Bill Text: OR HB3606 | 2010 | 1st Special Session | Engrossed

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

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Bill Title: Relating to recycling of electronic devices; and declaring an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-03-10 - Chapter 38, (2010 Laws): Effective date March 10, 2010. [HB3606 Detail]

Download: Oregon-2010-HB3606-Engrossed.html

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     75th OREGON LEGISLATIVE ASSEMBLY--2010 Special 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 174

                           A-Engrossed

                         House Bill 3606
                Ordered by the House February 12
          Including House Amendments dated February 12

Sponsored by Representative SCHAUFLER (Presession filed.)

                             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.

  Modifies provisions related to determination of return share
and return share by weight of certain covered electronic devices.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to recycling of electronic devices; creating new
  provisions; amending ORS 459A.340; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 459A.340 is amended to read:
  459A.340. The Department of Environmental Quality shall:
  (1) Maintain and make available on its website the following
lists, which must be updated by the first day of each month:
  (a) A list of registered manufacturers and their brands;
  (b) A list of brands for which no manufacturer has registered;
and
  (c) A list that identifies which manufacturers are in
compliance with ORS 459A.305 to 459A.355.
  (2) Review and approve manufacturer plans that comply with ORS
459A.320 and are submitted annually by manufacturers choosing to
implement a manufacturer program for recycling covered electronic
devices.
  (3)(a) Determine the return share and return share by weight
for each calendar year for each manufacturer. The return share
shall be determined by dividing the total weight of covered
electronic devices of that manufacturer's brands by the total
weight of covered electronic devices for all manufacturers'
brands. The return share by weight shall be determined by
multiplying the return share for each such manufacturer by the
total weight in pounds of covered electronic devices, including
orphan devices, collected from covered entities the previous
calendar year.
  (b)   { - For 2008 and 2009, - }  { +  For each manufacturer
except those specified in paragraph (c) of this subsection, + }
determine the return share and return share by weight for
 { - each manufacturer - }  { + calendar years through 2011 + }
based on the best available public return share data and public
weight data from within the United States for covered electronic
devices from covered entities. For subsequent years, the return
share of covered electronic devices for each manufacturer shall
be based on the most recent annual sampling or count of covered
electronic devices. For subsequent years, the total weight in
pounds of covered electronic devices shall be based on the total
weight of covered electronic devices, including orphan devices,
determined by the department.
   { +  (c) For each manufacturer whose manufacture of covered
electronic devices as defined in ORS 459A.305 (3)(a)(C) exceeds
its manufacture of covered electronic devices as defined in ORS
459A.305 (3)(a)(A) and (B), determine the return share and return
share by weight based on the total return share and return share
by weight determined under paragraph (a) of this subsection for
all manufacturers described in this paragraph, allocated
according to each manufacturer's percentage of the total number
of covered electronic devices described in ORS 459A.305 (3)(a)(C)
sold in this state the previous calendar year. The department:
  (A) May use national market data, retail and manufacturer data,
consumer research and other data to determine the percentages
described in this paragraph. The department may also require that
manufacturers submit sales or other data regarding the number of
the manufacturer's covered electronic devices sold in Oregon.
Manufacturers must submit any data required by the department in
the format requested by the department.
  (B) May assess a surcharge to the annual registration fee for
manufacturers described in this paragraph if the department
determines that the surcharge is necessary to cover any
additional costs to the department in making the determinations
described in this paragraph. The department must allocate any
assessed surcharge to the manufacturer as a percentage of the
manufacturer's return share determined pursuant to this
paragraph. + }
    { - (c) - }   { + (d) + } By May 1 of each year, provide to
each manufacturer that had a return share determined under this
section its return share and its return share by weight for the
following year.
  (4) Establish a state contractor program for the collection,
transportation and recycling of covered electronic devices from
covered entities in this state. The state contractor program
shall:
  (a) To the extent practicable, use existing local collection,
transportation and recycling infrastructure;
  (b) Utilize environmentally sound management practices to
collect, transport and recycle covered electronic devices;
  (c) Provide for covered entities, free of charge, convenient
and available collection services and sites for covered
electronic devices in both rural and urban areas;
  (d) Advertise and promote collection opportunities statewide
and on a regular basis; and
  (e) Conduct a statistically significant sampling or actual
count of the covered electronic devices collected and recycled by
the state contractor program during each calendar year using a
methodology approved by the department and prepare a report no
later than March 1 of the following calendar year that includes:
  (A) A list of all brands identified during the sampling or
count;
  (B) The weight of covered electronic devices identified for
each brand during the sampling or count; and
  (C) The total weight of covered electronic devices, including
orphan devices, collected from covered entities in the state by
the state contractor program during the previous calendar year.
  (5) Determine a manufacturer's annual registration fee for
purposes of ORS 459A.315 (2) using national market data prorated
for Oregon based on statewide population.
  (6) Determine the recycling fee to be paid under ORS 459A.325
by each manufacturer that participates in the state contractor
program established pursuant to subsection (4) of this section.
The department shall determine the recycling fees   { - as
follows: - }
    { - (a) For each manufacturer except those described in
paragraph (b) of this subsection, the department shall determine
the recycling fee - }  based on the manufacturer's annual return
share and return share by weight as determined under subsection
(3) of this section.
    { - (b) For each manufacturer whose manufacture of covered
electronic devices as defined in ORS 459A.305 (3)(a)(C) exceeds
its manufacture of covered electronic devices as defined in ORS
459A.305 (3)(a)(A) and (B), the department shall determine the
recycling fee based on the total return share and return share by
weight determined under subsection (3) of this section of all
manufacturers described in this paragraph, allocated according to
each manufacturer's percentage of the total number of covered
electronic devices described in ORS 459A.305 (3)(a)(C) sold in
this state the previous calendar year. The department may use
national sales data to determine the percentages. The department
may assess a surcharge on the annual registration fee for
manufacturers described in this paragraph to pay any added costs
to the department in making the determinations. - }
  (7) Maintain on its website information on collection
opportunities for covered electronic devices, including
collection site locations and hours. The information must be made
available in a printable format for retailers.
  (8) Report biennially to the Legislative Assembly on the
operation of the statewide system for collection, transportation
and recycling of covered electronic devices.
  SECTION 2.  { + The amendments to ORS 459A.340 by section 1 of
this 2010 Act apply to determinations of return share and return
share by weight, and determinations of recycling fees, made by
the Department of Environmental Quality for calendar years
beginning after 2010. + }
  SECTION 3.  { + This 2010 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2010 Act takes effect on its
passage. + }
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