Bill Text: OR HB2191 | 2011 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to paint stewardship; and declaring an emergency.

Sponsorship: Unknown

Status: (Passed) 2011-05-27 - Chapter 146, (2011 Laws): Effective date May 27, 2011. [HB2191 Detail]

Download: Oregon-2011-HB2191-Engrossed.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 272

                           A-Engrossed

                         House Bill 2191
                  Ordered by the House April 4
            Including House Amendments dated April 4

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of House Interim Committee on
  Sustainability and Economic Development)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

  Provides that Department of Environmental Quality may not
disclose certain financial,  { + cost, + } production or sales
data obtained by department as part of approval of plan for
statewide architectural paint stewardship pilot program or as
part of annual reports. Allows department to disclose, in
aggregate form,  { + certain + } information obtained by
department.
   { +  Provides that department may not disclose names of brands
of specific producers obtained by department as part of approval
of plan for statewide architectural paint stewardship pilot
program.  Allows department to disclose separate lists indicating
participating producers and participating brands. + }
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to paint stewardship; creating new provisions; amending
  section 7, chapter 777, Oregon Laws 2009; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. Section 7, chapter 777, Oregon Laws 2009, is amended
to read:
   { +  Sec. 7. + }   { - The Department of Environmental Quality
may not disclose data reported by a stewardship organization
under section 6 of this 2009 Act. The department may disclose
information contained in the records obtained by the department
under section 6 of this 2009 Act in aggregate form. - }
   { +  (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 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 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 2. { +  (1) The amendments to section 7, chapter 777,
Oregon Laws 2009, by section 1 of this 2011 Act apply to all
financial, cost, production or sales data and records obtained by
the Department of Environmental Quality 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,
before, on or after the effective date of this 2011 Act.
  (2) The amendments to section 7, chapter 777, Oregon Laws 2009,
by section 1 of this 2011 Act apply to all financial, cost,
production or sales data and records obtained by the Department
of Environmental Quality as part of an annual report submitted
pursuant to section 6, chapter 777, Oregon Laws 2009, before, on
or after the effective date of this 2011 Act.
  (3) The amendments to section 7, chapter 777, Oregon Laws 2009,
by section 1 of this 2011 Act apply to the names of brands by
specific producers obtained by the Department of Environmental
Quality 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, before, on or after the
effective date of this 2011 Act. + }
  SECTION 3.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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