reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 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.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 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.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 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.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 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.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 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.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 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.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 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.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 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.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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]
2023 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 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]
2023 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]
2023 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]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 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]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 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]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 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.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 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 ensure adequate space and access for collection vehicles after new construction or significant remodels.
(3) Update or establish service standards for service providers to provide adequate service volume or collection frequency, or a combination of both.
(4) Ensure that container placement is accessible to residents, including children and individuals who use a wheelchair.
(5) Report on activities to meet the requirements of this section in the periodic report submitted according to the requirements of ORS 459A.050. [2021 c.681 §20]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.917 - Specifically identified materials.

(1) The Department of Environmental Quality, in consultation with producer responsibility organizations and the Oregon Recycling System Advisory Council, shall establish and maintain a list of specifically identified materials.
(2) In determining whether a covered product is a specifically identified material, the department shall consider criteria that include, but need not be limited to:
(a) Whether recycling processing equipment improvements are needed to sort the material and when producer responsibility organizations will fund those improvements;
(b) The availability of viable responsible end markets for the material;
(c) Economic factors affecting the value of the material; and
(d) Whether the inclusion of the covered product in recycling collection programs could cause an increase in costs. [2021 c.681 §23]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.920 - Contamination management fee; rules.

(1) The Environmental Quality Commission shall by rule adopt and periodically revise a contamination management fee to be paid by producer responsibility organizations to commingled recycling processing facilities to compensate the facilities for the costs of removing and disposing covered products that are contaminants. The amount of the fee shall be based on the result of the study conducted under subsection (2) of this section. Rules adopted under this section must:
(a) Provide that payment of the fee may not be required more frequently than once per month and must be paid within 45 days of a request for payment;
(b) Provide that the fee may not be based on commingled recycling originating outside of Oregon; and
(c) Establish a review process to ensure that the fee is appropriately charged.
(2) The Department of Environmental Quality shall contract with an independent organization to conduct the study under this subsection. The study must:
(a) Estimate the cost to commingled recycling processing facilities of removing and disposing of covered products that are contaminants, reported as the cost per ton of covered products; and
(b) Estimate the costs to commingled recycling processing facilities of removing and disposing of all contaminants, reported as the cost per ton of all contaminants.
(3) A commingled recycling processing facility that does not participate in the review process described in subsection (1) of this section or the study described in subsection (2) of this section is not eligible to receive a contamination management fee.
(4) Any proprietary information provided to the department under subsection (1) of this section or to a person conducting a study under subsection (2) of this section may be designated confidential by a commingled recycling processing facility. Information designated confidential is not subject to public disclosure under ORS 192.311 to 192.478, except that information may be disclosed as summarized or aggregated data if doing so does not directly or indirectly disclose the proprietary information of any specific facility.
(5) The department shall review the contamination management fee at least once every five years. The department may not review the contamination management fee more frequently than once per year. [2021 c.681 §24]