Bill Text: OR SB82 | 2011 | Regular Session | Enrolled
Bill Title: Relating to recycling of electronic devices; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2011-06-30 - Effective date, June 28, 2011. [SB82 Detail]
Download: Oregon-2011-SB82-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 82
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 Governor John A. Kitzhaber
for Department of Environmental Quality)
CHAPTER ................
AN ACT
Relating to recycling of electronic devices; creating new
provisions; amending ORS 459.247, 459A.305, 459A.310, 459A.320,
459A.335 and 459A.340; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2011 Act is added to and made
a part of ORS 459A.310 to 459A.335. + }
SECTION 2. { + (1) A manufacturer program or a state
contractor program that collects, transports and recycles covered
electronic devices in an amount that exceeds the program's return
share by weight for a calendar year may claim recycling credits
for use in succeeding calendar years as follows:
(a) A program may claim one recycling credit for each pound of
covered electronic devices collected, transported and recycled in
excess of the program's return share by weight for a calendar
year;
(b) A program may retain all or part of its recycling credits
or may sell any portion of its recycling credits to another
program at a price negotiated by the parties;
(c) A manufacturer program may use recycling credits earned or
purchased to meet up to 15 percent of its return share by weight
during any calendar year. One recycling credit may be used to
meet one pound of return share by weight; and
(d) By rule, the Environmental Quality Commission may change
the percentage of the return share by weight specified in
paragraph (c) of this subsection.
(2) A manufacturer program must include the following
information on recycling credits in its annual report to the
Department of Environmental Quality required by ORS 459A.320
(3)(e):
(a) The number of recycling credits the manufacturer program
possessed at the beginning of the previous calendar year.
(b) The total number of recycling credits the manufacturer
program purchased and sold during the previous calendar year, the
names of the programs from which recycling credits were purchased
or to which recycling credits were sold and the number of
recycling credits purchased from or sold to each program.
Enrolled Senate Bill 82 (SB 82-B) Page 1
(c) The number of recycling credits the manufacturer program
used to meet its return share by weight for the previous calendar
year.
(d) The number of recycling credits the manufacturer program is
claiming from the previous calendar year. This number is the
difference between the total weight of covered electronic devices
that the manufacturer program collected, transported and recycled
during the previous calendar year and the program's return share
by weight for the previous calendar year. + }
SECTION 3. ORS 459A.305 is amended to read:
459A.305. As used in ORS 459A.305 to 459A.355:
(1) 'Brand' means a name, symbols, words or marks that identify
a covered electronic device, rather than any of its components,
and attribute the device to the owner of the brand as the
manufacturer.
(2) 'Collector' means an entity that collects covered
electronic devices as part of a manufacturer program or the state
contractor program.
(3)(a) 'Covered electronic device' means:
(A) A computer monitor of any type having a viewable area
greater than four inches measured diagonally;
(B) A desktop computer or portable computer; or
(C) A television of any type having a viewable area greater
than four inches measured diagonally.
(b) 'Covered electronic device' does not include:
(A) Any part of a motor vehicle;
(B) Any part of a larger piece of equipment designed and
intended for use in an industrial, commercial or medical setting,
such as diagnostic, monitoring or control equipment;
(C) Telephones or personal digital assistants of any type
unless the telephone or personal digital assistant contains a
viewable area greater than four inches measured diagonally; or
(D) Any part of a clothes washer, clothes dryer, refrigerator,
freezer, microwave oven, conventional oven or range, dishwasher,
room air conditioner, dehumidifier or air purifier.
(4) 'Covered entity' means any Oregon household, a business
that employs 10 or fewer individuals, a not-for-profit
organization exempt from taxation under section 501(c)(3) of the
Internal Revenue Code that employs 10 or fewer individuals, or
any person giving seven or fewer covered electronic devices to a
collector at any one time.
(5) 'Environmentally sound management practices' means
practices that comply with all applicable laws, including but not
limited to adequate record keeping, tracking the fate of recycled
materials, performance audits and inspections, provisions for
reuse and refurbishment, compliance with worker health and safety
requirements, maintaining liability insurance and financial
assurances and practices that may be adopted by rule by the
Environmental Quality Commission.
(6)(a) 'Manufacturer' means any person, irrespective of the
selling technique used, including by means of remote sale:
(A) That manufactures covered electronic devices under a brand
that it owns or is licensed to use;
(B) That sells covered electronic devices manufactured by
others under a brand that the seller owns;
(C) That manufactures covered electronic devices without
affixing a brand;
(D) That manufactures covered electronic devices to which it
affixes a brand that it does not own; or
Enrolled Senate Bill 82 (SB 82-B) Page 2
(E) On whose account covered electronic devices manufactured
outside the United States are imported into the United States.
This subparagraph does not apply if, at the time the covered
electronic devices are imported into the United States, another
person is registered as the manufacturer of the brand of the
covered electronic devices.
(b) 'Manufacturer' does not include a person with a license to
manufacture covered electronic devices for delivery exclusively
to or at the order of the licenser.
(7) 'Manufacturer program' means a statewide plan for
collecting, transporting and recycling covered electronic devices
that is provided by a single manufacturer or group of
manufacturers pursuant to ORS 459A.320.
