Bill Text: OR HB2048 | 2013 | Regular Session | Enrolled
Bill Title: Relating to paint stewardship; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2013-07-29 - Chapter 677, (2013 Laws): Effective date July 29, 2013. [HB2048 Detail]
Download: Oregon-2013-HB2048-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2048
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of Governor John A. Kitzhaber, M.D., for
Department of Environmental Quality)
CHAPTER ................
AN ACT
Relating to paint stewardship; creating new provisions; amending
ORS 459.995 and sections 2, 3, 4, 6, 7 and 9, chapter 777,
Oregon Laws 2009; repealing sections 13 and 14, chapter 777,
Oregon Laws 2009; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
ARCHITECTURAL PAINT STEWARDSHIP PROGRAM + }
SECTION 1. Section 2, chapter 777, Oregon Laws 2009, is amended
to read:
{ + Sec. 2. + } As used in sections 1 to 10 { + , chapter
777, Oregon Laws 2009 + } { - of this 2009 Act - } :
(1)(a) 'Architectural paint' means interior and exterior
architectural coatings sold in containers of five gallons or
less.
(b) 'Architectural paint' does not mean industrial, original
equipment or specialty coatings.
(2) 'Architectural paint stewardship assessment' means the
amount added to the purchase price of architectural paint sold in
this state { - necessary - } to cover the cost of collecting,
transporting and processing the post-consumer architectural paint
managed through a statewide architectural paint stewardship
{ - pilot - } program.
{ + (3) 'Cost per gallon' means the total cost to a
stewardship organization, including the amounts held in
unallocated reserve funds, of an architectural paint stewardship
program during a calendar year divided by the total number of
gallons of post-consumer architectural paint collected during the
same calendar year. + }
{ - (3) - } { + (4) + } 'Distributor' means a company that
has a contractual relationship with one or more producers to
market and sell architectural paint to retailers in this state.
{ - (4) - } { + (5) + } 'Energy recovery' means recovery in
which all or a part of the solid waste materials of architectural
paint are processed to use the heat content or other forms of
energy from the solid waste materials.
{ + (6) 'Environmentally sound management practices' means
policies and practices that are to be implemented by a
stewardship organization, or by contractors working for a
Enrolled House Bill 2048 (HB 2048-B) Page 1
stewardship organization, to ensure compliance with all
applicable laws related to the collection, storage,
transportation, reuse, recycling and disposal of post-consumer
architectural paint and that address:
(a) Adequate record keeping;
(b) The tracking and documentation of the fate of post-consumer
architectural paint within this state and outside this state; and
(c) Adequate environmental liability coverage for professional
services and for the operations of contractors working for a
stewardship organization.
(7)(a) 'Permanent collection site' means a collection site for
post-consumer architectural paint at a fixed location with
regular hours of operation.
(b) 'Permanent collection site' does not mean collection
events. + }
{ - (5) - } { + (8) + } 'Post-consumer architectural paint'
means architectural paint not used and no longer wanted by its
purchaser.
{ + (9) 'Premium service' means the curbside collection of
post-consumer architectural paint by local governments as defined
in ORS 174.116, a collection service franchise holder under ORS
459A.085 or any person authorized by a local government to
provide collection service as defined in ORS 459.005 (3), which
is included in rates for the curbside collection paid by the
customers. + }
{ - (6) - } { + (10) + } 'Producer' means a person that
manufactures architectural paint that is sold or offered for sale
in this state.
{ - (7)(a) - } { + (11)(a) + } 'Recycling' means any
process by which discarded products, components and by-products
are transformed into new usable or marketable materials in a
manner in which the products may lose their original composition.
(b) 'Recycling' does not include energy recovery or energy
generation by means of combusting discarded products, components
and by-products with or without other waste products from
post-consumer architectural paint.
{ + (12) 'Recycling rate' means the percentage of the total
amount of latex post-consumer architectural paint collected by a
stewardship organization in a calendar year that is recycled
during the same calendar year. + }
{ - (8) - } { + (13) + } 'Retailer' means any person that
sells or offers for sale architectural paint at retail in this
state.
{ - (9) - } { + (14) + } 'Reuse' means the return of a
product into the economic stream for use in the same kind of
application intended for the use of the product, without a change
in the product's original composition { + or packaging + }.
