2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 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.
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.
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]