 1993 c.560 §75; 1997 c.552 §10; 2011 c.545 §57]

 

      Note: Sections 13a and 13b, chapter 534, Oregon Laws 2015, provide:

      Sec. 13a. (1) For calendar year 2025, the Department of Environmental Quality shall conduct a statewide survey of recovery rates for carpet waste.

      (2) If the statewide survey reveals that the statewide waste recovery goal for carpet waste under ORS 459A.010 is not being met, the department shall submit a report to the interim committees of the Legislative Assembly related to solid waste, as appropriate, no later than September 15, 2027. The report must include:

      (a) An evaluation of options to improve recovery; and

      (b) Recommendations for meeting or modifying the recovery goals for carpet waste under ORS 459A.010. [2015 c.534 §13a]

      Sec. 13b. Section 13a of this 2015 Act is repealed on the date of the convening of the 2028 regular session of the Legislative Assembly as specified in ORS 171.010 [February 1, 2028]. [2015 c.534 §13b]

 

      459A.020 Statewide integrated solid waste management plan; review; revision. (1) The Environmental Quality Commission shall adopt a statewide integrated solid waste management plan. The plan shall include, but need not be limited to, the following components of solid waste management:

      (a) Waste prevention;

      (b) Recycling;

      (c) Solid waste collection and processing;

      (d) Composting and energy recovery;

      (e) Incineration;

      (f) Disposal;

      (g) Disposal capacity and facility siting; and

      (h) Transportation.

      (2) The commission shall develop the statewide integrated solid waste management plan in consultation with local government units, the Oregon Business Development Department and other appropriate state and regional agencies, commissions and task forces. The plan must address integrated solid waste management for at least 10 years into the future. The Department of Environmental Quality shall review the plan every two years and submit the report to the commission. The report must include:

      (a) The status of implementation of the provisions of ORS 459A.005 to 459A.665, including:

      (A) The annual weight of material disposed of per capita, by wasteshed and statewide;

      (B) The annual recovery rate achieved by each wasteshed and statewide as calculated by:

      (i) Weight as provided for in ORS 459A.010;

      (ii) Rate of energy savings as provided for in ORS 459A.012; and

      (iii) Any other method adopted by the commission under ORS 459A.012; and

      (C) The amount of each type of material recovered annually statewide and, based on available information, the amount of each type of material recycled annually statewide;

      (b) Compliance with and implementation of the provisions of ORS 459.015, 459.035, 459.055, 459.992 (1) and (2) and 459.995;

      (c) The status of the metropolitan service district’s waste reduction program as submitted to the commission under ORS 459.345 and its compliance with the criteria in ORS 459.350; and

      (d) Recommendations for improvements in waste prevention, reuse, recycling and composting programs.

      (3) The commission shall revise the plan at regular intervals in order to allow local government units to take advantage of the data and analysis in the state plan. [1991 c.385 §18; 1993 c.560 §76; 1997 c.552 §11; 2015 c.534 §10]

 

      459A.025 Adoption of rules regarding waste disposal and recycling. (1) According to the requirements of ORS chapter 183, the Environmental Quality Commission shall adopt rules and guidelines necessary to carry out the provisions of ORS 459.005, 459.015, 459.035, 459.250, 459.992 (1) and (2), 459.995 and 459A.005 to 459A.665, including but not limited to:

      (a) Acceptable alternative methods for providing the opportunity to recycle;

      (b) Education, promotion and notice requirements, which requirements may be different for disposal sites and collection systems;

      (c) Identification of the wastesheds within the state;

      (d) Guidelines for local government units and other persons responsible for implementing the provisions of ORS 459.005, 459.015, 459.035, 459.250, 459.992 (1) and (2), 459.995 and 459A.005 to 459A.665; and

      (e) Standards for the joint submission of the recycling reports required under ORS 459A.050 (1).

      (2) In adopting rules or guidelines under this section, the commission shall consider:

      (a) The policy stated in ORS 459.015.

      (b) Systems and techniques available for recycling, including but not limited to existing recycling programs.

      (c) Availability of markets for recyclable material.

      (d) Costs of collecting, storing, transporting and marketing recyclable material.

      (e) Avoided costs of disposal.

      (f) Density and characteristics of the population to be served.

      (g) Composition and quantity of solid waste generated and potential recyclable material found in each wasteshed. [Formerly 459.170; 1993 c.560 §77; 1995 c.79 §275; 1997 c.552 §12; 2015 c.662 §3; 2021 c.681 §53]

 

      459A.027 Legislative findings. The Legislative Assembly finds and declares that:

      (1) Public and private recycling programs that collect source separated recyclable materials from residences and from commercial and institutional establishments on a schedule that is convenient to the generator, are effective and efficient methods of recovering recyclable material in the ongoing effort to achieve the solid waste recovery goals of the State of Oregon; and

      (2) An effective way to support the efforts of local government units responsible for implementing solid waste programs directed at achieving solid waste recovery goals is by using existing state resources to support local recycling programs through grants. [1997 c.552 §7]

 

      459A.029 Provision of materials to local governments; commercial generator recovery rate goal. (1) The Department of Environmental Quality shall work with local government units to provide educational and promotional materials that local government units may distribute to commercial generators of solid waste. The educational and promotional materials should be targeted to businesses and include reasons to recycle, including economic benefits, common barriers to recycling and solutions to the barriers, additional resources for commercial generators and other information designed to assist and encourage meeting the state’s 55 percent recovery rate.

      (2) Each wasteshed is encouraged to involve local business organizations in publicly recognizing outstanding recycling efforts by commercial generators of solid waste. The recognition may include awards designed to provide additional incentives to increase recycling efforts.

      (3) Each commercial generator of solid waste shall strive to achieve 55 percent recovery from its solid waste stream by 2025.

      (4) The Legislative Assembly encourages local government units that have chosen to implement commercial recycling programs to evaluate the effectiveness of those programs. The effectiveness of a program may be determined by measuring solid waste diverted by programs, by participation in programs or by some other method. [1997 c.552 §8; 2015 c.534 §16]

 

      459A.030 Technical assistance to local governments. The Department of Environmental Quality shall provide technical assistance to cities, counties or metropolitan service districts in the development, revision, amendment and implementation of local solid waste reduction, reuse and recycling and waste prevention programs and solid waste management programs that comply with the opportunity to recycle established in ORS 459A.005 and 459A.007. The department shall give special emphasis to assisting rural and remote counties. [1991 c.385 §52; 1993 c.560 §78; 2015 c.534 §17]

 

      459A.035 Solid waste composition study. The Department of Environmental Quality shall conduct a solid waste composition study to determine the quantities and sources of different materials disposed of in the waste stream at least once every three biennia for all areas of the state not covered by other solid waste composition studies. The study may include:

      (1) Measurement and composition of wastes disposed of through nonstandard methods such as litter; and

      (2) The composition of commingled and other recovered materials collected or processed in Oregon. [1991 c.385 §5; 1993 c.560 §79; 2015 c.534 §11]

 

      459A.040 [1991 c.385 §93; repealed by 1997 c.552 §40]

 

      459A.045 Request for modification or variance. Any affected person may:

      (1) Request the Environmental Quality Commission to modify the recyclable material for which the commission determines the opportunity to recycle must be provided; or

      (2) Request a variance under ORS 459A.055. [Formerly 459.175]

 

      459A.050 Recycling reports. (1) On behalf of each wasteshed and the cities within each wasteshed, each county shall submit to the Department of Environmental Quality:

      (a) A periodic report, as required by the department, but not more frequently than annually, that documents how the wasteshed and the cities within the wasteshed are implementing the opportunity to recycle, including the requirements of ORS 459A.007 and 459A.010. A wasteshed is encouraged to report the results of the wasteshed’s commercial recycling program evaluations in the wasteshed’s periodic report to the department.

      (b) An annual report that states for the wasteshed the type of material and the weight of each type of material collected through the following means:

      (A) On-route collection;

      (B) Collection from commercial customers; and

      (C) Collection at disposal site recycling depots.

      (c) If solid waste generated in the wasteshed is disposed of outside of the state, the total weight of the solid waste disposed of outside the state, which shall be included in the annual report.

      (2) The metropolitan service district for Multnomah, Washington and Clackamas counties and the cities therein in aggregate shall submit to the department annual reports that include the information required under subsection (1) of this section.

      (3) Except as provided in subsection (4) of this section and subject to the exclusions of ORS 459A.010 (3)(d), each solid waste disposal site that receives solid waste, except transfer stations, shall report, for each wasteshed, the weight of in-state solid waste disposed of at the solid waste disposal site that was generated in each wasteshed.

      (4) The metropolitan service district for Multnomah, Washington and Clackamas counties and the cities therein in aggregate shall submit to the department the weight of solid waste disposed of through the following facilities:

      (a) Metropolitan service district central transfer station;

      (b) Metropolitan service district south transfer station;

      (c) Municipal solid waste compost facility; and

      (d) Any disposal facility or transfer facility owned, operated or under contract by the metropolitan service district.

      (5) The cities and counties within each wasteshed shall share proportionally in the costs incurred for the preparation and submission of the annual report required under this section.

      (6) At least annually, the department shall survey privately operated recycling and material recovery facilities, including but not limited to buy back centers, drop off centers, recycling depots other than those at permitted land disposal facilities, manufacturers and distributors. The department shall collect the following information:

      (a) By type of material for each wasteshed, the weight of in-state material collected from other than on-route collection programs, both residential and commercial.

      (b) Any other information necessary to prevent double counting of material recovered or to determine if a material is recyclable.

      (7) Information collected under subsection (6) of this section, as it relates specifically to the entity’s customer lists or specific amounts and types of materials collected or marketed, is confidential and exempt from disclosure under ORS 192.311 to 192.478. The department may use and disclose such information in aggregated form.

      (8) The information in subsections (1)(b) to (4) and (6) of this section shall be collected and reported annually on a form provided by the department.

      (9) Unless extended by the Environmental Quality Commission upon application under ORS 459A.055 after the affected persons show good cause for an extension, the affected persons within the wasteshed shall implement the opportunity to recycle and submit the recycling report to the department. [Formerly 459.180; 1993 c.560 §80; 1997 c.552 §13; 2001 c.513 §4; 2015 c.534 §18]

 

      459A.055 Variance or request for extension to provide opportunity to recycle. (1)(a) Upon written application by an affected person, the Environmental Quality Commission may, to accommodate special conditions in the wasteshed or a portion thereof, grant a variance from specific requirements of the rules or guidelines adopted under ORS 459A.025.

      (b) The Environmental Quality Commission may grant all or part of a variance under this section.

      (c) Upon granting a variance, the commission may attach any condition the commission considers necessary to carry out the provisions of ORS 459.015, 459.250 and 459A.005 to 459A.665.

      (d) In granting a variance, the commission must find that:

      (A) Conditions exist that are beyond the control of the applicant;

      (B) Special conditions exist that render compliance unreasonable or impractical; or

      (C) Compliance may result in a reduction in recycling.

      (2) An affected person may apply to the commission to extend the time permitted under ORS 459.005, 459.015, 459.035, 459.250, 459A.005 and 459A.050 for providing for all or a part of the opportunity to recycle or submitting a recycling report to the Department of Environmental Quality. The commission may:

      (a) Grant an extension upon a showing of good cause;

      (b) Impose any necessary conditions on the extension; or

      (c) Deny the application in whole or in part. [Formerly 459.185; 1993 c.560 §81; 1997 c.552 §14; 2001 c.513 §5]

 

      459A.060 [1991 c.385 §4; 1997 c.552 §15; repealed by 2001 c.513 §6]

 

      459A.065 Mandatory participation in recycling. (1) Upon findings made under subsection (3) of this section, the Environmental Quality Commission may require one or more classes of solid waste generators within all or part of a wasteshed to recycle identified recyclable material that has been source separated from other solid waste or otherwise make the material available for recycling.

      (2) In determining which materials are recyclable for purposes of mandatory participation, the cost of recycling from commercial or industrial sources shall include the generator’s cost of source separating or otherwise making the material available for recycling or reuse.

      (3) Before requiring solid waste generators to participate in recycling under this section, the commission must find, after a public hearing, that:

      (a) The opportunity to recycle has been provided for a reasonable period of time and the level of participation by generators does not fulfill the policy set forth in ORS 459.015;

      (b) The mandatory participation program is economically feasible within the affected wasteshed or portion of the wasteshed; and

      (c) The mandatory participation program is the only practical alternative to carry out the policy set forth in ORS 459.015.

      (4) After a mandatory participation program is established for a class of generators of solid waste, no person within the identified class of generators shall put solid waste out to be collected nor dispose of solid waste at a disposal site unless the person has separated the identified recyclable material according to the requirements of the mandatory participation program and made the recyclable material available for recycling. [Formerly 459.188; 1993 c.560 §82; 2001 c.513 §3]

 

      459A.070 Limitation on amount charged person who source separates recyclable material. (1) A collection service or disposal site may charge a person who source separates recyclable material and makes it available for reuse or recycling less, but not more, for collection and disposal of solid waste and collection of recyclable material than the collection service charges a person who does not source separate recyclable material.

      (2) A collection service or disposal site may charge a person who does not have solid waste collection service but who source separates recyclable material and makes the material available for reuse or recycling, for the cost of providing that service. In no case shall the charge be greater than the charge to collect or dispose of that material as solid waste. [Formerly 459.190]

 

      459A.075 Exemptions. Nothing in ORS 459.005, 459.015, 459.035, 459.250, 459.992, 459.995 and 459A.005 to 459A.665 applies to recyclable material which is:

      (1) Source separated by the generator; and

      (2) Purchased from or exchanged by the generator for fair market value for recycling or reuse. [Formerly 459.192]

 

      459A.080 Prohibitions against removing or mixing recyclable material; rules. A person may not:

      (1) Without the permission of the owner or generator of recyclable material, take recyclable material set out to be collected by a person authorized by a city or county to provide collection service for that recyclable material.

      (2) Remove any recyclable material from a container, box, collection vehicle, recycling depot or other receptacle for the accumulation or storage of recyclable material without permission of the owner of the receptacle.

      (3)(a) Except as provided in paragraph (b) of this subsection, mix source separated recyclable material with solid waste in any landfill or vehicle, box, container or receptacle used in solid waste collection or disposal.

      (b) The Environmental Quality Commission may establish by rule exemptions from the prohibition against mixing source separated recyclable materials contained in paragraph (a) of this subsection. [Formerly 459.195; 2021 c.681 §54]

 

      459A.085 City, county authority to issue collection service franchises; opportunity to recycle; rates. (1) The Legislative Assembly finds that providing for collection service including but not limited to the collection of recyclable material as part of the opportunity to recycle is a matter of statewide concern.

      (2) The exercise of the authority granted by this section is subject to ORS 221.735 and 459.085 (3).

      (3) It is the intent of the Legislative Assembly that a city or county may displace competition with a system of regulated collection service by issuing franchises which may be exclusive if service areas are allocated. The city or county may recognize an existing collection service. A city or county may award or renew a franchise for collection service with or without bids or requests for proposals.

      (4) In carrying out the authority granted by this section, a city or county acts for and on behalf of the State of Oregon to carry out:

      (a) The purposes of ORS 459.015;

      (b) The requirements of ORS 459.005, 459.015, 459.035, 459.250, 459.992 (1) and (2), 459.995 and 459A.005 to 459A.665;

      (c) Waste reduction programs; and

      (d) The state solid waste management plan.

      (5) After October 15, 1983, a city or a county may continue, extend or renew an existing franchise or grant a new franchise for collection service. If a city or county, in furtherance of ORS 459.005 to 459.426, 459.705 to 459.790 and 459A.005 to 459A.665, has granted a collection service franchise before October 15, 1983, it may treat the franchise as if adopted under this section.

      (6)(a) If a collection service franchise is continued, extended, renewed or granted on or after October 15, 1983, the opportunity to recycle shall be provided to a franchise holder’s customers no later than July 1, 1986. This subsection does not apply to that portion of the opportunity to recycle provided at or in connection with a disposal site under ORS 459.250.

      (b) The opportunity to recycle may be provided by:

      (A) The person holding the franchise;

      (B) Another person who provides the opportunity to recycle to the franchise holder’s customers; or

      (C) A person who is granted a separate franchise from the city or county solely for the purpose of providing the opportunity to recycle.

      (c) In determining who shall provide the opportunity to recycle, a city or county shall first give due consideration to any person lawfully providing recycling or collection service on June 1, 1983, if the person continues to provide the service until the date the determination is made and the person has not discontinued the service for a period of 90 days or more between June 1, 1983, and the date the city or county makes the determination.

      (7) In granting a collection service franchise, the city or county may:

      (a) Prescribe the quality and character of and rates for collection service and the minimum requirements to guarantee maintenance of service, determine level of service, select persons to provide collection service and establish a system to pay for collection service.

      (b) Divide the regulated area into service areas, grant franchises to persons for collection service within the service areas and collect fees from persons holding such franchises.

      (8) The rates established under this section shall be just and reasonable and adequate to provide necessary collection service. The rates established by the city or county shall allow the person holding the franchise to recover any additional costs of providing the opportunity to recycle at the minimum level required by ORS 459.005, 459.015, 459.035, 459.250, 459.992 (1) and (2), 459.995 and 459A.005 to 459A.665 or at a higher level of recycling required by or permitted by the city or county. The rates shall also allow the person to recover the costs of education, promotion and notice of the opportunity to recycle provided by a person holding a franchise.

      (9) Instead of providing funding for the opportunity to recycle through rates established pursuant to subsection (8) of this section, a city or county may provide an alternative method of funding all or part of the opportunity to recycle.

      (10) In establishing service areas, the city or county shall consider:

      (a) The policies contained in ORS 459.015;

      (b) The requirements of ORS 459.250 and 459A.005 to 459A.665;

      (c) Any applicable local or regional solid waste management plan approved by the Department of Environmental Quality;

      (d) Any applicable waste reduction plan approved by the department; and

      (e) The need to conserve energy, increase efficiency, provide the opportunity to recycle, reduce truck traffic and improve safety.

      (11) A city or county may further restrict competition by permitting one or more collection service franchise holders to cooperate to provide the opportunity to recycle if the city or county finds that such cooperation will:

      (a) Improve collection service efficiency;

      (b) Guarantee an adequate volume of material to improve the feasibility and effectiveness of recycling;

      (c) Increase the stability of recycling markets; or

      (d) Encourage joint marketing of materials or joint education and promotion efforts.

      (12) The provisions of this section are in addition to and not in lieu of any other authority granted to a city or county. A city or county’s exercise of authority under this section is not intended to create any presumption regarding an activity of the local government unit not addressed in this section. This section shall not be construed to mean that it is the policy of Oregon that other local government activities may not be exercised in a manner that supplants or limits economic competition. [Formerly 459.200; 1993 c.560 §84]

 

      459A.100 Definitions for ORS 459A.100 to 459A.120. As used in ORS 459A.100 to 459A.120:

      (1) “Domestic solid waste” includes but is not limited to residential, commercial and institutional wastes generated within this state.

      (2) “Domestic solid waste” does not include:

      (a) Sewage sludge or septic tank and cesspool pumpings;

      (b) Building demolition or construction wastes and land clearing debris, if delivered to a disposal site that is limited to those purposes;

      (c) Source separated recyclable material, or material recovered at the disposal site;

      (d) Waste going to an industrial waste facility;

      (e) Waste received at an ash monofill from an energy recovery facility; or

      (f) Other material excluded by the Environmental Quality Commission in order to support the policies of ORS 459.015. [Formerly 459.292; 1993 c.560 §85]

 

      459A.105 Policy. The Legislative Assembly finds and declares that:

      (1) Domestic solid waste disposal capacity is a matter of statewide concern;

      (2) The disposal in Oregon of domestic solid waste generated both outside and within Oregon will reduce the total capacity available for disposal of domestic solid waste generated in this state;

      (3) The disposal in Oregon of domestic solid waste generated outside Oregon and within Oregon will add to the level of environmental risk associated with the transportation and disposal of those wastes; and

      (4) It is in the best interest of the public health, safety and welfare of the people of Oregon to reduce the amount of domestic solid waste being generated in Oregon in order to extend the useful life of existing domestic solid waste disposal sites and to reduce the environmental risks associated with receiving waste generated outside Oregon at those sites. [Formerly 459.293]

 

      459A.110 Additional fees for programs for reduction of waste and environmental risks; assessment. (1) In addition to the permit fees provided in ORS 459.235, the Environmental Quality Commission shall establish a schedule of fees for all:

      (a) Disposal sites that receive domestic solid waste, building demolition or construction waste, land clearing debris, waste tires or solid waste generated outside the state, for final disposal or destruction; and

      (b) Persons who transport solid waste out of the State of Oregon for final disposal or destruction to a disposal site that receives domestic solid waste, building demolition or construction waste, land clearing debris or waste tires.

      (2) If the amount of waste tonnage per calendar year subject to the fees established under subsection (1) of this section falls, for two consecutive calendar years, below 90 percent of the amount of waste tonnage subject to the fees as averaged over the 2014 to 2016 calendar years, the commission may establish a schedule of fees for disposal sites for composting. A fee schedule established under this subsection shall:

      (a) Apply only to tonnage received by a disposal site for composting that is in excess of the first 5,000 tons received per year by the disposal site; and

      (b) Remain in effect unless or until the commission determines that a fee under this subsection is no longer necessary.

      (3) Fees adopted under subsections (1) and (2) of this section shall be based on the estimated tonnage or the actual tonnage, if known, received at the site or transported out of state for disposal and any other similar or related factors the commission finds appropriate.

      (4) For solid waste delivered to a disposal site owned or operated by a metropolitan service district, the schedule of fees, but not the permit fees provided in ORS 459.235, established by the commission in subsection (1) of this section shall be levied on the district, not the disposal site.

      (5) The commission also may require submittal of information related to volumes and sources of solid waste if necessary to carry out the activities described in ORS 459A.120. For solid waste transported out of the State of Oregon for final disposal or destruction, the required information may include the type of solid waste, the county of origin of the solid waste and the state to which the solid waste is transported for final disposal or destruction.

      (6) Before transporting or arranging for transport of solid waste out of the State of Oregon to a disposal site that receives domestic solid waste, a person shall notify the Department of Environmental Quality in writing.

      (7)(a) A local government that franchises or licenses a disposal site that receives domestic solid waste shall allow the disposal site to pass through the amount of the fees established by the commission in subsections (1) and (2) of this section to the users of the site.

      (b) If a disposal site that receives domestic solid waste passes through all or a portion of the fees established by the commission in subsections (1) and (2) of this section to a solid waste collector who uses the site, a local government that franchises or licenses the collection of solid waste shall allow the franchisee or licensee to include the amount of the fee in the collection service rate.

      (8) As used in this section, “person” does not include an individual who transports the individual’s own residential solid waste to a disposal site located out of the state. [Formerly 459.294; 1993 c.528 §2; 1993 c.560 §86; 2015 c.662 §§4,13]

 

      459A.115 [1991 c.385 §13a; 1993 c.560 §88; repealed by 2015 c.662 §5]

 

      459A.120 Use of additional fees. (1) The fees established by the Environmental Quality Commission under ORS 459A.110 shall be deposited in the General Fund and credited to an account of the Department of Environmental Quality. Such moneys are continuously appropriated to the department to fund the update and implementation of the statewide integrated solid waste management plan under ORS 459A.020 and the policies set forth in ORS 459.015.

      (2) Activities that may be funded to carry out the purposes of this section include but are not limited to:

      (a) Activities to reduce the environmental and human health impacts of materials at all stages of their life cycles, such as:

      (A) Promoting and enhancing waste prevention, recycling and other waste recovery activities;

      (B) Collecting data;

      (C) Researching, planning, developing and applying performance measures;

      (D) Developing standards and educational and promotional activities;

      (E) Supporting markets;

      (F) Demonstrating activities; and

      (G) Managing household hazardous wastes and materials;

      (b) Solid waste planning activities by counties and metropolitan service districts, as approved by the department; and

      (c) Providing grants or loans to fund the types of activities listed in paragraphs (a) and (b) of this subsection. In providing grants under this paragraph, the department shall give preference to providing grants for activities that reduce solid waste generation and exceed the requirements of this chapter. [Formerly 459.295; 1993 c.560 §89; 1999 c.59 §130; 2015 c.662 §7]

 

      459A.125 Maximum amount of additional fee; adjustments. (1) The fees generated under ORS 459A.110 shall be sufficient to accomplish the purposes set forth in ORS 459A.120, provided that:

      (a) The fees established under ORS 459A.110 (1) shall be no more than $1.18 per ton for the biennium beginning July 1, 2015; and

      (b) Any per-ton fee on disposal sites for composting under ORS 459A.110 (2) shall be no more than the per-ton fee assessed on domestic solid waste disposal under ORS 459A.110 (1), less $0.81 per ton.

      (2) For the biennium beginning July 1, 2017, and each subsequent biennium and subject to prior approval by the Oregon Department of Administrative Services, the Environmental Quality Commission may:

      (a) Proportionally adjust the fees established under this section and ORS 459A.110 to meet revenue needs consistent with the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board; or

      (b) Adjust for inflation by modifying the amount of the fees established under this section and ORS 459A.110 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) Any fee adjustment adopted pursuant to subsection (2) of this section shall be adopted not less than six months prior to the date that the fee adjustment will be effective.

      (4) The commission may not adopt a fee adjustment under subsection (2) of this section if the adjustment would result in:

      (a) A fee increase or decrease of less than two percent for the biennium for which the fee adjustment will be effective; or

      (b) A fee under ORS 459A.110 (1) that is greater than the maximum fee provided for in subsection (1)(a) of this section adjusted annually on July 1 by a three percent increase in the maximum fee.

      (5) The commission may not adopt more than one fee adjustment under subsection (2) of this section each biennium. [2015 c.662 §6; 2019 c.57 §22]

 

      Note: 459A.125 and 459A.130 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 459A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      459A.130 Rebate of additional fee to economically distressed counties. (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.

      (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]

 

      Note: See note under 459A.125.

 

MATTRESS STEWARDSHIP PROGRAM

 

      459A.150 Legislative findings; policy. The Legislative Assembly finds and declares that:

      (1) It is in the best interests of the State of Oregon for producers of mattresses to take responsibility for developing, implementing and administering a statewide system for the financing, collection and environmentally sound management of discarded mattresses; and

      (2) It is the State of Oregon’s policy that a statewide system for the financing, collection and environmentally sound management of discarded mattresses:

      (a) Provide free, convenient and accessible opportunities for collection of mattresses discarded in this state from any person, in both the urban and rural areas of this state;

      (b) Be technologically feasible and economically practical; and

      (c) Be consistent with the policies for materials management set forth in ORS 459.015 (2). [2022 c.102 §1]

 

      Note: 459A.150 to 459A.189 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 459A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      459A.153 Definitions. As used in ORS 459A.150 to 459A.189:

      (1) “Brand” means a name, symbol, word or mark that attributes a mattress to the producer of the mattress.

      (2) “Consumer” means a person who is the purchaser, by retail sale, of a mattress for final delivery and use in this state.

      (3) “Discarded mattress” means a mattress that has been used, and abandoned or discarded, in this state.

      (4) “Environmentally sound management” includes, but is not limited to, the following management practices, implemented in a manner that is designed to protect public health and safety and the environment:

      (a) Adequate record keeping;

      (b) Keeping detailed documentation of the methods used to:

      (A) Manage discarded mattresses; and

      (B) Track and document the fate of discarded mattresses from collection through final disposition within this state and outside this state;

      (c) Performance audits and inspections of recyclers, haulers and other parties as determined by a stewardship organization;

      (d) Compliance with worker health and safety requirements; and

      (e) Maintenance of adequate liability insurance for a stewardship organization and contractors working for the stewardship organization.

      (5) “Final disposition” means the point beyond which no further processing takes place and a discarded mattress and its components have been recycled, renovated or disposed of.

      (6) “Foundation” means a ticking-covered structure that is used to support a mattress or sleep surface and that may be constructed of frames, foam, box springs or other materials, used alone or in combination.

      (7)(a) “Mattress” means:

      (A) A resilient material or combination of materials that is enclosed by a ticking, is used alone or in combination with other products and is intended for or promoted for sleeping upon; or

      (B) A foundation.

      (b) “Mattress” does not mean:

      (A) An unattached mattress pad or unattached mattress topper, with or without resilient filling or ticking, that is intended to be used with or on top of a mattress;

      (B) A sleeping bag;

      (C) A pillow;

      (D) A car bed, crib mattress or bassinet mattress;

      (E) A carriage, basket, dressing table, stroller, playpen, infant carrier, lounge pad, crib bumper or other product manufactured for young children or the pad for a product described in this subparagraph;

      (F) A water bed, an air mattress or another product that contains liquid- or gas-filled ticking and that does not contain upholstery material between the ticking and the mattress core; or

      (G) A foldout sofa bed, futon, futon mattress or upholstered furniture.

      (8) “Mattress core” means the principal support system that is present in a mattress and that may be constructed of materials such as springs, foam, air or water bladders or resilient filling.

      (9) “Mattress stewardship assessment” means the amount added at retail sale to the purchase price of a mattress to cover the costs of a mattress stewardship program.

      (10) “Mattress stewardship program” means a statewide program for the collection of discarded mattresses and environmentally sound management of program mattresses that is operated by a stewardship organization pursuant to a plan approved by the Department of Environmental Quality under ORS 459A.165.

      (11) “Mattress topper” means any item that contains resilient filling, with or without ticking, that is intended to be used with or on top of a mattress.

      (12) “Nonprofit organization” means an organization or group of organizations described in section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under section 501(a) of the Internal Revenue Code.

      (13) “Person” means the United States, the state or a public or private corporation, local government unit, public agency, individual, partnership, association, firm, trust, estate or other legal entity.

      (14) “Premium service” means a service such as at-home pickup service, including curbside pickup service.

      (15) “Producer” means any person, irrespective of the selling technique used, including that of remote sale, that:

      (a) Manufactures a mattress that is sold, offered for sale or distributed in this state;

      (b) Is the owner of a trademark or brand under which a mattress is sold, offered for sale or distributed in this state, whether or not such trademark or brand is registered in this state; or

      (c) Imports a mattress into the United States that is sold or offered for sale in this state.

      (16)(a) “Program mattress” means a discarded mattress that a stewardship organization will provide environmentally sound management for under a mattress stewardship program.

      (b) “Program mattress” does not mean a mattress transported from outside this state to be discarded in this state.

      (17)(a) “Renovate” means to alter a discarded mattress for resale through replacing the ticking or filling, adding additional filling or replacing components of the discarded mattress with new or recycled materials.

      (b) “Renovate” does not mean:

      (A) Stripping a discarded mattress of the ticking or filling without adding new material; or

      (B) The sanitization or sterilization of a discarded mattress without other alteration to the discarded mattress.

      (18) “Renovator” means a person that renovates discarded mattresses.

      (19) “Retailer” means a person that offers new, used or renovated mattresses for retail sale.

      (20) “Retail sale” means sale to a consumer in this state by any means and for any purpose other than resale, including but not limited to sale by remote offerings such as sales outlets, catalogs or the Internet.

      (21) “Sanitization” means the direct application of chemicals to a mattress to kill pathogens that cause human disease.

      (22) “Sterilization” means the mitigation of any deleterious substances or organisms, including pathogens that cause human disease, fungi and insects, from a mattress or filling material using a chemical or heat process.

      (23) “Stewardship organization” means a nonprofit organization designated by a producer or group of producers to implement a mattress stewardship program.

      (24)(a) “Ticking” means the outermost layer of fabric or related material of a mattress.

      (b) “Ticking” does not mean any layer of fabric or material quilted together with, or otherwise attached to, the outermost layer of fabric or material of a mattress. [2022 c.102 §2]

 

      Note: See note under 459A.150.

 

      459A.156 Requirement to participate in mattress stewardship program; program information; mattress stewardship assessment. (1) Except as provided in subsection (3) of this section, a producer, renovator or retailer may not sell or offer for sale any mattress to any person in this state unless the producer, renovator or retailer is registered with a stewardship organization with a plan approved by the Department of Environmental Quality under ORS 459A.165.

      (2) On and after the date that a mattress stewardship program is implemented, a retailer:

      (a) May purchase a mattress only from a producer or renovator that is registered with a stewardship organization as of the date of purchase as evidenced by information made available by a stewardship organization pursuant to subsection (4) of this section;

      (b) Shall collect, at the point of retail sale, the mattress stewardship assessment established pursuant to a plan approved by the department under ORS 459A.165 and remit the mattress stewardship assessment to the stewardship organization that implements the mattress stewardship program; and

      (c) Shall provide to consumers, at the point of retail sale, information on available collection opportunities for discarded mattresses through the mattress stewardship program.

      (3) A retailer registered with a stewardship organization that purchased a mattress from a producer or renovator in compliance with subsection (2)(a) of this section is not in violation of subsection (1) of this section if, at the time the retailer sells the mattress to a consumer, the producer or renovator that the retailer purchased the mattress from is no longer registered with a stewardship organization.

      (4) A stewardship organization shall make available on the stewardship organization’s website and on request:

      (a) Information on the brands owned by all producers and renovators registered with the stewardship organization;

      (b) Information on available collection opportunities; and

      (c) Any other information necessary for retailers to comply with subsection (2) of this section.

      (5) A retailer shall identify the mattress stewardship assessment as a separate line item on the receipt for a mattress provided to a consumer at the point of sale. The mattress stewardship assessment may not be described on the receipt as an Oregon recycling fee.

      (6)(a) Subject to paragraph (b) of this subsection, a stewardship organization may use a mattress stewardship assessment collected in this state only to pay the costs necessary to plan, implement, administer and operate a mattress stewardship program in this state.

      (b) A stewardship organization may not use any moneys collected through a mattress stewardship assessment to pay penalties assessed against the stewardship organization under ORS 459.995.

      (7) Nothing in this section prevents a stewardship organization from, with notice to the department, coordinating efforts for carrying out a mattress stewardship program in this state with programs for the collection and environmentally sound management of discarded mattresses in other states.

      (8) The department shall maintain on its website a list of all producers, renovators and retailers that are in compliance with ORS 459A.150 to 459A.189. [2022 c.102 §3]

 

      Note: See note under 459A.150.

 

      459A.159 Mattress stewardship program plan; requirements. (1) In a form and manner prescribed by the Department of Environmental Quality, a stewardship organization shall submit to the department a plan for the development and implementation of a mattress stewardship program. The plan must:

      (a) Describe how the stewardship organization will manage and administer a mattress stewardship program.

      (b) Identify program mattresses.

      (c) Describe how discarded mattresses that are received through collection sites or collection events and that are not program mattresses will be handled.

      (d) Identify each producer, renovator and retailer that is registered with the stewardship organization as of 30 days before the plan is submitted to the department.

      (e) Include a description of how the stewardship organization will provide for the environmentally sound management of program mattresses, regardless of the producer, with no charge at the point of collection of discarded mattresses, except that the stewardship organization may allow for a person that provides a premium service under the mattress stewardship program to charge for the additional cost of that premium service. The description shall include, at a minimum:

      (A) Identification of the proposed transporters and recyclers that the stewardship organization will contract with to transport and process program mattresses and the recycling methods that the recyclers will use;

      (B) The auditing, inspection and other procedures that will be used by the stewardship organization and the frequency at which the procedures will be implemented to ensure that all entities the stewardship organization contracts with to implement the mattress stewardship program engage in environmentally sound management practices; and

      (C) A description of the processes that will be used to ensure that the recyclers contracted with by the stewardship organization to process program mattresses will comply with environmentally sound management practices.

      (f) Provide service as described in ORS 459A.162.

      (g) Establish performance goals for:

      (A) The collection target and recycling rates of program mattresses; and

      (B) Public awareness of the mattress stewardship program.

      (h) Include an anticipated annual operating budget, as described in subsection (2) of this section, for the mattress stewardship program for two years of operation of the program, beginning with the year in which the plan is submitted to the department.

      (i) Include a proposed mattress stewardship assessment method for collecting the mattress stewardship assessment from retailers and a method for ensuring the assessment is remitted to the stewardship organization. The mattress stewardship assessment must be a flat amount that applies equally to each mattress sold to a consumer in this state and must be sufficient to recover, but not exceed, the costs of establishing and administering the mattress stewardship program, including but not limited to all costs incurred for the environmentally sound management of program mattresses during each stage of management, from collection of the program mattresses through final disposition of the program mattresses.

      (j) Provide a mechanism to mitigate the costs associated with collection and management of discarded mattresses that are illegally dumped. The proposed mechanism must take into account the cost of one or more incentives to encourage collectors to properly dispose of discarded mattresses and discourage illegal dumping, and may include but need not be limited to proposals for funding of cleanup activities, for education and outreach or for studies to evaluate the causes of illegal dumping. The proposed mechanism may not require the stewardship organization or collectors to enter private property without authorization from the property owner or other appropriate authority.