{ - (10) - } { + (15) + } 'Sell' or 'sale' means any
transfer of title for consideration, including remote sales
conducted through sales outlets, catalogs or the Internet or
through any other similar electronic means.
{ - (11) 'Sound management practices' means policies to be
implemented by a producer or a stewardship organization to ensure
compliance with all applicable laws and that address: - }
{ - (a) Adequate record keeping; - }
{ - (b) The tracking and documentation of the use, reuse or
disposal of post-consumer architectural paint within this state
and outside this state; and - }
Enrolled House Bill 2048 (HB 2048-B) Page 2
{ - (c) Adequate environmental liability coverage for
professional services and for the operations of contractors
working for producers or a stewardship organization. - }
{ - (12) - } { + (16) + } 'Stewardship organization' means
a corporation, nonprofit organization or other legal entity
created by a producer or group of producers to implement
{ - the - } { + an + } architectural paint stewardship
{ - pilot - } program { + as + } described in sections 1 to 10
{ - of this 2009 Act - } { + , chapter 777, Oregon Laws
2009 + }.
SECTION 2. Section 3, chapter 777, Oregon Laws 2009, is amended
to read:
{ + Sec. 3. + } (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 { - a - } { + an
approved + } statewide architectural paint stewardship
{ - pilot - } program organized by a stewardship organization.
A retailer is in compliance with this
{ - section - } { + 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 { - pilot - } program.
(2) { + (a) + } { - At the time of sale to a consumer, a
producer or retailer - } { + A stewardship organization must
provide retailers + } selling or offering for sale architectural
paint { - must provide the consumer - } with information on
available { - end-of-product-life management options - }
{ + collection opportunities for post-consumer architectural
paint + } offered through { - an - } { + the
organization's + } architectural paint stewardship
{ - pilot - } 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. + }
SECTION 3. Section 4, chapter 777, Oregon Laws 2009, is amended
to read:
{ + Sec. 4. + } (1) { - No later than March 1, 2010, - } A
stewardship organization must submit a plan for a statewide
architectural paint stewardship { - pilot - } program to the
Director of the Department of Environmental Quality for
approval { + under section 6 of this 2013 Act + }. { + The plan
must address the requirements set forth in subsections (2) and
(4) of this section. + }
(2) The plan must:
{ - (a) Provide for convenient and available statewide
collection of post-consumer architectural paint in urban and
rural areas of this state; - }
{ - (b) Identify each producer participating in the program
and the brands of architectural paint sold by each producer;
and - }
{ + (a) Specify educational and outreach activities and
materials that promote the architectural paint stewardship
program. Educational and outreach materials must include, but
are not limited to, signage, written materials and templates of
materials for reproduction by retailers to be provided to the
consumer at the time of sale. The materials must:
Enrolled House Bill 2048 (HB 2048-B) Page 3
(A) Identify collection opportunities for post-consumer
architectural paint;
(B) Explain the architectural paint stewardship assessment
described in this section; and
(C) Promote:
(i) A reduction in the generation of post-consumer
architectural paint; and
(ii) The reuse, recovery and recycling of post-consumer
architectural paint.
(b) Specify activities related to the establishment and
maintenance of a convenient system for the collection of
post-consumer architectural paint as described in section 4 of
this 2013 Act.
(c) Establish and provide for the development and
implementation of goals to reduce the generation of post-consumer
architectural paint, including goals for:
(A) Reducing the amount of post-consumer architectural paint
that is generated in this state;
(B) Increasing the recycling rate for latex paint; and
(C) Increasing public awareness of the architectural paint
stewardship program.
(d) Promote the reuse of post-consumer architectural paint.
(e) Undertake the responsibility of negotiating and executing
contracts to collect, transport, recycle and process
post-consumer architectural paint for end-of-product-life
management that includes recycling, energy recovery and disposal.
(f) Describe how the end-of-product-life management of
post-consumer architectural paint that is collected under the
program will use environmentally sound management practices that
are consistent with ORS 459.015 (2).
(g) Reflect compliance by the stewardship organization with
section 3, chapter 777, Oregon Laws 2009.
