Bill Text: OR SB438 | 2013 | Regular Session | Introduced


Bill Title: Relating to hazardous substances; declaring an emergency.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB438 Detail]

Download: Oregon-2013-SB438-Introduced.html


     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 1669

                         Senate Bill 438

Sponsored by Senator STEINER HAYWARD, Representative KENY-GUYER;
  Senator DINGFELDER (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.

  Requires manufacturer of product that is alternative to product
containing hazardous substance banned in this state to submit,
before introducing alternative product into state commerce,
assessment of alternative to hazardous substance to Oregon Health
Authority. Punishes violation of Act by civil penalty of up to
$100,000 for first offense or $200,000 for second or subsequent
offense.
  Increases penalty for failure to remove from commerce hazardous
substance that Director of Oregon Health Authority bans and
requires to be removed from commerce.
  Becomes operative on January 1, 2014.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to hazardous substances; creating new provisions;
  amending ORS 453.990 and 453.995; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of ORS 453.005 to 453.135. + }
  SECTION 2.  { + (1) As used in this section:
  (a) 'Alternative process' means a process that replaces a
process used to manufacture a hazardous substance that the
Director of the Oregon Health Authority has banned and removed
from commerce under ORS 453.055.
  (b) 'Alternative product' means a product that a manufacturer
substitutes for a product containing a hazardous substance that
the director has banned and removed from commerce under ORS
453.055 for the purpose of reintroducing the product into
commerce.
  (c) 'Alternative substance' means a substance in which a
chemical or chemical compound found in a hazardous substance that
the director has banned and removed from commerce under ORS
453.055 has been substituted with another chemical or chemical
compound.
  (2) If the director bans a hazardous substance under ORS
453.055 and requires the removal of the hazardous substance from
commerce, a manufacturer of a product that contains the hazardous
substance may not introduce an alternative product into commerce
without first submitting to the Oregon Health Authority an
assessment of each alternative process used to manufacture the
alternative product, each alternative substance used in the
manufacturing of the alternative product and all other
alternative processes and alternative substances that reasonably
may be used to manufacture the alternative product.
  (3) An assessment submitted under this section must identify
each alternative process and each alternative substance used to
manufacture an alternative product and assess whether those
alternatives mitigate or eliminate the findings of the director
under ORS 453.055. The authority shall adopt by rule the form and
manner of submitting an assessment under this section.
  (4) A manufacturer may include in an assessment submitted under
this section any information that the manufacturer deems relevant
to the assessment, such as the availability of different
alternative processes or alternative substances, the difference
in purchase price created by different alternative processes or
alternative substances, the technical feasibility in
manufacturing an alternative product, the conditions of using an
alternative product or the management of chemicals in an
alternative substance.
  (5) To assist a manufacturer that is submitting an assessment
under this section, the authority shall provide to the
manufacturer, upon request, copies of previously submitted
assessments. + }
  SECTION 3. ORS 453.990 is amended to read:
  453.990. (1)   { - Any - }   { + A + } violation of ORS 453.175
or 453.185 or
  { - any rules - }   { + a rule + } of the State Board of
Pharmacy   { - thereunder - }  { + adopted under ORS 453.175 or
453.185 + } is a Class C misdemeanor.
  (2) { + (a) Except as provided in paragraph (b) of this
subsection,  + }violation of   { - any of the provisions - }
 { + a provision + } of ORS 453.005 to 453.135 is a Class B
misdemeanor. A second and subsequent violation of   { - any of
the provisions - }   { + a provision + } of ORS 453.005 to
453.135 is a Class A misdemeanor.
   { +  (b) Violation of section 2 of this 2013 Act is not a
criminal offense. + }
  (3) Violation of   { - any - }   { + a + } provision of ORS
453.605 to 453.800 is a Class A misdemeanor.
  (4) In addition to the provisions of ORS 453.882 regarding
enjoinder and abatement, a person who knowingly uses property
that has been determined to be not fit for use pursuant to ORS
105.555, 431.175 and 453.855 to 453.912 as if it were fit for use
commits a Class B misdemeanor.
  (5) Violation of ORS 453.885 (2) is a Class B misdemeanor.
  SECTION 4. ORS 453.995 is amended to read:
  453.995. (1) In addition to any other liability or penalty
provided by law, the Oregon Health Authority may impose a civil
penalty on a person for violation of:
  (a) ORS 453.885; or
  (b) ORS 453.005 to 453.135 or rules adopted under ORS 453.005
to 453.135 by the authority.
  (2) { + (a) Except as provided in paragraph (b) of this
subsection, + } a civil penalty imposed under this section may
not exceed $2,000.
   { +  (b) A civil penalty imposed for violation of ORS 453.055
or section 2 of this 2013 Act may not exceed $100,000 for a first
offense or $200,000 for a second or subsequent offense. + }
  (3) ORS 183.745 applies to civil penalties imposed under this
section.
  SECTION 5.  { + (1) Sections 1 and 2 of this 2013 Act and the
amendments to ORS 453.990 and 453.995 by sections 3 and 4 of this
2013 Act become operative on January 1, 2014.
  (2) The Oregon Health Authority may take any action before the
operative date specified in subsection (1) of this section to
enable the authority to exercise, on and after the operative date
specified in subsection (1) of this section, all the duties,
functions and powers conferred on the authority by sections 1 and
2 of this 2013 Act and the amendments to ORS 453.990 and 453.995
by sections 3 and 4 of this 2013 Act. + }
  SECTION 6.  { + 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. + }
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