      (k) Provide for public education, advertising and promotion of discarded mattress collection opportunities statewide and on a regular basis.

      (L) Include a closure plan that addresses how the stewardship organization will settle the affairs of the mattress stewardship program in the event of dissolution of the stewardship organization or cessation of operations of the mattress stewardship program by the stewardship organization in this state.

      (m) Describe methods that will be used by the stewardship organization to coordinate activities with existing recycling programs, including existing nonprofit organizations that are mattress recyclers, to further the environmentally sound management of discarded mattresses.

      (n) Address procedures for identifying substantial or material changes to the system for collecting discarded mattresses for which a plan amendment will be required under ORS 459A.168.

      (2) The anticipated annual operating budget for a mattress stewardship program shall include, but need not be limited to, budget line items relating to:

      (a) The collection, transportation and processing of program mattresses;

      (b) The administrative costs of the mattress stewardship program to the stewardship organization;

      (c) The costs of compensating collection sites for their reasonable actual costs to collect and manage discarded mattresses;

      (d) The anticipated amount of moneys that the stewardship organization will hold in unallocated reserve funds for the mattress stewardship program; and

      (e) The annual fee to be paid to the department pursuant to ORS 459A.174 (3).

      (3) In operating a mattress stewardship program, a stewardship organization shall:

      (a) Meet the requirements of the plan submitted under this section, as approved by the department pursuant to ORS 459A.165.

      (b) Meet or exceed the service requirements described in ORS 459A.162. [2022 c.102 §4]

 

      Note: See note under 459A.150.

 

      459A.162 Service requirements. (1)(a) A plan submitted under ORS 459A.159 must provide for convenient service through, at a minimum:

      (A) Providing for at least one permanent collection site in every county with a population of 10,000 people or more and an additional 25 collection sites distributed throughout this state in a manner to extend convenient service to residents;

      (B) Holding at least one collection event per year in counties that have a population of less than 10,000 people and that do not have a permanent collection site;

      (C) Providing for permanent collection sites that are in a county with a population of 10,000 people or more, to be staffed and open to the public at least six days per week;

      (D) Providing for permanent collection sites that are in a county with a population of less than 10,000 people, to be staffed and open to the public at least one day per week; and

      (E) Providing a convenient method for the public to access a list of collection opportunities.

      (b) A plan may provide for methods for providing convenient service that are alternative methods to those provided for in paragraph (a) of this subsection if, based on a geographic information systems analysis or additional information, the alternative methods will result in providing service to residents throughout this state at an equivalent level of convenient service compared with the methods provided for under paragraph (a) of this subsection.

      (2) A stewardship organization shall:

      (a) Establish and maintain collection sites at:

      (A) Permitted solid waste facilities; or

      (B) Other suitable sites for the collection of discarded mattresses, if the sites do not impose a fee for making space available for storage containers.

      (b) Provide for storage containers at no charge at, and transportation and recycling of program mattresses from, collection sites described in paragraph (a) of this subsection.

      (c) Provide financial compensation to collection sites described in paragraph (a) of this subsection for their reasonable actual costs to collect and manage discarded mattresses.

      (d) Provide for bulk pickup service at no cost to collect a minimum of 100 properly source separated program mattresses at one time from persons including, but not limited to:

      (A) Public bodies as defined in ORS 174.109;

      (B) Retailers;

      (C) Public or private disposal, transfer or material or energy recovery sites or facilities;

      (D) Health care, educational or military facilities; and

      (E) Hotels, motels, inns and other establishments that provide transient lodging.

      (e) Offer organizations that recycle or renovate discarded mattresses the opportunity to participate as collection sites.

      (f) Prioritize renovation or recycling over disposal in providing for the environmentally sound management and final disposition of program mattresses under the mattress stewardship program.

      (g) Notify retailers that sell or offer for sale mattresses made or sold by producers or renovators registered with the stewardship organization about the mattress stewardship program and provide retailers with information necessary to comply with ORS 459A.150 to 459A.189. [2022 c.102 §5]

 

      Note: See note under 459A.150.

 

      459A.165 Approval of mattress stewardship program plan or amendment; revocation; additional reporting requirements. (1) The Department of Environmental Quality shall approve, reject or request additional information for a plan submitted under ORS 459A.159 or an amendment to a plan submitted under ORS 459A.168 no later than 90 days after the date the department receives the plan or plan amendment from the stewardship organization. The department shall post a plan or plan amendment on its website and provide for a public comment period of no less than 30 days before approving, rejecting or requesting additional information on the plan or plan amendment.

      (2)(a) If the department rejects, or requests additional information for, the plan or plan amendment, the department must provide the stewardship organization with the reasons, in writing, that the plan or plan amendment does not meet the plan requirements of ORS 459A.159. The stewardship organization shall have 60 days from the date that the rejection or request for additional information is received to submit to the department any additional information necessary for the approval of the plan or plan amendment. The department shall review and approve or disapprove the revised plan or plan amendment no later than 45 days after the date the department receives the revised plan or plan amendment.

      (b) A stewardship organization may resubmit a revised plan or plan amendment to the department on not more than two consecutive occasions. If, after the second consecutive resubmission, the department determines that the revised plan or plan amendment does not meet the plan requirements of ORS 459A.159, the department shall modify the plan or plan amendment as necessary for the plan or plan amendment to meet the requirements of ORS 459A.159 and approve the plan or amended plan.

      (3) The department’s rejection of, or request for additional information for, a plan amendment does not relieve a stewardship organization from continuing to implement a mattress stewardship program in compliance with a previously approved plan pending a final action by the department on the plan amendment.

      (4) Beginning no later than 90 days after a plan or amended plan is approved under this section, a stewardship organization must implement a mattress stewardship program as described in the plan or amended plan.

      (5)(a) Upon a written finding described in paragraph (b) of this subsection, and after providing the stewardship organization an opportunity to respond to the finding, the department may, in addition to any other penalty provided by law:

      (A) Revoke approval of a plan or plan amendment under this section or require a stewardship organization to resubmit a plan or plan amendment; or

      (B) Require a stewardship organization to meet reporting requirements in addition to those required under ORS 459A.174, as the Environmental Quality Commission determines by rule or order may be appropriate to avoid future violations.

      (b) Paragraph (a) of this subsection applies only if the department finds:

      (A) That a stewardship organization has violated a provision of ORS 459A.150 to 459A.189; and

      (B) That the violation has a material impact on the implementation and administration of a plan previously approved by the department under this section. [2022 c.102 §6]

 

      Note: See note under 459A.150.

 

      Note: Section 18, chapter 102, Oregon Laws 2022, provides:

      Sec. 18. (1) Initial plans for mattress stewardship programs under sections 4 [459A.159] and 8 [459A.171] of this 2022 Act must be submitted to the Director of the Department of Environmental Quality no later than October 1, 2023.

      (2) Notwithstanding section 6 (4) of this 2022 Act [459A.165 (4)], a stewardship organization shall implement a mattress stewardship program as described in an initial plan submitted pursuant to subsection (1) of this section no later than seven months after the date that the initial plan is approved by the department under section 6 of this 2022 Act. [2022 c.102 §18]

 

      459A.168 Amendments to mattress stewardship program plan; notice of changes to plan. (1) A stewardship organization shall submit to the Department of Environmental Quality for approval an amendment to a plan that has been approved by the department under ORS 459A.165 if, at any time:

      (a) There is a substantial or material change, as provided for under ORS 459A.159 (1)(n), to the system for collecting discarded mattresses;

      (b) The stewardship organization proposes a change to the mattress stewardship assessment; or

      (c) The department requests an amendment to the plan in order to address a specific finding by the department that:

      (A) The administrative costs of the stewardship organization for the mattress stewardship program equaled 20 percent or more of the organization’s total annual operating budget for the program during the prior calendar year; or

      (B) The unallocated reserve funds held by the stewardship organization for the mattress stewardship program during the prior calendar year equaled 75 percent or more of the organization’s total annual operating budget for the program during the year.

      (2) The department may not request an amendment under subsection (1)(c) of this section until two years after the implementation of a mattress stewardship program by the stewardship organization.

      (3) Not less than once per month, a stewardship organization shall provide written notice to the department of any changes made during the previous month to a plan approved by the department under ORS 459A.165 that are changes for which an amendment is not required under subsection (1) of this section. Changes subject to notice under this subsection include, but are not limited to:

      (a) A change in the location or the number of permanent collection sites identified in the plan;

      (b) A change in the producers or renovators that are registered with the stewardship organization; or

      (c) A change in the recyclers or renovators that manage the discarded mattresses collected by the stewardship organization under the program.

      (4) If the department determines that a change for which notice was given under subsection (3) of this section has a material impact on a previously approved plan, the department may require the stewardship organization to submit an amendment under subsection (1) of this section, regardless of whether the change has been implemented. [2022 c.102 §7]

 

      Note: See note under 459A.150.

 

      459A.171 Reapproval of mattress stewardship program plan. (1)(a) A plan submitted under ORS 459A.159 and approved by the Department of Environmental Quality under ORS 459A.165 is valid for five years.

      (b) At least 180 days before the expiration of a plan approved under ORS 459A.165, the stewardship organization shall submit the plan to the department to be reapproved for an additional five years. A plan submitted under this paragraph must include proposed improvements based on the results of the study conducted under ORS 459A.174 (4)(a).

      (2) Notwithstanding ORS 459A.159, the initial plan submitted by a stewardship organization is not required to include the information described in ORS 459A.159 (1)(g) or (L). A stewardship organization operating a mattress stewardship program shall first submit the information described in ORS 459A.159 (1)(g) and (L) pursuant to the notification procedures set forth in ORS 459A.168 (3) no later than two years after implementation of the mattress stewardship program. [2022 c.102 §8]

 

      Note: See note under 459A.150.

 

      459A.174 Annual report; budget; additional reports; performance audit; fees. (1) A stewardship organization that implements a mattress stewardship program pursuant to a plan approved by the Department of Environmental Quality under ORS 459A.165 shall, no later than July 1 of each year, submit for review and approval to the department:

      (a) The annual report provided for under subsection (2) of this section for the preceding calendar year;

      (b) An updated budget for the upcoming calendar year that follows the budget requirements provided for in ORS 459A.159; and

      (c) The annual fee required under subsection (3) of this section.

      (2) The annual report submitted by a stewardship organization shall include, at a minimum, with respect to mattresses collected in this state:

      (a) The mattress stewardship program’s costs and revenues for the previous calendar year;

      (b) Information on the number and tonnage of discarded mattresses collected pursuant to the mattress stewardship program during the previous calendar year at a sufficient level of disaggregation to determine how the program is performing in different regions of the state;

      (c) Information on the number and tonnage of program mattresses collected pursuant to the mattress stewardship program for recycling during the previous calendar year at a sufficient level of disaggregation to determine how the program is performing in different regions of the state;

      (d) Information on the number and tonnage of program mattresses collected pursuant to the mattress stewardship program for renovation during the previous calendar year at a sufficient level of disaggregation to determine how the program is performing in different regions of the state;

      (e) The weight of mattress materials recycled and the final disposition of mattress materials, by weight and by material, sold as commodities in secondary markets;

      (f) The weight of mattress materials sent for disposal at each of the following:

      (A) Waste-to-energy facilities;

      (B) Landfills; and

      (C) Any other facilities;

      (g) An evaluation of why the mattress materials sent for disposal were not recycled and a description of efforts that will be taken to increase the recycling rate of mattress materials under the mattress stewardship program;

      (h) The number of discarded mattresses received through collection that were not program mattresses, the number of discarded mattresses that were illegally dumped as reported to the department, an analysis of how the data required by this paragraph has changed over time and strategies the stewardship organization will take to address discarded mattresses that are not program mattresses and discarded mattresses that are illegally dumped;

      (i) The total sales of mattresses sold to consumers in this state in the previous calendar year by producers, renovators and retailers registered with the stewardship organization;

      (j) A summary of the public education offered in the previous calendar year that supports the mattress stewardship program and examples of public education materials;

      (k) An evaluation of the effectiveness of methods and processes used to achieve the goals of the mattress stewardship program, information on progress made toward achieving the goals, an explanation of why any goals were not met during the previous calendar year and any efforts that will be taken to improve progress toward meeting the goals in the future, if applicable;

      (L) A report by an independent certified public accountant, retained by the stewardship organization at the stewardship organization’s expense, on the accountant’s audit of the stewardship organization’s financial statements;

      (m) A report on the outcome of audits of entities the stewardship organization contracts with, as provided in ORS 459A.159 (1)(e)(B) and (C); and

      (n) Recommendations for any changes to the mattress stewardship program, including the potential utility of a ban on disposal of mattresses and information relevant to compliance with the plan.

      (3) The department shall establish an annual fee to be paid by the stewardship organization that is reasonably calculated to cover the costs to the department to administer, implement and enforce ORS 459A.150 to 459A.189. The department shall provide notice to a stewardship organization no later than April 1 of each year of the annual fee for the upcoming calendar year. Fees collected by the department under this section shall be deposited in the State Treasury to the credit of the Mattress Stewardship Fund established under ORS 459A.183.

      (4) In addition to meeting the requirements of subsection (1) of this section, a stewardship organization shall:

      (a) Conduct during the third year of implementing a mattress stewardship program, and in consultation with community organizations, a study evaluating the most effective methods of providing discarded mattress collection services to low-income individuals and multifamily housing structures.

      (b) Include in the annual report required for the third year of implementing a mattress stewardship program under a plan or initial plan approved under ORS 459A.165:

      (A) A report to the department on the scope of discarded mattresses in this state that are not being collected as part of the stewardship organization’s mattress stewardship program and recommendations on how to direct the discarded mattresses to, and include them, in the stewardship organization’s program; and

      (B) A life cycle assessment report of mattresses sold in this state.

      (5)(a) The department may require a stewardship organization to have a performance audit of the mattress stewardship program conducted and to include a report on the performance audit in the next required annual report. A performance audit required under this subsection must conform to audit standards established by nationally recognized entities including, but not limited to, the United States Government Accountability Office and the National Association of State Auditors, Comptrollers and Treasurers.

      (b) Except as provided in paragraph (c) of this subsection, the department may require a performance audit to be conducted under paragraph (a) of this subsection no more than once every five years. The department may not first request a performance audit to be conducted until the third year that a stewardship organization has implemented a mattress stewardship program.

      (c) The department may require a performance audit to be conducted under paragraph (a) of this subsection less than five years after the last time that a performance audit was conducted, if the department determines that the performance audit is warranted based on information contained in a plan amendment submitted to the department under ORS 459A.168.

      (6) The department may not disclose any confidential proprietary information obtained by the department under this section or ORS 459A.159, 459A.162, 459A.165 or 459A.168. [2022 c.102 §9]

 

      Note: See note under 459A.150.

 

      459A.177 Mattress stewardship program advisory committee. (1)(a) The Director of the Department of Environmental Quality shall appoint a mattress stewardship program advisory committee of not more than 10 members representing the interests of the following entities in the stewardship of discarded mattresses:

      (A) Local governments;

      (B) The solid waste industry;

      (C) The environmental community; and

      (D) The public.

      (b) The director may not appoint to the advisory committee any person that has or who may have a pecuniary interest in any contract awarded by a stewardship organization as part of the implementation of a mattress stewardship program.

      (2) The advisory committee shall meet not less than once annually and shall consult with stewardship organizations operating mattress stewardship programs and advise the Department of Environmental Quality regarding:

      (a) The review and approval of any plan for the development and implementation of a mattress stewardship program submitted to the department under ORS 459A.159;

      (b) The review and approval of any amendment to a plan submitted under ORS 459A.168; and

      (c) The review of annual reports submitted by a stewardship organization under ORS 459A.174. [2022 c.102 §10]

 

      Note: See note under 459A.150.

 

      459A.180 Inspection by Department of Environmental Quality. (1) The Department of Environmental Quality shall have the power to enter upon and inspect, at any reasonable time, any public or private property, premises or place for the purpose of investigating either an actual or suspected violation of ORS 459A.150 to 459A.189.

      (2) A stewardship organization shall retain all records related to implementation of a mattress stewardship program for not less than three years and make the records available for inspection by the department upon request. [2022 c.102 §11]

 

      Note: See note under 459A.150.

 

      459A.183 Mattress Stewardship Fund. The Mattress Stewardship Fund is established, separate and distinct from the General Fund. All moneys in the Mattress Stewardship Fund are continuously appropriated to the Department of Environmental Quality and may be used only to pay the costs of administering, implementing and enforcing ORS 459A.150 to 459A.189. [2022 c.102 §12]

 

      Note: See note under 459A.150.

 

      459A.186 Application of antitrust laws. (1) The Legislative Assembly declares that the collaboration of producers and stewardship organizations to develop and implement mattress stewardship programs is in the best interests of the public. Therefore, the Legislative Assembly declares its intent that the establishment, administration, collection or disbursement of the mattress stewardship assessment shall be exempt from state antitrust laws. The Legislative Assembly further declares its intent to provide immunity for the establishment, administration, collection or disbursement of the mattress stewardship assessment from federal antitrust laws.

      (2)(a) This section does not authorize any person to engage in activities or to conspire to engage in activities that constitute per se violations of state or federal antitrust laws that are not authorized under ORS 459A.150 to 459A.189.

      (b) This section does not apply to any activities related to:

      (A) Pricing agreements for mattresses unrelated to the mattress stewardship assessment;

      (B) Agreements regarding the output or production of mattresses; or

      (C) Restrictions on the geographic area in which, or the consumers to whom, mattresses will be sold.

      (3) The Department of Environmental Quality shall actively supervise the conduct of a stewardship organization in establishing, administering, collecting and disbursing the mattress stewardship assessment. [2022 c.102 §13]

 

      Note: See note under 459A.150.

 

      459A.189 Rules. The Environmental Quality Commission may adopt rules as necessary to implement ORS 459A.150 to 459A.189. [2022 c.102 §14]

 

      Note: See note under 459a.150.

 

DRUG TAKE-BACK PROGRAM

 

      459A.200 Definitions. As used in ORS 459A.200 to 459A.266:

      (1) “Analogous product” means:

      (a) With regard to a virus, a product prepared from or with a virus or agent that is actually or potentially infectious, regardless of the degree of virulence or toxigenicity of the specific virus strain used.

      (b) With regard to a therapeutic serum, a product composed of whole blood or plasma, or that contains some organic constituent or product that is not a hormone or amino acid derived from whole blood, plasma or serum.

      (c) With regard to an antitoxin or toxin, a product, regardless of its origin source, that is intended to be applicable to the prevention, treatment or cure of a disease or human injury through a specific immune process.

      (2) “Antitoxin” means a product containing the soluble substance in serum or other bodily fluid of an immunized animal that specifically neutralizes the toxin to which the animal is immune.

      (3) “Authorized collector” means a person that enters into an agreement with a program operator for the purpose of collecting covered drugs under a drug take-back program.

      (4) “Biologics” means a virus, therapeutic serum, toxin, antitoxin or analogous product applicable to the prevention, treatment or cure of human diseases or injuries.

      (5)(a) “Covered drug” means a drug that a covered entity has discarded or abandoned or that a covered entity intends to discard or abandon.

      (b) “Covered drug” includes:

      (A) Prescription drugs, as defined in ORS 689.005;

      (B) Nonprescription drugs, as defined in ORS 689.005;

      (C) Drugs marketed under a brand name, as defined in ORS 689.515;

      (D) Drugs marketed under a generic name, as defined in ORS 689.515; and

      (E) Combination products.

      (c) “Covered drug” does not include:

      (A) Vitamins or supplements;

      (B) Herbal-based remedies or homeopathic drugs, products or remedies;

      (C) Products that are regulated as both cosmetics and nonprescription drugs by the federal Food and Drug Administration;

      (D) Drugs and biological products for which a covered manufacturer administers a drug take-back program as part of a risk evaluation and mitigation strategy under the oversight of the federal Food and Drug Administration;

      (E) Drugs administered in a clinical setting;

      (F) Drugs that are used for animal medicines, including but not limited to parasiticide drugs for animals;

      (G) Exposed sharps, as defined in ORS 459.386, or other used drug products that are medical waste;

      (H) Emptied injector products or medical devices and their components;

      (I) Dialysis concentrates and solutions used for kidney dialysis in a patient’s home; or

      (J) Biologics.

      (6)(a) “Covered entity” means:

      (A) A resident of this state;

      (B) A nonbusiness entity located in this state; or

      (C) An ultimate user as defined by 21 U.S.C. 802(27).

      (b) “Covered entity” does not include a law enforcement agency or an entity that generates pharmaceutical waste, such as a hospital, health care clinic, office of a health care provider, veterinary clinic or pharmacy.

      (7)(a) “Covered manufacturer” means a person that manufactures covered drugs that are sold within this state, including, but not limited to, a person that manufactures covered drugs for another manufacturer pursuant to an agreement.

      (b) “Covered manufacturer” does not include:

      (A) A person that:

      (i)(I) Packages covered drugs that are sold within this state or that labels the containers of covered drugs that are sold within this state; or

      (II) Repackages covered drugs that are sold within this state or that relabels the containers of covered drugs that are sold within this state, if the person informs the Department of Environmental Quality of the name of the original manufacturer of the covered drug; and

      (ii) Does not produce, prepare, propagate, compound, convert or process drugs that are sold within this state; or

      (B) A prepaid group practice that serves at least 200,000 members in this state and that has been issued a certificate of authority by the Department of Consumer and Business Services.

      (8) “Drop-off site” means the location where an authorized collector operates a secure repository for collecting covered drugs.

      (9) “Drug” has the meaning given that term in ORS 689.005.

      (10) “Drug take-back organization” means an organization designated by a covered manufacturer or a group of covered manufacturers to act as an agent of the covered manufacturer or group of covered manufacturers for the purpose of participating in a drug take-back program.

      (11) “Drug take-back program” means a program developed and implemented by a program operator for the collection, transportation and disposal of covered drugs for which a plan has been approved under ORS 459A.209.

      (12) “Mail-back service” means a method of collecting covered drugs from a covered entity by using prepaid, preaddressed mailing envelopes.

      (13) “Manufacture” has the meaning given that term in ORS 689.005.

      (14) “Pharmacy” has the meaning given that term in ORS 689.005.

      (15) “Potential authorized collector” means:

      (a) A person that:

      (A) Is registered with the Drug Enforcement Administration of the United States Department of Justice; and

      (B) Qualifies under federal law to collect and dispose of controlled substances, or qualifies under federal law to have the person’s registration modified in such a way that authorizes the person to collect and dispose of controlled substances.

      (b) A law enforcement agency.

      (16) “Program operator” means a covered manufacturer, group of covered manufacturers or drug take-back organization that develops and implements, or plans to develop and implement, a drug take-back program approved by the Department of Environmental Quality.

      (17)(a) “Retail drug outlet” means a retail drug outlet, as defined in ORS 689.005, that is open to and accessible by the public.

      (b) “Retail drug outlet” does not include a hospital that does not have an on-site pharmacy or a health care clinic that does not have an on-site pharmacy.

      (18) “Therapeutic serum” means a product obtained from blood by removing the clot or clot components and the blood cells.

      (19) “Toxin” means a product that contains a soluble substance poisonous to animals or humans in a dose of one milliliter or less, and that, after administration by injection of a nonlethal dose into an animal, causes to be produced within the animal another soluble substance that specifically neutralizes the poisonous substance, demonstrable in the serum of the immunized animal.

      (20) “Virus” means a product containing the minute living cause of an infectious disease and that includes but is not limited to filterable viruses, bacteria, rickettsia, fungi and protozoa. [2019 c.659 §1; 2021 c.50 §15]

 

      Note: 459A.200 to 459A.266 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 459A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      459A.203 Requirement to participate in drug take-back program; rules; fines. (1) Except as provided in subsection (2) of this section, each covered manufacturer shall participate in a drug take-back program that complies with the requirements of ORS 459A.200 to 459A.266. A covered manufacturer may participate in a drug take-back program independently, as part of a group of covered manufacturers or by delegating the covered manufacturer’s duties under ORS 459A.200 to 459A.266 to a drug take-back organization.

      (2)(a) A covered manufacturer is not required to participate in a drug take-back program as described in subsection (1) of this section if the covered manufacturer provides sufficient proof to the Department of Environmental Quality that the covered manufacturer manufactures covered drugs for fewer than 50 patients in this state.

      (b) The Environmental Quality Commission may adopt rules regarding this subsection.

      (3) If a covered manufacturer does not participate in a drug take-back program as described in subsection (1) of this section, and does not qualify for exemption under subsection (2) of this section, the State Board of Pharmacy may assess a fine against the covered manufacturer in an amount not to exceed $10,000 for each day that covered drugs manufactured by the covered manufacturer are sold in this state. [2019 c.659 §2]

 

      Note: See note under 459A.200.

 

      459A.206 Organization of program operator. A program operator of a drug take-back program must be organized as an entity that is exempt from income taxes under section 501(c)(3) of the Internal Revenue Code, as amended and in effect on September 29, 2019. [2019 c.659 §3]

 

      Note: See note under 459A.200.

 

      459A.209 Plan for drug take-back program; requirements; approval; updated plans. (1) In a form and manner prescribed by the Department of Environmental Quality, a program operator must submit to the department a plan for participating in a drug take-back program. The department shall approve a proposed drug take-back program plan if the program operator submits a completed application, the proposed drug take-back program meets the requirements of subsections (2), (4) and (5) of this section and the program operator pays the fee established by the department under ORS 459A.242.

      (2) To be approved by the department, a proposed drug take-back program plan must:

      (a) Identify and provide contact information for the program operator and each covered manufacturer participating in the proposed drug take-back program;

      (b) Provide for a collection system that complies with ORS 459A.215, 459A.218 and 459A.221;

      (c) Provide for a disposal system that complies with ORS 459A.224;

      (d) Include policies and procedures to ensure the safe and secure handling and disposal of covered drugs;

      (e) Include policies and procedures to ensure the security of patient information that may be printed on the packaging of a covered drug and compliance with any applicable federal laws and regulations;

      (f) Set forth a plan to cover all costs associated with the proposed drug take-back program, with the costs of the proposed drug take-back program apportioned among each covered manufacturer participating in the proposed drug take-back program;

      (g) Set forth goals with respect to the amount of drugs collected under the proposed drug take-back program and with respect to fostering full public awareness of the proposed drug take-back program;

      (h) Provide public outreach and education in compliance with ORS 459A.227;

      (i) Describe how the drug take-back program will provide convenient service in every county in this state, including how under the drug take-back program the program operator will establish at least one drop-off site:

      (A) In each county in this state; and

      (B) Per population center, plus an additional drop-off site for every 50,000 residents of the city or town located within a population center;

      (j) Identify the transporters and waste disposal facilities that the program will use;

      (k) Provide upon request of a covered entity a mail-back service option that is prepaid by the program; and

      (L) Provide to a person who provides in-home hospice services, upon the person’s request, mail-back service supplies to be used by the hospice services patient.

      (3) The department may waive the requirement of subsection (2)(i)(A) of this section with respect to a county if the proposed drug take-back program plan describes how the drug take-back program will provide mail-back service in the county.

      (4) Drop-off sites described in subsection (2)(i) of this section must be located throughout a population center to provide reasonably convenient and equitable access to all residents of the population center.

      (5) The drop-off site required under subsection (2)(i)(A) of this section may be the same drop-off site as the drop-off site required under subsection (2)(i)(B) of this section.

      (6)(a) A modification to the manner in which a proposed drug take-back program will provide the public outreach and education described in subsection (2)(h) of this section is not subject to the requirements of ORS 459A.212 if the modification is in response to federal, state or local regulatory changes, or to changes in industry best practices that are made in good faith to improve the quality and outcomes of the outreach and education.

      (b) A modification to the transporters and waste disposal facilities described in subsection (2)(j) of this section is not subject to ORS 459A.212 if the modification is made in response to federal, state or local regulatory changes, or to changes in industry best practices or contractors that are made in good faith and do not knowingly have a negative impact on the efficacy of the plan.

      (7)(a) Not later than 90 days after receiving a plan under subsection (1) of this section, the department shall either approve or reject the plan. If the department rejects the plan, the department shall provide the reason or reasons for the rejection.

      (b) Not later than 60 days after the department rejects a plan under paragraph (a) of this subsection, a program operator must submit to the department a revised plan for participating in a drug take-back program. Not later than 90 days after receiving a revised plan under this paragraph, the department shall either approve or reject the revised plan. If the department rejects the revised plan, the department shall provide the reason or reasons for the rejection.

      (c) If the department rejects a revised plan under paragraph (b) of this subsection, the department may:

      (A) Require the program operator to further revise the plan in accordance with the processes set forth in paragraph (b) of this subsection; or

      (B) Impose a penalty on each covered manufacturer participating in the proposed drug take-back program as described in ORS 459A.239.

      (d) Not later than four years after the department approves a plan under paragraph (a) of this subsection, a program operator must submit to the department an updated plan for the continued operation of a drug take-back program, in which the program operator describes any substantive changes to the drug take-back program that involve an element required under subsection (2) of this section. An updated plan is subject to the approval processes set forth in this subsection.

      (8) The department shall make each plan submitted under subsection (1) of this section and each revised or updated plan submitted under subsection (7) of this section available to the public.

      (9) As used in this section, “population center” means a city or town and the unincorporated area of the county that is within a 10-mile radius from the center of the city or town. [2019 c.659 §4]

 

      Note: See note under 459A.200.

 

      459A.212 Changes to program; preapproval; notification; rules. (1) In a form and manner prescribed by the Department of Environmental Quality, except as provided in subsection (3) of this section, a program operator must request preapproval from the department for any change to a drug take-back program that substantively alters the drug take-back program. A program operator must make a request under this subsection not later than 30 days before the change is to occur. For purposes of this subsection, the following types of changes substantively alter a drug take-back program:

      (a) Changes involving methods used to collect covered drugs;

      (b) Changes involving methods used to dispose of covered drugs;

      (c) Changes to the policies and procedures for handling and disposing of covered drugs;

      (d) Changes to the policies and procedures for securing patient information that may be printed on the packaging of a covered drug;

      (e) Changes involving methods used to foster public awareness of the proposed drug take-back program;

      (f) Changes to drop-off sites that do not meet the requirements of ORS 459A.209 (2)(i);

      (g) Changes in the location of a drop-off site; and

      (h) Changes to the location or schedule of a collection event held pursuant to ORS 459A.221.

      (2) The department shall approve or reject a request submitted pursuant to subsection (1) of this section within 30 days of receiving the request. If the department does not approve or reject the request, and provide written notice to the program operator of the department’s decision within 30 days of the date on which the department received the request, the proposed change shall be considered approved.

      (3)(a) If a program operator intends to make a proposed change to a drug take-back program but, for good cause as determined by the department, is unable to make a request 30 days before the proposed change is to occur as required under subsection (1) of this section, the program operator shall notify the department of the proposed change as far in advance of the proposed change as practicable. Upon receipt of notice described in this subsection, the department shall consult with the program operator regarding the proposed change. Not later than seven business days after receiving the notice, the department may temporarily approve the proposed change.

      (b) The Environmental Quality Commission may adopt rules to carry out this subsection.

      (4) In a form and manner prescribed by the department, a program operator must notify the department:

      (a) Not later than 30 days after the change occurs of any change to the contact information for the program operator.

      (b) Not later than 60 days after the change occurs, of any change involving:

      (A) Which covered manufacturers are participating in the drug take-back program;

      (B) The contact information for a covered manufacturer participating in the drug take-back program; or

      (C) The ownership of a covered manufacturer participating in the drug take-back program. [2019 c.659 §5]

 

      Note: See note under 459A.200.

 

      459A.215 Authorized collectors; rules. (1) Before submitting to the Department of Environmental Quality a plan under ORS 459A.209 (1), a program operator must:

      (a) Solicit potential authorized collectors for the purpose of collecting covered drugs under the drug take-back program; and

      (b) Enter into agreements with all willing authorized collectors for the purpose of collecting covered drugs under the drug take-back program.

      (2) An agreement entered into under this section must require an authorized collector to comply with all state laws and rules and federal laws and regulations governing the keeping of covered drugs, as identified by the State Board of Pharmacy by rule.

      (3) In approving plans and updated plans under ORS 459A.209, and in preapproving changes under ORS 459A.212, the department shall, insofar as is practicable, ensure that each resident of this state has adequate access to a drop-off site. [2019 c.659 §6]

 

      Note: See note under 459A.200.

 

      459A.218 Drop-off sites; rules. (1) The system by which a program operator collects covered drugs under a drug take-back program must be safe and secure to use on an ongoing basis.

      (2) For purposes of a drug take-back program:

      (a) A drop-off site must be available for use during the normal business hours of the authorized collector;

      (b) A drop-off site must use a secure repository in compliance with all state laws and rules and federal laws and regulations governing the keeping of covered drugs in repositories, as identified by the State Board of Pharmacy by rule;

      (c) The program operator must:

      (A) Ensure that each secure repository is serviced as often as necessary to avoid reaching capacity;

      (B) Ensure that collected covered drugs are transported to a location described in ORS 459A.224 in a timely manner; and

      (C) Provide a method for the authorized collector to notify the program operator of the need for additional collections at the drop-off site;

      (d) A sign must be affixed to the secure repository used at a drop-off site that prominently displays a toll-free telephone number and a website address that a covered entity may use to provide feedback to the program operator about the drug take-back program;

      (e) Except as provided in paragraph (f) of this subsection, a drop-off site must accept all covered drugs from covered entities; and

      (f) If a drop-off site is located at a long-term care facility, as defined in ORS 442.015, and allowed under applicable federal regulations, only individuals who reside, or have resided, at the long-term care facility may use the drop-off site.

      (3) A drug take-back program that is unable to establish and maintain a sufficient number of drop-off sites in order to meet the requirements of the plan submitted under ORS 459A.209 shall provide additional services, such as mail-back services, and hold collection events to ensure the convenient service described in the plan submitted under ORS 459A.209, subject to approval by the Department of Environmental Quality. [2019 c.659 §7]

 

      Note: See note under 459A.200.

 

      459A.221 Covered drug collection events. If a drug take-back program provides for the periodic collection of covered drugs through collection events, the collection events must be conducted:

      (1) In accordance with the applicable regulations and protocols of the Drug Enforcement Administration of the United States Department of Justice; and

      (2) In coordination with the local solid waste management officials who have jurisdiction over the impacted area. [2019 c.659 §8]

 

      Note: See note under 459A.200.

 

      459A.224 Disposal of covered drugs. Covered drugs must be disposed of:

      (1) At a hazardous waste disposal facility that meets the requirements of 40 C.F.R. parts 264 and 265, as in effect on September 29, 2019;

      (2) At a municipal solid waste incinerator that is permitted to accept pharmaceutical waste; or

      (3) At a hospital, medical and infectious waste incinerator:

      (a) That is subject to and meets the requirements of:

      (A) 40 C.F.R. part 62, subpart HHH, as in effect on May 16, 2023; or

      (B) 40 C.F.R. part 60, subpart Ec, as in effect on May 16, 2023; or

      (b) That is covered by a state or tribal plan for existing hospital, medical and infectious waste incinerators approved by the federal Environmental Protection Agency. [2019 c.659 §9; 2023 c.91 §1]

 

      Note: See note under 459A.200.

 

      459A.227 Public awareness. (1) A program operator must promote, and provide public outreach and education about, the safe and secure collection of covered drugs under the drug take-back program through the use of a website and written materials provided at the time a covered drug is delivered to a covered entity, and through the use of any signage, advertising or other means of fostering public awareness. At a minimum, a program operator must:

      (a) Promote the safe and secure storage of covered drugs by covered entities;

      (b) Disseminate information on the inherent risks of improperly storing or disposing of opioids or opiates and other covered drugs;

      (c) Discourage the disposal of covered drugs in the garbage or sewer system;

      (d) Promote the disposal of covered drugs through the use of the drug take-back program;

      (e) Establish a toll-free telephone number and a website address that a covered entity may use to contact the program operator about the drug take-back program;

      (f) Publicize information on the location of drop-off sites, collection processes and any collection events;

      (g) Work with authorized collectors to develop a readily recognizable and consistent design for repositories to be used at drop-off sites and to develop clear, standardized instructions to covered entities on how to use those repositories; and

      (h) Conduct a biennial survey of covered entities and of pharmacists and health care providers who interact with covered entities.

      (2) For purposes of conducting a survey under subsection (1)(h) of this section:

      (a) In a form and manner prescribed by the Department of Environmental Quality, a program operator must submit proposed survey questions to the department for preapproval.

      (b) Surveys must:

      (A) Measure public awareness of the drug take-back program;

      (B) Assess the extent to which drop-off sites, mail-back service and collection events are convenient and easy to use; and

      (C) Assess knowledge of and attitudes toward the risks posed by improperly storing covered drugs and improperly discarding or abandoning covered drugs.