(3) The director may exempt a stewardship organization from one
or more of the activities specified in subsection (2) of this
section if the director determines that the activity is
impracticable or is unlikely to further the provisions of
sections 1 to 10, chapter 777, Oregon Laws 2009.
(4) In addition to the requirements specified in subsection (2)
of this section, the plan must also:
(a) Identify each producer participating in the program.
(b) Identify the participating brands of architectural paint
sold in this state.
(c) Identify the processors that manage the post-consumer
architectural paint that is collected under the program.
(d) Identify the transporters of post-consumer architectural
paint that is collected under the program.
(e) Include an anticipated annual operating budget for the
program for the next four calendar years, beginning with the year
in which the plan is submitted to the director, as described in
subsection (5) of this section. + }
{ - (c) - } { + (f) + } Include a funding mechanism whereby
each architectural paint producer remits to the stewardship
organization payment of an architectural paint stewardship
assessment for each container of architectural paint the producer
sells in this state. The architectural paint stewardship
assessment must be added to the cost of all architectural paint
sold to Oregon retailers and distributors, and each Oregon
retailer or distributor shall add the assessment to the purchase
price of all architectural paint sold in this state. The
architectural paint stewardship assessment may not be described
Enrolled House Bill 2048 (HB 2048-B) Page 4
as an Oregon recycling fee at the point of retail, and a fee may
not be charged to the consumer at the point of collection of
post-consumer architectural paint. To ensure that the funding
mechanism is equitable and sustainable, a uniform architectural
paint stewardship assessment must be established for all
architectural paint sold in this state. The architectural paint
stewardship assessment must be approved by the director as part
of the plan and must be sufficient to recover, but not exceed,
the costs of the architectural paint stewardship { - pilot - }
program.
{ + (5) The budget required under subsection (4) of this
section shall include, but not be limited to, budget line items
relating to:
(a) The development and implementation of the educational and
outreach activities and materials required under subsection
(2)(a) of this section and the provision of information to
retailers required under section 3, chapter 777, Oregon Laws
2009;
(b) The collection, transportation and processing of
post-consumer architectural paint as part of the program;
(c) The administrative costs of the program to the stewardship
organization;
(d) The anticipated amount of moneys that the stewardship
organization will hold in unallocated reserve funds for the
program;
(e) The administrative fees paid to the Department of
Environmental Quality under section 9, chapter 777, Oregon Laws
2009; and
(f) Any additional budgetary information requested by the
director that is necessary for the director to approve the
plan. + }
{ - (3) Beginning no later than July 1, 2010, or two months
after the plan is approved under subsection (1) of this section,
whichever occurs first, the stewardship organization must: - }
{ - (a) Implement an architectural paint stewardship pilot
program described in the plan; - }
{ - (b) Provide for the development and implementation of
strategies to reduce the generation of post-consumer
architectural paint; and - }
{ - (c) Promote the reuse of post-consumer architectural
paint and undertake the responsibility of negotiating and
executing contracts to collect, transport, recycle and process
post-consumer architectural paint for end-of-product-life
management that includes recycling, energy recovery and disposal
using sound management practices. - }
{ - (4) A stewardship organization shall promote the
architectural paint stewardship pilot program and provide
consumers with educational materials describing collection
opportunities for post-consumer architectural paint and
information promoting waste prevention, reuse and recycling. The
educational materials must also make consumers aware that funding
for the operation of the architectural paint stewardship pilot
program has been added to the purchase price of all architectural
paint sold in this state. - }
SECTION 4. { + (1) The convenient system for the collection of
post-consumer architectural paint required under section 4 (2),
chapter 777, Oregon Laws 2009, must ensure that:
(a) One permanent collection site exists for every 30,000
residents in this state.
