reglab/housing_qa huggingface dataset:
OR Rev Stat § 459A.830 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459A - Reuse and Recycling|Section 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.
OR Rev Stat § 459A.832 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459A - Reuse and Recycling|Section 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.
OR Rev Stat § 459A.835 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459A - Reuse and Recycling|Section 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.
OR Rev Stat § 459A.837 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459A - Reuse and Recycling|Section 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.
OR Rev Stat § 459A.840 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459A - Reuse and Recycling|Section 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.
OR Rev Stat § 459A.845 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459A - Reuse and Recycling|Section 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.
OR Rev Stat § 459A.847 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459A - Reuse and Recycling|Section 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.
OR Rev Stat § 459A.850 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459A - Reuse and Recycling|Section 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.
OR Rev Stat § 459A.852 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459A - Reuse and Recycling|Section 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.
OR Rev Stat § 459A.855 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459A - Reuse and Recycling|Section 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.
OR Rev Stat § 459A.860 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459A - Reuse and Recycling|Section 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]
OR Rev Stat § 459A.866 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459A - Reuse and Recycling|Section 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 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]
OR Rev Stat § 459A.872 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459A - Reuse and Recycling|Section 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]
OR Rev Stat § 459A.881 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459A - Reuse and Recycling|Section 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]