      (3) A program operator shall coordinate with other program operators under this section to ensure that covered entities can easily identify, understand and access the services provided by all drug take-back programs that are operational in this state. At a minimum, all of the drug take-back programs that are operational in this state must provide a single toll-free telephone number and a single website address that a covered entity may use to contact program operators about the drug take-back programs and to acquire information about the location of the drop-off sites and the collection processes of the drug take-back programs.

      (4) Upon request by a covered entity, a retail drug outlet, hospital with an on-site pharmacy or health care clinic with an on-site pharmacy must provide a covered entity with written materials provided by a program operator for the purpose of promoting the safe and secure collection of covered drugs at the time that a covered drug is delivered to a covered entity. [2019 c.659 §10]

 

      Note: See note under 459A.200.

 

      459A.230 Annual report. (1) In a form and manner prescribed by the Department of Environmental Quality, a program operator must submit to the department an annual report on the development, implementation and operation of the drug take-back program that includes:

      (a) A list of covered manufacturers participating in the drug take-back program;

      (b) The total amount, by weight, of drugs collected under the drug take-back program;

      (c) The amount, by weight, of drugs collected under each method of collecting drugs under the drug take-back program;

      (d) The address of each drop-off site used under the drug take-back program;

      (e) The total amount, by weight, of drugs collected at each drop-off site, presented in a manner that assists the department in determining the rate of use of each drop-off site;

      (f) The date and location of each collection event held pursuant to ORS 459A.221;

      (g) The method or methods used to transport drugs collected under the drug take-back program;

      (h) The disposal technologies or processes used pursuant to ORS 459A.224 and which facilities or incinerators were used;

      (i) The total amount, by weight, of drugs disposed of by each method, presented in a manner that allows the department to conduct an audit to verify the information;

      (j) Whether any safety or security problems occurred during the collection, transportation or disposal of drugs and, if a problem occurred, a summary of the occurrence and possible resolutions;

      (k) A summary of the drug take-back program’s compliance with ORS 459A.227;

      (L) A summary of the annual expenditures of the drug take-back program, aggregated by category;

      (m) Whether service was provided in compliance with the program operator’s description pursuant to ORS 459A.209 (2)(i) and whether the public awareness goals have been met, including a summary of strategies and surveys used, and copies of any promotional materials developed by, the drug take-back program; and

      (n) An attestation that all covered drugs collected under the drug take-back program were disposed of in compliance with applicable laws, rules and regulations.

      (2) The department shall review reports submitted under this section and approve those that comport with the requirements of this section. If the department does not approve a report under this subsection, the department shall provide the program operator with written notice of revisions necessary for approval and the timeline for resubmittal.

      (3) The department shall publish approved reports submitted under this section on a website of the department. [2019 c.659 §11]

 

      Note: See note under 459A.200.

 

      459A.233 Costs of participation in drug take-back program. Each covered manufacturer or group of covered manufacturers must pay all costs associated with participating in a drug take-back program. A program operator or authorized collector may not impose a charge, including any charge imposed at the time that a covered drug is sold to or collected from a covered entity, against covered entities for the purpose of recouping the costs of a drug take-back program. [2019 c.659 §12]

 

      Note: See note under 459A.200.

 

      459A.236 Inspection and audit. The Department of Environmental Quality shall ensure compliance with ORS 459A.200 to 459A.266 by:

      (1) Entering into an agreement with the State Board of Pharmacy whereby the board, during routine inspections of retail drug outlets:

      (a) Inspects drop-off sites located at retail drug outlets; and

      (b) Informs the department of drop-off sites that are not in compliance with ORS 459A.200 to 459A.266;

      (2) Inspecting drop-off sites not located at retail drug outlets; and

      (3) Auditing the records of program operators. [2019 c.659 §13]

 

      Note: See note under 459A.200.

 

      459A.239 Enforcement; civil penalties. (1)(a) The Environmental Quality Commission shall send notice to a covered manufacturer if the covered manufacturer fails to participate in a drug take-back program as required by ORS 459A.200 to 459A.266. Notice sent under this subsection must explain the possible penalties that may be incurred by the covered manufacturer for committing the violation.

      (b) If, 30 days after the date on which the commission sent notice under paragraph (a) of this subsection, the covered manufacturer continues to sell drugs within this state without participating in a drug take-back program, the commission may impose a civil penalty against the covered manufacturer for an amount that does not exceed $10,000 for each day, beginning on the 31st day, that the covered manufacturer commits the violation.

      (2)(a) The commission shall send notice to a program operator, and any covered manufacturers that participate in the program operator’s drug take-back program, if the commission determines that the program operator’s drug take-back program is not in compliance with ORS 459A.200 to 459A.266. Notice sent under this subsection must explain the possible penalties that may be incurred by the program operator for committing the violation.

      (b) If a drug take-back program continues to be out of compliance with ORS 459A.200 to 459A.266 30 days after the date on which the commission sent notice under paragraph (a) of this subsection, the commission may:

      (A) Impose a civil penalty against the program operator, and each covered manufacturer described in paragraph (a) of this subsection, for an amount that does not exceed $1,000 for each entity per day, beginning on the 31st day, that the program operator commits the violation; and

      (B) If the commission determines that the violation presents a risk to public health and safety, suspend, in whole or in part, operation of the drug take-back program.

      (3) Civil penalties imposed under this section are joint and several obligations of the program operator and each covered manufacturer that participates in the program operator’s drug take-back program.

      (4) The commission shall deposit moneys collected through the imposition of civil penalties under this section into the Secure Drug Take-Back Account established under ORS 459A.245. [2019 c.659 §14]

 

      Note: See note under 459A.200.

 

      459A.242 Fees. (1) The Department of Environmental Quality shall establish the following fees for the purpose of paying the costs of administering ORS 459A.200 to 459A.266:

      (a) A one-time fee for reviewing a drug take-back program plan submitted under ORS 459A.209.

      (b) An annual fee for expenses associated with the ongoing costs of administering ORS 459A.200 to 459A.266.

      (c) An hourly fee for any other work that the department must do on behalf of a drug take-back program.

      (2) If a drug take-back program has more than one program operator, each program operator is subject to the fees established under subsection (1) of this section.

      (3) Fees established under subsection (1) of this section must be reasonably calculated to cover the costs of administering ORS 459A.200 to 459A.266.

      (4) The department shall deposit fee moneys collected pursuant to this section into the Secure Drug Take-Back Account established under ORS 459A.245. [2019 c.659 §15]

 

      Note: See note under 459A.200.

 

      459A.245 Secure Drug Take-Back Account. (1) The Secure Drug Take-Back Account is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. All moneys in the account are continuously appropriated to the Department of Environmental Quality for purposes of administering ORS 459A.200 to 459A.266.

      (2) The account shall consist of all moneys deposited into or credited to the account, including:

      (a) Moneys collected under and deposited into the account pursuant to ORS 459A.239 and 459A.242; and

      (b) Moneys appropriated or transferred to the account by the Legislative Assembly. [2019 c.659 §16]

 

      Note: See note under 459A.200.

 

      459A.248 Liability. An authorized collector, covered manufacturer, drug take-back organization, drug take-back program and program operator may not be held criminally or civilly liable for any function, duty or power performed for the purpose of complying with ORS 459A.200 to 459A.266, unless the function, duty or power was performed with gross negligence or willful and wanton misconduct. [2019 c.659 §17]

 

      Note: See note under 459A.200.

 

      459A.251 Application of antitrust laws. The Legislative Assembly declares that program operators providing covered entities with drug take-back program services, including the safe and secure collection, transportation and disposal of covered drugs, is in the best interests of the public. Therefore, the Legislative Assembly declares its intent that participating in drug take-back programs as required by ORS 459A.200 to 459A.266 shall be exempt from state antitrust laws. The Legislative Assembly further declares its intent to provide immunity for participating in drug take-back programs as required by ORS 459A.200 to 459A.266 from federal antitrust laws. This section does not authorize any person to engage in activities or to conspire to engage in activities that constitute per se violations of state or federal antitrust laws that are not authorized under ORS 459A.200 to 459A.266. [2019 c.659 §18]

 

      Note: See note under 459A.200.

 

      459A.254 Confidentiality. Any proprietary information or any financial, manufacturing or sales information or data that the Department of Environmental Quality receives from a covered manufacturer or drug take-back organization under ORS 459A.200 to 459A.266 is confidential and not subject to public disclosure under ORS 192.311 to 192.478, except that the department may disclose summarized information or aggregated data if the information or data does not directly or indirectly identify the proprietary information or the financial, manufacturing or sales information or data of a specific covered manufacturer or drug take-back organization. [2019 c.659 §19]

 

      Note: See note under 459A.200.

 

      459A.257 Nonapplicability of Uniform Controlled Substances Act. The provisions of the Uniform Controlled Substances Act do not apply to a program operator or authorized collector, insofar as the program operator is collecting, transporting and disposing of covered drugs pursuant to ORS 459A.200 to 459A.266. [2019 c.659 §20]

 

      Note: See note under 459A.200.

 

      459A.260 State preemption of local laws. Except as expressly authorized by state law, ORS 459A.200 to 459A.266 supersede and preempt any ordinance or other regulation enacted before, on or after September 29, 2019, by the governing body of a city, county or other political subdivision of this state that establishes or requires a program for the collection, by or on behalf of covered manufacturers, of:

      (1) Biologics;

      (2) Covered drugs;

      (3) Drugs for which a covered manufacturer administers a drug take-back program as part of a risk evaluation and mitigation strategy under the oversight of the federal Food and Drug Administration;

      (4) Drugs that are used for animal medicines, including but not limited to parasiticide drugs for animals;

      (5) Drugs administered in a clinical setting; or

      (6) Dialysis concentrates and solutions used for kidney dialysis in a patient’s home. [2019 c.659 §21]

 

      Note: See note under 459A.200.

 

      459A.263 Interagency agreements. The Department of Environmental Quality may enter into agreements with other state agencies for purposes including covering costs incurred in the administration of ORS 459A.200 to 459A.266. [2019 c.659 §22]

 

      Note: See note under 459A.200.

 

      459A.266 Rules. The Environmental Quality Commission shall adopt any rules necessary for the effective administration of ORS 459A.200 to 459A.266. Upon request, the State Board of Pharmacy shall assist the commission in adopting rules under this section. [2019 c.659 §23]

 

      Note: See note under 459A.200.

 

      Note: Section 26 (3), chapter 659, Oregon Laws 2019, provides:

      Sec. 26. (3) A manufacturer that becomes a covered manufacturer after January 1, 2020, shall, not more than six months after the date on which the manufacturer becomes a covered manufacturer, participate in a drug take-back program in compliance with section 2 of this 2019 Act [459A.203]. [2019 c.659 §26(3)]

 

SPECIFIC RECYCLING REQUIREMENTS

 

(Electronic Devices)

 

      459A.300 Legislative findings. The Legislative Assembly finds that:

      (1) It is necessary to encourage the design of electronic devices that are more resource-efficient, more recyclable and less environmentally toxic;

      (2) The development and availability of a statewide system that conveniently serves both urban and rural areas of Oregon for the collection, transportation and recycling of electronic devices is in the best interest of the state; and

      (3) A statewide collection, transportation and recycling system should be financed by the manufacturers of those electronic devices. [2007 c.302 §1]

 

      Note: 459A.300 to 459A.365 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 459A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      459A.305 Definitions for ORS 459A.305 to 459A.355. As used in ORS 459A.305 to 459A.355:

      (1) “Brand” means a name, symbols, words or marks that identify a covered electronic device, rather than any of its components, and attribute the device to the owner of the brand as the manufacturer.

      (2) “Collector” means an entity that collects covered electronic devices as part of a manufacturer program or the state contractor program.

      (3) “Computer peripheral” means:

      (a) A keyboard or mouse sold exclusively for external use with a computer as a wireless or corded device that provides input into, or output from, a computer; or

      (b) Cords used with a keyboard or mouse described in paragraph (a) of this subsection.

      (4)(a) “Covered electronic device” means:

      (A) A computer monitor of any type having a viewable area greater than four inches measured diagonally;

      (B) A desktop computer or portable computer;

      (C) A television;

      (D) A computer peripheral; or

      (E) A printer.

      (b) “Covered electronic device” does not include:

      (A) Any part of a motor vehicle;

      (B) Any part of a larger piece of equipment designed and intended for use in an industrial, commercial or medical setting, such as diagnostic, monitoring or control equipment;

      (C) Telephones or personal digital assistants of any type unless the telephone or personal digital assistant contains a viewable area greater than four inches measured diagonally; or

      (D) Any part of a clothes washer, clothes dryer, refrigerator, freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier or air purifier.

      (5) “Covered entity” means any Oregon household, a business that employs 10 or fewer individuals, a not-for-profit organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code that employs 10 or fewer individuals, or any person giving seven or fewer covered electronic devices to a collector at any one time.

      (6) “Environmentally sound management practices” means practices that comply with all applicable laws, including but not limited to adequate record keeping, tracking the fate of recycled materials, performance audits and inspections, provisions for reuse and refurbishment, compliance with worker health and safety requirements, maintaining liability insurance and financial assurances and practices that may be adopted by rule by the Environmental Quality Commission.

      (7)(a) “Manufacturer” means any person, irrespective of the selling technique used, including by means of remote sale:

      (A) That manufactures covered electronic devices under a brand that it owns or is licensed to use;

      (B) That sells covered electronic devices manufactured by others under a brand that the seller owns;

      (C) That manufactures covered electronic devices without affixing a brand;

      (D) That manufactures covered electronic devices to which it affixes a brand that it does not own; or

      (E) On whose account covered electronic devices manufactured outside the United States are imported into the United States. This subparagraph does not apply if, at the time the covered electronic devices are imported into the United States, another person is registered as the manufacturer of the brand of the covered electronic devices.

      (b) “Manufacturer” does not include a person:

      (A) With a license to manufacture covered electronic devices for delivery exclusively to or at the order of the licenser.

      (B) That manufactures only computer peripherals and no other covered electronic devices.

      (8) “Manufacturer program” means a statewide plan for collecting, transporting and recycling covered electronic devices that is provided by a single manufacturer or group of manufacturers pursuant to ORS 459A.320.

      (9) “Nontelevision device” means a device described in subsection (4)(a)(A), (B), (D) or (E) of this section.

      (10) “Nontelevision market share” means a manufacturer’s percentage of all registered covered electronic devices except those described in subsection (4)(a)(C) of this section that are sold in this state during a specified time period.

      (11) “Orphan device” means a covered electronic device for which no manufacturer can be identified.

      (12) “Person” means the United States, the state or a public or private corporation, local government unit, public agency, individual, partnership, association, firm, trust, estate or other legal entity.

      (13) “Portable computer” means any of the following that has a viewable area greater than four inches measured diagonally and that can be carried as one unit by an individual:

      (a) A laptop computer;

      (b) A notebook computer; or

      (c) A notepad computer.

      (14) “Premium service” means services such as at-location system upgrade services and at-home pickup services, including curbside pickup service.

      (15)(a) “Printer” means a device that:

      (A) Is used to make reproductions, or is multifunctional and performs one or more operations such as scanning or faxing in addition to making reproductions;

      (B) Is designed to be placed on a desk or other work surface and may include an optional floor stand; and

      (C) Uses print technology such as laser, electrographic, ink jet, dot matrix, thermal or digital sublimation.

      (b) “Printer” does not include a device used to make reproductions that:

      (A) Is floor-standing;

      (B) Is a point of sale receipt printer;

      (C) Is also a calculator;

      (D) Can also make labels; or

      (E) Is embedded in something other than a covered electronic device.

      (16)(a) “Recycling” means:

      (A) Processing through disassembling, dismantling, shredding, transforming or remanufacturing covered electronic devices, components and by-products into usable or marketable raw materials or products in a manner such that the original products may lose their identity; or

      (B) Smelting materials from components removed from covered electronic devices to recover metals for reuse in conformance with applicable laws and rules.

      (b) “Recycling” does not include:

      (A) Landfill disposal or incineration of covered electronic devices; or

      (B) Energy recovery or energy generation by means of combusting covered electronic devices, components and by-products with or without other waste.

      (17) “Recycling credit” means a credit granted to a manufacturer program or a state contractor program for the collection, transport and recycling of covered electronic devices in an amount that exceeds the program’s return share by weight for a calendar year.

      (18) “Retailer” means a person that offers new covered electronic devices for sale at retail through any means, including but not limited to remote offerings such as sales outlets, catalogs or the Internet.

      (19) “Return share” means the minimum percentage of covered electronic devices that an individual manufacturer is responsible for collecting, transporting and recycling.

      (20) “Return share by weight” means the minimum total weight of covered electronic devices that an individual manufacturer is responsible for collecting, transporting and recycling.

      (21)(a) “Sell” or “sale” means any transfer of title for consideration, including but not limited to remote sales conducted through sales outlets, catalogs or the Internet, or any other similar electronic means.

      (b) “Sell” or “sale” does not include leases.

      (22) “State contractor program” means a statewide program for collecting, transporting and recycling covered electronic devices that is provided by the Department of Environmental Quality for manufacturers who pay a recycling fee to the department pursuant to ORS 459A.325.

      (23) “Television” means a television of any type having a viewable area greater than four inches measured diagonally.

      (24) “Television market share” means a manufacturer’s percentage of the registered covered electronic devices described in subsection (4)(a)(C) of this section that are sold in this state during a specified time period. [2007 c.302 §2; 2011 c.548 §§3,4; 2019 c.212 §1]

 

      Note: The amendments to 459A.305 by section 1, chapter 259, Oregon Laws 2023, become operative January 1, 2026, and apply to electronics producer responsibility program plans submitted to the Department of Environmental Quality pursuant to section 21, chapter 259, Oregon Laws 2023. See sections 20 and 21, chapter 259, Oregon Laws 2023. The text that is operative on and after January 1, 2026, is set forth for the user’s convenience.

      459A.305. As used in ORS 459A.305 to 459A.355:

      (1) “Brand” means a name, symbols, words or marks that identify a covered electronic device, rather than any of its components, and attribute the device to the owner of the brand as the manufacturer.

      (2) “Collector” means an entity that collects covered electronic devices as part of an electronics producer responsibility program.

      (3) “Coordinating body” means an entity designated by multiple electronics producer responsibility organizations, or the Department of Environmental Quality, to coordinate activities between the electronics producer responsibility organizations to meet the requirements of ORS 459A.305 to 459A.355.

      (4)(a) “Covered electronic device” means:

      (A) A computer monitor of any type having a viewable area greater than four inches measured diagonally;

      (B) A desktop computer or portable computer;

      (C) A television;

      (D) A peripheral;

      (E) A printer;

      (F) A facsimile machine;

      (G) A videocassette recorder;

      (H) A portable digital music player that has memory capability and is battery powered;

      (I) A digital video disc player;

      (J) A digital video disc recorder;

      (K) A video game console;

      (L) A digital converter box;

      (M) A cable receiver;

      (N) A satellite receiver;

      (O) A scanner;

      (P) A small-scale server;

      (Q) A router; or

      (R) A modem.

      (b) “Covered electronic device” does not include:

      (A) Any part of a motor vehicle;

      (B) Any part of a larger piece of equipment designed and intended for use in an industrial, commercial or medical setting, such as diagnostic, monitoring or control equipment;

      (C) Telephones of any type; or

      (D) Any part of a clothes washer, clothes dryer, refrigerator, freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier or air purifier.

      (5) “Covered entity” means any Oregon household, a business that employs 10 or fewer individuals, a nonprofit organization that employs 10 or fewer individuals, or any person giving seven or fewer covered electronic devices to a collector at any one time.

      (6) “Electronics producer responsibility organization” means an organization that represents at least five percent of all manufacturer obligations, designated by a manufacturer or group of manufacturers to act as an agent of the manufacturer or group of manufacturers for the purpose of developing and implementing an electronics producer responsibility program on behalf of the manufacturer or group of manufacturers, as required by ORS 459A.305 to 459A.355.

      (7) “Electronics producer responsibility program” means a statewide program for collecting, transporting and recycling covered electronic devices that is implemented by an electronics producer responsibility organization pursuant to a plan approved by the department under ORS 459A.321.

      (8) “Environmentally sound management practices” means practices that comply with all applicable laws, including but not limited to adequate record keeping, tracking the fate of recycled materials, performance audits and inspections, provisions for reuse and refurbishment, compliance with worker health and safety requirements, maintaining liability insurance and financial assurances and practices that may be adopted by rule by the Environmental Quality Commission.

      (9)(a) “Manufacturer” means any person, irrespective of the selling technique used, including by means of remote sale:

      (A) That manufactures covered electronic devices under a brand that it owns or is licensed to use;

      (B) That sells covered electronic devices manufactured by others under a brand that the seller owns;

      (C) That manufactures covered electronic devices without affixing a brand;

      (D) That manufactures covered electronic devices to which it affixes a brand that it does not own; or

      (E) On whose account covered electronic devices manufactured outside the United States are imported into the United States. This subparagraph does not apply if, at the time the covered electronic devices are imported into the United States, another person is registered as the manufacturer of the brand of the covered electronic devices.

      (b) “Manufacturer” does not include a person:

      (A) With a license to manufacture covered electronic devices for delivery exclusively to or at the order of the licenser.

      (B) That manufactures only peripherals and no other covered electronic devices.

      (10) “Manufacturer obligation” means a manufacturer’s percentage of the total obligation of all manufacturers of covered electronic devices, as calculated under ORS 459A.323.

      (11) “Market share” means a manufacturer’s percentage of all registered covered electronic devices by weight sold within a product category during a specified time period.

      (12) “Nonprofit organization” means an organization or group of organizations described in section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under section 501(a) of the Internal Revenue Code.

      (13) “Peripheral” means:

      (a) A keyboard, mouse or other device sold exclusively for external use with a covered electronic device as a wireless or corded device that provides input into, or output from, a covered electronic device;

      (b) Cords used with a keyboard, mouse or other device described in paragraph (a) of this subsection; or

      (c) Other devices or equipment sold for use with a covered electronic device, as further defined by the commission by rule.

      (14) “Person” means the United States, the state or a public or private corporation, local government unit, public agency, individual, partnership, association, firm, trust, estate or other legal entity.

      (15) “Portable computer” means any of the following that has a viewable area greater than four inches measured diagonally and that can be carried as one unit by an individual:

      (a) A laptop computer;

      (b) A notebook computer; or

      (c) A notepad computer.

      (16) “Premium service” means services such as at-location system upgrade services and at-home pickup services, including curbside pickup service.

      (17)(a) “Printer” means a device that:

      (A) Is used to make reproductions, or is multifunctional and performs one or more operations such as scanning or faxing in addition to making reproductions;

      (B) Is designed to be placed on a desk or other work surface and may include an optional floor stand; and

      (C) Uses print technology such as laser, electrographic, ink jet, dot matrix, thermal or digital sublimation.

      (b) “Printer” does not include a device used to make reproductions that:

      (A) Is floor-standing;

      (B) Is a point of sale receipt printer;

      (C) Is also a calculator;

      (D) Can also make labels; or

      (E) Is embedded in something other than a covered electronic device.

      (18) “Product category” means a grouping of covered electronic devices, as further described by the commission by rule, for purposes of sorting covered electronic devices at collection and calculating market share.

      (19)(a) “Recycling” means:

      (A) Processing through disassembling, dismantling, shredding, transforming or remanufacturing covered electronic devices, components and by-products into usable or marketable raw materials or products in a manner such that the original products may lose their identity; or

      (B) Smelting materials from components removed from covered electronic devices to recover metals for reuse in conformance with applicable laws and rules.

      (b) “Recycling” does not include:

      (A) Landfill disposal or incineration of covered electronic devices; or

      (B) Energy recovery or energy generation by means of combusting covered electronic devices, components and by-products with or without other waste.

      (20) “Retailer” means a person that offers new covered electronic devices for sale at retail through any means, including but not limited to remote offerings such as sales outlets, catalogs or the Internet.

      (21)(a) “Sell” or “sale” means any transfer of title for consideration, including but not limited to remote sales conducted through sales outlets, catalogs or the Internet, or any other similar electronic means.

      (b) “Sell” or “sale” does not include leases.

      (22) “Television” means a television of any type having a viewable area greater than four inches measured diagonally.

 

      Note: See note under 459A.300.

 

      459A.310 Applicability to manufacturers; applicability to reused or refurbished covered electronic devices; requirements for sale of covered electronic devices by manufacturers. (1) ORS 459A.305 to 459A.355 apply to all manufacturers engaging in the activities set forth in ORS 459A.305 (7) before, on or after June 7, 2007.

      (2) ORS 459A.305 to 459A.355 do not apply to reused or refurbished covered electronic devices.

      (3) A manufacturer may not sell or offer for sale any covered electronic device, except for computer peripherals, in or for delivery in this state unless:

      (a) The covered electronic device is labeled with a brand and the label is permanently affixed and readily visible; and

      (b) The brand is included in the plan that is filed with the Department of Environmental Quality pursuant to ORS 459A.320. [2007 c.302 §3; 2011 c.548 §9]

 

      Note: The amendments to 459A.310 by section 2, chapter 259, Oregon Laws 2023, become operative January 1, 2026. See section 20, chapter 259, Oregon Laws 2023. The text that is operative on and after January 1, 2026, is set forth for the user’s convenience.

      459A.310. (1) ORS 459A.305 to 459A.355 apply to all manufacturers engaging in the activities set forth in ORS 459A.305 (9) before, on or after June 7, 2007.

      (2) ORS 459A.305 to 459A.355 do not apply to reused or refurbished covered electronic devices.

      (3) A manufacturer may not sell or offer for sale any covered electronic device, except for peripherals, in or for delivery in this state unless:

      (a) Except as provided in subsection (4) of this section, the manufacturer participates in an electronics producer responsibility program that complies with the requirements of ORS 459A.305 to 459A.355;

      (b) The covered electronic device is labeled with a brand and the label is permanently affixed and readily visible; and

      (c) The brand is included in a plan that is approved by the Department of Environmental Quality pursuant to ORS 459A.321.

      (4) A manufacturer is not required to participate in an electronics producer responsibility program for a given year if the manufacturer provides proof to the department’s satisfaction that the manufacturer sold fewer than 50 covered electronic devices in this state during the previous year.

      (5) The failure of an electronics producer responsibility organization to satisfy any of the responsibilities delegated to it by a manufacturer for developing and implementing an electronics producer responsibility program does not relieve the manufacturer of the manufacturer’s responsibility to satisfy the requirements of ORS 459A.305 to 459A.355.

 

      Note: See note under 459A.300.

 

      459A.315 Registration by manufacturer; fees. (1) Before January 1 of each year, a manufacturer of covered electronic devices sold or offered for sale in this state shall register with the Department of Environmental Quality, for a period to cover the upcoming calendar year, on a form provided by the department. The registration shall include:

      (a) A list of all the brands manufactured, sold or imported by the manufacturer, including:

      (A) Those brands being offered for sale in this state by the manufacturer; and

      (B) Those brands that were offered for sale in this state by the manufacturer during the previous calendar year.

      (b) A statement of whether the manufacturer will be implementing a manufacturer program or utilizing the state contractor program for recycling covered electronic devices.

      (c) Any other information required by the department to implement ORS 459A.305 to 459A.355.

      (2)(a) Not later than July 1 of each year, a manufacturer of covered electronic devices sold or offered for sale in this state shall pay an annual registration fee to the department.

      (b) For calendar years 2008 through 2011, the manufacturer registration fee shall be:

      (A) $15,000 for manufacturers selling more than one percent of the total number of units of covered electronic devices sold in this state the previous calendar year.

      (B) $5,000 for manufacturers selling at least 0.1 percent but not more than one percent of the total number of units of covered electronic devices sold in this state the previous calendar year.

      (C) $200 for manufacturers selling at least 0.01 percent but less than 0.1 percent of the total number of units of covered electronic devices sold in this state the previous calendar year.

      (D) $40 for manufacturers selling less than 0.01 percent of the total number of units of covered electronic devices sold in this state the previous calendar year.

      (c) For calendar years 2012 and beyond, the Environmental Quality Commission may modify the registration fees under this section so that the total of registration fees collected approximately matches the department’s costs in implementing ORS 459A.305 to 459A.355, excluding costs incurred under ORS 459A.340 (4).

      (3) If a manufacturer that ceases to manufacture, sell or import a covered electronic device:

      (a) Has not registered the device with the department and the department determines that the device was sold in this state during the previous calendar year, the manufacturer shall register the device with the department and pay a registration fee of $250.

      (b) Has not registered with the department and receives notification from the department of a return share and a return share by weight, or a nontelevision market share or a television market share, the manufacturer shall register with the department within 30 days of receiving the notification and pay a registration fee of $250. [2007 c.302 §4; 2019 c.212 §2]

 

      Note: The amendments to 459A.315 by section 3, chapter 259, Oregon Laws 2023, become operative January 1, 2026. See section 20, chapter 259, Oregon Laws 2023. The text that is operative on and after January 1, 2026, is set forth for the user’s convenience.

      459A.315. Before January 1 of each year, a manufacturer of covered electronic devices sold or offered for sale in this state shall register with the Department of Environmental Quality, for a period to cover the upcoming calendar year, on a form provided by the department. The registration shall include:

      (1) A list of all the brands of covered electronic devices, not including peripherals, manufactured, sold or imported by the manufacturer, including:

      (a) Those brands being offered for sale in this state by the manufacturer; and

      (b) Those brands that were offered for sale in this state by the manufacturer during the previous calendar year.

      (2) The name of the manufacturer’s designated electronics producer responsibility organization.

      (3) Any other information required by the department to implement ORS 459A.305 to 459A.355.

 

      Note: See note under 459A.300.

 

      459A.320 Manufacturer program plan; state contractor program. (1) A manufacturer choosing to implement a manufacturer program shall submit a plan to the Department of Environmental Quality at the time of payment of the annual registration fee required under ORS 459A.315.

      (2) The manufacturer’s plan must describe how the manufacturer will:

      (a) Finance, manage and conduct a statewide program to collect covered electronic devices from covered entities in this state.

      (b) Provide for environmentally sound management practices to collect, transport and recycle covered electronic devices.

      (c) Provide for advertising and promotion of collection opportunities statewide and on a regular basis.

      (d) Include convenient service in every county in this state and at least one collection site for any city with a population of at least 10,000. A collection site for a county may be the same as a collection site for a city in the county. Collection sites shall be staffed and open to the public at a frequency adequate to meet the needs of the area being served. A program may provide collection service jointly with another program.

      (3) A manufacturer choosing to implement a manufacturer program shall:

      (a) Meet or exceed the requirements for collection sites described in subsection (2) of this section.

      (b) Provide for collection, transportation and recycling of covered electronic devices for covered entities free of charge, except that a manufacturer that provides premium service for a covered entity may charge for the additional cost of that premium service.

      (c) Implement the plan required under this section.

      (d) Conduct a statistically significant sampling or actual count of the covered electronic devices, except for computer peripherals, collected and recycled by the manufacturer each calendar year using a methodology approved by the department. The manufacturer shall report the results of the sampling or count to the department at least annually or as required by the department. The sampling or count methodology must take into account information including but not limited to the device type, weight and brand of each unit sampled.

      (e) In addition to the report required by paragraph (d) of this subsection and no later than March 1 of each year, the manufacturer shall provide a report to the department that:

      (A) Includes the total weight of covered electronic devices, including orphan devices and computer peripherals, collected from covered entities in this state by the manufacturer during the previous calendar year;

      (B) Includes the total weight of each type of covered electronic device, including orphan devices and computer peripherals, collected from covered entities in this state by the manufacturer during the previous calendar year; and

      (C) Details how the plan required under this section was implemented during the previous calendar year.

      (4) A group of manufacturers may choose to implement a manufacturer program as one entity, if in doing so the manufacturers meet the sum of their individual return shares by weight under ORS 459A.340 (3) and that sum is at least five percent.

      (5) By July 1 of each year, a manufacturer that does not meet its return share by weight for the previous calendar year shall pay the department for the amount not achieved at a rate determined by the department to be equivalent to the amount the manufacturer would have paid, plus 10 percent, to be part of the state contractor program under ORS 459A.340.

      (6) A manufacturer participating in the state contractor program under ORS 459A.340 shall notify the department at the time of its registration each year.

      (7) Except as provided in subsection (4) of this section, a manufacturer with less than a five percent return share is required to participate in the state contractor program under ORS 459A.340. [2007 c.302 §5; 2007 c.302 §6; 2011 c.548 §§5,6; 2019 c.212 §3]

 

      Note: The amendments to 459A.320 by section 4, chapter 259, Oregon Laws 2023, become operative January 1, 2026, and apply to electronics producer responsibility program plans submitted to the Department of Environmental Quality pursuant to section 21, chapter 259, Oregon Laws 2023. See sections 20 and 21, chapter 259, Oregon Laws 2023. The text that is operative on and after January 1, 2026, is set forth for the user’s convenience.

      459A.320. (1) In the form and manner prescribed by the Department of Environmental Quality, an electronics producer responsibility organization must annually submit to the department a plan for implementing an electronics producer responsibility program.

      (2) The electronics producer responsibility organization’s plan must describe how the electronics producer responsibility organization will implement an electronics producer responsibility program that complies with ORS 459A.305 to 459A.355, including how the electronics producer responsibility organization will:

      (a) Finance, manage and conduct a statewide program to collect covered electronic devices from covered entities in this state.

      (b) Provide for environmentally sound management practices to collect, transport and recycle covered electronic devices.

      (c) Provide for advertising and promotion of collection opportunities statewide and on a regular basis, as described in ORS 459A.327.

      (d)(A) Provide convenient and equitable service throughout the state, including to rural areas and minority, lower-income and other historically underserved populations.

      (B) At a minimum, convenient service must include a network of collection sites distributed to ensure that 95 percent of the residents of this state are within 15 miles of a collection site, and must also include:

      (i) At least one collection site in each county;

      (ii) In each city with a population of at least 10,000 but less than 200,000, at least one collection site, plus one additional collection site for every additional 20,000 residents of the city over 10,000; and

      (iii) In each city with a population of 200,000 or greater, at least 10 collection sites, plus one additional collection site for every additional 50,000 residents of the city over 200,000.

      (C) A collection site for a county may be the same as a collection site for a city in the county. Collection sites shall be staffed and open to the public at a frequency adequate to meet the needs of the area being served. An electronics producer responsibility organization may provide collection service jointly with another electronics producer responsibility organization.

      (D) The department may waive the requirements of subparagraphs (B) and (C) of this paragraph with respect to a county or city if the proposed plan demonstrates to the department’s satisfaction that alternative services or collection sites would provide substantially equivalent collection convenience.

      (e) Ensure continuous improvement of the electronics producer responsibility program by:

      (A) Establishing and working to achieve measurable program goals for:

      (i) Collection, such as amount collected or usage rates of collection services; and

      (ii) Maintaining high public awareness of the program.

      (B) Evaluating every four years whether additional electronic devices should be included in, or existing devices be removed from, the program.

      (C) For any year for which a program goal was not met, describing, with supporting data, what changes or steps the program will undertake that can ensure the program achieves its goals in the upcoming year.

      (f) Coordinate with all other electronics producer responsibility organizations through a coordinating body in accordance with ORS 459A.323, if applicable.

      (g) Coordinate activities with recycling and reuse programs, including nonprofit organizations that refurbish technology, to further the environmentally sound management of recycling of electronics.

      (3) In addition to the information required under subsection (2) of this section, an electronics producer responsibility program plan must include:

      (a) A list of all processors that will be used by the electronics producer responsibility program;

      (b) The contact information for the electronics producer responsibility organization;

      (c) A list of all manufacturers participating in the electronics producer responsibility program; and

      (d) A list of all brands of covered electronic devices manufactured, sold or imported by each participating manufacturer, including:

      (A) Those brands being offered for sale in this state by each manufacturer; and

      (B) Those brands that were offered for sale in this state by each manufacturer during the previous year.

      (4) An electronics producer responsibility organization must:

      (a) Provide for collection, transportation and recycling of covered electronic devices for covered entities free of charge, except that an electronics producer responsibility program that provides premium service for a covered entity may charge for the additional cost of that premium service.

      (b) Implement the plan required under this section.

      (c) Provide fair financial compensation to collection sites calculated to cover the costs of collecting, storing, managing and transporting covered electronic devices.

      (d) Enter into agreements with all willing transfer stations, landfills and material recovery facilities, that are covered under a solid waste disposal permit issued by the department, to collect covered electronic devices in accordance with all applicable laws and the approved electronics producer responsibility program plan.

