Bill Text: OR SB117 | 2013 | Regular Session | Enrolled
Bill Title: Relating to beverage containers; and declaring an emergency.
Spectrum: Committee Bill
Status: (Passed) 2013-05-15 - Effective date, May 13, 2013. [SB117 Detail]
Download: Oregon-2013-SB117-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 117
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Environment and Natural Resources)
CHAPTER ................
AN ACT
Relating to beverage containers; creating new provisions;
amending ORS 459A.735 and 459A.737; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The beverage container redemption center
approved by the Oregon Liquor Control Commission as a pilot
project pursuant to ORS 459A.737 before the effective date of
this 2013 Act is deemed approved by the commission for the
purposes of ORS 459A.737, as amended by section 2 of this 2013
Act. + }
SECTION 2. ORS 459A.737 is amended to read:
459A.737. (1)(a) Pursuant to the provisions of ORS 459A.735,
the Oregon Liquor Control Commission { + :
(A) + } Shall approve one beverage container redemption center
{ - pilot project - } in a city having a population of less
than 300,000, operated by a distributor cooperative serving a
majority of the dealers in this state { - . - } { + ; and
(B) May approve one or more additional beverage container
redemption centers. + }
(b) Notwithstanding any other provision of ORS 459A.700 to
459A.740, { - the - } { + a + } beverage container redemption
center { - operated under the pilot project - } { + :
(A) + } May not refuse to accept and to pay the refund value of
up to { - 300 - } { + 350 + } individual empty beverage
containers, as established by ORS 459A.705, returned by any one
person during one day { - . - } { + ;
(B) Must provide hand counting of up to 50 individual empty
beverage containers returned by any one person during one day for
the refund value established by ORS 459A.705;
(C) May provide drop off service for at least 125 individual
empty beverage containers returned by any one person during one
day for the refund value established by ORS 459A.705, and may
provide an accounting mechanism by which the person may redeem
the refund value of the beverage containers at a later date; and
(D) May provide other services as determined necessary by the
person responsible for the operation of the beverage container
redemption center. + }
(2)(a) { + For each beverage container redemption center, + }
the commission shall specify { + up to + } two convenience zones
Enrolled Senate Bill 117 (SB 117-A) Page 1
{ - for the pilot project - } . The first convenience zone shall
be the sector within { - the one and one-half mile radius - }
{ + a radius of not more than two miles + } around the beverage
container redemption center
{ - pilot project, and - } { + . + } The second convenience
zone shall be the sector { - within the three mile radius - }
{ + beginning at the border of the first convenience zone and
continuing to a radius of not more than three and one-half
miles + } around the beverage container redemption center
{ - pilot project - } . { + The convenience zones shall be
based to the greatest extent practicable upon the proposals
submitted as part of the application for approval of the
redemption center under ORS 459A.735. + }
(b) All dealers doing business within the first convenience
zone that occupy a space of 5,000 or more square feet in a single
area may participate in, { - and - } be served by { - , - }
{ + and be charged the cost of participation in + } the
{ - pilot project - } { + beverage container redemption center
+ }and, if such a dealer participates in, { - and - } is
served by { - , - } { + and pays the cost of participation in
+ }the { - pilot project - } { + redemption center + }, the
dealer may, notwithstanding any other provision of ORS 459A.700
to 459A.740, refuse to accept and to pay the refund value of
empty beverage containers.
(c) All dealers doing business within the second convenience
zone that occupy a space of 5,000 or more square feet in a single
area may participate in, { - and - } be served by { - , - }
{ + and be charged the cost of participation in + } the
{ - pilot project - } { + beverage container redemption
center + } and, if such a dealer participates in, { - and - }
is served by { - , - } { + and pays the cost of participation
in + } the { - pilot project - } { + redemption center + },
the dealer may, notwithstanding any other provision of ORS
459A.700 to 459A.740, refuse to accept and to pay the refund
value of more than 24 individual empty beverage containers
returned by any one person during one day.
(d) All dealers doing business within either convenience zone
that occupy a space of less than 5,000 square feet in a single
area may, notwithstanding any other provision of ORS 459A.700 to
459A.740, refuse to accept and to pay the refund value of more
than 24 individual empty beverage containers returned by any one
person during one day.
(e) { + (A) + } Any dealer doing business in either convenience
zone that occupies a space of 5,000 or more square feet in a
single area that does not participate in, and is not served by,
the
{ - pilot project - } { + beverage container redemption
center + } may not refuse to accept and to pay the refund value
of up to { - 300 - } { + 350 + } individual empty beverage
containers, as established by ORS 459A.705, returned by any one
person during one day and must provide services { - similar - }
{ + equivalent + } to those provided by the { + redemption
center under subsection (1)(b) of this section + } { - pilot
project - } , including hand counting { - of individual empty
beverage containers that are returned for the refund value
established by ORS 459A.705 - } { + and drop off service + }.