Enrolled House Bill 2048 (HB 2048-B) Page 5
(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. + }
SECTION 5. { + (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 section 6 of this 2013 Act 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;
Enrolled House Bill 2048 (HB 2048-B) Page 6
(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. + }
SECTION 6. { + (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
Enrolled House Bill 2048 (HB 2048-B) Page 7
holder, or any person authorized by a local government to provide
collection service, to offer premium service. + }
SECTION 7. { + 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 section
6 of this 2013 Act, 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. + }
SECTION 8. Section 6, chapter 777, Oregon Laws 2009, is amended
to read:
{ + Sec. 6. + } { + (1) + } No later than { - September 1,
2011, and by September 1 of each subsequent - } { + April 1 of
each + } year, a stewardship organization must submit { - a - }
{ + 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
{ - pilot - } program approved by the director under
{ - section 4 of this 2009 Act - } { + section 6 of this 2013
Act + }. At a minimum, the report must contain:
{ - (1) - } { + (a) + } A description of the methods used
to collect, transport, recycle and process post-consumer
architectural paint in this state;
{ - (2) The volume and type of post-consumer architectural
paint collected in all regions of this state; - }
{ + (b) A calculation of the total volume in gallons of
post-consumer architectural paint collected by the program,
categorized by latex, alkyd and any other type of paint;
(c) For each permanent collection site and collection event
under the program:
(A) A calculation of the total volume in gallons of
post-consumer architectural paint collected at the site or event;
(B) The address or, if no address is available, the physical
location of the site or event; and
(C) A description of whether the site or event is:
(i) A permanent collection site located at a retailer;
(ii) A permanent collection site or collection event for the
program located within the local solid waste collection
infrastructure; or
(iii) A collection event promoted and paid for by a stewardship
organization;
(d) An estimate of the total weight and disposition of all
paint containers collected by the program; + }
{ - (3) - } { + (e) + } The { + total + } volume of
post-consumer architectural paint collected { - in this
state - } { + under the program, + } { + categorized + } by
method of disposition, including reuse, recycling, energy
recovery and disposal;
{ + (f) The data, conversion factors and any changes from
prior years in the methodology used to complete the analysis
Enrolled House Bill 2048 (HB 2048-B) Page 8
required to comply with paragraphs (b) to (e) of this
subsection; + }
{ - (4) - } { + (g) + } An independent financial audit of
the program;
{ - (5) - } { + (h) + } A description of program
{ - costs - } { + revenues and costs for the prior year that
follows the budget requirements provided in section 4, chapter
777, Oregon Laws 2009, and that further describes:
(A) The total cost of the program during the prior year
calculated as a per capita amount for each resident of this
state;
(B) The cost per gallon of the program during the prior year;
(C) The use by the stewardship organization of any revenues
from the program during the past year that exceeded the total
costs of the program, including a description of the amount held
by the stewardship organization in unallocated reserve funds at
the end of the reporting period; and
(D) If requested by the director, any additional budgetary
information necessary for the director to determine whether the
stewardship organization must amend the plan under section 5
(1)(d) of this 2013 Act;
(i) An updated budget for the next calendar year that follows
the budget requirements provided in section 4, chapter 777,
Oregon Laws 2009; + }
{ - (6) - } { + (j) + } An evaluation of the operation of
the program's funding mechanism;
{ - (7) - } { + (k) + } Samples of educational { + and
outreach + } materials provided to consumers of architectural
paint, an evaluation of the methods used to disseminate those
materials and an assessment of the effectiveness of the education
and outreach, including levels of waste prevention and reuse;
{ - and - }
{ - (8) An analysis of the environmental costs and benefits
of collecting and recycling latex paint. - }
{ + (L) Documentation of compliance with the requirements of
section 4 (2)(b), chapter 777, Oregon Laws 2009, and section 4 of
this 2013 Act;
(m) A description of the activities undertaken to achieve, and
the progress made toward achieving, the program goals as provided
for in the program plan; and
(n) Notification to the director of any additional proposed
changes to the operation of the program for the following
calendar year, or a statement that the stewardship organization
intends to continue to implement the program in the manner
approved by the director under section 6 of this 2013 Act.