      (e) In the form and manner prescribed by the department, provide an annual report to the department that:

      (A) Includes the total weight of covered electronic devices, including peripherals, collected from covered entities in this state by the electronics producer responsibility program during the previous year;

      (B) Includes the total weight of each type of covered electronic device, including peripherals, collected from covered entities in this state by the electronics producer responsibility program during the previous year;

      (C) Includes a list of all collection sites and processors used by the electronics producer responsibility program;

      (D) Includes the total amount, by weight, of each type of covered electronic device collected at each collection site, or if approved by the department, a grouping of collection sites, presented in a manner that assists the department in determining the rate of use of each collection site;

      (E) Includes the results of any approved alternative methods of service in adequately meeting the needs of the applicable jurisdiction, including the date of each alternative service event and the total weight of each type of covered electronic device, including peripherals, collected at each alternative service event;

      (F) Details how the plan required under this section was implemented during the previous year, including:

      (i) A description of how the electronics producer responsibility organization complied with subsection (2)(e) of this section that includes whether goals have been met, a summary of public awareness activities and copies of public awareness materials developed by the electronics producer responsibility organization; and

      (ii) A summary of any safety or security problems that occurred during the collection, transportation or disposal of covered electronic devices and the actual or potential future resolutions of those problems; and

      (G) Includes an attestation that all covered electronic devices collected under the electronics producer responsibility program were collected and disposed of in compliance with all applicable laws, rules and regulations and in accordance with environmentally sound management standards.

      (f) Retain all records related to the implementation and administration of the electronics producer responsibility program for not less than three years from the time the record was created and make the records available for inspection and audit by the department upon request.

      (g) Provide, upon the request of the department, the contact information and a point of contact for each manufacturer participating in the electronics producer responsibility program.

      (h)(A) Allow a collection site to recover collected covered electronic devices for refurbishment and resale at retail.

      (B) An electronics producer responsibility organization may require a collection site to exclude the weight of covered electronic devices recovered for refurbishment or resale from the weight of covered electronic devices collected by the collection site for the purposes of annual reporting and determining compensation for the collection and management of covered electronic devices unless:

      (i) The collection site is a nonprofit organization that refurbishes technologies for resale and recovers the collected covered electronic device for resale at retail, which may include online retail; or

      (ii) The collection site recovers the collected covered electronic device for donation to an organization that refurbishes technologies for resale at retail, which may include online retail.

      (i)(A) Prior to removing a collection site from an electronics producer responsibility program, work with other electronics producer responsibility organizations or the coordinating body, if applicable, to determine if the collection site can be added to another electronics producer responsibility program.

      (B) If the collection site will not be added to another electronics producer responsibility program, the electronics producer responsibility organization must, 90 days prior to removing the collection site from the electronics producer responsibility program:

      (i) Provide notice to covered entities by posting notice of the removal on the program website; and

      (ii) Provide written notice to the department and all other collection sites in the same wasteshed.

      (C) The department may require the electronics producer responsibility organization to retain a collection site if the electronics producer responsibility organization does not provide notice as required under subparagraph (B) of this paragraph, unless the electronics producer responsibility organization demonstrates good cause for being unable to provide notice.

      (5) The department shall review reports submitted under subsection (4)(e) of this section, and approve those reports that the department determines satisfy the requirements of subsection (4)(e) of this section. If the department does not approve a report, the department shall provide the electronics producer responsibility organization with written notice of revisions necessary for approval and the timeline for resubmittal.

      (6) Rules adopted by the Environmental Quality Commission to implement this section may include standards for environmentally sound management practices and standards for participating collection sites.

 

      Note: See note under 459A.300.

 

      Note: Section 21 (2), chapter 259, Oregon Laws 2023, provides:

      Sec. 21. (2) An electronics producer responsibility organization that plans to implement an electronics producer responsibility program beginning January 1, 2026, must submit an electronics producer responsibility program plan to the department no later than July 1, 2025. [2023 c.259 §21(2)]

 

      459A.321 Approval of electronics producer responsibility plan. (1) The Department of Environmental Quality shall approve an electronics producer responsibility program plan as provided in this section if the department determines that the plan satisfies the requirements of ORS 459A.320.

      (2) Not later than 60 days after receiving a plan under ORS 359A.320, the department shall either approve, approve with conditions or reject the plan. If the department rejects the plan, the department shall provide the reason or reasons for the rejection. An electronics producer responsibility organization must submit a revised plan to the department no later than 45 days after the date of the rejection.

      (3) No later than 45 days after receiving a revised plan under subsection (2) of this section, the department shall either approve, approve with conditions or reject the revised plan.

      (4) If the department rejects a revised plan, the department may:

      (a) Require the electronics producer responsibility organization to further revise the plan in accordance with a timeline set forth by the department;

      (b) Direct changes to the revised plan; or

      (c) Direct the manufacturer or manufacturers on whose behalf the revised plan was submitted to register with an electronics producer responsibility organization with an approved plan.

      (5) If the department directs changes to a revised plan under subsection (4) of this section, the electronics producer responsibility organization must implement the changes or request a hearing under ORS chapter 183. [2023 c.259 §6]

 

      Note: 459A.321 becomes operative January 1, 2026, and applies to electronics producer responsibility program plans submitted to the Department of Environmental Quality pursuant to section 21, chapter 259, Oregon Laws 2023. See sections 20 and 21, chapter 259, Oregon Laws 2023.

 

      Note: See note under 459A.300.

 

      459A.322 Recycling credits; reporting; rules. (1) A manufacturer program or a state contractor program that collects, transports and recycles covered electronic devices in an amount that exceeds the program’s return share by weight for a calendar year may claim recycling credits for use in succeeding calendar years as follows:

      (a) A program may claim one recycling credit for each pound of covered electronic devices collected, transported and recycled in excess of the program’s return share by weight for a calendar year;

      (b) A program may retain all or part of its recycling credits or may sell any portion of its recycling credits to another program at a price negotiated by the parties;

      (c) A manufacturer program may use recycling credits earned or purchased to meet up to 15 percent of its return share by weight during any calendar year. One recycling credit may be used to meet one pound of return share by weight; and

      (d) By rule, the Environmental Quality Commission may change the percentage of the return share by weight specified in paragraph (c) of this subsection.

      (2) A manufacturer program must include the following information on recycling credits in its annual report to the Department of Environmental Quality required by ORS 459A.320 (3)(e):

      (a) The number of recycling credits the manufacturer program possessed at the beginning of the previous calendar year.

      (b) The total number of recycling credits the manufacturer program purchased and sold during the previous calendar year, the names of the programs from which recycling credits were purchased or to which recycling credits were sold and the number of recycling credits purchased from or sold to each program.

      (c) The number of recycling credits the manufacturer program used to meet its return share by weight for the previous calendar year.

      (d) The number of recycling credits the manufacturer program is claiming from the previous calendar year. This number is the difference between the total weight of covered electronic devices that the manufacturer program collected, transported and recycled during the previous calendar year and the program’s return share by weight for the previous calendar year. [2011 c.548 §2]

 

      Note: 459A.322 is repealed January 1, 2026. See sections 15 and 20, chapter 259, Oregon Laws 2023.

 

      Note: See note under 459A.300.

 

      459A.323 Coordinating body; manufacturer obligation. (1) If the Department of Environmental Quality approves more than one electronics producer responsibility program plan to be implemented:

      (a) The department shall set a timeline for all electronics producer responsibility organizations to designate a coordinating body. If all electronics producer responsibility organizations are unable to designate a coordinating body in accordance with the timeline set by the department, the department may either designate a coordinating body or extend the timeline for all electronics producer responsibility organizations to designate a coordinating body.

      (b) The department may require changes to an approved plan to ensure that all approved plans provide for a consistent means of enabling coordination between electronics producer responsibility organizations.

      (2) The coordinating body, or an electronics producer responsibility organization if a coordinating body is not designated under this section, shall annually calculate each manufacturer’s manufacturer obligation by:

      (a) Multiplying the manufacturer’s market share for each product category by the product category’s percentage of the total weight of all covered electronic devices recycled during the previous year; and

      (b) Adding the percentages calculated under paragraph (a) of this subsection.

      (3) The coordinating body must:

      (a) Annually reconcile the financial obligations between all electronics producer responsibility organizations based on the manufacturer obligations of the manufacturers participating in each electronics producer responsibility program; and

      (b) Conduct any other coordination between electronics producer responsibility organizations required by ORS 459A.305 to 459A.355 or as directed by the department.

      (4)(a) Each electronics producer responsibility organization must work with the coordinating body and with all other electronics producer responsibility organizations to ensure the reconciliation of financial obligations for the electronics producer responsibility programs in accordance with the manufacturer obligations calculated by the coordinating body under this section and to ensure that all coordination required under ORS 459A.305 to 459A.355 is conducted.

      (b) An electronics producer responsibility organization or a coordinating body may, after notice to the manufacturer, refer to the department any potential violations of the requirements of ORS 459A.305 to 459A.355 by the manufacturer. [2023 c.259 §7]

 

      Note: 459A.323 becomes operative January 1, 2026, and applies to electronics producer responsibility program plans submitted to the Department of Environmental Quality pursuant to section 21, chapter 259, Oregon Laws 2023. See sections 20 and 21, chapter 259, Oregon Laws 2023.

 

      Note: See note under 459A.300.

 

      459A.325 Recycling fee for manufacturer participating in state contractor program. By September 1 of each year, a manufacturer that participates in the state contractor program shall pay a recycling fee to the Department of Environmental Quality in an amount determined by the department under ORS 459A.340 (6) to cover the costs of collecting, transporting and recycling the manufacturer’s annual return share of covered electronic devices for the following year. [2007 c.302 §7]

 

      Note: 459A.325 is repealed January 1, 2026. See sections 15 and 20, chapter 259, Oregon Laws 2023.

 

      Note: See note under 459A.300.

 

      459A.327 Education and public awareness. (1) An electronics producer responsibility organization, or the coordinating body if one is designated under ORS 459A.323, shall consult with the department to develop educational resources and public awareness activities to advertise and promote, on a regular basis, recycling of covered electronic devices and collection opportunities statewide. At a minimum, an electronics producer responsibility organization must:

      (a) Promote recycling of covered electronic devices through the electronics producer responsibility program;

      (b) Establish a toll-free telephone number and a website address that a covered entity may use to contact the electronics producer responsibility organization about the electronics producer responsibility program;

      (c) Publicize information on the location of collection sites and all other collections services offered by the electronics producer responsibility program; and

      (d) Engage with and work to sustain high awareness of the program in minority, lower-income, rural and other historically underserved communities.

      (2) If the Department of Environmental Quality approves more than one electronics producer responsibility program plan, each electronics producer responsibility organization must, in conjunction with the coordinating body designated under ORS 459A.323 and in consultation with the department, coordinate with all other electronics producer responsibility organizations to implement ongoing public awareness activities to ensure that covered entities can easily identify, understand and access the services provided by all electronics producer responsibility programs that are operational in this state. The public awareness activities must:

      (a) Utilize a statewide system of promotion that allows covered entities to easily understand that all electronics producer responsibility organizations are providing services under ORS 459A.305 to 459A.355; and

      (b) Satisfy the requirements of subsection (1) of this section, including providing a single website and toll-free telephone number listing the collection services of all electronics producer responsibility programs. [2023 c.259 §9]

 

      Note: 459A.327 becomes operative January 1, 2026, and applies to electronics producer responsibility program plans submitted to the Department of Environmental Quality pursuant to section 21, chapter 259, Oregon Laws 2023. See sections 20 and 21, chapter 259, Oregon Laws 2023.

 

      Note: See note under 459A.300.

 

      459A.330 Prohibition against charging fee for collection, transportation or recycling of covered electronic devices; exception. (1) Except as authorized in subsection (2) of this section, a manufacturer program, the state contractor program or a collector participating in a manufacturer program or the state contractor program may not charge a fee to covered entities for the collection, transportation or recycling of covered electronic devices.

      (2) A collector that provides a premium service to a covered entity may charge for the additional cost of providing the premium service. [2007 c.302 §8]

 

      Note: The amendments to 459A.330 by section 17, chapter 259, Oregon Laws 2023, become operative January 1, 2026. See section 20, chapter 259, Oregon Laws 2023. The text that is operative on and after January 1, 2026, is set forth for the user’s convenience.

      459A.330. (1) Except as authorized in subsection (2) of this section, an electronics producer responsibility program or a collector participating in an electronics producer responsibility program may not charge a fee to covered entities for the collection, transportation or recycling of covered electronic devices.

      (2) A collector that provides a premium service to a covered entity may charge for the additional cost of providing the premium service.

 

      Note: See note under 459A.300.

 

      459A.332 Submission of information to Department of Environmental Quality; confidentiality. (1) The Department of Environmental Quality may require a manufacturer or an electronics producer responsibility organization to submit information to the department to evaluate compliance with ORS 459A.305 to 459A.355. A manufacturer or electronics producer responsibility organization must submit any data or information required by the department under this subsection in the format requested by the department.

      (2) Trade secrets, as defined in ORS 646.461, and information protected by trademark or patent that the department receives from an electronics producer responsibility organization or manufacturer pursuant to ORS 459A.305 to 459A.355 are confidential and not subject to public disclosure under ORS 192.311 to 192.478, except that the department may disclose summarized information or aggregated data if the information or data does not directly or indirectly identify the information of a specific electronics producer responsibility organization or manufacturer. For purposes of this subsection, compilations of publicly available information, which may have economic value, are not considered to be confidential information. [2023 c.259 §10]

 

      Note: 459A.332 becomes operative January 1, 2026, and applies to electronics producer responsibility program plans submitted to the Department of Environmental Quality pursuant to section 21, chapter 259, Oregon Laws 2023. See sections 20 and 21, chapter 259, Oregon Laws 2023.

 

      Note: See note under 459A.300.

 

      459A.334 Fees. (1) The Environmental Quality Commission shall establish by rule an annual fee, which must be reasonably calculated to cover the costs to the Department of Environmental Quality of implementing, administering and enforcing ORS 459A.305 to 459A.355.

      (2) The commission shall establish by rule a one-time plan review fee reasonably calculated to cover the costs to the department of reviewing the initial electronics producer responsibility program plan submitted to the department for approval under ORS 459A.321 by each electronics producer responsibility organization. The department may not approve an initial plan under ORS 459A.321 if the electronics producer responsibility organization has not paid the fee required by this subsection. [2023 c.259 §8]

 

      Note: 459A.334 becomes operative January 1, 2026, and applies to electronics producer responsibility program plans submitted to the Department of Environmental Quality pursuant to section 21, chapter 259, Oregon Laws 2023. See sections 20 and 21, chapter 259, Oregon Laws 2023.

 

      Note: See note under 459A.300.

 

      459A.335 Requirements for sale of covered electronic devices by retailers; retailer’s duty to consumers regarding information about recycling covered electronic devices. (1) A retailer may not sell or offer for sale any covered electronic device, except for computer peripherals, in or for delivery into this state unless:

      (a) The covered electronic device is labeled with a brand and the label is permanently affixed and readily visible;

      (b) The brand is included on the list posted by the Department of Environmental Quality pursuant to ORS 459A.340 (1); and

      (c) The list posted by the department pursuant to ORS 459A.340 (1) specifies that the manufacturer is in compliance with the requirements of ORS 459A.305 to 459A.355.

      (2) A retailer shall provide to a consumer at the time of the sale of a covered electronic device information from the department’s website that provides details about where and how a consumer can recycle covered electronic devices in Oregon. The information shall be provided in printed form for in-store sales and in printable form for Internet sales and other sales where the Internet is involved. [2007 c.302 §9; 2011 c.548 §7]

 

      Note: The amendments to 459A.335 by section 13, chapter 259, Oregon Laws 2023, become operative January 1, 2026. See section 20, chapter 259, Oregon Laws 2023. The text that is operative on and after January 1, 2026, is set forth for the user’s convenience.

      459A.335. (1) A retailer may not sell or offer for sale any covered electronic device, except for peripherals, in or for delivery into this state unless:

      (a) The covered electronic device is labeled with a brand and the label is permanently affixed and readily visible;

      (b) The brand is included on the list made publicly available by the Department of Environmental Quality pursuant to ORS 459A.340 (1); and

      (c) The list made publicly available by the department pursuant to ORS 459A.340 (1) specifies that the manufacturer is in compliance with the requirements of ORS 459A.305 to 459A.355.

      (2) A retailer shall provide to a consumer at the time of the sale of a covered electronic device information from the department’s website that provides details about where and how a consumer can recycle covered electronic devices in Oregon. The information shall be provided in printed form for in-store sales and in printable form for Internet sales and other sales where the Internet is involved.

 

      Note: See note under 459A.300.

 

      459A.340 Duties of department. The Department of Environmental Quality shall:

      (1) Maintain and make available on its website the following lists, which must be updated by the first day of each month:

      (a) A list of registered manufacturers and their brands;

      (b) A list of brands for which no manufacturer has registered; and

      (c) A list that identifies which manufacturers are in compliance with ORS 459A.305 to 459A.355.

      (2) Review and approve manufacturer plans that comply with ORS 459A.320 and are submitted annually by manufacturers choosing to implement a manufacturer program for recycling covered electronic devices.

      (3)(a) For each calendar year, determine:

      (A) The total weight in pounds of covered electronic devices, including orphan devices and computer peripherals, to be collected; and

      (B) Of the total weight determined under subparagraph (A) of this paragraph, the proportion that is equal to the total weight of televisions and the proportion that is equal to the total weight of nontelevision devices.

      (b) For each calendar year, determine each manufacturer’s television market share and nontelevision market share as follows:

      (A) A manufacturer’s television market share shall be determined by dividing the total weight in pounds of televisions sold in this state under brands manufactured, sold or imported by the manufacturer during the previous calendar year by the total weight in pounds of televisions sold in this state under all brands manufactured, sold or imported by all registered manufacturers during the previous calendar year.

      (B) A manufacturer’s nontelevision market share shall be determined by dividing the total weight in pounds of nontelevision devices sold in this state under brands manufactured, sold or imported by the manufacturer during the previous calendar year by the total weight in pounds of nontelevision devices sold in this state under all brands manufactured, sold or imported by all registered manufacturers during the previous calendar year.

      (C) The department may use national market data prorated for Oregon, retail or manufacturer data, consumer research or any other data from the previous calendar year, as determined by the department, to make the determinations described in this paragraph. The department may require a manufacturer to submit sales or other data regarding the number and weight of covered electronic devices sold in this state by the manufacturer. A manufacturer must submit any data required by the department under this subparagraph in the format requested by the department.

      (c) Determine the return share and return share by weight each calendar year for each manufacturer as follows:

      (A) A manufacturer’s return share by weight shall be equal to the sum of the manufacturer’s return share by weight for televisions as calculated under subparagraph (B) of this paragraph and the manufacturer’s return share by weight for nontelevision devices as calculated under subparagraph (C) of this paragraph.

      (B) A manufacturer’s return share by weight for televisions shall be equal to the product of the manufacturer’s television market share as determined under paragraph (b)(A) of this subsection multiplied by the total weight of television devices to be collected as determined under paragraph (a)(B) of this subsection.

      (C) A manufacturer’s return share by weight for nontelevision devices shall be equal to the product of the manufacturer’s nontelevision market share as determined under paragraph (b)(B) of this subsection multiplied by the total weight of nontelevision devices to be collected as determined under paragraph (a)(B) of this subsection.

      (D) A manufacturer’s return share shall be equal to the quotient of the manufacturer’s return share by weight divided by the sum total of the return shares by weight for all manufacturers.

      (d) By May 1 of each year, provide to each manufacturer that had a return share determined under this section its return share and its return share by weight for the following year.

      (4) Establish a state contractor program for the collection, transportation and recycling of covered electronic devices from covered entities in this state. The state contractor program shall:

      (a) To the extent practicable, use existing local collection, transportation and recycling infrastructure.

      (b) Utilize environmentally sound management practices to collect, transport and recycle covered electronic devices.

      (c) Provide for covered entities, free of charge, convenient and available collection services and sites for covered electronic devices in both rural and urban areas.

      (d) Advertise and promote collection opportunities statewide and on a regular basis.

      (e) Conduct a statistically significant sampling or actual count of the covered electronic devices, except for computer peripherals, collected and recycled by the state contractor program during each calendar year using a methodology approved by the department. The state contractor shall report the results of the sampling or count to the department at least annually or as required by the department. The methodology must take into account information including but not limited to the device type, weight and brand of each unit sampled.

      (f) No later than March 1 of the following calendar year, report, for the previous calendar year:

      (A) The total weight of covered electronic devices, including orphan devices and computer peripherals, collected from covered entities in this state by the state contractor program; and

      (B) The total weight of each type of covered electronic device, including orphan devices and computer peripherals, collected from covered entities in this state by the state contractor program during the previous calendar year.

      (5) Determine a manufacturer’s annual registration fee for purposes of ORS 459A.315 (2). In determining a manufacturer’s annual registration fee, the department may use national market data prorated for Oregon, retail or manufacturer data, consumer research or any other data from the previous calendar year, as determined by the department. The department may require a manufacturer to submit sales or other data regarding the number of covered electronic devices sold in this state by the manufacturer. A manufacturer must submit any data required by the department under this subsection in the format requested by the department.

      (6) Determine the recycling fee to be paid under ORS 459A.325 by each manufacturer that participates in the state contractor program established pursuant to subsection (4) of this section. The department shall determine the recycling fees based on the manufacturer’s annual return share and return share by weight as determined under subsection (3) of this section.

      (7) Maintain on its website information on collection opportunities for covered electronic devices, including collection site locations and hours. The information must be made available in a printable format for retailers.

      (8) Report biennially to the Legislative Assembly on the operation of the statewide system for collection, transportation and recycling of covered electronic devices. [2007 c.302 §10; 2010 c.38 §1; 2011 c.548 §8; 2019 c.212 §4]

 

      Note: The amendments to 459A.340 by section 14, chapter 259, Oregon Laws 2023, become operative January 1, 2026. See section 20, chapter 259, Oregon Laws 2023. The text that is operative on and after January 1, 2026, is set forth for the user’s convenience.

      459A.340. The Department of Environmental Quality shall:

      (1) Maintain and make publicly available:

      (a) A list of registered manufacturers and their brands;

      (b) A list of brands for which no manufacturer has registered;

      (c) A list that identifies which manufacturers are in compliance with ORS 459A.305 to 459A.355;

      (d) Electronics producer responsibility program plans submitted to the department under ORS 459A.320;

      (e) Revised plans submitted to the department under ORS 459A.321; and

      (f) Reports submitted to the department under ORS 459A.320.

      (2)(a) For each program year, determine each manufacturer’s market share for each product category by dividing the total weight in pounds of covered electronic devices in a product category sold in this state under brands manufactured, sold or imported by the manufacturer during the previous calendar year by the total weight in pounds of covered electronic devices in the product category sold in this state under all brands manufactured, sold or imported by all registered manufacturers during the previous calendar year.

      (b) The department may use national market data prorated for Oregon, retail or manufacturer data, consumer research or any other data from the previous calendar year, as determined by the department, to make the determinations described in this subsection. The department may require a manufacturer to submit sales or other data regarding the number and weight of covered electronic devices sold in this state by the manufacturer. A manufacturer must submit any data required by the department under this paragraph in the format requested by the department.

      (3) For each calendar year, provide each manufacturer’s market share to the manufacturer’s electronics producer responsibility organization or to the coordinating body, if a coordinating body has been designated under ORS 459A.323.

      (4) Maintain on its website information on collection opportunities for covered electronic devices, including collection site locations and hours. The information must be made available in a printable format for retailers.

 

      Note: See note under 459A.300.

 

(Temporary provisions relating to covered electronic device recycling programs)

 

      Note: Sections 22 and 23, chapter 259, Oregon Laws 2023, provide:

      Sec. 22. Determination of total weight of covered electronics to be collected for 2025 calendar year; settlement of recycling credits. (1) Notwithstanding ORS 459A.340 (3), for the period beginning January 1, 2025, and ending December 31, 2025, the total weight of covered electronic devices to be collected shall be equal to the total weight of covered electronic devices to be collected for the 2024 calendar year determined by the Department of Environmental Quality under ORS 459A.340 (3).

      (2) Notwithstanding ORS 459A.320 and 459A.322, the amendments to ORS 459A.320 by section 4 of this 2023 Act or the repeal of ORS 459A.322 by section 15 of this 2023 Act, a manufacturer program with a plan approved by the Department of Environmental Quality for the 2025 calendar year shall enter into an agreement with the state contractor program to settle, by December 31, 2026, all recycling credits. [2023 c.259 §22]

Sec 23. Reports by manufacturers and state contractor program due March 1, 2026; amount due from manufacturer for 2025 calendar year. (1) Notwithstanding the amendments to ORS 459A.320 by section 4 of this 2023 Act:

      (a) No later than March 1, 2026, a manufacturer that implements a manufacturer program for January 1, 2025, to December 31, 2025, shall provide a report to the Department of Environmental Quality that:

      (A) Includes the total weight of covered electronic devices, including orphan devices and computer peripherals, collected from covered entities in this state by the manufacturer from January 1, 2025, to December 31, 2025;

      (B) Includes the total weight of each type of covered electronic device, including orphan devices and computer peripherals, collected from covered entities in this state by the manufacturer from January 1, 2025, to December 31, 2025; and

      (C) Details how the manufacturer plan was implemented from January 1, 2025, to December 1, 2025.

      (b) By July 1, 2026, a manufacturer that does not meet its return share by weight for the period beginning January 1, 2025, and ending December 31, 2025, shall pay the department for the amount not achieved at a rate determined by the department to be equivalent to the amount the manufacturer would have paid, plus 10 percent, to be part of the state contractor program under ORS 459A.340.

      (2) Notwithstanding the amendments to ORS 459A.340 by section 14 of this 2023 Act, no later than March 1, 2026, the state contractor program shall provide a report to the department that:

      (a) Includes the total weight of covered electronic devices, including orphan devices and computer peripherals, collected from covered entities in this state by the state contractor program from January 1, 2025, to December 31, 2025; and

      (b) Includes the total weight of each type of covered electronic device, including orphan devices and computer peripherals, collected from covered entities in this state by the state contractor program from January 1, 2025, to December 31, 2025. [2023 c.259 §23]

 

      459A.345 Rules. The Environmental Quality Commission may adopt rules as necessary to implement ORS 459A.305 to 459A.355. [2007 c.302 §11]

 

      Note: See note under 459A.300.

 

      459A.350 Disposition of fees. Fees collected by the Department of Environmental Quality under ORS 459A.305 to 459A.355 shall be deposited in the State Treasury to the credit of the Covered Electronic Devices Account established under ORS 459A.355. [2007 c.302 §12]

 

      Note: See note under 459A.300.

 

      459A.353 Application of antitrust laws. The Legislative Assembly declares that electronics producer responsibility organizations providing covered entities with program services for covered electronic devices, including the use of environmentally sound management practices to collect, transport and recycle covered electronic devices, is in the best interests of the public. Therefore, the Legislative Assembly declares its intent that participation in electronics producer responsibility programs as required by ORS 459A.305 to 459A.355 shall be exempt from state antitrust laws. The Legislative Assembly further declares its intent to provide immunity for participating in electronics producer responsibility programs as required by ORS 459A.305 to 459A.355 from federal antitrust laws. This section does not authorize any person to engage in activities or to conspire to engage in activities that constitute per se violations of state or federal antitrust laws that are not authorized under ORS 459A.305 to 459A.355. [2023 c.259 §12]

 

      Note: 459A.353 becomes operative January 1, 2026, and applies to electronics producer responsibility program plans submitted to the Department of Environmental Quality pursuant to section 21, chapter 259, Oregon Laws 2023. See sections 20 and 21, chapter 259, Oregon Laws 2023.

 

      Note: See note under 459A.300.

 

      459A.355 Covered Electronic Devices Account; interest; uses. The Covered Electronic Devices Account is established separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. Moneys in the account are continuously appropriated to the Department of Environmental Quality and may be used only to pay the costs of implementing ORS 459A.305 to 459A.355 and enforcing the prohibition in ORS 459.247 relating to disposal of covered electronic devices. [2007 c.302 §13]

 

      Note: The amendments to 459A.355 by section 18, chapter 259, Oregon Laws 2023, become operative January 1, 2026. See section 20, chapter 259, Oregon Laws 2023. The text that is operative on and after January 1, 2026, is set forth for the user’s convenience.

      459A.355. The Covered Electronic Devices Account is established separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. Moneys in the account are continuously appropriated to the Department of Environmental Quality and may be used only to pay the costs of administering, implementing and enforcing ORS 459A.305 to 459A.355 and enforcing the prohibition in ORS 459.247 relating to disposal of covered electronic devices.

 

      Note: See note under 459A.300.

 

      459A.360 Evaluation by department of certain federal laws. (1) The Department of Environmental Quality shall evaluate any federal law that establishes a national program for the collection and recycling of electronic devices.

      (2) If the department determines that the federal law substantially meets or exceeds the requirements and intent of ORS 459A.305 to 459A.355, the department shall include information on the federal law in the next biennial report to the Legislative Assembly pursuant to ORS 459A.340. [2007 c.302 §14]

 

      Note: The amendments to 459A.360 by section 19, chapter 259, Oregon Laws 2023, become operative January 1, 2026. See section 20, chapter 259, Oregon Laws 2023. The text that is operative on and after January 1, 2026, is set forth for the user’s convenience.

      459A.360. (1) The Department of Environmental Quality shall evaluate any federal law that establishes a national program for the collection and recycling of electronic devices.

      (2) If the department determines that the federal law substantially meets or exceeds the requirements and intent of ORS 459A.305 to 459A.355, the department shall include information on the federal law in a report to the Legislative Assembly in the manner provided by ORS 192.245.

 

      Note: See note under 459A.300.

 

      459A.365 City and county regulation of collection of solid waste. ORS 459A.305 to 459A.355 do not supersede any authority under ORS chapter 459 or 459A for cities and counties to regulate the collection of solid waste. [2007 c.302 §14a]

 

      Note: See note under 459A.300.

 

(State Agencies)

 

      459A.475 Legislative findings; policy. The Legislative Assembly finds and declares that:

      (1) It is the policy of the State of Oregon to conserve and protect its resources. The maintenance of a quality environment for the people of this state now and in the future is a matter of statewide concern.

      (2) The volume of solid waste generated within the state, an increased rate in the consumption of products and materials, including paper products, and the absence of adequate programs and procedures for the reuse and recycling of these products and materials threaten the quality of the environment and well-being of the people of Oregon. [2003 c.794 §188]

 

      Note: 459A.475 to 459A.490 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 459A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      459A.480 State agency recycling program; requirements; training. (1) For the current state waste paper collection program, the Oregon Department of Administrative Services, in consultation with the Department of Environmental Quality, shall provide participating locations with public awareness information and training to state and legislative employees, including but not limited to the proper separation and disposal of recycled resources. Additionally, the Oregon Department of Administrative Services, in consultation with the Department of Environmental Quality, shall provide training for personnel, including but not limited to state buildings and grounds personnel responsible for the collection of waste materials. This training shall include but is not limited to educating and training the personnel concerning the separation and collection of recyclable materials.

      (2) The Oregon Department of Administrative Services shall continue the current state waste paper collection program for employees of state government, as defined in ORS 174.111. This program shall include recycling opportunities for office paper, corrugated cardboard, newsprint, beverage containers as defined in ORS 459A.700, container glass, mixed waste paper, plastic bottles, waste oil, clay-coated materials, batteries, toner and printer cartridges and any other material at the discretion of the Director of the Oregon Department of Administrative Services, in consultation with the Department of Environmental Quality.

      (3) The Oregon Department of Administrative Services may contract as necessary for the recycling of products returned under subsections (1) and (2) of this section. [2003 c.794 §189]

 

      Note: See note under 459A.475.

 

      459A.485 System and procedures for separation and collection of solid waste; rules; exemption. (1) Notwithstanding ORS 183.335 (5), the Oregon Department of Administrative Services shall adopt rules pursuant to ORS chapter 183 that:

      (a) Establish procedures for the separation of solid waste generated by state agencies that can be recycled or reused.

      (b) Establish a system for the collection of solid waste generated by state agencies that can be recycled or reused. The system shall ensure that the material is made available to appropriate agencies or private industries for reuse or recycling at the greatest economic value and to the greatest extent feasible for recycling.

      (2) All state agencies shall comply with the procedures and systems established under subsection (1) of this section.

      (3) The Governor may exempt any single activity or facility of any state agency from compliance under this section if the Governor determines it to be in the paramount interest of the state. Any exemption shall be for a period not in excess of one year, but additional exemptions may be granted for periods not to exceed one year. The Governor shall make public all exemptions together with the reasons for granting such exemptions. [2003 c.794 §190]

 

      Note: See note under 459A.475.

 

      459A.490 Paper conservation. (1) The Oregon Department of Administrative Services shall encourage paper conservation.

      (2) The department shall provide guidelines to state agencies and contractors on the availability of recycled paper and paper products, including the sources of supply and the potential uses of various grades of recycled paper.

      (3) The department shall review the total paper purchases and utilization of each state agency.

      (4) The department shall, in conjunction with the administrative heads of state agencies, develop procedures to eliminate excessive or unnecessary paper use, including but not limited to overpurchase of paper, overprinting of materials, purchase of too high a grade of paper, purchase of paper that is not recyclable and purchase of virgin paper when recycled paper is available in the same grade. [2003 c.794 §191]

 

      Note: See note under 459A.475.

 

(Newsprint and Directories)

 

      459A.500 Definitions for ORS 459A.500 to 459A.520. As used in ORS 459A.500 to 459A.520:

      (1) “Consumer of newsprint” means a person who uses newsprint in a commercial or government printing or publishing operation.

      (2) “Newsprint” means paper that meets the specifications for Standard Newsprint Paper and Roto Newsprint Paper as set forth in the current edition of the Harmonized Tariff Schedule of the United States for such products.

      (3) “Post-consumer waste” means a material that would normally be disposed of as a solid waste, having completed its life cycle as a consumer or manufacturing item.

      (4) “Recycled-content newsprint” means newsprint that includes post-consumer waste paper. [1991 c.385 §26; 1993 c.560 §90]

 

      459A.505 Minimum recycled content for newsprint. Every consumer of newsprint in Oregon shall ensure that at least 7.5 percent of the annual aggregate fiber content of all newsprint used by the consumer of newsprint is composed of post-consumer waste paper, if:

      (1) Recycled-content newsprint is available at the same or lower weighted net price compared to that of newsprint made from virgin material;

      (2) The average mechanical and optical properties of recycled-content newsprint from any individual mill measured quarterly meets or exceeds the average mechanical and optical properties of all newsprint produced in the northwest as reported in the most current quarterly American Newspaper Publisher Association Newsprint Quality Program Special Report; and

      (3) The recycled-content newsprint is available within the same period of time as virgin material. [1991 c.385 §27; 2005 c.22 §335]

 

      459A.510 Report to consumer of amount of post-consumer waste in shipment. Each person who supplies a consumer of newsprint with newsprint shall report with each supply the amounts of post-consumer waste contained in each shipment to each consumer of newsprint. If a shipment contains no post-consumer waste paper, the supplier shall so report. [1991 c.385 §28]

 

      459A.515 Annual report to department; content. No later than February 28 each year, each consumer of newsprint shall report to the Department of Environmental Quality the following information for the previous calendar year:

      (1) The amount of newsprint used in short tons;

      (2) The amount of recycled-content newsprint used in short tons; and

      (3) The aggregate recycled content of the newsprint used as a percent. [1991 c.385 §29; 1993 c.560 §91; 2003 c.14 §292]

 

      459A.520 Minimum recycled content for directories. (1) Every directory publisher shall ensure that directories distributed in Oregon:

      (a) Have a minimum recycled content of at least 25 percent by weight, with no less than 15 percent of the total weight consisting of post-consumer waste, if:

      (A) The recycled-content paper is available on the market; and

      (B) The recycled-content paper is of the same quality as paper made from virgin material;

      (b) Use bindings that do not impede recycling; and

      (c) Use inks that do not impede recycling.

      (2) For each local jurisdiction where directories are distributed, directory publishers will cooperate with local government agencies to ensure that recycling opportunities exist for directories at the time the directories are distributed provided markets exist for the directories.

      (3) The Department of Environmental Quality shall develop a report format and survey directory publishers in Oregon on an annual basis to determine whether the publishers are meeting the requirements under subsections (1) and (2) of this section.

      (4) As used in this section, “directory” means a telephone directory that weighs one pound or more for a local jurisdiction in Oregon distributed in this state. [1991 c.385 §33; 2005 c.22 §336]

 

(Glass)

 

      459A.550 Report on use of new and recycled glass; minimum percentage of recycled glass required. (1) On or before February 28 each year, every glass container manufacturer shall report to the Department of Environmental Quality, in accordance with a method established by the department, the total amount, in tons, of new glass food, drink and beverage containers made in Oregon or sold to packagers located in Oregon by the glass container manufacturer during the previous calendar year, and the tons of recycled glass used in manufacturing the new containers. A glass container manufacturer located more than 750 miles from the borders of this state shall report to the department only for those years in which the glass container manufacturer sells more than 1,000 tons of new glass containers to packagers located in Oregon.

