Bill Text: OR HB4080 | 2012 | Regular Session | Introduced

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Bill Title: Relating to collectors of covered electronic devices; appropriating money; declaring an emergency.

Sponsorship: Unknown

Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4080 Detail]

Download: Oregon-2012-HB4080-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 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 150

                         House Bill 4080

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of House Interim Committee on Energy,
  Environment and Water)

                             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 as
introduced.

  Requires collectors that do not currently hold solid waste
permit with Department of Environmental Quality to register with
department.
  Becomes operative January 1, 2013. Continuously appropriates
moneys from registration fees to department for purposes of Act.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to collectors of covered electronic devices;
  appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2012 Act is added to and made
a part of ORS 459A.305 to 459A.355. + }
  SECTION 2.  { + (1) A collector that does not have a permit
issued by the Department of Environmental Quality under ORS
459.205 must register with the department.
  (2) To register with the department under this section, a
collector must:
  (a) Pay a registration fee adopted by the department by rule.
  (b) Give written permission to the department, under which an
authorized representative of the department may access the
collection site during normal business hours and inspect the
premises of the site and any operations or records related to
storing, transferring or otherwise processing covered electronic
devices.
  (c) Submit an explanation of how the collector's operations
comport with federal and state requirements that restrict the
disposal of covered electronic devices for purposes of protecting
the environment and ensuring public health and safety. An
explanation submitted under this paragraph must contain, at a
minimum:
  (A) The collector's normal hours of operation;
  (B) A description of the collector's employee training
processes;
  (C) A description of the methods the collector uses to store
and transfer covered electronic devices;
  (D) A description of the measures the collector uses to
mitigate any health hazards or nuisances caused by the
collector's operations;
  (E) A plan for closing the collection site at the time that
operations cease, including all measures that will be taken to
mitigate any health hazards or nuisances that will be caused by
the closure; and
  (F) A description of the collector's record keeping processes.
  (d) Provide, by February 1 of each year, proof of sufficient
finances to fund the closure of the site and to ensure against
the abandonment of any covered electronic devices, components of
covered electronic devices or materials used to store, transfer
or otherwise process covered electronic devices. Such proof may
be in the form of a bond, a letter of credit issued by an insured
institution, as defined in ORS 706.008, a copy of a balance sheet
for a trust fund established for the purpose of the closure or
any other similar instrument or proof.
  (3) The registration fee adopted under subsection (2) of this
section must be an amount that is as close as reasonably possible
to fund the registration of collectors and the investigation of
collection sites without exceeding that amount.
  (4) All moneys collected under this section shall be deposited
in the General Fund and credited to an account of the department.
Such moneys are continuously appropriated to the department to
carry out the purposes set forth in this section. + }
  SECTION 3.  { + (1) Sections 1 and 2 of this 2012 Act become
operative on January 1, 2013.
  (2) Notwithstanding the operative date specified in subsection
(1) of this section, the Department of Environmental Quality may
take any action before the operative date that is necessary to
enable the department to exercise, on and after the operative
date specified in subsection (1) of this section, all the duties,
functions and powers conferred on the department by sections 1
and 2 of this 2012 Act. + }
  SECTION 4. This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage.
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