(2) No later than June 15 of each year, the director shall meet
with interested stakeholders to review the annual reports
submitted to the director under this section. The director shall
post to the website maintained by the Department of Environmental
Quality a copy of the minutes of the meeting within 30 days of
the date of the meeting. + }
SECTION 9. { + Notwithstanding section 6 (1), chapter 777,
Oregon Laws 2009, a stewardship organization that submitted a
plan for a statewide architectural paint stewardship pilot
program to the Director of the Department of Environmental
Quality before the effective date of this 2013 Act shall submit
to the director not later than April 1, 2014, a report for the
period beginning July 1, 2013, and ending December 31, 2013, that
fulfills all the requirements of section 6, chapter 777, Oregon
Laws 2009. + }
Enrolled House Bill 2048 (HB 2048-B) Page 9
SECTION 10. Section 9, chapter 777, Oregon Laws 2009, is
amended to read:
{ + Sec. 9. + } (1) The Department of Environmental Quality
shall charge the following fees to be paid by a stewardship
organization for administering sections 1 to 10 { - of this
2009 Act - } { + , chapter 777, Oregon Laws 2009 + }:
(a) $10,000 when the plan { + or updated plan + } specified in
section 4 { - of this 2009 Act - } { + , chapter 777, Oregon
Laws 2009, + } is submitted to the { - department - } { +
Director of the Department of Environmental Quality + }; and
(b) { - $10,000 - } { + $40,000 + }each year
{ - thereafter - } { + that an approved architectural paint
stewardship program is implemented + } for administrative costs
related to the { - architectural paint stewardship pilot - }
program.
{ - (2) The department may establish a schedule of fees in
lieu of the fees specified in subsection (1) of this section that
is based on an average of the results of the financial audits
described in section 6 of this 2009 Act and that do not exceed
0.05 percent of the average architectural paint stewardship pilot
program costs reported in the financial audits. - }
{ - (3) - } { + (2) + } Fees collected by the department
under this section shall be deposited in the Product Stewardship
Fund established under section 10 { - of this 2009 Act - }
{ + , chapter 777, Oregon Laws 2009 + }.
SECTION 11. Section 7, chapter 777, Oregon Laws 2009, as
amended by section 1, chapter 146, Oregon Laws 2011, is amended
to read:
{ + Sec. 7. + } (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 { - pilot - } program pursuant to section 4,
chapter 777, Oregon Laws 2009, or as part of an annual report
submitted pursuant to section 6, chapter 777, Oregon Laws 2009.
(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 section 4, chapter 777, Oregon Laws 2009, 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 { - pilot - }
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 { - pilot - } program pursuant
to section 4, chapter 777, Oregon Laws 2009. The department may
Enrolled House Bill 2048 (HB 2048-B) Page 10
disclose separate lists indicating participating producers and
participating brands of the statewide architectural paint
stewardship { - pilot - } program.
(3) Nothing in this section shall impose additional reporting
obligations on a stewardship organization beyond those specified
in sections 1 to 10, chapter 777, Oregon Laws 2009.
SECTION 12. { + 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. + }
{ +
PENALTIES + }
SECTION 13. ORS 459.995 is amended to read:
459.995. (1) Except as provided in subsection (2) of this
section, in addition to any other penalty provided by law:
(a) Any person who violates ORS 459.205, 459.270, 459.272,
459.386 to 459.405, 459.705 to 459.790, 459A.005 to 459A.620,
459A.310 to 459A.335, 459A.675 to 459A.685 or 646A.080, or any
rule or order of the Environmental Quality Commission pertaining
to the disposal, collection, storage or reuse or recycling of
solid wastes, as defined by ORS 459.005, or any rule or order
pertaining to the disposal, storage or transportation of waste
tires, as defined by ORS 459.705, or any rule or order pertaining
to the sale of novelty items that contain encapsulated liquid
mercury, { - shall incur - } { + incurs + } a civil penalty
not to exceed $25,000 { - a - } { + per + } day for each day
of the violation.
(b) Any person who violates the provisions of ORS 459.420 to
459.426 { - shall incur - } { + incurs + } a civil penalty
not to exceed $500 for each violation. Each battery that is
disposed of improperly
{ - shall be - } { + is + } a separate violation. Each day an
establishment fails to post the notice required under ORS 459.426
{ - shall be - } { + is + } a separate violation.
(c) For each day a city, county or metropolitan service
district fails to provide the opportunity to recycle as required
under ORS 459A.005, the city, county or metropolitan service
district { - shall incur - } { + incurs + } a civil penalty
not to exceed $500 for each violation.
(d) Any person who violates the provisions of ORS 459.247
(1)(f) { - shall incur - } { + incurs + } a civil penalty not
to exceed $500 for each violation. Each covered electronic device
that is disposed of improperly { - shall be - } { + is + } a
separate violation.