      (2) For glass containers manufactured in Oregon or within 750 miles of the borders of this state, each glass container manufacturer shall use the following minimum percentages of recycled glass in manufacturing glass food, drink or beverage containers:

      (a) Thirty-five percent on and after January 1, 1995.

      (b) Fifty percent on and after January 2, 2008.

      (3) Upon request from a glass container manufacturer, the department shall not enforce the requirement that a minimum percentage of recycled glass be used in the manufacturing of glass food, drink or beverage containers under subsection (2) of this section if the department determines that a glass container manufacturer cannot meet the minimum percentage requirements because of a lack of available glass cullet that meets reasonable specifications established by the manufacturer.

      (4) A manufacturer requesting an exemption from the recycled glass content requirements under this section shall inform the department of the steps the manufacturer plans to take in order to come into compliance with the recycled content requirements. The department shall grant exemptions for a period of no more than three years. An exemption may be renewed upon a reasonable showing by the applicant. The department may recover all costs involved in considering and acting upon exemption requests.

      (5) On or after January 2, 2008, in determining whether a glass container manufacturer has met the 50 percent minimum percentage requirement, the department shall credit toward the requirement the combined amount of recycled glass generated in Oregon for secondary end uses. If the combined amount meets the 50 percent minimum percentage requirement, the department shall not initiate enforcement action.

      (6) The department shall not enforce the provisions of subsection (2)(b) of this section until January 2, 2008.

      (7) As used in this section, “glass container manufacturer” means a person that manufactures new glass containers in Oregon or that, during the calendar year preceding the reporting period established under subsection (1) of this section, manufactured new glass containers outside Oregon that were sold by the manufacturer to packagers located in Oregon. [1991 c.385 §34; 1993 c.560 §92; 1997 c.537 §1; 1999 c.976 §1; 2003 c.671 §1]

 

(Used Oil Recycling)

 

      459A.552 Recycling and recovery of used oil; goal. It is the goal of the State of Oregon that the amount of recycling and recovery of used oil from households in Oregon shall be at least 70 percent. [1993 c.527 §2; 2005 c.22 §337]

 

      Note: 459A.552 to 459A.599 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 459A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      459A.554 Reduction, reuse and recovery of used oil. After consideration of technical and economic feasibility, the Department of Environmental Quality and all persons in Oregon shall encourage the management of used oil in Oregon as follows:

      (1) First, to reduce the amount of used oil generated;

      (2) Second, to reuse oil by rerefining the oil; and

      (3) Third, to recover energy from the used oil and use the oil for other secondary uses. [1993 c.527 §3]

 

      Note: See note under 459A.552.

 

      459A.555 Definitions for ORS 459A.552 to 459A.599. As used in ORS 459A.552 to 459A.599 unless the context requires otherwise:

      (1) “Commission” means the Environmental Quality Commission.

      (2) “Department” means the Department of Environmental Quality.

      (3) “Recycle” means to prepare used oil for reuse as a petroleum product by refining, rerefining, reclaiming, reprocessing or other means or to use used oil in a manner that substitutes for a petroleum product made from new oil, provided that the preparation or use is operationally safe, environmentally sound and complies with all laws and regulations.

      (4) “Person” means any individual, private or public corporation, partnership, cooperative association, estate, municipality, political or jurisdictional subdivision or governmental agency or instrumentality.

      (5) “Used oil” means a petroleum-based oil which through use, storage or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties. [Formerly 468.850]

 

      Note: See note under 459A.552.

 

      459A.560 Legislative findings. The Legislative Assembly finds that:

      (1) Millions of gallons of used oil are generated each year in the state;

      (2) Used oil is a valuable petroleum resource which can be recycled; and

      (3) In spite of this potential for recycling, significant quantities of used oil are wastefully disposed of or improperly used by means which pollute the waters, land and air and endanger the public health and welfare. [Formerly 468.853]

 

      Note: See note under 459A.552.

 

      459A.565 Used oil to be collected and recycled. The Legislative Assembly declares that used oil shall be collected and recycled to the maximum extent possible, by means which are economically feasible and environmentally sound, in order to conserve irreplaceable petroleum resources, preserve and enhance the quality of natural and human environments, and protect public health and welfare. [Formerly 468.856]

 

      Note: See note under 459A.552.

 

      459A.570 Used oil information center; public education. The Department of Environmental Quality shall conduct a public education program to inform the public of the needs for and benefits of collecting and recycling used oil in order to conserve resources and preserve the environment. As part of this program, the department shall:

      (1) Establish, maintain and publicize a used oil information center that will explain local, state and federal laws and regulations governing used oil and will inform holders of quantities of used oil on how and where used oil may be properly disposed of; and

      (2) Encourage the establishment of voluntary used oil collection and recycling programs and provide technical assistance to persons organizing such programs. [Formerly 468.859]

 

      Note: See note under 459A.552.

 

      459A.575 Oil recycling information to be posted; rules. The Environmental Quality Commission shall adopt rules, in accordance with the provisions of ORS 468.020, requiring sellers of more than 500 gallons of lubrication or other oil annually, in containers for use off the premises, to post and maintain at or near the point of sale durable and legible signs, unless otherwise prohibited by law, informing the public of the importance of proper collection and disposal of used oil, and how and where used oil may be properly disposed of, including locations and hours of operation of conveniently located collection facilities. [Formerly 468.862]

 

      Note: See note under 459A.552.

 

      459A.580 Prohibited disposal of used oil. Unless permitted pursuant to ORS 468B.050, no person shall dispose of used oil by discharge into sewers, drainage systems or the waters of this state as defined by ORS 468B.005, or by incineration other than for energy generating purposes. [Formerly 468.865; 2003 c.469 §3]

 

      Note: See note under 459A.552.

 

      459A.585 Enforcement powers of commission. The Environmental Quality Commission shall have the power to enforce compliance with or restrain violation of ORS 459A.580 or any rule adopted under ORS 459A.575 in the same manner provided for enforcement proceedings under ORS chapters 468, 468A and 468B. [Formerly 468.868]

 

      Note: See note under 459A.552.

 

      459A.590 Use, management, disposal and resource recovery; rules. The Environmental Quality Commission shall adopt rules and issue orders relating to the use, management, disposal of and resource recovery from used oil. The rules shall include but need not be limited to performance standards and other requirements necessary to protect the public health, safety and environment, and a provision prohibiting the use of untested used oil for dust suppression. The commission shall insure that the rules do not discourage the recovery or recycling of used oil in a manner that is consistent with the protection of human health, safety and the environment. [Formerly 468.869]

 

      Note: See note under 459A.552.

 

      459A.595 Use for dust suppression or as herbicide. Except to the extent that a use of used oil is prohibited or regulated by federal law, the rules adopted under ORS 459A.590 shall not prohibit or regulate the use of used oil for dust suppression or as an herbicide if the used oil is generated by a business or industry and does not contain polychlorinated biphenyls, or contain or show a characteristic of hazardous waste as defined in ORS 466.005 or is generated by a household and is:

      (1) Used on property owned by the generator; or

      (2) Generated and used on property leased by the generator or used on property immediately adjacent to property owned or leased by the generator with the written approval of the property owner on whose property the oil is to be applied. [Formerly 468.870]

 

      Note: See note under 459A.552.

 

      459A.599 Short title. ORS 459A.552 to 459A.585 may be cited as the “Used Oil Recycling Act.” [Formerly 468.871]

 

      Note: See note under 459A.552.

 

(Compost)

 

      459A.600 “Compost” defined. As used in ORS 459A.605 to 459A.620, “compost” means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream. [1991 c.385 §19]

 

      459A.605 Rules for purchase of compost and sewage sludge by state. In consultation with the Department of Environmental Quality and affected state and local agencies, the Oregon Department of Administrative Services shall adopt rules for the purchase by the State of Oregon of compost and sewage sludge. The rules shall designate the state minimum purchasing standards. The rules shall encourage the use of compost and sludge without jeopardizing the safety and health of the citizens of the state or the environment. [1991 c.385 §21]

 

      459A.610 [1991 c.385 §22; repealed by 1993 c.560 §107]

 

      459A.615 Programs to use compost and sewage sludge. The State Forestry Department, the State Parks and Recreation Department, the Department of Transportation and the Oregon Department of Administrative Services shall initiate programs that use compost or sewage sludge in place of, or to supplement, soil amendments, ground cover materials, mulching materials or other similar products for which compost can be used as an effective substitute. [1991 c.385 §23; 1993 c.560 §93]

 

      459A.620 Use of compost or sewage sludge by state agencies given priority. Any state agency that prepares a request for bid for soil amendments, ground cover materials, mulching materials or other similar products shall first determine that compost or sewage sludge is not available in adequate quantities, cannot practically be used for the intended applications, would jeopardize the intended project results or would be used in combination with a fertilizer or other similar product. [1991 c.385 §25; 2005 c.22 §338]

 

(Mercury)

 

      459A.630 Motor vehicle mercury light switches. The Department of Environmental Quality shall coordinate with and encourage entities such as associations representing motor vehicle repair shops to offer to the public the replacement and recycling of motor vehicle mercury light switches. The department shall make available to the public information concerning services to replace and recycle motor vehicle mercury light switches. [2001 c.924 §10]

 

      Note: 459A.630 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 459A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

(Plastics)

 

      459A.650 Definitions for ORS 459A.650 to 459A.665. As used in ORS 459A.650 to 459A.665:

      (1) “Package” means any container used to protect, store, contain, transport, display or sell products.

      (2) “Package manufacturer” means the producer or generator of a rigid plastic container for a packaged product that is sold or offered for sale in Oregon.

      (3) “Product-associated package” means a brand-specific rigid plastic container line, which may have one or more sizes, shapes or designs and which is used in conjunction with a particular, generic product line.

      (4) “Product manufacturer” means the producer or generator of a packaged product that is sold or offered for sale in Oregon in a rigid plastic container.

      (5) “Recycled content” means the portion of a package’s weight that is composed of recycled material, as determined by a material balance approach that calculates total recycled material input as a percentage of total material input in the manufacture of the package.

      (6) “Recycled material” means a material that would otherwise be destined for solid waste disposal, having completed its intended end use or product life cycle. Recycled material does not include materials and by-products generated from, and commonly reused within, an original manufacturing and fabrication process.

      (7) “Rigid plastic container” means any package composed predominantly of plastic resin which has a relatively inflexible finite shape or form with a minimum capacity of eight ounces and a maximum capacity of five gallons, and that is capable of maintaining its shape while holding other products. [1991 c.385 §34a; 1993 c.560 §96; 1993 c.568 §1]

 

      459A.655 Minimum reuse, recycled material or recycled content for rigid plastic containers. (1) Except as provided in ORS 459A.660 (5), any rigid plastic container sold, offered for sale or used in association with the sale or offer for sale of products in Oregon shall:

      (a) Contain 25 percent recycled content by January 1, 1995;

      (b) Be made of plastic that is being recycled in Oregon at a rate of 25 percent by January 1, 1995; or

      (c) Be a package that is used five or more times for the same or substantially similar use.

      (2) A rigid plastic container shall meet the requirements in subsection (1)(b) of this section if the container meets one of the following criteria:

      (a) It is a rigid plastic container and rigid plastic containers, in the aggregate, are being recycled in the state at a rate of 25 percent by January 1, 1995;

      (b) It is a specified type of rigid plastic container and that type of rigid plastic container, in the aggregate, is being recycled in the state at a rate of 25 percent by January 1, 1995; or

      (c) It is a particular product-associated package and that type of package, in the aggregate, is being recycled in the state at a rate of 25 percent by January 1, 1995. [1991 c.385 §34b; 1993 c.560 §97; 1993 c.568 §2]

 

      459A.657 Recycling rate; hearings on decreased rate. (1) The Department of Environmental Quality shall determine a recycling rate under ORS 459A.655 for rigid plastic containers in the aggregate on or before December 31, 1995, and thereafter, in accordance with the standards and procedures used to calculate such rate for calendar year 1996, as determined necessary by the department. If for any year thereafter, the department determines that the aggregate rate is less than 25 percent, the department also shall determine whether the recycling rate for compliance for rigid plastic containers made from the major resin types is 25 percent or more.

      (2) If the recycling rate for rigid plastic containers in the aggregate determined by the department for compliance purposes is less than 25 percent for 1996 or any subsequent year, the department shall present relevant information regarding the decrease in the rate to the appropriate legislative committees or interim committees. The legislative committees shall hold hearings to determine the factors that caused the rate to decrease, including a review of the status of collection programs in the state and the capacity available to process rigid plastic containers collected and reclaim the resin from the collected containers. [1995 c.584 §2; 1997 c.552 §16]

 

      459A.660 Manufacturer records; certification by package manufacturer; exempt containers. (1) Each product manufacturer and package manufacturer shall maintain the records specified in this section that demonstrate for all rigid plastic containers of the manufacturer, how the manufacturer has complied with one or more of the requirements of ORS 459A.655, or for what reason, if any, the containers are exempt under subsection (5) of this section for the applicable period of time. Proprietary information included in the records, if submitted to the Department of Environmental Quality under this section shall not be made available to the general public. The records documenting the compliance shall be submitted to the department upon its request. Each manufacturer required to keep records under this section may be audited by the department. The department shall not take enforcement action, audit or request copies of the records kept by a manufacturer under this section before January 1, 1996, and until the department calculates the recycling rates in ORS 459A.655 (2) for the calendar year 1995.

      (2) To the extent a rigid plastic container complies with ORS 459A.655 (1)(c) or (2)(c) because the product manufacturer’s particular product-associated package or all of the product manufacturer’s rigid plastic containers are being reused under ORS 459A.655 (1)(c) or recycled in the state at the rate specified in ORS 459A.655 (2)(c), the product manufacturer shall keep records that include the information the department may require to determine the product manufacturer’s compliance.

      (3) To the extent a rigid plastic container complies with ORS 459A.655 (1)(a) or (b) or (2)(a) or (b), the package manufacturer shall keep records that include the information the department may require to determine the package manufacturer’s compliance.

      (4) If subsection (3) of this section applies, the product manufacturer also shall maintain a record of the written certification by the package manufacturer that the rigid plastic containers comply with ORS 459A.655 (1)(a) or (b) or (2)(a) or (b). The certification also shall state that the package manufacturer will maintain the records required in subsection (3) of this section, and upon request of the department, submit to the department records that include the information the department may require to determine compliance. The product manufacturer may rely on the certification as a defense in any action or proceeding for violation of or to enforce ORS 459A.650 to 459A.665, whether such action or proceeding is brought under ORS 459.992, 459.995 or under any other law.

      (5) Rigid plastic containers are exempt from the requirements of ORS 459A.655 if the containers are not subject to the requirements of ORS 459A.700 to 459A.744 and if:

      (a) The containers contain drugs, medical devices, medical food or infant formula as defined by the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq.

      (b) The packages are associated with products produced in or brought into the state that are destined for shipment to other destinations outside the state and that remain with such products upon such shipment.

      (c) The packaging is necessary to provide tamper-resistant seals for public health purposes.

      (d) The packages are reduced packages. A package shall qualify as reduced when the ratio of package weight per unit of product has been reduced by at least 10 percent when compared with the packaging used for the same product by the same packager five years earlier. In no case may packaging reduction be achieved, for purposes of this paragraph, by substituting a different material category for a material that constituted a substantial part of the packaging in question, or by packaging changes that adversely impact either the potential for the package to be recycled or contain recycled material. Exemptions under this paragraph shall be limited to five years, shall not be renewable and shall not be applicable to packages for which the ratio of package weight per unit of product increased after January 1, 1990.

      (e) There has been substantial investment in achieving the recycling goal, viable markets for the material, if collected, can be demonstrated, the material is within five percent of the goal, there is substantial evidence of accelerating recycling rates and reasonable projections show that the material will meet the goal within two years.

      (f) The containers contain food. A container shall be considered to contain food if it contains an article used, or intended to be used, for food, ice, confection or condiment, whether simple or compound, or any part or ingredient thereof or in the preparation thereof, and for human consumption, but a container shall not be considered to contain food if it contains a drinkable liquid and is a rigid plastic bottle. As used in this paragraph, “rigid plastic bottle” means a container that has a mouth narrower than its base.

      (6) For any rigid plastic container not described in subsection (3) of this section, each product manufacturer shall keep records that include the information the department may require as evidence that the container is exempt from the requirements of ORS 459A.655.

      (7) The department shall not enforce the provisions of ORS 459A.650 to 459A.660 during the first full calendar year after the department determines for the first time that the rate for compliance for rigid plastic containers in the aggregate is less than 25 percent. For any period for which the department determines that the rate for compliance for rigid plastic containers in the aggregate equals or exceeds 25 percent, product manufacturers and package manufacturers are not required to keep records under this section and are not required to comply with the requirements of ORS 459A.655 (1)(a) and (c) and (2)(b) and (c). [1991 c.385 §34c; 1993 c.560 §98; 1993 c.563 §1; 1993 c.568 §3; 1995 c.584 §§3,4]

 

      459A.665 Opportunity to recycle rigid plastic containers. A local government shall provide the opportunity to recycle rigid plastic containers in metropolitan and urban wastesheds when there is a stable market price for those containers that equals or exceeds 75 percent of the necessary and reasonable collection costs for those containers. [1991 c.385 §§34d,50]

 

      459A.675 [1991 c.385 §86; 1993 c.560 §99; repealed by 2021 c.681 §58]

 

      459A.680 [1991 c.385 §87; 1993 c.560 §100; repealed by 2021 c.681 §58]

 

      459A.685 [1991 c.385 §88; repealed by 2021 c.681 §58]

 

      459A.695 [Formerly 459.419; repealed by 2019 c.434 §7]

 

BEVERAGE CONTAINERS; BOTTLE BILL

 

      459A.700 Definitions for ORS 459A.700 to 459A.744. As used in ORS 459.992 (3) and (4) and 459A.700 to 459A.744, unless the context requires otherwise:

      (1) “Beverage” means a fluid described in ORS 459A.702.

      (2) “Beverage container” means a container described in ORS 459A.702.

      (3) “Commission” means the Oregon Liquor and Cannabis Commission.

      (4) “Consumer” means every person who purchases a beverage in a beverage container for use or consumption.

      (5) “Dealer” means every person in this state who engages in the sale of beverages in beverage containers to a consumer, or means a full-service redemption center approved under ORS 459A.735.

      (6) “Dealer redemption center” means a location that meets the requirements of ORS 459A.741, at which any person may return empty beverage containers and receive payment of the refund value of the beverage containers.

      (7) “Distributor” means every person who engages in the sale of beverages in beverage containers to a dealer in this state including any manufacturer who engages in such sales.

      (8) “Full-service redemption center” means a location that meets the requirements of ORS 459A.737, at which any person may return empty beverage containers and receive payment of the refund value of the beverage containers.

      (9) “Hard seltzer” means any sugar-based alcoholic beverage that contains carbonated water or any malt-based alcoholic beverage that contains carbonated water and is not a malt beverage, as defined in ORS 471.001.

      (10) “Importer” means any dealer or manufacturer who directly imports beverage containers into this state.

      (11) “In this state” means within the exterior limits of the State of Oregon and includes all territory within these limits owned by or ceded to the United States of America.

      (12) “Kombucha” means a fermented beverage that is made from tea and contains not more than 21 percent of alcohol by volume.

      (13) “Manufacturer” means every person bottling, canning or otherwise filling beverage containers for sale to distributors, importers or dealers.

      (14) “Place of business of a dealer” means the location at which a dealer sells or offers for sale beverages in beverage containers to consumers.

      (15) “Redemption center” means a full-service redemption center or a dealer redemption center.

      (16) “Use or consumption” includes the exercise of any right or power over a beverage incident to the ownership thereof, other than the sale or the keeping or retention of a beverage for the purposes of sale.

      (17) “Water and flavored water” means any beverage identified through the use of letters, words or symbols on its product label as a type of water.

      (18) “Wine” has the meaning given that term in ORS 471.001, except that “wine” does not mean hard seltzer or kombucha. [Formerly 459.810; 2007 c.303 §1; 2011 c.277 §1; 2019 c.279 §1; 2019 c.366 §1; 2021 c.351 §23]

 

      459A.702 Applicability of ORS 459A.700 to 459A.744. ORS 459A.700 to 459A.744 apply to:

      (1) Any individual, separate, sealed glass, metal or plastic bottle or can, except for a carton, foil pouch, drink box or metal container that requires a tool to be opened, that contains any one of the following beverages, intended for human consumption and in a quantity less than or equal to three liters:

      (a) Water or flavored water;

      (b) Beer or another malt beverage;

      (c) Mineral water, soda water or a similar carbonated soft drink;

      (d) Kombucha; or

      (e) Hard seltzer.

      (2) Any beverage other than those specified in subsection (1) of this section that is intended for human consumption and is in a quantity more than or equal to four fluid ounces and less than or equal to one and one-half liters, except distilled liquor, wine, dairy or plant-based milks, infant formula and any other exemptions set forth in rule by the Oregon Liquor and Cannabis Commission. [2011 c.277 §2; 2019 c.366 §2; 2021 c.351 §24]

 

      Note: The amendments to 459A.702 by section 8, chapter 80, Oregon Laws 2022, become operative July 1, 2025. See section 10, chapter 80, Oregon Laws 2022. The text that is operative on and after July 1, 2025, is set forth for the user’s convenience.

      459A.702. ORS 459A.700 to 459A.744 apply to:

      (1) Any individual, separate, sealed glass, metal or plastic bottle or can, except for a carton, foil pouch, drink box or metal container that requires a tool to be opened, that contains any one of the following beverages, intended for human consumption and in a quantity less than or equal to three liters:

      (a) Water or flavored water;

      (b) Beer or another malt beverage;

      (c) Mineral water, soda water or a similar carbonated soft drink;

      (d) Kombucha; or

      (e) Hard seltzer.

      (2) Wine in a can.

      (3) Any beverage other than those specified in subsections (1) and (2) of this section that is intended for human consumption and is in a quantity more than or equal to four fluid ounces and less than or equal to one and one-half liters, except distilled liquor, wine in a container other than a can, dairy or plant-based milks, infant formula and any other exemptions set forth in rule by the Oregon Liquor and Cannabis Commission.

 

      459A.705 Refund value. (1) Except as provided in subsections (2) and (3) of this section, every beverage container sold or offered for sale in this state shall have a refund value of not less than five cents.

      (2)(a) Every beverage container sold or offered for sale in this state shall have a refund value of not less than 10 cents, beginning on the later of:

      (A) Eight months after the Oregon Liquor and Cannabis Commission determines that, in each of the two previous calendar years, the number of beverage containers returned for the refund value specified in this section was less than 80 percent of the total number of beverage containers that were sold in this state; or

      (B) January 1 of the calendar year following the determination by the commission described in subparagraph (A) of this paragraph.

      (b) In making a determination under this subsection, the commission may not include the beverages described in ORS 459A.702 (2) before January 1, 2021.

      (3) Every beverage container certified as provided in ORS 459A.725, sold or offered for sale in this state, shall have a refund value of not less than two cents. [Formerly 459.820; 2011 c.277 §3; 2019 c.366 §3; 2021 c.351 §25]

 

      Note: The amendments to 459A.705 by section 9, chapter 80, Oregon Laws 2022, become operative July 1, 2025. See section 10, chapter 80, Oregon Laws 2022. The text that is operative on and after July 1, 2025, is set forth for the user’s convenience.

      459A.705. (1) Except as provided in subsections (2) and (3) of this section, every beverage container sold or offered for sale in this state shall have a refund value of not less than five cents.

      (2)(a) Every beverage container sold or offered for sale in this state shall have a refund value of not less than 10 cents, beginning on the later of:

      (A) Eight months after the Oregon Liquor and Cannabis Commission determines that, in each of the two previous calendar years, the number of beverage containers returned for the refund value specified in this section was less than 80 percent of the total number of beverage containers that were sold in this state; or

      (B) January 1 of the calendar year following the determination by the commission described in subparagraph (A) of this paragraph.

      (b) In making a determination under this subsection, the commission may not include the beverages described in ORS 459A.702 (3) before January 1, 2021.

      (3) Every beverage container certified as provided in ORS 459A.725, sold or offered for sale in this state, shall have a refund value of not less than two cents.

 

      459A.710 Practices required of dealers and distributors. Except as provided in ORS 459A.715:

      (1)(a) Except as provided in paragraph (b) of this subsection, a dealer may not refuse to accept from any person any empty beverage containers that contained the kind of beverage sold by the dealer, or refuse to pay to that person the refund value of a beverage container as established by ORS 459A.705.

      (b) A dealer that occupies a space of less than 5,000 square feet in a single area may refuse to accept from any person any empty beverage containers of the kind, size and brand that the dealer does not sell.

      (2) A distributor or importer may not refuse to accept from a dealer any empty beverage containers of the kind, size and brand sold by the distributor or importer, or refuse to pay the dealer the refund value of a beverage container as established by ORS 459A.705.

      (3) The manufacturer, distributor or importer of any beverage sold in this state shall ensure that all dealers or redemption centers in this state that redeem beverage containers are paid the refund value for those beverage containers and that those beverage containers are collected from the dealer or redemption center in a timely manner. [Formerly 459.830; 2007 c.303 §2]

 

      459A.711 Space occupied by dealer described. For purposes of ORS 459A.710 and 459A.715, the space that a dealer occupies equals the retail space if:

      (1) The retail space is less than 5,000 square feet;

      (2) The retail space occupies less than 50 percent of the leased or owned space where retail operations are located; and

      (3) The nonretail space is used in whole or in part for the manufacturing of beverages. [2019 c.373 §2]

 

      459A.712 Liability of manufacturer, distributor and importer for failure to pay refund value of beverage containers. Any manufacturer, distributor or importer that fails to pay to a dealer or redemption center the refund value of beverage containers and to collect beverage containers as required by ORS 459A.710 (3) is liable to the dealer or redemption center for treble the unpaid refund value and treble the collection costs incurred by the dealer or redemption center for any beverage containers that were not collected as required. [2007 c.303 §7]

 

      459A.715 Refusal of dealer or distributor to accept or pay refund in certain cases; notice. (1) A dealer may refuse to accept from any person, and a distributor or importer may refuse to accept from a dealer, any empty beverage container that does not state thereon a refund value as established by ORS 459A.705.

      (2) A dealer may refuse to accept and to pay the refund value of:

      (a) Empty beverage containers if the place of business of the dealer and the kind of empty beverage containers are included in an order of the Oregon Liquor and Cannabis Commission approving a full-service redemption center under ORS 459A.735.

      (b) Any beverage container visibly containing or contaminated by a substance other than water, residue of the original contents or ordinary dust.

      (c)(A) More than 144 individual beverage containers returned by any one person during one day, if the dealer occupies a space of 5,000 or more square feet in a single area.

      (B) More than 50 individual beverage containers returned by any one person during one day, if the dealer occupies a space of less than 5,000 square feet in a single area.

      (d) Any beverage container that is damaged to the extent that the brand appearing on the container cannot be identified.

      (3) The commission shall develop and provide to dealers notices that describe the reasons a dealer may refuse to accept and to pay the refund value for empty beverage containers under subsection (2) of this section. The notices may contain additional information as determined by the commission.

      (4) A dealer must post in each area where beverage containers are received a notice provided to the dealer under subsection (3) of this section. [Formerly 459.840; 1993 c.356 §1; 2003 c.761 §1; 2007 c.303 §§3,4; 2019 c.279 §5; 2021 c.351 §26; 2022 c.80 §5]

 

      459A.716 Return with intent to defraud. A person may not, with the intent to defraud, return for the refund value specified in ORS 459A.705 during one day 50 or more individual beverage containers that the person knows were not sold in this state. [2019 c.297 §2]

 

      459A.717 Civil penalties. (1) The Oregon Liquor and Cannabis Commission may impose a civil penalty of at least $50, but not more than $500, for a violation of any provision of ORS 459A.700 to 459A.744. Each day a violation occurs constitutes a separate violation. The authority to impose a civil penalty under this section is in addition to and not in lieu of the revocation and suspension authority under ORS 459.992 (5) and the criminal penalty authorized by ORS 459.992.

      (2) Notwithstanding subsection (1) of this section, if a dealer violates a provision of ORS 459A.738, or if a distributor or importer violates a provision of ORS 459A.718, the commission shall provide the dealer, distributor or importer with written notice informing the dealer, distributor or importer of the violation and stating that the dealer, distributor or importer may avoid civil penalty for the violation by curing the violation within 60 days after issuance of the notice. If the dealer, distributor or importer fails to cure the violation within 60 days after issuance of the notice, the commission shall impose a civil penalty of at least $200 for the violation. Each day after the 60-day period that the dealer continues to violate a provision of ORS 459A.738, or that the distributor or importer continues to violate a provision of ORS 459A.718, is a separate offense subject to a separate civil penalty. The commission is not required to provide the dealer, distributor or importer with an opportunity to cure a continuing violation before imposing a civil penalty for the continuing violation.

      (3)(a) Notwithstanding subsection (1) of this section, if a distributor violates the provisions of ORS 459A.732 (2), the commission shall provide the distributor with written notice informing the distributor of the violation and stating that the distributor may avoid civil penalty for the violation by curing the violation within 60 days after issuance of the notice. A distributor may cure the violation by becoming a participant in a distributor cooperative or by providing the services described in ORS 459A.732 (2). If the distributor fails to cure the violation, the commission shall impose a civil penalty in the amount described in paragraph (b) of this subsection for each day that the violation continues.

      (b)(A) For each day after the 60-day period beginning with the issuance of the notice under paragraph (a) of this subsection, the commission shall impose a civil penalty of at least $200 per day.

      (B) For each day after the 100-day period beginning with the issuance of the notice under paragraph (a) of this subsection, the commission shall impose a civil penalty of at least $400 per day.

      (C) For each day after the 200-day period beginning with the issuance of the notice under paragraph (a) of this subsection, the commission shall impose a civil penalty of at least:

      (i) $1,000 per day for a distributor that sold more than 500,000 but fewer than five million beverages in beverage containers in this state during the previous calendar year;

      (ii) $1,500 per day for a distributor that sold at least five million but fewer than 10 million beverages in beverage containers in this state during the previous calendar year; or

      (iii) $2,500 per day for a distributor that sold 10 million or more beverages in beverage containers in this state during the previous calendar year.

      (4) Civil penalties under this section shall be imposed as provided in ORS 183.745.

      (5) All penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund and are available for general governmental expenses. [2013 c.157 §2; 2015 c.724 §5; 2019 c.366 §5; 2021 c.351 §27; 2022 c.80 §4]

 

      459A.718 Distributor cooperatives; requirements; beverage container registry; compliance; report; rules. (1) Two or more distributors or importers may establish a distributor cooperative for the purposes of:

      (a) Collecting the refund value of beverage containers specified in ORS 459A.705 from distributors or importers and refunding to dealers the amount the dealers paid for the refund value of empty beverage containers;

      (b) Paying the refund value specified in ORS 459A.705 for beverage containers sold in this state;

      (c) Processing beverage containers sold in this state; and

      (d) Maintaining a registry of all beverage containers sold and redeemed in this state.

      (2) A distributor cooperative established under this section must service a majority of the dealers in this state.

      (3) If a distributor cooperative is established, a dealer that uses the distributor cooperative to redeem and process beverage containers sold in this state is not required to return beverage containers to a distributor or importer that does not participate in the distributor cooperative, provided that the dealer or the distributor cooperative provides an accounting to the distributor or importer of the beverage containers by brand and kind that were distributed by the distributor or importer and subsequently redeemed by the dealer or distributor cooperative.

      (4) Upon receipt of the accounting required by subsection (3) of this section, a distributor or importer that does not participate in the distributor cooperative must pay the refund value of the redeemed beverage containers specified in the accounting to the dealer or distributor cooperative that provided the accounting.

      (5) A distributor or importer that does not participate in a distributor cooperative to redeem and process beverage containers shall register with the distributor cooperative as a nonparticipating distributor or importer and shall report, in a form and manner as required by the distributor cooperative, information necessary for the distributor cooperative to maintain the beverage container registry described in subsection (6) of this section.

      (6) A distributor cooperative shall maintain a registry of all types of beverage containers sold and redeemed in this state for all registered entities that describes the beverage containers using the following information for each beverage container:

      (a) The name of the beverage contained in the beverage container as identified through the use of letters, words or symbols on the product label affixed to the beverage container;

      (b) The type of beverage contained in the beverage container using an appropriate categorization method for beverages as determined by the distributor cooperative;

      (c) The size of the beverage container;

      (d) Whether the beverage container is glass, metal or plastic; and

      (e) If applicable, the universal product code or European article number on the product label affixed to the beverage container.

      (7)(a) For purposes of this subsection, beverage container return data is the number of beverage containers returned for the refund value specified in ORS 459A.705 in Oregon during the calendar year and the number of beverage containers that carry a refund value specified in ORS 459A.705 sold in Oregon during the calendar year, calculated separately.

      (b) By July 1 of each calendar year, a distributor cooperative shall provide the Oregon Liquor and Cannabis Commission with a report that lists, in aggregate form:

      (A) For all distributors and importers that participate in the distributor cooperative, the previous calendar year’s beverage container return data, calculated separately for glass, metal and plastic beverage containers; and

      (B) The registry of all beverage containers sold and redeemed in this state during the previous calendar year.

      (c) By July 1 of each calendar year, a distributor or importer that does not participate in a distributor cooperative shall provide the commission with a report that lists the distributor’s or the importer’s beverage container return data for the previous calendar year, calculated separately for glass, metal and plastic beverage containers.

      (8)(a) By August 1 of each calendar year, using the beverage container return data provided in subsection (7)(b) of this section, the Oregon Liquor and Cannabis Commission shall calculate the previous calendar year’s percentage of beverage containers returned for the refund value specified in ORS 459A.705 for each distributor cooperative. The commission shall carry out the calculation separately for glass, metal and plastic beverage containers and shall post the percentages on the commission’s website.

      (b) By August 1 of each calendar year, using the beverage container return data provided in subsection (7)(c) of this section, the commission shall calculate the previous calendar year’s percentage of beverage containers returned for the refund value specified in ORS 459A.705 for each distributor or importer that does not participate in a distributor cooperative. The commission shall carry out the calculation separately for glass, metal and plastic beverage containers and shall post the percentages on the commission’s website.

      (c) By August 1 of each calendar year, using the beverage container return data provided in subsection (7)(b) and (c) of this section, the commission shall calculate the previous calendar year’s percentage of beverage containers returned for the refund value specified in ORS 459A.705 for all distributors and importers in Oregon. The commission shall carry out the calculation for all beverage containers, and separately for glass, metal and plastic beverage containers, and shall post the percentages on the commission’s website.

      (d) Except for the percentages described in paragraphs (a) to (c) of this subsection or in a proceeding under ORS 459A.717 for a violation of subsection (7) of this section, the commission may not disclose any information provided by a distributor, an importer or a distributor cooperative under subsection (7) of this section.

      (9)(a) In order to determine compliance with the provisions of subsection (7) of this section, within six months of the date that the commission receives a report described in subsection (7)(b) and (c) of this section, the commission may review or audit the records of each reporting distributor cooperative, or each reporting distributor or importer that does not participate in a distributor cooperative.

      (b)(A) If in the course of a review described in paragraph (a) of this subsection the commission determines that an audit of a distributor cooperative, distributor or importer is necessary, the commission shall require the distributor cooperative, distributor or importer to retain an independent financial audit firm to determine the accuracy of information contained in the report. The distributor cooperative, distributor or importer that is the subject of review shall pay the costs of the audit. The audit must be limited to the records described in paragraph (a) of this subsection.

      (B) The commission shall adopt rules to carry out the provisions of this paragraph.

      (10) No later than February 15 of each year, a distributor cooperative shall submit to the commission, and to the appropriate committees of the Legislative Assembly in the manner provided under ORS 192.245, a report that describes sites, options and access points added during the previous calendar year and expansion priorities for the current calendar year. The report must include a description of the distributor cooperative’s efforts to expand and enhance alternative redemption access opportunities for individuals who redeem containers on a daily or near daily basis. [2012 c.100 §2; 2013 c.157 §4; 2019 c.183 §1; 2021 c.351 §28; 2022 c.80 §6]

 

      459A.720 Indication of refund value; exception; prohibition of certain metal containers and plastic container holders. (1) Every beverage container sold or offered for sale in this state by a dealer shall clearly indicate by embossing or by a stamp, or by a label or other method securely affixed to the beverage container, the refund value of the container.

      (2) Subsection (1) of this section shall not apply to glass beverage containers designed for beverages having a brand name permanently marked thereon which, on October 1, 1972, had a refund value of not less than five cents.

      (3) No person shall sell or offer for sale at retail in this state any metal beverage container so designed and constructed that a part of the container is detachable in opening the container without the aid of a can opener.

