Title 36A, Housing; Lottery and Games; Environment

(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…

(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…

(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 distri…

(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 a…

(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 stat…

(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 conven…

(1) Any person may establish a dealer redemption center, as provided in this section, to serve a dealer. (2) Notwithstanding any other provision of ORS 459A.700 to 459A.754, a dealer redemption center must: (a) Provide secure drop off service at no charge for empty beverage conta…

(1) To expand and enhance alternative redemption access opportunities for individuals who redeem empty beverage containers on a daily or near daily basis, the Oregon Liquor and Cannabis Commission may approve one or more alternative access redemption centers at which any person m…

(1) The Oregon Liquor and Cannabis Commission shall specify a convenience zone for an alternative access redemption center and a convenience zone for a mobile or satellite redemption site as provided in this section. The convenience zone specified for: (a) An alternative access r…

(1)(a) The Oregon Liquor and Cannabis Commission shall classify the two existing convenience zones specified under ORS 459A.738 for a full-service redemption center as a single low-impact convenience zone if: (A) In the prior year, the combined volume of beverage container return…

(1) No less than once every three years, the Oregon Liquor and Cannabis Commission shall review each convenience zone specified under ORS 459A.738 and each low-impact convenience zone. The review must include consultation with: (a) The distributor cooperative; (b) Participating d…

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.742]

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.743]

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 …

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 provi…

(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 establishm…

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 lo…

(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 …

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…

(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 fo…

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 differen…

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 implementa…

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 …

(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 wit…

(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 thi…

(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…

(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) I…

(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 …

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 direc…

(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 gran…

(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 directo…

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 pain…

(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 spe…

(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 agai…

(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 E…

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 Pr…

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 s…

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) “…

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 packag…

(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 …

(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 …

(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 w…

(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 amend…

(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 459…

(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 …

(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…

(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 co…

(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…

(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 sta…

(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 appoi…