Enrolled House Bill 2048 (HB 2048-B) Page 11
{ + (e) Any retailer that violates the provisions of section
3 (1) or (2)(b), chapter 777, Oregon Laws 2009, incurs a civil
penalty not to exceed $100 per day for each day of the violation.
(f) Any producer that violates the provisions of section 3 (1),
chapter 777, Oregon Laws 2009, incurs a civil penalty not to
exceed $1,000 per day for each day of the violation.
(g) Any stewardship organization that violates the provisions
of section 3 (2)(a), 4 or 6, chapter 777, Oregon Laws 2009,
sections 4 to 7 of this 2013 Act, or section 9 of this 2013 Act,
incurs a civil penalty not to exceed $1,000 per day for each day
of the violation. + }
(2) Any product manufacturer or package manufacturer who
violates ORS 459A.650 to 459A.665 or any rule adopted under ORS
459A.650 to 459A.665 { - shall incur - } { + incurs + } a
civil penalty not to exceed $1,000 per day for each day of the
violation. A violation of ORS 459A.650 to 459A.665 { - shall
not be - } { + is not + } subject to additional penalties under
subsection (1) of this section.
(3) Any civil penalty authorized by subsection (1) or (2) of
this section shall be imposed in the manner provided by ORS
468.135.
SECTION 14. ORS 459.995, as amended by section 13 of this 2013
Act, is amended to read:
459.995. (1) Except as provided in subsection (2) of this
section, in addition to any other penalty provided by law:
(a) Any person who violates ORS 459.205, 459.270, 459.272,
459.386 to 459.405, 459.705 to 459.790, 459A.005 to 459A.620,
459A.310 to 459A.335, 459A.675 to 459A.685 or 646A.080, or any
rule or order of the Environmental Quality Commission pertaining
to the disposal, collection, storage or reuse or recycling of
solid wastes, as defined by ORS 459.005, or any rule or order
pertaining to the disposal, storage or transportation of waste
tires, as defined by ORS 459.705, or any rule or order pertaining
to the sale of novelty items that contain encapsulated liquid
mercury, incurs a civil penalty not to exceed $25,000 per day for
each day of the violation.
(b) Any person who violates the provisions of ORS 459.420 to
459.426 incurs a civil penalty not to exceed $500 for each
violation. Each battery that is disposed of improperly is a
separate violation. Each day an establishment fails to post the
notice required under ORS 459.426 is a separate violation.
(c) For each day a city, county or metropolitan service
district fails to provide the opportunity to recycle as required
under ORS 459A.005, the city, county or metropolitan service
district incurs a civil penalty not to exceed $500 for each
violation.
(d) Any person who violates the provisions of ORS 459.247
(1)(f) incurs a civil penalty not to exceed $500 for each
violation. Each covered electronic device that is disposed of
improperly is a separate violation.
(e) Any retailer that violates the provisions of section 3 (1)
or (2)(b), chapter 777, Oregon Laws 2009, incurs a civil penalty
not to exceed $100 per day for each day of the violation.
(f) Any producer that violates the provisions of section 3 (1),
chapter 777, Oregon Laws 2009, incurs a civil penalty not to
exceed $1,000 per day for each day of the violation.
(g) Any stewardship organization that violates the provisions
of section 3 (2)(a), 4 or 6, chapter 777, Oregon Laws 2009,
{ + or + } sections 4 to 7 of this 2013 Act, { - or section 9
Enrolled House Bill 2048 (HB 2048-B) Page 12
of this 2013 Act, - } incurs a civil penalty not to exceed $1,000
per day for each day of the violation.
(2) Any product manufacturer or package manufacturer who
violates ORS 459A.650 to 459A.665 or any rule adopted under ORS
459A.650 to 459A.665 incurs a civil penalty not to exceed $1,000
per day for each day of the violation. A violation of ORS
459A.650 to 459A.665 is not subject to additional penalties under
subsection (1) of this section.
(3) Any civil penalty authorized by subsection (1) or (2) of
this section shall be imposed in the manner provided by ORS
468.135.