      (4) On or after March 1, 1979, no person shall sell or offer for sale at retail in this state, in addition to beverages as defined in ORS 459A.700 (1), any beverage in liquid form intended for human consumption in any beverage container so designed and constructed that a metal part of the container is detachable in opening the container through use of a metal ring or tab without the aid of a can opener. However, nothing in this subsection shall prohibit the sale of a container the only detachable part of which is a piece of pressure sensitive tape.

      (5) No person shall sell or offer for sale at retail in this state metal beverage containers connected to each other by a separate holding device constructed of plastic rings or other material which will not decompose by photobiodegradation, chemical degradation, or biodegradation within 120 days of disposal. [Formerly 459.850]

 

      Note: Section 11, chapter 80, Oregon Laws 2022, provides:

      Sec. 11. On and after the operative date specified in section 10 of this 2022 Act [July 1, 2025] and until October 1, 2026:

      (1) The refund value paid for a can that contains wine as described in ORS 459A.702 shall be not less than 10 cents, regardless of the refund value, or lack of a refund value, indicated on the beverage container.

      (2) A can that contains wine may be sold or offered for sale in this state regardless of the refund value, or lack of a refund value, indicated on the beverage container, notwithstanding ORS 459A.720 (1). [2022 c.80 §11]

 

      459A.725 Certification of containers as reusable by more than one manufacturer; rules. (1) To promote the use in this state of reusable beverage containers of uniform design, and to facilitate the return of containers to manufacturers for reuse as a beverage container, the Oregon Liquor and Cannabis Commission may certify beverage containers which satisfy the requirements of this section.

      (2) A beverage container may be certified if:

      (a) It is reusable as a beverage container by more than one manufacturer in the ordinary course of business; and

      (b) More than one manufacturer will in the ordinary course of business accept the beverage container for reuse as a beverage container and pay the refund value of the container.

      (3) The commission may by rule establish appropriate liquid capacities and shapes for beverage containers to be certified or decertified in accordance with the purposes set forth in subsection (1) of this section.

      (4) A beverage container shall not be certified under this section if by reason of its shape or design, or by reason of words or symbols permanently inscribed thereon, whether by engraving, embossing, painting or other permanent method, it is reusable as a beverage container in the ordinary course of business only by a manufacturer of a beverage sold under a specific brand name. [Formerly 459.860; 2021 c.351 §29]

 

      459A.730 Decision upon certification applications; review and withdrawal of certifications. (1) Unless an application for certification under ORS 459A.725 is denied by the Oregon Liquor and Cannabis Commission within 60 days after the filing of the application, the beverage container shall be deemed certified.

      (2) The commission may review at any time certification of a beverage container. If after such review, with written notice and hearing afforded to the person who filed the application for certification under ORS 459A.725, the commission determines the container is no longer qualified for certification, it shall withdraw certification.

      (3) Withdrawal of certification shall be effective not less than 30 days after written notice to the person who filed the application for certification under ORS 459A.725 and to the manufacturers referred to in ORS 459A.725 (2). [Formerly 459.870; 2021 c.351 §30]

 

      459A.732 Requirements for certain distributors; fees. (1) The requirements of subsections (2) and (3) of this section apply to a distributor if:

      (a) The distributor does not participate in a distributor cooperative; and

      (b) The distributor sold more than 500,000 beverages in beverage containers in this state in the previous calendar year.

      (2) A distributor described in subsection (1) of this section shall establish a program to provide redemption services in the distributor’s distribution area that are comparable to services provided by a distributor cooperative in this state. Redemption services may include, but need not be limited to:

      (a) Operation of full-service redemption centers;

      (b) Drop-off service for beverage containers;

      (c) Retail pick-up service; and

      (d) Any other services required by the Oregon Liquor and Cannabis Commission by rule.

      (3)(a) A distributor described in subsection (1) of this section shall pay annually to the commission a fee in an amount equal to $3,000 multiplied by the number of full-service redemption centers operated in this state, regardless of the person that operates the full-service redemption center.

      (b) If the distributor operates a full-service redemption center, the distributor may satisfy its obligation to pay the annual registration fee described in ORS 459A.737 by paying the fee described in paragraph (a) of this subsection.

      (4) Fees collected by the commission under this section shall be deposited in the Bottle Bill Fund established under ORS 459A.744. [2022 c.80 §2]

 

      Note: 459A.732 and 459A.733 were added to and made a part of 459A.700 to 459A.744 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      459A.733 Fees for certain distributors; distributor cooperative fee. (1) A distributor described in subsection (2) of this section that does not participate in a distributor cooperative shall pay to the Oregon Liquor and Cannabis Commission the fee described in subsection (2) of this section for each calendar year, or part thereof, that the distributor sells beverages in beverage containers in this state. A distributor shall pay the fee no later than January 1 of the year following the year for which the fee applies.

      (2) The fee required under subsection (1) of this section is:

      (a) $25,000, for a distributor that sells at least 15,000 but not more than 500,000 beverages in beverage containers in this state during the calendar year.

      (b) $5,000, for a distributor that sells fewer than 15,000 beverages in beverage containers in this state during the calendar year.

      (3) Notwithstanding subsections (1) and (2) of this section, a distributor is not required to pay the fee described in subsection (2) of this section if, before December 31 of the year for which the fee applies, the distributor becomes a participant in a distributor cooperative.

      (4) A distributor cooperative shall pay to the commission a fee in an amount equal to $3,000 multiplied by the number of full-service redemption centers operated in this state by any person other than the distributor cooperative.

      (5) Fees collected by the commission under this section shall be deposited in the Bottle Bill Fund established under ORS 459A.744. [2022 c.80 §3]

 

      Note: See note under 459A.732.

 

      459A.735 Full-service redemption centers; application for approval; contents of approval order; notice. (1) To facilitate the return of empty beverage containers and to serve dealers of beverages, any person may establish a full-service redemption center, subject to the approval of the Oregon Liquor and Cannabis Commission, at which any person may return empty beverage containers and receive payment of the refund value of such beverage containers.

      (2) Application for approval of a full-service redemption center shall be filed with the commission. The application shall state the name and address of the person responsible for the establishment and operation of the full-service redemption center, the kind of beverage containers that will be accepted at the full-service redemption center, the names and addresses of the dealers to be served by the full-service redemption center and proposals for up to two convenience zones described in ORS 459A.738. The application shall include such additional information as the commission may require.

      (3) The commission shall approve a full-service redemption center if it finds the redemption center will provide a convenient service to persons for the return of empty beverage containers. The order of the commission approving a full-service redemption center shall state:

      (a) The location of the convenience zones specified by the commission under ORS 459A.738 (1);

      (b) The dealers within the convenience zones to be served by the full-service redemption center;

      (c) The dealers within the convenience zones not to be served by or not participating in the full-service redemption center;

      (d) The services to be provided by the redemption center and the equivalent services required to be provided under ORS 459A.738 (5) by a dealer that does not participate in, and is not served by, the full-service redemption center;

      (e) The kind of empty beverage containers that the full-service redemption center must accept;

      (f) Whether the full-service redemption center will be located in an area zoned for commercial use under state statute or local ordinance or will be located in an area that will provide more convenient service given the proximity of the location to the dealers within the convenience zones to be served by the full-service redemption center; and

      (g) Such other provisions to ensure that the full-service redemption center will provide a convenient service to the public as the commission may determine.

      (4) A full-service redemption center approved by the commission under this section is not a recycling depot for purposes of ORS 90.318, 459A.007, 459A.010, 459A.050 or 459A.080.

      (5)(a) No later than five days after approving a full-service redemption center under subsection (3) of this section, the commission shall provide written notice to each dealer that is identified in the order approving the full-service redemption center as a dealer within the convenience zones not to be served by or not participating in the full-service redemption center.

      (b) The notice required under this subsection shall include:

      (A) All information required to be in the order approving the full-service redemption center under subsection (3) of this section; and

      (B) Notice of the provisions of ORS 459A.738 that are applicable to the dealer receiving the notice.

      (6) The commission may review at any time approval of a full-service redemption center. After written notice to the person responsible for the establishment and operation of the full-service redemption center, and to the dealers served by the full-service redemption center, the commission may, after hearing, withdraw approval of a full-service redemption center if the commission finds there has not been compliance with its order approving the full-service redemption center, or if the full-service redemption center no longer provides a convenient service to the public. [Formerly 459.880; 2007 c.303 §5; 2013 c.106 §3; 2015 c.724 §1; 2019 c.279 §6; 2021 c.351 §31]

 

      459A.737 Full-service redemption centers; registration; fees; rules. (1) Pursuant to the provisions of ORS 459A.735, the Oregon Liquor and Cannabis Commission:

      (a) Shall approve one full-service redemption center in a city having a population of less than 300,000, operated by a distributor cooperative serving a majority of the dealers in this state; and

      (b) May approve one or more additional full-service redemption centers.

      (2) Notwithstanding any other provision of ORS 459A.700 to 459A.744, a full-service redemption center:

      (a) May not refuse to accept and to pay the refund value of up to 350 individual empty beverage containers, as established by ORS 459A.705, returned by any one person during one day;

      (b) Must provide hand counting of up to 50 individual empty beverage containers returned by any one person during one day for the refund value established by ORS 459A.705;

      (c) May provide drop off service for at least 125 individual empty beverage containers returned by any one person during one day for the refund value established by ORS 459A.705, and may provide an accounting mechanism by which the person may redeem the refund value of the beverage containers at a later date; and

      (d) May provide other services as determined necessary by the person responsible for the operation of the full-service redemption center.

      (3)(a) By July 1 of each calendar year, a person responsible for the operation of one or more full-service redemption centers shall register with the commission, for a period to cover the upcoming year, on a form provided by the commission. The registration shall include:

      (A) A list of each full-service redemption center that the person is responsible for operating during the upcoming year and the address of each full-service redemption center; and

      (B) Any other information required by the commission to process the registration.

      (b)(A) Each person responsible for the operation of one or more full-service redemption centers shall pay an annual registration fee to the commission. The fee shall be paid at the time of registration under paragraph (a) of this subsection. The registration fee shall be $3,000 for each full-service redemption center that the person is responsible for operating.

      (B) The registration fee established by subparagraph (A) of this paragraph does not apply to the operation of a dealer redemption center.

      (c) Fees collected by the commission under this subsection shall be deposited in the Bottle Bill Fund established under ORS 459A.744.

      (4) The commission may adopt all rules necessary to implement and administer the provisions of this section and ORS 459A.738 and 459A.741. [2011 c.277 §5; 2013 c.106 §2; 2015 c.724 §2; 2019 c.279 §7; 2019 c.366 §§6,6a; 2021 c.351 §32]

 

      459A.738 Convenience zones. (1) For each full-service redemption center, the Oregon Liquor and Cannabis Commission shall specify up to two convenience zones. The first convenience zone shall be the sector within a radius of not more than two miles around the full-service redemption center. The second convenience zone shall be the sector beginning at the border of the first convenience zone and continuing to a radius of not more than three and one-half miles around the full-service redemption center. The convenience zones shall be based to the greatest extent practicable upon the proposals submitted as part of the application for approval of the full-service redemption center under ORS 459A.735.

      (2) All dealers doing business within the first convenience zone that occupy a space of 5,000 or more square feet in a single area may participate in, be served by and be charged the cost of participation in the full-service redemption center and, if such a dealer participates in, is served by and pays the cost of participation in the full-service redemption center, the dealer may, notwithstanding any other provision of ORS 459A.700 to 459A.744, refuse to accept and to pay the refund value of empty beverage containers.

      (3) All dealers doing business within the second convenience zone that occupy a space of 5,000 or more square feet in a single area may participate in, be served by and be charged the cost of participation in the full-service redemption center and, if such a dealer participates in, is served by and pays the cost of participation in the full-service redemption center, the dealer may, notwithstanding any other provision of ORS 459A.700 to 459A.744, refuse to accept and to pay the refund value of more than 24 individual empty beverage containers returned by any one person during one day.

      (4) All dealers doing business within either convenience zone that occupy a space of less than 5,000 square feet in a single area may, notwithstanding any other provision of ORS 459A.700 to 459A.744, refuse to accept and to pay the refund value of more than 24 individual empty beverage containers returned by any one person during one day.

      (5)(a) Any dealer doing business within either convenience zone that occupies a space of 5,000 or more square feet in a single area that does not participate in, and is not served by, the full-service redemption center may not refuse to accept and to pay the refund value of up to 350 individual empty beverage containers, as established by ORS 459A.705, returned by any one person during one day and must, beginning on the date that the full-service redemption center begins accepting beverage containers, provide services equivalent to those provided by the redemption center under ORS 459A.737 (2), including hand counting and drop off service.

      (b) In addition to complying with the requirements specified in paragraph (a) of this subsection, a dealer described in paragraph (a) of this subsection must:

      (A) Post in each area where beverage containers are received a clearly visible and legible sign that contains the list of services that must be provided by the dealer; and

      (B) Provide two automated reverse vending machines capable of processing metal, plastic and glass beverage containers, or one automated reverse vending machine capable of processing metal, plastic and glass beverage containers for each 500,000 beverage containers sold by the dealer in the previous calendar year, whichever is greater.

      (c)(A) The provisions of paragraphs (a) and (b) of this subsection do not apply to a dealer described in paragraph (a) of this subsection if the dealer sold fewer than 100,000 beverage containers in the previous calendar year. To be eligible for the exemption under this paragraph, a dealer described in paragraph (a) of this subsection must report to the commission the number of beverage containers sold by the dealer in the previous calendar year.

      (B) The report required under this paragraph must be submitted by a dealer:

      (i) Except as provided in subsection (6) of this section, no later than 60 days after issuance of the notice required under ORS 459A.735 (5); and

      (ii) No later than January 1 of each calendar year following the year that the notice under ORS 459A.735 (5) was issued and for which the dealer intends to claim the exemption.

      (d) The commission shall ensure compliance with this subsection by a dealer described in paragraph (a) of this subsection that is not subject to an exemption under paragraph (c) of this subsection.

      (6) A dealer that plans to begin doing business within either convenience zone after the date that the full-service redemption center associated with the convenience zone begins accepting beverage containers shall, not less than 60 days prior to the date that the dealer begins doing business:

      (a) Provide notice to the commission explaining whether the dealer will or will not participate in, be served by and pay the cost of participation in the full-service redemption center; and

      (b) If the dealer will not participate in the redemption center and will claim an exemption under subsection (5)(c) of this section, provide documentation of compliance with the requirements for nonparticipating dealers under this section and an estimate of the number of beverage containers that the dealer expects to sell during the first calendar year that the dealer does business within the convenience zone.

      (7) The provisions of subsections (2) to (6) of this section do not apply to any dealer for which the driving distance from the place of business of the dealer to the full-service redemption center, calculated using the shortest route, is more than two times the radius specified for the second convenience zone or, if only one convenience zone is specified by the commission, two times the radius specified for that convenience zone.

      (8) Not more than 60 days after issuance of notice from the commission under ORS 459A.735 (5), a dealer shall provide the commission with written documentation confirming compliance with each of the requirements of this section that are applicable to the dealer receiving notice. [2015 c.724 §3; 2019 c.279 §8; 2019 c.366 §9; 2021 c.351 §33]

 

      459A.739 [2015 c.724 §4; 2019 c.13 §51; renumbered 459A.742 in 2019]

 

      459A.740 [Formerly 459.890; renumbered 459A.743 in 2019]

 

      459A.741 Dealer redemption centers. (1) Any person may establish a dealer redemption center to serve one or more dealers doing business in an area that is not part of a convenience zone specified by the Oregon Liquor and Cannabis Commission under ORS 459A.738.

      (2) Notwithstanding any other provision of ORS 459A.700 to 459A.744, a dealer redemption center must:

      (a) Provide secure drop off service at no charge for empty beverage containers to be returned by any person for the refund value established by ORS 459A.705 in a bag or other bulk return container sold for that purpose;

      (b) Provide an accounting mechanism by which a person may redeem the refund value of beverage containers returned in bulk either immediately in cash from a dealer participating in the dealer redemption center or no later than one week after the beverage containers are dropped off;

      (c) Be serviced by a distributor cooperative for purposes of transporting and processing redeemed beverage containers;

      (d) Be available for persons to return beverage containers to the dealer redemption center during any time that a participating dealer is open between the hours of 8 a.m. and 8 p.m.; and

      (e) Be of a sufficient capacity to provide convenient service to the public as the commission may determine.

      (3) A dealer redemption center may provide services other than those specified in subsection (2) of this section as determined necessary by the person responsible for operation of the dealer redemption center.

      (4) A distributor cooperative that services dealer redemption centers shall:

      (a) Provide notice to the commission no later than 14 days after the date that a dealer redemption center:

      (A) Begins providing drop off service to persons for the return of empty beverage containers; or

      (B) Ceases operations; and

      (b) Annually provide to the commission the names and addresses of the dealers served by all dealer redemption centers serviced by the distributor cooperative, and such additional information as the commission may require.

      (5)(a) A dealer that participates in, is served by and pays the cost of participation in a dealer redemption center may, notwithstanding any other provision of ORS 459A.700 to 459A.744, refuse to accept and to pay the refund value of more than 24 individual empty beverage containers returned by any one person during one day.

      (b) If a dealer redemption center is established in a city having a population of less than 10,000 people, the Oregon Liquor and Cannabis Commission shall specify a dealer redemption center convenience zone. The dealer redemption center convenience zone shall be the sector within a radius of not more than one mile around the dealer redemption center. Any dealer doing business within a dealer redemption center convenience zone may participate in, be served by and pay the cost of participation in the dealer redemption center and receive the benefit provided for in paragraph (a) of this subsection. [2019 c.279 §3; 2021 c.351 §34]

 

      459A.742 Inspection authority. In addition to the authority granted under ORS 459.992, inspectors and investigators employed by the Oregon Liquor and Cannabis Commission have authority to inspect any space occupied by a dealer for compliance with ORS 459A.738. [Formerly 459A.739; 2021 c.351 §35]

 

      459A.743 Certification and withdrawal procedures. The procedures for certification or withdrawal provided for in ORS 459A.725 to 459A.735 shall be in accordance with ORS chapter 183. [Formerly 459A.740]

 

      459A.744 Bottle Bill Fund. The Bottle Bill Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Bottle Bill Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Oregon Liquor and Cannabis Commission and may be used to pay the costs of the commission in carrying out the duties of the commission under ORS 459A.700 to 459A.744. [2019 c.366 §8; 2021 c.351 §36]

 

EDUCATION

 

      459A.750 Recycling and waste reduction component of curriculum; teacher’s guide; informational materials. (1) By January 1, 1995, the Department of Education, in cooperation with the Department of Environmental Quality, shall integrate a recycling and waste reduction component into a required curriculum for all Oregon students in grades kindergarten through 12.

      (2) The Department of Environmental Quality, in cooperation with the Department of Education, as appropriate in paragraphs (a) and (c) of this subsection, shall provide statewide promotion, education and technical assistance to local government units and schools in each wasteshed to increase participation in recycling. The assistance provided shall include but need not be limited to:

      (a) Developing a current teacher’s guide which shall be supplied to every school in the state for use in complying with this section. The Department of Environmental Quality shall update, revise and replace the teacher’s guide at least once every four years as necessary to keep the teacher’s guide current and effective. The teacher’s guide also shall be available to local government units and recycling educators upon request. The Department of Environmental Quality shall participate each year as requested in teacher in-service workshops to present and facilitate use of the teacher’s guide.

      (b) Providing professionally produced informational materials including but not limited to camera-ready art and recycling and waste reduction copy for use by local government units, schools or recycling educators in each wasteshed for public information correspondence, brochures, flyers, newsletters and news releases, camera-ready newspaper public service advertisements and two annual workshops on recycling and waste reduction education and promotion, one to be held within and one to be held outside, the Portland metropolitan area. The Department of Environmental Quality shall revise the material annually to keep the information presented current and effective.

      (c) Providing professionally produced instructional audiovisual materials to each school in the state to be used as part of the school’s recycling and waste reduction education component. The audiovisual materials shall be appropriate to the grade level of the school to which they are supplied and shall be reviewed every two years and updated as necessary to keep the information presented current and effective. The materials also shall be available to local government units and recycling educators upon request. [1991 c.385 §35; 1993 c.560 §101]

 

      Note: 459A.750 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 459A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

CHECKOUT BAGS

 

      459A.755 Definitions. As used in this section and ORS 459A.757 and 459A.759:

      (1) “Garment bag” means a large bag that incorporates a hanger on which garments may be hung to prevent wrinkling during travel or storage.

      (2) “Local provision” means a charter provision, ordinance, resolution or other provision adopted by a city, county or other local government, as defined in ORS 174.116.

      (3) “Nonwood renewable fiber” means plant-based fiber other than fiber derived from a tree.

      (4) “Recycled paper checkout bag” means a paper bag that contains:

      (a) At least 40 percent post-consumer recycled fiber;

      (b) At least 40 percent nonwood renewable fiber; or

      (c) A combination of post-consumer recycled fiber and nonwood renewable fiber that totals at least 40 percent.

      (5) “Restaurant” means an establishment where the primary business is the preparation of food or drink:

      (a) For consumption by the public;

      (b) In a form or quantity that is consumable then and there, whether or not it is consumed within the confines of the place where prepared; or

      (c) In consumable form for consumption outside the place where prepared.

      (6) “Retail establishment” means a store that sells or offers for sale goods at retail and that is not a restaurant.

      (7) “Reusable fabric checkout bag” means a bag with handles that is specifically designed and manufactured for multiple reuse and is made of cloth or other machine-washable fabric.

      (8) “Reusable plastic checkout bag” means a bag with handles that is specifically designed and manufactured for multiple reuse and is made of durable plastic that is at least four mils thick.

      (9)(a) “Single-use checkout bag” means a bag made of paper, plastic or any other material that is provided by a retail establishment to a customer at the time of checkout, and that is not a recycled paper checkout bag, a reusable fabric checkout bag or a reusable plastic checkout bag.

      (b) “Single-use checkout bag” does not mean:

      (A) A bag that is provided by a retail establishment to a customer at a time other than the time of checkout, including but not limited to bags provided to:

      (i) Package bulk items such as fruit, vegetables, nuts, grains, greeting cards or small hardware items, including nails, bolts or screws;

      (ii) Contain or wrap frozen food, meat, fish, flowers, a potted plant or another item for the purpose of addressing dampness or sanitation;

      (iii) Contain unwrapped prepared food or a bakery good; or

      (iv) Contain a prescription drug;

      (B) A newspaper bag, door hanger bag, garment bag, laundry bag or dry cleaning bag; or

      (C) A bag sold in a package containing multiple bags for uses such as food storage, garbage containment or pet waste collection. [2019 c.434 §1; 2021 c.28 §1]

 

      Note: 459A.755 to 459A.759 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 459A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      459A.757 Prohibition on provision of certain checkout bags; exceptions. (1) Except as provided in subsection (2) of this section, a retail establishment may not provide:

      (a) Single-use checkout bags to customers.

      (b) Recycled paper checkout bags, reusable fabric checkout bags or reusable plastic checkout bags to customers unless the retail establishment charges not less than five cents for each recycled paper checkout bag, reusable fabric checkout bag or reusable plastic checkout bag.

      (2) A retail establishment may provide:

      (a) Reusable fabric checkout bags at no cost to customers as a promotion on 12 or fewer days in a calendar year.

      (b) Recycled paper checkout bags or reusable plastic checkout bags at no cost to customers who:

      (A) Use a voucher issued under the Women, Infants and Children Program established under ORS 413.500.

      (B) Use an electronic benefits transfer card issued by the Department of Human Services.

      (3) Except as provided in subsection (4) of this section, a restaurant may not provide:

      (a) Single-use checkout bags to customers.

      (b) Reusable plastic checkout bags to customers unless the restaurant charges not less than five cents for each reusable plastic checkout bag.

      (4) A restaurant may provide:

      (a) Recycled paper checkout bags at no cost to customers.

      (b) Reusable plastic checkout bags at no cost to customers who use an electronic benefits transfer card issued by the Department of Human Services. [2019 c.434 §2]

 

      Note: See note under 459A.755.

 

      459A.759 State preemption of certain local provisions. To prohibit or limit the use of recycled paper checkout bags, reusable fabric checkout bags, reusable plastic checkout bags or single-use checkout bags by a restaurant or retail establishment, a city, county or other local government, as defined in ORS 174.116:

      (1) May adopt a local provision that establishes definitions, requirements and restrictions that are identical to the definitions, requirements and restrictions established by ORS 459A.755 and 459A.757.

      (2) May amend a local provision that was in effect before January 1, 2020, so the local provision establishes definitions, requirements and restrictions that are identical to the definitions, requirements and restrictions established by ORS 459A.755 and 459A.757.

      (3) May adopt, amend or enforce a local provision to impose a penalty other than the penalty established by ORS 459.993. A restaurant or retail establishment may be charged with a violation under either the local provision or ORS 459.993, but not both.

      (4) May not adopt or enforce a local provision that establishes definitions, requirements or restrictions that are not identical to the definitions, requirements and restrictions established by ORS 459A.755 and 459A.757.

      (5) Notwithstanding subsection (4) of this section, may adopt, amend or enforce a local provision to require a restaurant or retail establishment to charge a fee of more than five cents under provisions otherwise identical to ORS 459A.757 (1)(b) and (3)(b). [2019 c.434 §3]

 

      Note: Sections 5 and 6, chapter 434, Oregon Laws 2019, provide:

      Sec. 5. (1) The Department of Environmental Quality shall produce a report on the impacts of sections 2 [459A.757] and 3 [459A.759] of this 2019 Act that assesses, in retail establishments that primarily sell groceries:

      (a) Collection of the fee described in section 2 (1)(b) of this 2019 Act; and

      (b) Customers’ use of recycled paper checkout bags, reusable fabric checkout bags and reusable plastic checkout bags.

      (2) No later than September 15, 2024, retail establishments that primarily sell groceries shall provide to the department the information described in subsection (1) of this section.

      (3) No later than September 15, 2025, the department shall submit the report described in subsection (1) of this section, in the manner provided by ORS 192.245, to an interim committee of the Legislative Assembly related to the environment. [2019 c.434 §5]

      Sec. 6. Section 5 of this 2019 Act is repealed on December 31, 2025. [2019 c.434 §6]

 

      Note: See note under 459A.755.

 

FOOD PACKAGING REGULATION

 

      459A.775 “State agency” defined. As used in ORS 459A.775 to 459A.785, “state agency” means any state officer, department, board, commission or court created by the Constitution or statutes of this state, including the Legislative Assembly, its committees, officers and employees. [Formerly 468.967]

 

      Note: 459A.775 to 459A.785 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 459A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      459A.780 Prohibition against purchase or use of nonbiodegradable and nonrecyclable food packaging; exemptions. (1) A state agency may not purchase any product to be used for packaging food if the product is composed of material that is not either biodegradable or recyclable through an existing effective recycling program.

      (2) A vendor who leases space from a state agency shall not sell food in, or use for food packaging, any product containing or composed of material that is not either biodegradable or recyclable through an existing, effective recycling program.

      (3) Notwithstanding subsections (1) and (2) of this section, the Environmental Quality Commission may exempt specific products from the requirements of subsections (1) and (2) of this section if the applicant for the exemption demonstrates:

      (a) There is no acceptable alternative for the product; and

      (b) Compliance with the conditions of subsections (1) and (2) of this section would cause undue hardship. [Formerly 468.968]

 

      Note: See note under 459A.775.

 

      459A.785 Effective recycling program; standards for determining. The Department of Environmental Quality shall establish percentages of plastic material that must be recycled before a recycling program is considered an effective recycling program. In establishing the percentages the department:

      (1) Shall establish percentages for each different type of plastic resin;

      (2) Shall require that at least 15 percent of each plastic resin type be recycled statewide in 1992; and

      (3) May not establish a required percentage of more than 75 percent before December 31, 1999. [Formerly 468.969]

 

      Note: See note under 459A.775.

 

ARCHITECTURAL PAINT STEWARDSHIP PROGRAM

 

      459A.820 Findings. The Legislative Assembly finds that it is in the best interest of this state for architectural paint manufacturers to finance and manage an environmentally sound, cost-effective architectural paint stewardship program, undertaking responsibility for the development and implementation of strategies to reduce the generation of post-consumer architectural paint, promote the reuse of post-consumer architectural paint and collect, transport and process post-consumer architectural paint for end-of-product-life management, including reuse, recycling, energy recovery and disposal. [2009 c.777 §1; 2015 c.27 §50]

 

      Note: 459A.820 to 459A.855 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 459A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      459A.822 Definitions for ORS 459A.820 to 459A.855. As used in ORS 459A.820 to 459A.855:

      (1)(a) “Architectural paint” means interior and exterior architectural coatings sold in containers of five gallons or less.

      (b) “Architectural paint” does not mean industrial, original equipment or specialty coatings.

      (2) “Architectural paint stewardship assessment” means the amount added to the purchase price of architectural paint sold in this state to cover the cost of collecting, transporting and processing the post-consumer architectural paint managed through a statewide architectural paint stewardship program.

      (3) “Cost per gallon” means the total cost to a stewardship organization, including the amounts held in unallocated reserve funds, of an architectural paint stewardship program during a calendar year divided by the total number of gallons of post-consumer architectural paint collected during the same calendar year.

      (4) “Distributor” means a company that has a contractual relationship with one or more producers to market and sell architectural paint to retailers in this state.

      (5) “Energy recovery” means recovery in which all or a part of the solid waste materials of architectural paint are processed to use the heat content or other forms of energy from the solid waste materials.

      (6) “Environmentally sound management practices” means policies and practices that are to be implemented by a stewardship organization, or by contractors working for a stewardship organization, to ensure compliance with all applicable laws related to the collection, storage, transportation, reuse, recycling and disposal of post-consumer architectural paint and that address:

      (a) Adequate record keeping;

      (b) The tracking and documentation of the fate of post-consumer architectural paint within this state and outside this state; and

      (c) Adequate environmental liability coverage for professional services and for the operations of contractors working for a stewardship organization.

      (7)(a) “Permanent collection site” means a collection site for post-consumer architectural paint at a fixed location with regular hours of operation.

      (b) “Permanent collection site” does not mean collection events.

      (8) “Post-consumer architectural paint” means architectural paint not used and no longer wanted by its purchaser.

      (9) “Premium service” means the curbside collection of post-consumer architectural paint by local governments as defined in ORS 174.116, a collection service franchise holder under ORS 459A.085 or any person authorized by a local government to provide collection service as defined in ORS 459.005 (3), which is included in rates for the curbside collection paid by the customers.

      (10) “Producer” means a person that manufactures architectural paint that is sold or offered for sale in this state.

      (11)(a) “Recycling” means any process by which discarded products, components and by-products are transformed into new usable or marketable materials in a manner in which the products may lose their original composition.

      (b) “Recycling” does not include energy recovery or energy generation by means of combusting discarded products, components and by-products with or without other waste products from post-consumer architectural paint.

      (12) “Recycling rate” means the percentage of the total amount of latex post-consumer architectural paint collected by a stewardship organization in a calendar year that is recycled during the same calendar year.

      (13) “Retailer” means any person that sells or offers for sale architectural paint at retail in this state.

      (14) “Reuse” means the return of a product into the economic stream for use in the same kind of application intended for the use of the product, without a change in the product’s original composition or packaging.

      (15) “Sell” or “sale” means any transfer of title for consideration, including remote sales conducted through sales outlets, catalogs or the Internet or through any other similar electronic means.

      (16) “Stewardship organization” means a corporation, nonprofit organization or other legal entity created by a producer or group of producers to implement an architectural paint stewardship program as described in ORS 459A.820 to 459A.855. [2009 c.777 §2; 2013 c.677 §1]

 

      Note: See note under 459A.820.

 

      459A.825 Participation in architectural paint stewardship program. (1) A producer or retailer may not sell or offer for sale architectural paint to any person in this state unless the producer is participating in an approved statewide architectural paint stewardship program organized by a stewardship organization. A retailer is in compliance with this subsection if, on the date the architectural paint was ordered from the producer or its agent, the website maintained by the Department of Environmental Quality lists the producer, along with the producer’s product brand, as participating in an approved architectural paint stewardship program.

      (2)(a) A stewardship organization must provide retailers selling or offering for sale architectural paint with information on available collection opportunities for post-consumer architectural paint offered through the organization’s architectural paint stewardship program.

      (b) A retailer that sells or offers for sale architectural paint must provide the information described in paragraph (a) of this subsection to the consumer at the time of sale. [2009 c.777 §3; 2013 c.677 §2]

 

      Note: See note under 459A.820.

 

      459A.827 Plan for architectural paint stewardship program; requirements; exemptions; assessment. (1) A stewardship organization must submit a plan for a statewide architectural paint stewardship program to the Director of the Department of Environmental Quality for approval under ORS 459A.832. The plan must address the requirements set forth in subsections (2) and (4) of this section.

      (2) The plan must:

      (a) Specify educational and outreach activities and materials that promote the architectural paint stewardship program. Educational and outreach materials must include, but are not limited to, signage, written materials and templates of materials for reproduction by retailers to be provided to the consumer at the time of sale. The materials must:

      (A) Identify collection opportunities for post-consumer architectural paint;

      (B) Explain the architectural paint stewardship assessment described in this section; and

      (C) Promote:

      (i) A reduction in the generation of post-consumer architectural paint; and

      (ii) The reuse, recovery and recycling of post-consumer architectural paint.

      (b) Specify activities related to the establishment and maintenance of a convenient system for the collection of post-consumer architectural paint as described in ORS 459A.830.

      (c) Establish and provide for the development and implementation of goals to reduce the generation of post-consumer architectural paint, including goals for:

      (A) Reducing the amount of post-consumer architectural paint that is generated in this state;

      (B) Increasing the recycling rate for latex paint; and

      (C) Increasing public awareness of the architectural paint stewardship program.

      (d) Promote the reuse of post-consumer architectural paint.

      (e) Undertake the responsibility of negotiating and executing contracts to collect, transport, recycle and process post-consumer architectural paint for end-of-product-life management that includes recycling, energy recovery and disposal.

      (f) Describe how the end-of-product-life management of post-consumer architectural paint that is collected under the program will use environmentally sound management practices that are consistent with ORS 459.015 (2).

      (g) Reflect compliance by the stewardship organization with ORS 459A.825.

      (3) The director may exempt a stewardship organization from one or more of the activities specified in subsection (2) of this section if the director determines that the activity is impracticable or is unlikely to further the provisions of ORS 459A.820 to 459A.855.

      (4) In addition to the requirements specified in subsection (2) of this section, the plan must also:

      (a) Identify each producer participating in the program.

      (b) Identify the participating brands of architectural paint sold in this state.

      (c) Identify the processors that manage the post-consumer architectural paint that is collected under the program.

      (d) Identify the transporters of post-consumer architectural paint that is collected under the program.

      (e) Include an anticipated annual operating budget for the program for the next four calendar years, beginning with the year in which the plan is submitted to the director, as described in subsection (5) of this section.

      (f) Include a funding mechanism whereby each architectural paint producer remits to the stewardship organization payment of an architectural paint stewardship assessment for each container of architectural paint the producer sells in this state. The architectural paint stewardship assessment must be added to the cost of all architectural paint sold to Oregon retailers and distributors, and each Oregon retailer or distributor shall add the assessment to the purchase price of all architectural paint sold in this state. The architectural paint stewardship assessment may not be described as an Oregon recycling fee at the point of retail, and a fee may not be charged to the consumer at the point of collection of post-consumer architectural paint. To ensure that the funding mechanism is equitable and sustainable, a uniform architectural paint stewardship assessment must be established for all architectural paint sold in this state. The architectural paint stewardship assessment must be approved by the director as part of the plan and must be sufficient to recover, but not exceed, the costs of the architectural paint stewardship program.

      (5) The budget required under subsection (4) of this section shall include, but not be limited to, budget line items relating to:

      (a) The development and implementation of the educational and outreach activities and materials required under subsection (2)(a) of this section and the provision of information to retailers required under ORS 459A.825;

      (b) The collection, transportation and processing of post-consumer architectural paint as part of the program;

      (c) The administrative costs of the program to the stewardship organization;

      (d) The anticipated amount of moneys that the stewardship organization will hold in unallocated reserve funds for the program;

      (e) The administrative fees paid to the Department of Environmental Quality under ORS 459A.852; and

      (f) Any additional budgetary information requested by the director that is necessary for the director to approve the plan. [2009 c.777 §4; 2013 c.677 §3]

 

      Note: See note under 459A.820.

 

      459A.830 Collection system for post-consumer architectural paint; requirements; exemptions. (1) The convenient system for the collection of post-consumer architectural paint required under ORS 459A.827 (2) must ensure that:

      (a) One permanent collection site exists for every 30,000 residents in this state.

      (b) Ninety-five percent of the residents in this state are within 15 miles of a permanent collection site.

