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 23

                        Senate Bill 1009

Sponsored by Senator HASS; Senator ATKINSON (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 as
introduced.

  Prohibits use of plastic bags as checkout bags. Allows
Department of Environmental Quality to impose civil penalty.
Repeals statute requiring retail establishments that offer
plastic bags to customers to also offer paper bags.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to plastic bags; creating new provisions; amending ORS
  459.235 and 459A.115; repealing ORS 459A.695; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. { +  (1) As used in this section:
  (a) 'Checkout bag' means a bag that is provided by a retail
establishment to a customer at the cash register.
  (b) 'Retail establishment' means any store in Oregon that sells
or offers for sale goods at retail.
  (c) 'Reusable bag' means a bag with handles that is
specifically designed and manufactured for multiple reuse and is
made of:
  (A) Cloth or other machine washable fabric; or
  (B) Durable plastic that is at least 2.25 mils thick.
  (2)(a) The use of plastic bags as checkout bags in Oregon is
prohibited.
  (b) Paragraph (a) of this subsection does not preclude a retail
establishment from:
  (A) Making reusable bags available for sale to customers.
  (B) Offering paper bags, or any other bag as specified by rule
by the Environmental Quality Commission, as checkout bags to
customers for purchases made at the retail establishment.
  (3) The Environmental Quality Commission may adopt rules
necessary to implement this section. + }
  SECTION 2.  { + (1) The Department of Environmental Quality may
impose a civil penalty on a person for a violation of section 1
of this 2010 Act.
  (2) A civil penalty imposed under this section may not exceed
$___.
  (3) Civil penalties described in this section shall be imposed
in the manner provided in ORS 183.745. + }
  SECTION 3.  { + ORS 459A.695 is repealed. + }
  SECTION 4. ORS 459.235 is amended to read:

  459.235. (1) Applications for permits shall be on forms
prescribed by the Department of Environmental Quality. An
application shall contain a description of the existing and
proposed operation and the existing and proposed facilities at
the site, with detailed plans and specifications for any
facilities to be constructed. The application shall include a
recommendation by each local government unit having jurisdiction
and such other information the department deems necessary in
order to determine whether the site and solid waste disposal
facilities located thereon and the operation will comply with
applicable requirements.
  (2) The Environmental Quality Commission shall establish a
schedule of fees for disposal site permits. The permit fees
contained in the schedule shall be based on the anticipated cost
of filing and investigating the application, of issuing or
denying the requested permit and of an inspection program to
determine compliance or noncompliance with the permit.
  (3) In addition to the fees imposed under subsection (2) of
this section, the commission shall establish a schedule of permit
fees for the purpose of implementing this section and ORS 90.318,
182.375, 279A.125, 279A.155, 279B.025, 279B.240, 279B.270,
279B.280, 459.005, 459.015, 459.247, 459.418, 459.995, 459A.005,
459A.010, 459A.020, 459A.030 to 459A.055, 459A.070, 459A.110,
459A.115, 459A.475, 459A.480, 459A.500 to 459A.685  { - ,
459A.695 - }  and 459A.750. The fees shall be based on the amount
of solid waste received at the disposal site.
  (4) Notwithstanding any other fee or surcharge imposed under
ORS 459.005 to 459.437 or 459A.005 to 459A.120, for the disposal
of solid waste, in order to encourage the use of suitable
material other than virgin material for daily cover at a disposal
site, the only fee that may be charged for the disposal of
substitute material that is also used for daily cover is the
permit fee established under this section.
  SECTION 5. ORS 459A.115 is amended to read:
  459A.115. (1) From January 1, 1992, to December 31, 1993, the
schedule of fees as established by the Environmental Quality
Commission under ORS 459A.110 (1) is increased by 35 cents per
ton. The portion of the fees attributable to the 35 cents per ton
increase shall be deposited into the General Fund and credited to
an account of the Department of Environmental Quality. Such
moneys are continuously appropriated to the department to
implement the provisions of this section and ORS 459.005,
459.015, 459.235, 459.247, 459.418, 459.995, 459A.005, 459A.010,
459A.020, 459A.030 to 459A.055, 459A.070, 459A.110, 459A.500 to
459A.685  { - , 459A.695 - } and 459A.750.
  (2) Beginning January 1, 1994, the schedule of fees as
established by the commission under ORS 459A.110 is increased by
31 cents per ton and shall be deposited into the General Fund and
credited to an account of the department. Such moneys are
continuously appropriated to the department to implement the
provisions described in subsection (1) of this section, excluding
ORS 459.418.
  SECTION 6.  { + (1) Except as provided in subsection (2) of
this section, sections 1 and 2 of this 2010 Act, the repeal of
ORS 459A.695 by section 3 of this 2010 Act and the amendments to
ORS 459.235 and 459A.115 by sections 4 and 5 of this 2010 Act
become operative on January 1, 2012.
  (2) The Environmental Quality Commission may adopt rules before
the operative date specified in subsection (1) of this section,
or take any other action before the operative date specified in
subsection (1) of this section, that is necessary to implement,
on or after the operative date specified in subsection (1) of
this section, sections 1 and 2 of this 2010 Act, the repeal of
ORS 459A.695 by section 3 of this 2010 Act and the amendments to
ORS 459.235 and 459A.115 by sections 4 and 5 of this 2010
Act. + }
  SECTION 7.  { + 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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