{ + (B) In addition to complying with the requirements
specified in subparagraph (A) of this paragraph, a dealer
described in subparagraph (A) of this paragraph must:
Enrolled Senate Bill 117 (SB 117-A) Page 2
(i) Post in each area where beverage containers are received a
clearly visible and legible sign that contains the list of
services that must be provided by the dealer; and
(ii) Provide two automated reverse vending machines capable of
processing metal, plastic and glass beverage containers, or one
automated reverse vending machine capable of processing metal,
plastic and glass beverage containers for each 500,000 beverage
containers sold by the dealer in the previous calendar year,
whichever is greater.
(C) The provisions of subparagraphs (A) and (B) of this
paragraph do not apply to a dealer described in subparagraph (A)
of this paragraph if the dealer sold fewer than 100,000 beverage
containers in the previous calendar year.
(3) The provisions of subsection (2) of this section do not
apply to any dealer for which the driving distance from the place
of business of the dealer to the beverage container redemption
center, calculated using the shortest route, is more than two
times the radius specified for the second convenience zone or, if
only one convenience zone is specified by the commission, two
times the radius specified for that convenience zone. + }
{ - (3) - } { + (4) + } The commission may adopt all rules
necessary to implement and administer the provisions of this
section.
SECTION 3. ORS 459A.735 is amended to read:
459A.735. (1) To facilitate the return of empty beverage
containers and to serve dealers of beverages, any person may
establish a redemption center, subject to the approval of the
Oregon Liquor Control Commission, at which any person may return
empty beverage containers and receive payment of the refund value
of such beverage containers.
(2) Application for approval of a redemption center shall be
filed with the commission. The application shall state the name
and address of the person responsible for the establishment and
operation of the redemption center, the kind of beverage
containers that will be accepted at the redemption
center { + , + } { - and - } the names and addresses of the
dealers to be served by the redemption center { + and proposals
for up to two convenience zones described in ORS 459A.737 + }.
The application shall include such additional information as the
commission may require.
(3) The commission shall approve a redemption center if it
finds the redemption center will provide a convenient service to
persons for the return of empty beverage containers. The order of
the commission approving a redemption center shall state the
dealers to be served by the redemption center and the kind of
empty beverage containers that the redemption center must accept.
The order may contain such other provisions to ensure the
redemption center will provide a convenient service to the public
as the commission may determine.
(4) The commission may review at any time approval of a
redemption center. After written notice to the person responsible
for the establishment and operation of the redemption center, and
to the dealers served by the redemption center, the commission
may, after hearing, withdraw approval of a redemption center if
the commission finds there has not been compliance with its order
approving the redemption center, or if the redemption center no
longer provides a convenient service to the public.
SECTION 4. { + No later than March 1 of each odd-numbered
year, the Oregon Liquor Control Commission shall submit a report
to the Legislative Assembly regarding beverage container
Enrolled Senate Bill 117 (SB 117-A) Page 3
redemption centers approved pursuant to the provisions of ORS
459A.737. The report must include, for the two previous calendar
years:
(1) The number of beverage containers that are returned for
refund value as a percentage of the total number of beverage
containers sold in this state.
(2) The number of beverage container redemption centers
operating in this state and the number of redemption centers for
which applications are pending with the commission.
(3) The number of beverage containers that are returned for
refund value in areas designated by the commission and the number
of beverage containers returned for refund value in each area in
the year before the beverage container redemption center began
operation.
(4) The number of beverage containers that are returned for
refund value to beverage container redemption centers in this
state and the number of beverage containers that are returned for
refund value to dealers in this state. + }
SECTION 5. { + Section 4 of this 2013 Act is repealed on
January 2, 2022. + }
SECTION 6. { + (1) The additional requirements for beverage
container redemption centers imposed by the amendments to ORS
459A.737 by section 2 of this 2013 Act apply to all beverage
container redemption centers, whether approved before, on or
after the effective date of this 2013 Act.
(2) The amendments to ORS 459A.735 by section 3 of this 2013
Act apply to applications for approval filed with the Oregon
Liquor Control Commission on or after the effective date of this
2013 Act. + }
SECTION 7. { + 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. + }
----------
Passed by Senate April 16, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 8, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 117 (SB 117-A) Page 4
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 Senate Bill 117 (SB 117-A) Page 5