      (c) For those geographically underserved areas where the population is not within 15 miles of a permanent collection site, at least one but no more than two collection events are held per year in each geographically underserved area.

      (2) A stewardship organization is not required to comply with subsection (1)(b) of this section for a given geographic area if the stewardship organization is able to demonstrate that, after a good faith effort:

      (a) The stewardship organization has been unable to identify an appropriate local government as defined in ORS 174.116, collection service franchise holder under ORS 459A.085, person who provides collection service as defined in ORS 459.005 (3), or a retailer, in the geographic area to coordinate with to establish a permanent collection site; or

      (b) The stewardship organization cannot reach feasible, reasonable and mutually agreeable terms with the appropriate local government, collection service franchise holder, person who provides collection service, or a retailer, in the geographic area for participation in the program as a permanent collection site.

      (3) A stewardship organization shall make a good faith effort to coordinate with the appropriate local government, collection service franchise holder or person who provides collection service for the promotion of and payment for a collection event under subsection (1)(c) of this section. If, after a good faith effort, the stewardship organization is unable to coordinate with the appropriate local government, collection service franchise holder or person who provides collection service, the stewardship organization shall promote and pay for the collection event.

      (4) A stewardship organization is not required to comply with subsection (1)(c) of this section for a given geographic area if the Director of the Department of Environmental Quality agrees with the stewardship organization that holding a collection event in that area will not be practicable or effective.

      (5) For purposes of this section, a stewardship organization shall renegotiate a contract for the establishment of a permanent collection site once every two years unless another time frame is agreed to by the contracting parties. [2013 c.677 §4]

 

      Note: See note under 459A.820.

 

      459A.832 Approval or denial of new or updated plans for architectural paint stewardship programs. (1) The Director of the Department of Environmental Quality shall approve, deny or request additional information on a new or updated plan or a plan amendment no later than 60 days after the date the director receives the plan or amendment from the stewardship organization.

      (2) If the director rejects, or requests additional information for, the new plan, updated plan or amendment, the director must provide the stewardship organization with the reasons in writing. The stewardship organization shall have 60 days from the date that the rejection or request for additional information is received to submit to the director any additional information necessary for the approval of the new plan, updated plan or amendment.

      (3) The director’s rejection of, or request for additional information for, an updated plan or amendment submitted under this section does not relieve the stewardship organization from continuing to implement the architectural paint stewardship program in compliance with the approved plan pending a final action by the director on the updated plan or amendment.

      (4)(a) Beginning no later than two months after a new plan, updated plan or amended plan is approved under this section, a stewardship organization must implement an architectural paint stewardship program as described in the new, updated or amended plan.

      (b) A stewardship organization may enter into contracts with local governments as defined in ORS 174.116, a collection service franchise holder under ORS 459A.085 or any person who provides collection service as defined in ORS 459.005 (3) in order to implement a program under this subsection. In negotiating a contract with a local government, collection service franchise holder or person who provides collection service, terms of the contract may include, but are not limited to:

      (A) The coverage of costs for accepting post-consumer architectural paint and paint containers into the program through permanent collection sites and collection events;

      (B) The processing of post-consumer architectural paint at the permanent collection site; or

      (C) The transportation, recovery and disposal of post-consumer architectural paint.

      (5) Nothing in this section shall be construed to limit the power of a local government, a collection service franchise holder, or any person authorized by a local government to provide collection service, to offer premium service. [2013 c.677 §6]

 

      Note: See note under 459A.820.

 

      459A.835 Approval for amendment or update to plan for architectural paint stewardship program. (1) A stewardship organization must submit to the Director of the Department of Environmental Quality for approval an amendment to a plan or updated plan that has been approved by the director under ORS 459A.832 if, at any time:

      (a) The stewardship organization makes a change to the architectural paint stewardship assessment that was approved by the director as part of the plan;

      (b) The stewardship organization makes a change to the types of post-consumer architectural paint that will be collected by the stewardship organization under the plan;

      (c) The stewardship organization makes a change to the goals that were approved by the director as part of the plan; or

      (d) The director requests an amendment to the plan in order to address a specific finding by the director that:

      (A) The administrative costs to the stewardship organization for the architectural paint stewardship program equaled 20 percent or more of the organization’s total annual budget for the program during the prior calendar year;

      (B) The cost per gallon of the program during the prior calendar year was 10 or more percent higher than the preceding calendar year;

      (C) The unallocated reserve funds held by the stewardship organization for the program during the prior calendar year equaled 35 percent or more of the total annual budget for the program during the year;

      (D) The total volume, in gallons, of post-consumer architectural paint collected as part of the program during the prior calendar year was 10 or more percent lower than the preceding calendar year; or

      (E) The recycling rate for the program during the prior calendar year was 10 or more percent lower than the preceding calendar year.

      (2) A stewardship organization must submit an amendment under subsection (1) of this section within 120 days after the date of the change by the stewardship organization or the date of the request by the director. [2013 c.677 §5]

 

      Note: See note under 459A.820.

 

      459A.837 Notification regarding changes to architectural paint stewardship program. If a stewardship organization makes any of the changes described in this section to an architectural paint stewardship program as provided for in a plan approved by the Director of the Department of Environmental Quality under ORS 459A.832, the organization shall notify the director in writing, within 30 days of the date of the change to the program, of:

      (1) A change in the location or the number of permanent collection sites identified in the plan;

      (2) A change in the producers or brands of architectural paint sold in this state that are participating in the program;

      (3) A change in the processors that manage the post-consumer architectural paint collected by the stewardship organization under the program; or

      (4) A change in the transporters of the post-consumer architectural paint collected by the stewardship organization under the program. [2013 c.677 §7]

 

      Note: See note under 459A.820.

 

      459A.840 Conduct authorized; supervision by Department of Environmental Quality; rules. (1) It is the intent of this section that a stewardship organization operating an architectural paint stewardship program pursuant to ORS 459A.820 to 459A.855, approved by the Department of Environmental Quality and subject to the regulatory supervision of the department, is granted immunity from federal and state antitrust laws for the limited purpose of establishing and operating an architectural paint stewardship program. The activities of the stewardship organization that comply with the provisions of this section may not be considered to be in restraint of trade, a conspiracy or combination or any other unlawful activity in violation of any provisions of ORS 646.705 to 646.826 or federal antitrust laws.

      (2) The department shall actively supervise the conduct of the stewardship organization, including but not limited to conduct related to payments made by architectural paint producers to the stewardship organization for the architectural paint stewardship assessment specified in ORS 459A.827. The department may require the stewardship organization to take whatever action the department considers necessary to:

      (a) Ensure that the stewardship organization is engaging in conduct authorized under this section;

      (b) Ensure that the policies of this state are being fulfilled by an architectural paint stewardship program; and

      (c) Enjoin conduct that is not authorized by the department or conduct that the department finds does not advance the interests of this state in carrying out the architectural paint stewardship program.

      (3) The Director of the Department of Environmental Quality may designate employees of the department to carry out the responsibility of actively supervising the conduct of the stewardship organization.

      (4) The Environmental Quality Commission may adopt rules to carry out the purposes of this section. [2009 c.777 §5; 2015 c.27 §51]

 

      Note: See note under 459A.820.

 

      459A.842 Reports by stewardship organizations. (1) No later than April 1 of each year, a stewardship organization must submit an annual report to the Director of the Department of Environmental Quality describing the operation during the prior calendar year of an architectural paint stewardship program approved by the director under ORS 459A.832. At a minimum, the report must contain:

      (a) A description of the methods used to collect, transport, recycle and process post-consumer architectural paint in this state;

      (b) A calculation of the total volume in gallons of post-consumer architectural paint collected by the program, categorized by latex, alkyd and any other type of paint;

      (c) For each permanent collection site and collection event under the program:

      (A) A calculation of the total volume in gallons of post-consumer architectural paint collected at the site or event;

      (B) The address or, if no address is available, the physical location of the site or event; and

      (C) A description of whether the site or event is:

      (i) A permanent collection site located at a retailer;

      (ii) A permanent collection site or collection event for the program located within the local solid waste collection infrastructure; or

      (iii) A collection event promoted and paid for by a stewardship organization;

      (d) An estimate of the total weight and disposition of all paint containers collected by the program;

      (e) The total volume of post-consumer architectural paint collected under the program, categorized by method of disposition, including reuse, recycling, energy recovery and disposal;

      (f) The data, conversion factors and any changes from prior years in the methodology used to complete the analysis required to comply with paragraphs (b) to (e) of this subsection;

      (g) An independent financial audit of the program;

      (h) A description of program revenues and costs for the prior year that follows the budget requirements provided in ORS 459A.827 and that further describes:

      (A) The total cost of the program during the prior year calculated as a per capita amount for each resident of this state;

      (B) The cost per gallon of the program during the prior year;

      (C) The use by the stewardship organization of any revenues from the program during the past year that exceeded the total costs of the program, including a description of the amount held by the stewardship organization in unallocated reserve funds at the end of the reporting period; and

      (D) If requested by the director, any additional budgetary information necessary for the director to determine whether the stewardship organization must amend the plan under ORS 459A.835 (1)(d);

      (i) An updated budget for the next calendar year that follows the budget requirements provided in ORS 459A.827;

      (j) An evaluation of the operation of the program’s funding mechanism;

      (k) Samples of educational and outreach materials provided to consumers of architectural paint, an evaluation of the methods used to disseminate those materials and an assessment of the effectiveness of the education and outreach, including levels of waste prevention and reuse;

      (L) Documentation of compliance with the requirements of ORS 459A.827 (2)(b) and 459A.830;

      (m) A description of the activities undertaken to achieve, and the progress made toward achieving, the program goals as provided for in the program plan; and

      (n) Notification to the director of any additional proposed changes to the operation of the program for the following calendar year, or a statement that the stewardship organization intends to continue to implement the program in the manner approved by the director under ORS 459A.832.

      (2) No later than June 15 of each year, the director shall meet with interested stakeholders to review the annual reports submitted to the director under this section. The director shall post to the website maintained by the Department of Environmental Quality a copy of the minutes of the meeting within 30 days of the date of the meeting. [2009 c.777 §6; 2013 c.677 §8]

 

      Note: See note under 459A.820.

 

      459A.845 Estimate by Department of Environmental Quality of total volume of post-consumer architectural paint collected. No later than June 1 of each year, the Director of the Department of Environmental Quality shall publish an estimate of the total volume, in gallons, of post-consumer architectural paint collected in each wasteshed or metropolitan service district as part of an architectural paint stewardship program during the prior calendar year. For each wasteshed or metropolitan service district, the director shall also publish, stated as a percentage, the portion of the total volume in gallons of post-consumer architectural paint collected under the program at each of the following:

      (1) Permanent collection sites located at a retailer;

      (2) Permanent collection sites and collection events for the program located within the local solid waste collection infrastructure; and

      (3) Collection events promoted and paid for by a stewardship organization. [2013 c.677 §12]

 

      Note: See note under 459A.820.

 

      459A.847 Data disclosure. (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, or updated plan, for a statewide architectural paint stewardship program pursuant to ORS 459A.827 or as part of an annual report submitted pursuant to ORS 459A.842.

      (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 ORS 459A.827, 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 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 program pursuant to ORS 459A.827. The department may disclose separate lists indicating participating producers and participating brands of the statewide architectural paint stewardship program.

      (3) Nothing in this section shall impose additional reporting obligations on a stewardship organization beyond those specified in ORS 459A.820 to 459A.855. [2009 c.777 §7; 2011 c.146 §1; 2013 c.677 §11]

 

      Note: See note under 459A.820.

 

      459A.850 Orders; actions. (1) In accordance with the applicable provisions of ORS chapter 183 relating to contested case proceedings, the Department of Environmental Quality may issue an order requiring compliance with the provisions of ORS 459A.820 to 459A.855.

      (2) The department may bring an action against any producer or stewardship organization in violation of the provisions of ORS 459A.820 to 459A.855. [2009 c.777 §8]

 

      Note: See note under 459A.820.

 

      459A.852 Fees. (1) The Department of Environmental Quality shall charge the following fees to be paid by a stewardship organization for administering ORS 459A.820 to 459A.855:

      (a) $10,000 when the plan or updated plan specified in ORS 459A.827 is submitted to the Director of the Department of Environmental Quality; and

      (b) $40,000 each year that an approved architectural paint stewardship program is implemented for administrative costs related to the program.

      (2) Fees collected by the department under this section shall be deposited in the Product Stewardship Fund established under ORS 459A.855. [2009 c.777 §9; 2013 c.677 §10]

 

      Note: See note under 459A.820.

 

      459A.855 Product Stewardship Fund; sources; uses. The Product Stewardship Fund is established, separate and distinct from the General Fund. Fees collected by the Department of Environmental Quality under ORS 459A.852 shall be deposited in the State Treasury to the credit of the Product Stewardship Fund. Interest earned by the Product Stewardship Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Department of Environmental Quality and may be used only to pay the costs of implementing the provisions of ORS 459A.820 to 459A.855. [2009 c.777 §10]

 

      Note: See note under 459A.820.

 

PRODUCER RESPONSIBILITY PROGRAM

 

(General Provisions)

 

      459A.860 Legislative findings. The Legislative Assembly finds and declares that:

      (1) Oregon’s statewide recovery rate, which seeks to preserve public health, safety and welfare and conserve energy and natural resources, has declined each year between 2013 and 2018, and that Oregon is not on track to meet the statewide waste recovery and generation goals pursuant to the measurement methodology that the Legislative Assembly established in 2015.

      (2) The way Oregon’s residents use and consume materials and products, and the way residents manage them when no longer wanted, has changed significantly in the 35 years since Oregon’s first recycling programs were established, that the state’s recycling policies were not designed to address such changes, and that these factors have created unintended consequences, such as the deterioration of natural systems regionally and worldwide, as well as increased levels of pollution, greenhouse gas emissions that contribute to global climate change and reductions in human well-being, especially for the most vulnerable populations.

      (3) It is necessary to adopt a policy that will minimize such unintended consequences across the entire life cycle of products and that will require producers of packaging and printed paper sold or distributed in Oregon to help finance the management of, and ensure an environmentally sound stewardship program for, their products.

      (4) It is the State of Oregon’s policy to prioritize practices that prevent and reduce the negative environmental, social, economic and health impacts of production, consumption and end-of-use management of products and packaging across their life cycle, and that it is the obligation of producers to share in the responsibility to reduce those impacts. [2021 c.681 §1]

 

      459A.863 Definitions. As used in ORS 459A.860 to 459A.975:

      (1) “Brand” means any mark, word, name, symbol, design, device or graphical element, or a combination thereof, including a registered or unregistered trademark, that identifies a product and distinguishes the product from other products.

      (2) “Commingled recycling” means the recycling or recovery of two or more materials that are mixed together and that generally would be separated into individual materials at a commingled recycling processing facility in order to be marketed.

      (3)(a) “Commingled recycling processing facility” means a facility that:

      (A) Receives source separated commingled recyclable materials that are collected commingled from a collection program providing the opportunity to recycle; and

      (B) Separates the recyclable materials described in subparagraph (A) of this paragraph into marketable commodities or streams of materials that are intended for use or further processing by others.

      (b) “Commingled recycling processing facility” does not include:

      (A) Scrap metal recycling facilities;

      (B) Scrap automotive or appliance recycling facilities;

      (C) Full-service redemption centers or dealer redemption centers, as those terms are defined in ORS 459A.700, and recycling facilities owned and operated by a distributor cooperative established under ORS 459A.718;

      (D) Recycling facilities handling covered electronic devices, as defined in ORS 459A.305;

      (E) Recycling processing facilities that process only noncommingled, source separated recyclable material from commercial entities;

      (F) Recycling processing facilities that recover commingled recyclable material primarily from the construction and demolition debris waste stream;

      (G) Recycling depots;

      (H) Recycling reload facilities; or

      (I) Limited sort facilities, as defined by rule by the Environmental Quality Commission.

      (4) “Contaminant” means:

      (a) A material set out for recycling collection that is not properly prepared and on the list of materials accepted for recycling collection by a recycling collection program; or

      (b) A material shipped to a recycling end market that is not accepted or desired by that end market.

      (5) “Contamination” means the presence of one or more contaminants in a recycling collection or commodity stream in an amount or concentration that negatively impacts the value of the material or negatively impacts a processor’s ability to sort that material.

      (6)(a) “Covered product” means:

      (A) Packaging;

      (B) Printing and writing paper; and

      (C) Food serviceware.

      (b) “Covered product” does not include:

      (A) A beverage container, as defined in ORS 459A.700.

      (B) Bound books.

      (C) Napkins, paper towels or other paper intended to be used for cleaning or the absorption of liquids.

      (D) Rigid pallets used as the structural foundation for transporting goods lifted by a forklift, pallet jack or similar device.

      (E) Specialty packaging items that are used exclusively in industrial or manufacturing processes, including but not limited to:

      (i) Cores and wraps for rolls of packaging sold by a mill to a packaging converter or food processor; and

      (ii) Trays, whether designed for a single use or multiple uses, used for the transport of component parts from a parts supplier to a manufacturer that assembles those parts.

      (F) Liquified petroleum gas containers that are designed to be refilled.

      (G) A material that the producer demonstrates is exempt under ORS 459A.869.

      (H) Pallet wrap or similar packaging used to secure a palletized load if added by a person that is not the producer of the palletized covered products.

      (I) Packaging related to containers for architectural paint, as defined in ORS 459A.822, that has been collected by a producer responsibility organization under the program established under ORS 459A.820 to 459A.855.

      (J) Any item that is not ultimately discarded inside this state, whether for purposes of recovery or disposal.

      (K) Items sold on a farm or used on a farm, including items used for farm use, as defined in ORS 215.203, or for processing on a farm, provided that an item used on a farm is not subsequently sold at a retail establishment that is not located on a farm.

      (L) Items used by a nursery licensed under ORS 571.055 that generates the majority of the nursery’s revenue through the sale of nursery stock, as defined in ORS 571.005, provided that the items are not sold through retail sales.

      (M) Packaging and paper products sold or supplied in connection with:

      (i) Prescription drugs as defined in ORS 689.005;

      (ii) Nonprescription drugs as defined in ORS 689.005;

      (iii) Drugs marketed under a brand name as defined in ORS 689.515; or

      (iv) Drugs marketed under a generic name as defined in ORS 689.515.

      (N) Packaging and paper products sold or supplied in connection with drugs that are used for animal medicines, including but not limited to parasiticide drugs for animals.

      (O) Packaging and paper products sold or supplied in connection with:

      (i) Infant formula as defined in 21 U.S.C. 321(z);

      (ii) Medical food as defined in 21 U.S.C. 360ee(b)(3); or

      (iii) Fortified oral nutritional supplements used for individuals who require supplemental or sole source nutrition to meet nutritional needs due to special dietary needs directly related to cancer, chronic kidney disease, diabetes, malnutrition, or failure to thrive, as those terms are defined as by the International Classification of Diseases, Tenth Revision, or other medical conditions as determined by the commission.

      (P) Wine and spirit containers for which a refund value is established under Oregon law.

      (Q) Packaging for products:

      (i) That are required under 40 C.F.R. 156.140, or other federal regulation pertaining to toxic or hazardous materials, to state on the label or container that the packaging should not be recycled or should be disposed of in a manner other than recycling; or

      (ii) Identified by the commission by rule as product that is required by law to state on the label or container that the packaging should not be recycled or should be disposed of in a manner other than recycling.

      (R) Any other material, as determined by the commission by rule, after consultation with the Oregon Recycling System Advisory Council.

      (7) “Food serviceware” means paper or plastic plates, wraps, cups, bowls, pizza boxes, cutlery, straws, lids, bags, aluminum foil or clamshells or similar containers:

      (a) That are generally intended for single use; and

      (b) That are sold to a retailer or a dine-in food establishment or a take-out food establishment, regardless of whether the item is used to prepackage food for resale, is filled on site for food ordered by a customer or is resold as is.

      (8) “Large producer” means a producer that is among the 25 largest producers of covered products based on market share.

      (9) “Licensee” means a person that is licensed by a brand and manufactures a covered product or a packaged item under that brand.

      (10) “Litter” means waste that is improperly placed so as to be a nuisance or aesthetic, health or environmental concern.

      (11) “Local government” means:

      (a) A city;

      (b) A county; or

      (c) A metropolitan service district.

      (12) “Local government’s service provider” means:

      (a) A collection service franchise holder under ORS 459A.085;

      (b) Any person authorized by a city or county to provide recycling collection services described in subsection (25)(a) to (d) of this section; or

      (c) Any person authorized by a metropolitan service district to provide recycling collection services described in subsection (25)(d) of this section.

      (13) “Market share” means a producer’s percentage of all covered products sold in or into this state during a specified time period, as calculated in accordance with methods established by the commission by rule.

      (14) “Mechanical recycling” means a form of recycling that does not change the basic molecular structure of the material being recycled.

      (15) “Metropolitan service district” means a metropolitan service district established under ORS chapter 268.

      (16) “Nonprofit organization” means an organization or group of organizations described in section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under section 501(a) of the Internal Revenue Code.

      (17) “Opportunity to recycle” has the meaning given that term in ORS 459A.005.

      (18)(a) “Packaging” means:

      (A) Materials used for the containment or protection of products, including but not limited to paper, plastic, glass or metal or a mixture thereof;

      (B) Single-use bags, including but not limited to shopping bags; and

      (C) Nondurable materials used in storage, shipping or moving, including but not limited to packing materials, moving boxes, file boxes and folders.

      (b) “Packaging” does not include:

      (A) Food serviceware; or

      (B) Sharps, as defined in ORS 459.386.

      (19) “Person” has the meaning given that term in ORS 459.005.

      (20) “Printing and writing paper” includes, but is not limited to, newspaper, magazines, flyers, brochures, booklets, catalogs, telephone directories and paper used for copying, writing or other general use.

      (21) “Processor” means a person that owns or operates a commingled recycling processing facility.

      (22) “Producer” means a person that is determined to be the producer of a covered product under ORS 459A.866.

      (23) “Producer responsibility organization” means a nonprofit organization established by a producer or group of producers to administer a producer responsibility program.

      (24) “Producer responsibility program” means a statewide program for the responsible management of covered products that is administered by a producer responsibility organization pursuant to a plan approved by the Department of Environmental Quality under ORS 459A.878.

      (25) “Recycling collection” means the act or process of gathering recyclable materials by:

      (a) On-route residential collection from the generator at the place of generation;

      (b) On-site nonresidential collection from the generator at the place of generation;

      (c) Multifamily on-route residential collection from each multifamily dwelling that has five or more units;

      (d) Recycling depots at a disposal site or another designated location that is more convenient to the population being served and expanded depots as described in ORS 459A.007; or

      (e) Other collection methods included in an approved producer responsibility program plan.

      (26) “Recycling depot” means a location where recyclable materials are accepted from the public or commercial businesses and transported to a location for processing or to an end market.

      (27) “Recycling reload facility” means a facility other than a recycling depot where recyclable materials are received, consolidated and made ready for transport to another location for processing or to a responsible end market.

      (28) “Recycling system” means all aspects of the programs and participants that have a role in Oregon’s statewide recycling structure, including producers of products sold in or into Oregon, generators of recyclable materials, governments that regulate materials management programs, businesses that collect and process recyclable materials and persons that receive recyclable materials to convert to new feedstock or products.

      (29) “Responsible end market” means a materials market in which the recycling or recovery of materials or the disposal of contaminants is conducted in a way that benefits the environment and minimizes risks to public health and worker health and safety.

      (30) “Responsible management” means the handling, tracking and disposition of covered products from the point of collection through the final destination of the collected material in a way that benefits the environment and minimizes risks to public health and worker health and safety.

      (31) “Responsible recycling” means the handling of covered products for recycling and removal of contaminants by a certified or permitted processor and disposition to a responsible end market.

      (32) “Small producer” means a producer that:

      (a) Is a nonprofit organization;

      (b) Is a public body, as defined in ORS 174.109;

      (c) Has a gross revenue of less than $5 million for the organization’s most recent fiscal year;

      (d) Sold in or into Oregon less than one metric ton of covered products for use in this state in the most recent calendar year;

      (e) Is a manufacturer of a beverage sold in a beverage container, as those terms are defined in ORS 459A.700, that sold in or into Oregon less than five metric tons of covered products, including but not limited to secondary and tertiary packaging for beverage containers, for use in this state in the most recent calendar year;

      (f)(A) Is a restaurant, food cart or similar business establishment that primarily sells to members of the public food that is generally intended to be consumed immediately and without the need for further preparation, either on or off the premises; and

      (B) Is not a producer of food serviceware as described in ORS 459A.866; or

      (g) Operates a single retail sales establishment, has no online sales and is not supplied or operated as part of a franchise or a chain.

      (33) “Specifically identified material” means a material or covered product identified by the department under ORS 459A.917.

      (34) “Uniform statewide collection list” means the list of materials established in accordance with the requirements of ORS 459A.914 (4). [2021 c.681 §2]

 

(Producer Responsibility Organizations)

 

      459A.866 Determining producers of covered products. For purposes of ORS 459A.860 to 459A.975, the producer of a covered product shall be determined as follows:

      (1)(a) For items sold in packaging at a physical retail location in this state:

      (A) If the item is sold in packaging under the manufacturer’s own brand or is sold in packaging that lacks identification of a brand, the producer of the packaging is the person that manufactures the packaged item;

      (B) If the item is manufactured by a person other than the brand owner, the producer of the packaging is the person that is the licensee of a brand or trademark under which a packaged item is used in a commercial enterprise, sold, offered for sale or distributed in or into this state, whether or not the trademark is registered in this state; or

      (C) If there is no person described in subparagraphs (A) and (B) of this paragraph within the United States, the producer of the packaging is the person that imports the packaged item into the United States for use in a commercial enterprise that sells, offers for sale or distributes the item in this state.

      (b) For items sold or distributed in packaging in or into this state via remote sale or distribution:

      (A) The producer of packaging used to directly protect or contain the item is the same as the producer for purposes of paragraph (a) of this subsection.

      (B) The producer of packaging used to ship the item to a consumer is the person that packages and ships the item to the consumer.

      (c) For all other packaging that is a covered product, the producer of the packaging is the person that first distributes the packaged item in or into this state.

      (2)(a) For printing and writing paper that is a magazine, newspaper, catalog, telephone directory or similar publication, the producer is the publisher.

      (b) For printing and writing paper not described in paragraph (a) of this subsection, the producer is:

      (A) The person that manufactures the printing and writing paper under the manufacturer’s own brand;

      (B) If the printing and writing paper is manufactured by a person other than the brand owner, the person that is the owner or licensee of a brand or trademark under which the printing and writing paper is used in a commercial enterprise, sold, offered for sale or distributed in or into this state, whether or not the trademark is registered in this state; or

      (C) If there is no person described in subparagraphs (A) and (B) of this paragraph within the United States, the person that imports the printing and writing paper into the United States for use in a commercial enterprise that sells, offers for sale or distributes the printing and writing paper in this state.

      (3) The producer of food serviceware is the person that first sells the food serviceware in or into this state. [2021 c.681 §3; 2023 c.9 §40]

 

      459A.869 Requirements for producers and producer responsibility organizations; rules. (1) Except as provided in subsection (4) of this section and ORS 459A.872, each producer must register with and be a member of a producer responsibility organization that administers a producer responsibility program.

      (2) A producer is required to pay an annual membership fee to a producer responsibility organization as described in ORS 459A.884. Fees established under ORS 459A.860 to 459A.975 that are charged to a producer responsibility organization must be paid by the producer responsibility organization.

      (3) A producer is not required to pay membership fees to a producer responsibility organization for any covered product if another person has registered with a producer responsibility organization as the producer responsible for that covered product under ORS 459A.860 to 459A.975.

      (4) A producer is not required to be a member of a producer responsibility organization if, for all covered product the producer sells, offers to sell or distributes in or into this state, another person has registered with a producer responsibility organization as the producer responsible for that covered product under ORS 459A.860 to 459A.975.

      (5) A producer that is registered with a producer responsibility organization must:

      (a) Pay the membership fee calculated under the schedule established by the producer responsibility organization pursuant to ORS 459A.884; and

      (b) Upon request, provide the producer responsibility organization with records or other information necessary for the organization to meet the organization’s obligations under ORS 459A.860 to 459A.975.

      (6) A person that sells a covered product in or into this state via remote means and that is only the producer of the packaging used to ship the covered product, as determined under ORS 459A.866 (1)(b)(B), must notify the producer of the covered product, as determined under ORS 459A.866 (1)(a), and the seller’s producer responsibility organization of the sale of a packaged product in or into this state.

      (7) A producer responsibility organization’s obligations under ORS 459A.860 to 459A.975 to work with recycling system participants in order to ensure, to the extent practicable, that covered products collected by a recycling collection service are recycled by responsible end markets apply to covered products that are:

      (a) Collected for recycling pursuant to ORS 459A.896;

      (b) Identified on the uniform statewide collection list and collected pursuant to a collection program providing the opportunity to recycle;

      (c) Identified on the list of specifically identified materials; or

      (d) Recycled in an effort to achieve the statewide plastic recycling goal established under ORS 459A.926.

      (8) A producer responsibility organization shall make available on the organization’s website and update at least once per calendar quarter:

      (a) A searchable registry of the organization’s compliant members; and

      (b) The identity of any members that are currently not in compliance with ORS 459A.860 to 459A.975 and the reason for noncompliance.

      (9)(a) If the Department of Environmental Quality approves more than one producer responsibility program, the producer responsibility organizations with approved programs shall establish a producer responsibility organization coordinating body and submit a coordination plan to the department for approval. If requested by the producer responsibility organizations, the department may serve as the coordinating body or may form or oversee the coordinating body.

      (b) The Environmental Quality Commission shall establish by rule:

      (A) Methods for calculating market share;

      (B) Standards and requirements for coordination plans and coordination between producer responsibility organizations;

      (C) A process for submittal, review, approval or rejection and revocation of coordination plans; and

      (D) A process for the department to issue an order requiring a coordination plan.

      (c) A coordination plan approved or ordered by the department shall be implemented by all producer responsibility organizations. If the coordination plan conflicts with an approved program plan, the details of the coordination plan prevail.

      (d) A coordination plan approved or ordered by the department is valid until revoked or a new coordination plan is approved by the department.

      (e) The producer responsibility organization coordinating body shall submit for approval a new coordination plan on a schedule that coincides with the schedule for producer responsibility organizations to submit new producer responsibility program plans.

      (10) A producer responsibility organization must ensure that each member of its organization complies with subsection (5) of this section. The organization shall notify the department within 30 days of:

      (a) The end of a three-month period in which the organization unsuccessfully attempted to obtain a membership fee or records or information from a producer under subsection (5) of this section; or

      (b) The date a producer member leaves the organization for any reason.

      (11) A producer responsibility organization must provide contact information for any of the organization’s registered members to the department upon request.

      (12) No later than December 31 of each year in which an approved producer responsibility program plan is required to be operated in this state, a producer responsibility organization must have members with a combined market share, calculated in accordance with rules established in this section, that is at least 10 percent of the total combined market share of all producers of covered products.

      (13)(a) A producer may demonstrate to the department that a material is exempt from the requirements for a covered product if the material:

      (A) Is collected through a recycling collection service not provided under the opportunity to recycle;

      (B) Does not undergo separation from other materials at a commingled recycling processing facility; and

      (C) Is recycled at a responsible end market.

      (b) If only a portion of the material sold in or into this state by a producer meets the criteria of paragraph (a) of this subsection, the portion that meets the criteria is exempt and the portion that does not meet the criteria is a covered product. [2021 c.681 §4]

 

      Note: Section 60, chapter 681, Oregon Laws 2021, provides:

      Sec. 60. The provisions of section 4 of this 2021 Act [459A.869] requiring a producer to be a member of a producer responsibility organization apply to producers that sell, offer for sale or distribute in or into this state covered products on or after July 1, 2025. [2021 c.681 §60]

 

      459A.872 Exemptions; rules. (1) A small producer is exempt from the requirement to be a member of a producer responsibility organization under ORS 459A.869.

      (2) The Environmental Quality Commission may adopt rules to exempt from the requirements of ORS 459A.869 producers that do not exceed a minimum market share of covered products sold in or into this state. [2021 c.681 §5]

 

      459A.875 Producer responsibility program plan. (1) A producer responsibility organization shall submit to the Department of Environmental Quality, in a form and manner prescribed by the department, a plan for the development and implementation of a producer responsibility program.

      (2) Using objective and measurable criteria whenever possible, a producer responsibility program plan must:

      (a) Describe how the producer responsibility organization will manage and administer a producer responsibility program to meet the organization’s obligations under ORS 459A.860 to 459A.975, including a description of how the organization will:

      (A) Support the collection and recycling of covered products that are included on the uniform statewide collection list or as necessary to meet the statewide plastic recycling goal established under ORS 459A.926.

      (B) Provide for the collection of covered products identified by the Environmental Quality Commission under ORS 459A.914 (1)(b) and meet convenience and performance standards for those covered products.

      (C) Maximize the use of existing infrastructure.

      (D) Ensure the responsible management of covered products identified in ORS 459A.869 (7) and other contaminants collected with those covered products.

      (E) Establish, calculate and charge membership fees, including incentives, as described in ORS 459A.884.

      (F) Encourage producers to make continual reductions in the environmental and human health impacts of covered products through a graduated fee structure as described in ORS 459A.884.

      (G) Ensure that covered products identified in ORS 459A.869 (7) and collected for recycling, and contaminants collected with those covered products, are managed and disposed of consistent with the goals, standards and practices required by ORS 459A.860 to 459A.975.

      (H) Ensure that covered products collected for recycling will be transferred to responsible end markets, including:

      (i) The type and general locations of responsible end markets that may use the material collected from covered products in the manufacture of new products;

      (ii) Whether any of those responsible end markets are certified for environmental and social sustainability by certification programs approved by the commission under ORS 459A.955;

      (iii) How the organization will follow the hierarchy of materials management options described in ORS 459.015 (2);

      (iv) How the organization will ensure that responsible management is maintained through to final disposition of the covered product; and

      (v) Arrangements the producer responsibility organization has made with processors to ensure that covered products identified in ORS 459A.914 are recycled at a responsible end market, including any investment intended to be made to support processors.

      (I) Ensure that any material that will be marketed for use through a method other than mechanical recycling will be transferred to a responsible end market, including:

      (i) A description of how the proposed method will affect the ability of the material to be recycled into feedstock for the manufacture of new products;

      (ii) A description of how the proposed method will affect the types and amounts of plastic recycled for food and pharmaceutical-grade applications;

      (iii) A description of any applicable air, water and waste permitting compliance requirements; and

      (iv) An analysis of the environmental impacts for the proposed method compared to the environmental impacts of mechanical recycling, incineration and landfill disposal as solid waste.

      (J) Provide public outreach and education, including:

      (i) A communications program for responding to questions involving the uniform statewide collection list and recycling services provided under ORS 459A.896;

      (ii) Outreach to local governments to ensure information is accurate and consistent across this state; and

      (iii) Statewide promotional campaigns as described in ORS 459A.893.

      (b) Identify and provide contact information for the producer responsibility organization and identify each producer registered with the proposed program.

      (c) Describe the structure of the producer responsibility organization, including the management structure and roles and functions of committees.

      (d) Describe how the producer responsibility organization will communicate and coordinate with the department, the Oregon Recycling System Advisory Council, local governments, local governments’ service providers, processors and any other producer responsibility organizations and the topics of communication or coordination.

      (e) Describe a process, including the process timeline, for how the producer responsibility organization will resolve any disputes involving compensation of local governments and local governments’ service providers under ORS 459A.890 and disputes involving commingled recycling processing facilities under ORS 459A.920 and 459A.923.

      (f) Include projections on recycling rates for plastic.

      (g) Describe any efforts the producer responsibility organization will make to support collection, processing or responsible recycling of specifically identified materials, including:

      (A) Any efforts to support or provide recycling depot or mobile collection of specifically identified materials;

      (B) Any efforts to use education and promotion to encourage proper participation in recycling collection of specifically identified materials;

      (C) Any investments to support the successful processing of specifically identified materials;

      (D) Any efforts to develop or support responsible end markets for specifically identified materials; and

      (E) Any other efforts to ensure successful and responsible recycling of specifically identified materials.

      (h) Describe the membership fee structure of the producer responsibility organization, including a schedule of the membership fees actually charged to members.

      (i) Demonstrate that the membership fees collected by the producer responsibility organization will provide adequate revenue to fund all costs associated with the producer responsibility program.

      (j) For any program plan submitted by a producer responsibility organization following its initial program plan, describe how adjustments to membership fees offered in response to the requirements of ORS 459A.884 have been modified in order to meet the objectives described in paragraph (a)(F) of this subsection and ORS 459A.884 or in response to any evaluation conducted under ORS 459A.887 during the time period covered by the prior program plan.