SECTION 15. { + The amendments to ORS 459.995 by section 14 of
this 2013 Act become operative on July 1, 2014. + }
{ +
SUNSET PROVISIONS + }
SECTION 16. { + Sections 13 and 14, chapter 777, Oregon Laws
2009, are repealed. + }
SECTION 17. { + Section 9 of this 2013 Act is repealed on June
30, 2014. + }
{ +
REPORT + }
SECTION 18. { + No later than November 1, 2018, the Director
of the Department of Environmental Quality shall submit to the
Legislative Assembly a report describing the results of any
existing architectural paint stewardship programs and, if
necessary, recommending any modifications to sections 1 to 10,
chapter 777, Oregon Laws 2009, that would serve to improve the
functioning and efficiency of the programs. The report must
include an accounting of the administrative fees paid by
stewardship organizations to the Department of Environmental
Quality under section 9, chapter 777, Oregon Laws 2009. + }
{ +
MISCELLANEOUS + }
SECTION 19. { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
SECTION 20. { + (1) Initial plans for statewide architectural
paint stewardship programs under section 4, chapter 777, Oregon
Laws 2009, as amended by section 3 of this 2013 Act, must be
submitted to the Director of the Department of Environmental
Quality not later than January 1, 2014.
(2) A stewardship organization that submitted a plan for a
statewide architectural paint stewardship pilot program to the
director before the effective date of this 2013 Act, or that had
a plan approved by the director before the effective date of this
2013 Act, must submit an updated plan under section 4, chapter
777, Oregon Laws 2009, as amended by section 3 of this 2013 Act,
to the director not later than January 1, 2014.
(3) If requested by the director in writing, a stewardship
organization that submitted an initial plan or an updated plan
under subsection (1) or (2) of this section must submit a
subsequent updated plan under section 4, chapter 777, Oregon Laws
2009, as amended by section 3 of this 2013 Act, to the director
Enrolled House Bill 2048 (HB 2048-B) Page 13
not later than January 1, 2018, and up to once every four years
thereafter. + }
SECTION 21. { + (1)(a) The amendments to sections 2, 3, 4, 6
and 7, chapter 777, Oregon Laws 2009, by sections 1 to 3, 8 and
11 of this 2013 Act apply to the plans and updated plans that
must be submitted to the Director of the Department of
Environmental Quality on and after the effective date of this
2013 Act.
(b) A stewardship organization may continue to operate and
report under a plan approved by the director before the effective
date of this 2013 Act until the updated plan required to be
submitted to the director pursuant to section 20 (2) of this 2013
Act is approved.
(2) The amendments to section 9, chapter 777, Oregon Laws 2009,
by section 10 of this 2013 Act apply to:
(a) Plans specified in section 4, chapter 777, Oregon Laws
2009, as amended by section 3 of this 2013 Act, submitted to the
director on and after the effective date of this 2013 Act.
(b) Administrative costs related to architectural paint
stewardship programs for calendar years beginning on or after
January 1, 2013.
(3) The amendments to section 4, chapter 777, Oregon Laws 2009,
by section 3 of this 2013 Act related to architectural paint
stewardship assessments apply to payments of assessments remitted
to stewardship organizations on or after the effective date of
this 2013 Act.
(4)(a) The amendments to ORS 459.995 by section 13 of this 2013
Act apply to violations of sections 3, 4 and 6, chapter 777,
Oregon Laws 2009, as amended by sections 2, 3 and 8 of this 2013
Act, and sections 4 to 7 and 9 of this 2013 Act, that occur on or
after the effective date of this 2013 Act.
(b) The amendments to ORS 459.995 by section 14 of this 2013
Act apply to violations of sections 3, 4 and 6, chapter 777,
Oregon Laws 2009, as amended by sections 2, 3 and 8 of this 2013
Act, and sections 4 to 7 of this 2013 Act, that occur on or after
July 1, 2014. + }
SECTION 22. { + Sections 4 to 7, 9 and 12 of this 2013 Act are
added to and made a part of sections 1 to 10, chapter 777, Oregon
Laws 2009. + }
{ +
EMERGENCY CLAUSE + }
SECTION 23. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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Enrolled House Bill 2048 (HB 2048-B) Page 14
Passed by House June 27, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate July 1, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2048 (HB 2048-B) Page 15
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2048 (HB 2048-B) Page 16