      (k) Describe how the producer responsibility organization will provide funding to allow local governments to protect ratepayers from increased costs associated with the processing and marketing of recyclables identified in ORS 459A.914.

      (L) Include a process for promptly notifying the department, the Oregon Recycling System Advisory Council and producers of potential noncompliance with the requirements of ORS 459A.860 to 459A.975 by a producer or producer responsibility organization.

      (m) Describe reserve funds or other contingency plans for responding to changes in markets or other circumstances that could affect the effectiveness of the program, including the amount of funds in reserve and a description of what contingencies those reserve funds will be sufficient to address.

      (n) Include a closure plan to settle the affairs of the producer responsibility organization that ensures that producers will continue to meet their obligations in the event of dissolution of the organization and that describes a process for notifying the department, the Oregon Recycling System Advisory Council and local governments of the dissolution. The closure plan must include sufficient reserve funds to allow the producer responsibility organization to satisfy all obligations until such time as producer members have joined a different producer responsibility organization.

      (o) Include methods for advance funding, reimbursements and making payments to local governments or local governments’ service providers under ORS 459A.890.

      (p) Describe how the producer responsibility organization will implement the requirements of ORS 459A.890 (6) by establishing:

      (A) A schedule for implementing collection program expansions and improvements throughout this state;

      (B) A method for determining funding or reimbursement amounts under ORS 459A.890 (6), consistent with rules adopted by the commission by rule; and

      (C) The total amount of funds that will be made available to local governments under ORS 459A.890 (6) each year.

      (q) Include any other information required by the department to determine that a producer responsibility organization is capable of meeting its obligations and ensuring the outcomes required under ORS 459A.860 to 459A.975.

      (3) Upon approval of the plan or a plan amendment by the department, a producer responsibility organization must implement the approved plan or plan amendment. [2021 c.681 §6]

 

      Note: Section 59, chapter 681, Oregon Laws 2021, provides:

      Sec. 59. (1) A producer responsibility organization shall first submit a producer responsibility program plan to the Department of Environmental Quality under section 6 of this 2021 Act [459A.875] no later than March 31, 2024.

      (2) A producer responsibility organization shall first implement an approved producer responsibility program plan no later than July 1, 2025. [2021 c.681 §59]

 

      459A.878 Approval of producer responsibility program plan. (1)(a) The Department of Environmental Quality shall approve, approve with conditions or reject a plan submitted under ORS 459A.875 or an amendment to a plan submitted under ORS 459A.881 no later than 120 days after the date on which the department receives the plan or plan amendment from the producer responsibility organization. The department shall approve a plan or a plan amendment if the department determines to the satisfaction of the department that the plan or plan amendment complies with the requirements of ORS 459A.875. If the department rejects the plan or plan amendment, the department shall provide in writing the reason for the rejection.

      (b) If the department rejects a plan or plan amendment under paragraph (a) of this subsection, the producer responsibility organization must submit a revised plan or revised plan amendment to the department no later than 60 days from the date of the rejection. The department shall either approve, approve with conditions or reject the revised plan or revised plan amendment no later than 90 days after receiving the revised plan or revised plan amendment. The department shall approve the revised plan or plan amendment if the department determines that the revised plan or plan amendment complies with the requirements of ORS 459A.875. If the department rejects the revised plan or revised plan amendment, the department shall provide in writing the reason for the rejection and:

      (A) Direct changes to the revised plan or plan amendment; or

      (B) Require the producer responsibility organization to submit a second revision no later than 60 days from the date of the rejection.

      (c) If the department directs changes to a revised plan or plan amendment pursuant to paragraph (b)(A) of this subsection, the producer responsibility organization must implement the changes or request a hearing under ORS chapter 183.

      (d) The department may bring an enforcement action if the department requires a second revision pursuant to paragraph (b)(B) of this subsection and:

      (A) The second revision is not timely submitted; or

      (B) The second revision does not, to the satisfaction of the department, comply with the requirements of ORS 459A.875.

      (e) If a producer responsibility organization requests a hearing or is subject to enforcement pursuant to paragraph (c) or (d) of this subsection, the producer responsibility organization shall continue to implement a previously approved plan or, if there is no previously approved plan in place, implement a plan at the direction of the department until a plan is approved under this section.

      (2) Before approving, approving with conditions or rejecting a plan or plan amendment under this section, the department shall solicit feedback on the plan or plan amendment from the Oregon Recycling System Advisory Council. The department must make the plan or plan amendment available for public comment for a period of not less than 30 days before approving, approving with conditions or rejecting the plan or plan amendment. The department must respond to the council’s written recommendations if received within 75 days of the date the department transmitted the plan or plan amendment to the council.

      (3) A plan approved by the department under this section is valid for three years. The department’s rejection of a plan or plan amendment submitted for approval under this section does not relieve the producer responsibility organization from continuing to implement the producer responsibility program in compliance with the approved plan pending a final action by the department on the plan amendment.

      (4) No less than 180 days before a plan approved under this section expires, a producer responsibility organization shall submit a plan to be approved under this section for an additional four years. A plan submitted for approval under this subsection must satisfy the requirements of ORS 459A.875 and describe any substantive changes from the previously approved plan. Until a plan submitted under this subsection is approved, the previously approved plan remains in effect. [2021 c.681 §7]

 

      Note: The amendments to 459A.878 by section 8, chapter 681, Oregon Laws 2021, become operative April 1, 2027. See section 9, chapter 681, Oregon Laws 2021. The text that is operative on and after April 1, 2027, is set forth for the user’s convenience.

      459A.878. (1)(a) The Department of Environmental Quality shall approve, approve with conditions or reject a plan submitted under ORS 459A.875 or an amendment to a plan submitted under ORS 459A.881 no later than 120 days after the date on which the department receives the plan or plan amendment from the producer responsibility organization. The department shall approve a plan or a plan amendment if the department determines to the satisfaction of the department that the plan or plan amendment complies with the requirements of ORS 459A.875. If the department rejects the plan or plan amendment, the department shall provide in writing the reason for the rejection.

      (b) If the department rejects a plan or plan amendment under paragraph (a) of this subsection, the producer responsibility organization must submit a revised plan or revised plan amendment to the department no later than 60 days from the date of the rejection. The department shall either approve, approve with conditions or reject the revised plan or revised plan amendment no later than 90 days after receiving the revised plan or revised plan amendment. The department shall approve the revised plan or plan amendment if the department determines that the revised plan or plan amendment complies with the requirements of ORS 459A.875. If the department rejects the revised plan or revised plan amendment, the department shall provide in writing the reason for the rejection and:

      (A) Direct changes to the revised plan or plan amendment; or

      (B) Require the producer responsibility organization to submit a second revision no later than 60 days from the date of the rejection.

      (c) If the department directs changes to a revised plan or plan amendment pursuant to paragraph (b)(A) of this subsection, the producer responsibility organization must implement the changes or request a hearing under ORS chapter 183.

      (d) The department may bring an enforcement action if the department requires a second revision pursuant to paragraph (b)(B) of this subsection and:

      (A) The second revision is not timely submitted; or

      (B) The second revision does not, to the satisfaction of the department, comply with the requirements of ORS 459A.875.

      (e) If a producer responsibility organization requests a hearing or is subject to enforcement pursuant to paragraph (c) or (d) of this subsection, the producer responsibility organization shall continue to implement a previously approved plan or, if there is no previously approved plan in place, implement a plan at the direction of the department until a plan is approved under this section.

      (2) Before approving, approving with conditions or rejecting a plan or plan amendment under this section, the department shall solicit feedback on the plan or plan amendment from the Oregon Recycling System Advisory Council. The department must make the plan or plan amendment available for public comment for a period of not less than 30 days before approving, approving with conditions or rejecting the plan or plan amendment. The department must respond to the council’s written recommendations if received within 75 days of the date the department transmitted the plan or plan amendment to the council.

      (3) A plan approved by the department under this section is valid for five years. The department’s rejection of a plan or plan amendment submitted for approval under this section does not relieve the producer responsibility organization from continuing to implement the producer responsibility program in compliance with the approved plan pending a final action by the department on the plan amendment.

      (4) No less than 180 days before a plan approved under this section expires, a producer responsibility organization shall submit a plan to be approved under this section for an additional five years. A plan submitted for approval under this subsection must satisfy the requirements of ORS 459A.875 and describe any substantive changes from the previously approved plan. Until a plan submitted under this subsection is approved, the previously approved plan remains in effect.

 

      459A.881 Producer responsibility program plan amendments. (1) A producer responsibility organization shall submit an amendment to a producer responsibility program plan:

      (a) When proposing to change an approved producer responsibility program plan as it relates to the producer responsibility organization’s obligations:

      (A) Under ORS 459A.875 (2)(a), (g) to (i), (L) to (n), (p) or (q); or

      (B) Under ORS 459A.914.

      (b) When changing methods used to establish membership fees under ORS 459A.884.

      (c) When changing methods of compensating local governments or local governments’ service providers as required under ORS 459A.890.

      (d) When the Department of Environmental Quality identifies or removes one or more specifically identified materials under ORS 459A.917.

      (e) When required to do so under ORS 459A.926.

      (f) When required to do so by rules adopted by the Environmental Quality Commission.

      (2) Not less than once per calendar quarter, a producer responsibility organization shall provide written notice to the department and the Oregon Recycling System Advisory Council of any changes made during the previous month to a producer responsibility program plan that are changes for which an amendment is not required under subsection (1) of this section. [2021 c.681 §10]

 

      459A.884 Membership fees charged by producer responsibility organization. (1) A producer responsibility organization shall establish a schedule of membership fees to be paid by members of the organization. Membership fees established pursuant to this section must be sufficient to meet the financial obligations of the organization under ORS 459A.860 to 459A.975. Membership fees must be designed to differentiate between types of covered products, and the materials and formats that comprise those covered products. Membership fees charged for different covered product types, materials and formats must be proportional to the costs to the producer responsibility organization for that covered product type, material or format.

      (2) A schedule established under this section must establish material-specific base fee rates for all covered products sold or distributed in or into this state by a member of the producer responsibility organization. The base fee paid by each producer member shall be calculated by multiplying the material-specific base fee rate by the total amount of covered products of each material sold or distributed by the producer in or into this state.

      (3) Covered products sold or distributed in or into this state that are not accepted by recycling collection programs in this state shall be assessed base fee rates as follows:

      (a) First, the average base fee rates for covered products described in this subsection must be higher than the average for covered products that are accepted by recycling collection programs in this state.

      (b) Second, provided that the requirements of paragraph (a) of this subsection are satisfied, the base fee rate shall be approximately proportional to the covered products’ relative contribution to the financial obligations of the producer responsibility organization.

      (4) In addition to the base fees described in subsections (2) and (3) of this section, a producer responsibility organization’s membership fee schedule must incentivize producers to continually reduce the environmental and human health impacts of covered products by offering fee adjustments to producers that make or have made changes to the ways in which they produce, use and market covered products. Fee adjustments developed under this subsection must include lower fees for covered products with a lower environmental impact and higher fees for covered products with a higher environmental impact. In establishing the criteria for the graduated fee structure, a producer responsibility organization must consider factors that include, but are not limited to:

      (a) The post-consumer content of the material, if the use of post-consumer content in the covered product is not prohibited by federal law;

      (b) The product-to-package ratio;

      (c) The producer’s choice of material;

      (d) Life cycle environmental impacts, as demonstrated by an evaluation performed in accordance with ORS 459A.944; and

      (e) The recycling rate of the material relative to the recycling rate of other covered products.

      (5) Notwithstanding subsections (2) to (4) of this section, a producer responsibility organization may propose to the Department of Environmental Quality in a plan or plan amendment an alternative membership fee structure. The department may approve an alternative membership fee structure if the department determines that the structure:

      (a) Satisfies the requirements of subsection (1) of this section; and

      (b) Provides incentives to members to change the way the members produce, use and market materials in order to reduce environmental impacts.

      (6) Notwithstanding subsections (2) to (4) of this section, a producer responsibility organization shall establish uniform membership fees for members that had a gross revenue of less than $10 million for the organization’s most recent fiscal year, or sold in or into Oregon less than five metric tons of covered products for use in this state in the most recent calendar year.

      (7) A producer responsibility organization shall accept the value of print and online advertising services in lieu of all or a portion of a membership fee described in this section from members that are newspaper or magazine publishers. The producer responsibility organization may consider the in-state reach of the advertising when determining the value of the advertising. [2021 c.681 §11]

 

      459A.887 Annual report; materials disposition report. (1) No later than July 1 of each year, a producer responsibility organization must submit to the Department of Environmental Quality for approval by the department an annual report on the development, implementation and operation of the producer responsibility program. The annual report must:

      (a) Cover the prior calendar year;

      (b) Present information in a manner that can be understood by the general public; and

      (c) Be otherwise prepared in the form and manner prescribed by the department.

      (2) The annual report must include:

      (a) A list of the producers that participated in the producer responsibility program;

      (b) A list of any producers found to be out of compliance with the producer responsibility program plan and steps taken to bring those producers into compliance;

      (c) The total amount, by weight and type of material, of covered products sold or distributed in or into this state by participating producers in the prior calendar year;

      (d) A description of the producer responsibility organization’s efforts, including work with processors, to ensure that the collected covered products were responsibly managed and delivered to responsible end markets;

      (e) A complete accounting and summary of payments requested by local governments and local governments’ service providers and paid by the producer responsibility organization under ORS 459A.890;

      (f) A description of all expansions and improvements to recycling collection systems that have been paid for by the producer responsibility organization, whether those expansions or improvements have been implemented, the funds provided for such expansions and improvements, and what collection programs are still scheduled for expansions or improvements in the remaining duration of the producer responsibility program plan;

      (g) A summary of payments paid by the producer responsibility organization under ORS 459A.920 and 459A.923;

      (h) A summary of payments requested by local governments or local governments’ service providers that were denied or reduced by the producer responsibility organization;

      (i) A summary of all other payments made to satisfy the producer responsibility organization’s obligations under ORS 459A.860 to 459A.975, including but not limited to payments made to support responsible recycling of specifically identified materials, as described in ORS 459A.917;

      (j) A summary of the financial status of the producer responsibility organization, including annual expenditures, revenues and assets;

      (k)(A) The membership fee schedule described in ORS 459A.884;

      (B) The fees collected pursuant to the membership fee schedule for the reporting year; and

      (C) A description of how the current membership fee schedule meets the requirements of ORS 459A.884;

      (L) A description of activities undertaken by the producer responsibility organization that relate to the uniform statewide collection list and the specifically identified materials list;

      (m) An assessment of whether the producer responsibility organization has met collection targets, convenience standards and performance standards established by the Environmental Quality Commission under ORS 459A.914 and efforts planned to meet or continue meeting such targets and standards;

      (n) A summary of efforts taken by the producer responsibility organization to meet the statewide plastic recycling goal established under ORS 459A.926 and efforts planned to maintain performance in meeting the goal or, if the goal has not been met, efforts planned to meet the goal;

      (o) The results of any in-person site inspections, material tracking or other audits conducted during the reporting year, including whether any major safety or environmental management practices were not properly followed and, if so, the corrective actions taken;

      (p) Recommendations for any changes to the producer responsibility organization’s plan to improve recovery and recycling;

      (q) A summary of the quarterly reports described in subsection (6) of this section and an evaluation of the adequacy of responsible end markets;

      (r) A summary of actions actually taken or planned by the producer responsibility organization to improve responsible end markets, pay for improvements in processing infrastructure or improve the resiliency of the producer responsibility program;

      (s) The number of producers that received each type of membership fee adjustment offered under ORS 459A.884 and the amount of covered products, by material and format, for which producers received each type of adjustment;

      (t) An evaluation of the effectiveness of membership fee adjustments at encouraging producers to reduce the environmental and human health impacts of covered products, with relation to the factors and criteria used by the producer responsibility organization’s membership fee structure;

      (u) An evaluation of the producer responsibility organization’s compliance with ORS 459A.860 to 459A.975 and, if necessary, actions that will be taken to achieve compliance;

      (v) A report by an independent certified public accountant, retained by the producer responsibility organization at the organization’s expense, on the accountant’s audit of the organization’s financial statements;

      (w) The results of any nonfinancial audits or assessments measuring performance or outcomes;

      (x) A description of activities undertaken by the producer responsibility organization that relate to the educational resources and promotional campaigns described in ORS 459A.893; and

      (y) Any other information required by the department.

      (3)(a) A producer responsibility organization shall include in a report submitted under this section a confidential addendum containing information on the membership fees paid to the producer responsibility organization by individual members and information that can be used to calculate the market share of individual members in accordance with rules adopted by the commission under ORS 459A.869. Information included in the confidential addendum is not subject to public disclosure under ORS 192.311 to 192.478, except that the department may disclose summarized information or aggregated data if the information or data do not directly or indirectly identify the amount of membership fees paid by or market share of any individual producer.

      (b) The report must also aggregate and summarize the information described in paragraph (a) of this subsection in a manner that does not directly or indirectly identify the amount of membership fees paid by any individual producer.

      (4) The department shall review reports submitted under this section and solicit feedback on each report from the Oregon Recycling System Advisory Council. The department shall make each report available for public comment for a period of not less than 30 days. The department shall submit the comments of the department, the council and the public to the producer responsibility organization. The department shall approve reports that meet the requirements of this section to the satisfaction of the department.

      (5)(a) If the department does not approve a report under subsection (4) of this section, the department must provide the producer responsibility organization with written notice of revisions necessary for approval and the timeline for resubmittal.

      (b) The department may bring an enforcement action if:

      (A) The revised report required under paragraph (a) of this subsection is not timely submitted; or

      (B) The revised report does not meet the requirements of this section to the satisfaction of the department.

      (6) No later than 45 days after the end of each calendar quarter, a producer responsibility organization shall provide a materials disposition report to the department describing the final disposition during that calendar quarter of all materials for which the organization is responsible. The report required under this subsection must include:

      (a) The final end markets of the materials;

      (b) The location of all facilities used to process the materials;

      (c) A description of any disposition that does not meet the standards described in ORS 459A.896 (2); and

      (d) The amount of materials processed and the final disposition by weight or volume of all materials, including materials that were not used by the end markets. [2021 c.681 §12]

 

      459A.890 Compensation to local governments; needs assessment; rules. (1) A producer responsibility organization shall, upon request, fund in advance or reimburse, as appropriate, the eligible expenses of a local government or the local government’s service provider for eligible costs as provided in this section.

      (2)(a) The costs of transporting covered products from a recycling depot or recycling reload facility to a commingled recycling processing facility or a responsible end market, including the cost to receive, consolidate, load and transport covered products, are eligible costs for funding or reimbursement by a producer responsibility organization.

      (b) Eligible costs under this subsection do not include costs for:

      (A) The transport of covered products directly from a generator to a recycling processing facility or a responsible end market.

      (B) The transport of covered products from a recycling depot if the recycling depot is not designated or authorized by a local government as part of the recycling program operated by the local government or the local government’s service provider.

      (C) The proportion of a shipment of recyclable material that is not covered products.

      (D) The transport of covered products for distances greater than the distance to the closest commingled recycling processing facility or responsible end market with capacity to accept the covered products.

      (E) The transport of covered products for less than 50 miles or for a greater de minimis distance, as established by the Environmental Quality Commission by rule.

      (c) The commission shall establish by rule methods for determining funding or reimbursement amounts under this subsection. Methods may include payments based on zones and must account for proximity to an appropriate commingled recycling processing facility or responsible end market that has capacity to process or recycle the material and other factors that could affect transportation costs.

      (3) The costs of periodically evaluating the quality and contamination of collected materials as required by ORS 459A.929, if the evaluation occurs at a location other than a commingled recycling processing facility, are eligible costs for funding or reimbursement by a producer responsibility organization.

      (4)(a) The costs of contamination reduction programming for residential and commercial customers required by ORS 459A.929 and the cost of similar contamination reduction programming provided by local governments not subject to the requirements of ORS 459A.929 are eligible costs for funding or reimbursement by a producer responsibility organization.

      (b) The commission shall establish by rule methods for determining funding or reimbursement amounts under this subsection. Rules adopted under this subsection may not require producer responsibility organizations to provide funding or reimbursement of more than $3 per capita per year, based on the population of a local government or, if the local government is a county, the population of the unincorporated area of the county.

      (5)(a) Costs associated with the expansion and provision of recycling collection services for covered products as provided in this subsection are eligible costs for funding or reimbursement by a producer responsibility organization.

      (b) A local government that commits to expanding recycling opportunities during the needs assessment conducted under subsection (8) of this section is eligible for funding or reimbursements under this subsection. A producer responsibility organization shall work with local governments to determine the services the local government is requesting and the schedule by which the new program will be implemented, and shall provide funding for the new programs in advance of or concurrent with implementation.

      (c) A producer responsibility organization shall provide funding for activities requested by local governments through the periodic needs assessment conducted under subsection (8) of this section.

      (d) Eligible costs under this subsection include:

      (A) For on-route programs, start-up costs, including but not limited to trucks, containers, promotional literature and, if necessary and none other is available, a recycling reload facility for reloading recyclables, including any compaction equipment necessary for the recycling reload facility; and

      (B) For recycling depots, containers, on-site monitoring equipment, site preparation or other start-up costs and operational costs, including staffing.

      (6) The costs of complying with ORS 459A.908, to the extent that the use of post-consumer recycled material is more expensive than the lowest priced alternative, are eligible costs for funding or reimbursement by a producer responsibility organization.

      (7) The costs associated with other recycling system improvements for covered products as determined by the commission by rule are eligible costs for funding or reimbursement by a producer responsibility organization.

      (8)(a) The Department of Environmental Quality shall conduct a statewide needs assessment in partnership with local governments and local governments’ service providers to determine local interest in expanding collection options and recycling depots in areas not served with those collection opportunities, provided that funds are made available to the local programs for expansion.

      (b) The needs assessment shall include a process for local governments to request services and commit to providing additional services.

      (c) The department shall periodically repeat the assessment and may conform the timing of the assessment to coincide with the schedule for producer responsibility organizations to submit new producer responsibility program plans.

      (9) A local government or the local government’s service provider requesting reimbursement under this section shall submit an accounting of its costs to a producer responsibility organization, if the reimbursement is not otherwise determined according to a formula.

      (10) A producer responsibility organization shall remit payment for expenses under this section to a local government or the local government’s service provider or other person authorized by the local government to receive payment within 60 days of receiving a request for payment. A producer responsibility organization shall provide written notification to the local government of any payments remitted to a person authorized by the local government to receive payment.

      (11)(a) The department may review or audit the cost accounting and reimbursement request records of a producer responsibility organization, a local government or the local government’s service provider that receives payment under this section.

      (b) The department shall require a local government or a local government’s service provider that receives advance funding under this subsection and does not use the moneys for the purposes for which the funding was provided to return the funding to the producer responsibility organization, according to standards established by the commission by rule.

      (c) Information furnished to the department under paragraph (a) of this subsection may be designated confidential. Information designated confidential is not subject to public disclosure under ORS 192.311 to 192.478, except that the department may disclose the information in a summarized or aggregate form.

      (12) A local government shall identify to the department the local government’s service providers that are authorized to receive funding or reimbursement directly, as described in this section, from producer responsibility organizations in the periodic report submitted according to the requirements of ORS 459A.050.

      (13) A local government or local government’s service provider that has received funds for expansion or improvements to recycling collection under this section shall report to the producer responsibility organization when the expansion or improvements have been fully implemented. A local government or local government’s service provider must also report the status of implementation to the producer responsibility organization on an annual basis for any funded collection program that has not been fully implemented, so that the producer responsibility organization may include that information in the annual report required under ORS 459A.887.

      (14) The disposal of covered products by means of landfilling or incineration may not be an eligible cost for funding or reimbursement by a producer responsibility organization under this section. [2021 c.681 §13]

 

      459A.893 Development of educational resources; promotional campaigns. (1) A producer responsibility organization, in consultation with the Oregon Recycling System Advisory Council, shall develop educational resources and promotional campaigns to promote the uniform statewide collection list. Resources and campaigns developed under this section must include, but need not be limited to:

      (a) A description of materials identified for recycling as described in ORS 459A.914;

      (b) Requirements to properly prepare materials for recycling;

      (c) Education on the importance of not placing contaminants in commingled recycling collection; and

      (d) Container signs or decals.

      (2) A producer responsibility organization must provide opportunities for local governments and local governments’ service providers to review and comment on draft materials developed under this section.

      (3) Educational resources and campaigns developed under this section must be:

      (a) Culturally responsive to diverse audiences across this state, including people who speak languages other than English and people with disabilities;

      (b) Printed or produced in languages other than English; and

      (c) Accessed easily and at no cost to local governments and users of the recycling system.

      (4) A producer responsibility organization shall make the educational resources developed under this section available in a form that allows each local government or the local government’s service providers to customize the resources to reflect local conditions.

      (5) When reviewing and commenting on a producer responsibility organization’s draft materials under subsection (2) of this section, a local government must take responsibility to ensure that the educational resources and campaigns being developed by the producer responsibility organization meet the needs of diverse audiences within the local government’s community.

      (6) A local government that provides the opportunity to recycle or the local government’s service provider shall utilize and distribute educational resources developed under this section. A local government or the local government’s service provider may incorporate the educational resources developed under this section into an existing education program developed to satisfy the requirements of ORS 459A.007 and 459A.008.

      (7)(a) A producer responsibility organization shall coordinate and fund the distribution of statewide promotional campaigns developed under this section through media channels that may include, but need not be limited to, print publications, radio, television, the Internet and online streaming services.

      (b) A producer responsibility organization must coordinate and fund the distribution of statewide promotional campaigns following the first establishment of the uniform statewide collection list and after each revision of the uniform statewide collection list, but not more frequently than once per calendar year.

      (8)(a) Except as provided in paragraph (b) of this subsection, educational resources and campaigns developed under this section must be reviewed by the council and approved by the Department of Environmental Quality before public distribution.

      (b) Changes or alterations to educational resources and campaigns previously approved by the department that do not materially affect the substance of the information conveyed do not require review or approval under this subsection.

      (9) Educational resources developed under this section must be updated no later than four months following any subsequent changes made by the department to the uniform statewide collection list. [2021 c.681 §14]

 

      Note: Sections 1 to 3, chapter 100, Oregon Laws 2023, provide:

      Sec. 1. Section 2 of this 2023 Act is added to and made a part of ORS 459A.860 to 459A.975. [2023 c.100 §1]

      Sec. 2. Recommendations for digital labeling to convey recyclability claims. No later than December 31, 2027, a producer responsibility organization shall:

      (1) In developing educational resources and promotional campaigns under ORS 459A.893, consider and develop recommendations for the use of digital labeling by producers to convey information about recyclability claims; and

      (2) Include its recommendations in a producer responsibility program plan submitted to the Department of Environmental Quality under ORS 459A.875 or a plan amendment submitted under ORS 459A.881. [2023 c.100 §2]

      Sec. 3. Section 2 of this 2023 Act is repealed on January 2, 2033. [2023 c.100 §3]

 

      459A.896 Other duties of producer responsibility organization. (1) A producer responsibility organization must provide for the collection and responsible recycling of covered products identified by the Environmental Quality Commission under ORS 459A.914 (1)(b), in a way that meets collection targets, convenience standards and performance standards established under ORS 459A.914, by:

      (a) Where possible, first contracting with existing recycling depots or drop off centers to provide for the collection of the covered product;

      (b) Establishing and operating other drop off centers for the covered product;

      (c) Establishing and operating collection events for the covered product; or

      (d) Making other arrangements for the collection of the covered product as described in a producer responsibility program plan.

      (2) A producer responsibility organization shall, to the extent practicable, ensure that covered products collected in this state for the purpose of recovery and described in ORS 459A.869 (7) will be:

      (a) Delivered to responsible end markets;

      (b) Managed according to the hierarchy of materials management options under ORS 459.015 (2); and

      (c) Managed in an environmentally protective way through to final disposition.

      (3) A producer responsibility organization may not take possession of covered products from a processor for any purpose without the written consent of the processor. [2021 c.681 §15]

 

(Oregon Recycling System Advisory Council)

 

      459A.899 Oregon Recycling System Advisory Council. (1) The Oregon Recycling System Advisory Council is established.

      (2) The council consists of 19 members appointed as follows:

      (a) The President of the Senate shall appoint one member from among the members of the Senate, and the Speaker of the House of Representatives shall appoint one member from among members of the House of Representatives, but the members appointed under this paragraph may not be from the same political party.

      (b) The Governor shall appoint 17 members as follows:

      (A) Four representatives of local governments;

      (B) Two representatives of community-based organizations representing the interests of historically underserved groups;

      (C) One owner or operator of a small business that is not eligible for representation under subparagraph (E) or (F) of this paragraph;

      (D) Two representatives of environmental nonprofit organizations;

      (E) Four representatives of the recycling industry, including local governments’ service providers, processors or material end users; and

      (F) Four representatives of producers of covered products or producer trade associations or suppliers. Any members appointed to the council under this subparagraph that are producers of covered products shall belong to a producer responsibility organization and represent different industries.

      (c) The Governor shall appoint members that reflect the geographic diversity of this state and the interests of both large and small communities.

      (3)(a) The term of office of each member of the council is three years, but members who are not legislators serve at the pleasure of the Governor.

      (b) Before the expiration of the term of a member, the appointing authority shall appoint a successor whose term begins on July 1 following the appointment. A member is eligible for reappointment.

      (c) If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective for the unexpired term.

      (4) A majority of the voting members of the council constitutes a quorum.

      (5) The council shall elect one of its members to serve as chairperson and another to serve as vice chairperson, for the terms and with the duties and powers necessary for the performance of the functions of such offices as the council determines. The chairperson and vice chairperson may not both be members appointed under the same subparagraph of subsection (2)(b)(A) to (F) of this section.

      (6) The council shall meet at least once every three months at times and places specified by the chairperson. The council also may meet at other times and places specified by the call of the chairperson or of a majority of the voting members of the council, as necessary, to carry out the duties of the council.

      (7) The Department of Environmental Quality shall provide administrative and staff support and facilities as necessary for the council to carry out the duties of the council.

      (8) A member of the council who is not a legislator is entitled to compensation and expenses in the manner and amounts provided for in ORS 292.495. Claims for compensation and expenses incurred in performing functions of the council shall be paid out of funds appropriated to the department for that purpose.

      (9) Members of the Legislative Assembly that are appointed to the council are nonvoting members of the council and may act in an advisory capacity only.

      (10) The council may adopt rules necessary for the operation of the council. [2021 c.681 §17]

 

      Note: Section 64, chapter 681, Oregon Laws 2021, provides:

      Sec. 64. Notwithstanding the term of office specified in section 17 of this 2021 Act [459A.899], of the members first appointed to the Oregon Recycling System Advisory Council by the Governor:

      (1) Five shall serve for terms ending June 30, 2023.

      (2) Six shall serve for terms ending June 30, 2024.

      (3) Six shall serve for terms ending June 30, 2025. [2021 c.681 §64]

 

      459A.902 Duties of council. (1) The Oregon Recycling System Advisory Council shall:

      (a) Review activities related to ORS 459A.860 to 459A.975;

      (b) Advise the Department of Environmental Quality and producer responsibility organizations on issues related to the implementation of ORS 459A.860 to 459A.975;

      (c) Review producer responsibility program plans submitted under ORS 459A.875, plan amendments submitted under ORS 459A.881 and program reports submitted under ORS 459A.887;

      (d) Make recommendations to the department and producer responsibility organizations related to the establishment and maintenance of the list of specifically identified materials;

      (e) Make recommendations to the department and producer responsibility organizations about any other material that should not be included as a covered product; and

      (f) Make written recommendations to the department and producer responsibility organizations on matters that the council determines are beneficial to the public interest, including:

      (A) Matters related to producer responsibility program plans created to satisfy the requirements of ORS 459A.875, program plan audits and reports required by the plans, including:

      (i) Producer membership fee structures described in ORS 459A.884;

      (ii) Recycling depot or mobile collection events for recyclable items; and

      (iii) Other aspects of a producer responsibility program intended to improve access to recycling, including access for residents of multifamily housing.

      (B) The uniform statewide collection list.

      (C) The manner in which producer responsibility organization fees will be distributed to local governments or local governments’ service providers under ORS 459A.890, including:

      (i) Review of statewide transportation, reload reimbursement and other formulaic elements; and

      (ii) Priorities for system funding where discretion is provided in statute or in rules adopted by the Environmental Quality Commission.

      (D) Statewide educational resources and campaigns.

      (E) The manner in which producer responsibility organization fees will be distributed to processors to improve infrastructure.

      (2) The council may only adopt recommendations upon a vote of a majority of the members of the council.

      (3) No later than September 15 of each even-numbered year, the council shall submit to interim committees of the Legislative Assembly related to the environment, in the manner provided by ORS 192.245, a report that describes the recommendations of the council.

      (4) Within 45 days of receiving written recommendations from the council under subsection (1)(d) to (f) of this section, a producer responsibility organization must provide a written response to the council, including reasons why any recommendations were not accepted.

      (5) Within 60 days of receipt of written recommendations provided under subsection (1)(d) to (f) of this section, the department shall provide a written response to the council, including reasons why any recommendations were not accepted. [2021 c.681 §18]

 

(Responsibilities of Local Governments)

 

      459A.905 Prohibition on delivery of commingled recyclables to certain facilities. (1) As used in this section, “commingled recycling reload facility” means a facility that receives commingled recyclables collected by a local government or local government’s service provider as an intermediate step prior to delivery to a commingled recycling processing facility.

      (2) A local government, the local government’s service provider or a commingled recycling reload facility may not deliver to a commingled recycling processing facility commingled recyclables that were collected pursuant to the uniform statewide collection list established under ORS 459A.914 unless:

      (a) At the time the local government, the local government’s service provider or the commingled recycling reload facility delivered or contracted to deliver or transport materials to the commingled recycling facility:

      (A) The commingled recycling facility held a valid permit issued under ORS 459A.955; or

      (B) For a commingled recycling facility located outside of this state:

      (i) The facility held a valid certificate issued under ORS 459A.956; or

      (ii) The facility certified that it otherwise met the requirements of ORS 459A.955 or 459A.956, even though the facility did not hold a permit or certificate.

      (b) Within six months after the Department of Environmental Quality completes a report under ORS 459A.932, the commingled recycling processing facility has taken steps to implement any recommendations of the report related to providing opportunities in the recycling industry for women and minority individuals as defined in ORS 200.005. [2021 c.681 §19]

 

      Note: 459A.905 becomes operative July 1, 2025. See section 63, chapter 681, Oregon Laws 2021.

 

      Note: The amendments to 459A.905 by section 19a, chapter 681, Oregon Laws 2021, become operative January 1, 2027. See section 63, chapter 681, Oregon Laws 2021. The text that is operative on and after January 1, 2027, is set forth for the user’s convenience.

      459A.905. (1) As used in this section, “commingled recycling reload facility” means a facility that receives commingled recyclables collected by a local government or local government’s service provider as an intermediate step prior to delivery to a commingled recycling processing facility.

      (2) A local government, the local government’s service provider or a commingled recycling reload facility may not deliver to a commingled recycling processing facility commingled recyclables that were collected pursuant to the uniform statewide collection list established under ORS 459A.914 unless:

      (a) At the time the local government, the local government’s service provider or the commingled recycling reload facility delivered or contracted to deliver or transport materials to the commingled recycling facility:

      (A) The commingled recycling facility held a valid permit issued under ORS 459A.955; or

      (B) For a commingled recycling facility located outside of this state:

      (i) The facility held a valid certificate issued under ORS 459A.956; or

      (ii) The facility certified that it otherwise met the requirements of ORS 459A.955 or 459A.956, even though the facility did not hold a permit or certificate.

      (b) The processor ensures the health, safety and wellness of workers at the facility regardless of whether the workers are employees, independent contractors or employees of another business.

      (c) The processor provides workers at the facility with a living wage and supportive benefits, as defined by the rule by the Environmental Quality Commission.

      (d) Within six months after the Department of Environmental Quality completes a report under ORS 459A.932, the commingled recycling processing facility has taken steps to implement any recommendations of the report related to providing opportunities in the recycling industry for women and minority individuals as defined in ORS 200.005.

 

      459A.908 Roll carts. A local government shall ensure that roll carts, bins and containers purchased by the local government’s service providers are manufactured from at least 10 percent post-consumer recycled material and are certified by an independent verification standard, such as the Postconsumer Resin Certification Program established by the Association of Plastic Recyclers. [2021 c.681 §21]

 

      Note: 459A.908 becomes operative January 1, 2026. See section 62, chapter 681, Oregon Laws 2021.

 

      459A.911 Other duties of local governments. A local government providing the opportunity to recycle must, for the recycling collection of materials identified on the uniform statewide collection list at multifamily properties:

      (1) Ensure adequate space for collection.

      (2) Demonstrate a plan to