(8) 'Orphan device' means a covered electronic device for which
no manufacturer can be identified.
(9) 'Person' means the United States, the state or a public or
private corporation, local government unit, public agency,
individual, partnership, association, firm, trust, estate or
other legal entity.
(10) 'Portable computer' means any of the following that has a
viewable area greater than four inches measured diagonally and
that can be carried as one unit by an individual:
(a) A laptop computer;
(b) A notebook computer; or
(c) A notepad computer.
(11) 'Premium service' means services such as at-location
system upgrade services and at-home pickup services, including
curbside pickup service.
(12)(a) 'Recycling' means:
(A) Processing through disassembling, dismantling, shredding,
transforming or remanufacturing covered electronic devices,
components and by-products into usable or marketable raw
materials or products in a manner such that the original products
may lose their identity; or
(B) Smelting materials from components removed from covered
electronic devices to recover metals for reuse in conformance
with applicable laws and rules.
(b) 'Recycling' does not include:
(A) Landfill disposal or incineration of covered electronic
devices; or
(B) Energy recovery or energy generation by means of combusting
covered electronic devices, components and by-products with or
without other waste.
{ + (13) 'Recycling credit' means a credit granted to a
manufacturer program or a state contractor program for the
collection, transport and recycling of covered electronic devices
in an amount that exceeds the program's return share by weight
for a calendar year. + }
{ - (13) - } { + (14) + } 'Retailer' means a person that
offers new covered electronic devices for sale at retail through
any means, including but not limited to remote offerings such as
sales outlets, catalogs or the Internet.
{ - (14) - } { + (15) + } 'Return share' means the minimum
percentage of covered electronic devices that an individual
manufacturer is responsible for collecting, transporting and
recycling.
{ - (15) - } { + (16) + } 'Return share by weight' means
the minimum total weight of covered electronic devices that an
individual manufacturer is responsible for collecting,
transporting and recycling.
Enrolled Senate Bill 82 (SB 82-B) Page 3
{ - (16)(a) - } { + (17)(a) + } 'Sell' or 'sale' means any
transfer of title for consideration, including but not limited to
remote sales conducted through sales outlets, catalogs or the
Internet, or any other similar electronic means.
(b) 'Sell' or 'sale' does not include leases.
{ - (17) - } { + (18) + } 'State contractor program' means
a statewide program for collecting, transporting and recycling
covered electronic devices that is provided by the Department of
Environmental Quality for manufacturers who pay a recycling fee
to the department pursuant to ORS 459A.325.
SECTION 4. ORS 459A.305, as amended by section 3 of this 2011
Act, is amended to read:
459A.305. As used in ORS 459A.305 to 459A.355:
(1) 'Brand' means a name, symbols, words or marks that identify
a covered electronic device, rather than any of its components,
and attribute the device to the owner of the brand as the
manufacturer.
(2) 'Collector' means an entity that collects covered
electronic devices as part of a manufacturer program or the state
contractor program.
{ + (3) 'Computer peripheral' means:
(a) A keyboard or mouse sold exclusively for external use with
a computer as a wireless or corded device that provides input
into, or output from, a computer; or
(b) Cords used with a keyboard or mouse described in paragraph
(a) of this subsection. + }
{ - (3)(a) - } { + (4)(a) + } 'Covered electronic device'
means:
(A) A computer monitor of any type having a viewable area
greater than four inches measured diagonally;
(B) A desktop computer or portable computer; { - or - }
(C) A television of any type having a viewable area greater
than four inches measured diagonally { - . - } { + ;
(D) A computer peripheral; or
(E) A printer. + }
(b) 'Covered electronic device' does not include:
(A) Any part of a motor vehicle;
(B) Any part of a larger piece of equipment designed and
intended for use in an industrial, commercial or medical setting,
such as diagnostic, monitoring or control equipment;
(C) Telephones or personal digital assistants of any type
unless the telephone or personal digital assistant contains a
viewable area greater than four inches measured diagonally; or
(D) Any part of a clothes washer, clothes dryer, refrigerator,
freezer, microwave oven, conventional oven or range, dishwasher,
room air conditioner, dehumidifier or air purifier.
{ - (4) - } { + (5) + } 'Covered entity' means any Oregon
household, a business that employs 10 or fewer individuals, a
not-for-profit organization exempt from taxation under section
501(c)(3) of the Internal Revenue Code that employs 10 or fewer
individuals, or any person giving seven or fewer covered
electronic devices to a collector at any one time.
{ - (5) - } { + (6) + } 'Environmentally sound management
practices ' means practices that comply with all applicable laws,
including but not limited to adequate record keeping, tracking
the fate of recycled materials, performance audits and
inspections, provisions for reuse and refurbishment, compliance
with worker health and safety requirements, maintaining liability
insurance and financial assurances and practices that may be
adopted by rule by the Environmental Quality Commission.
Enrolled Senate Bill 82 (SB 82-B) Page 4
{ - (6)(a) - } { + (7)(a) + } 'Manufacturer' means any
person, irrespective of the selling technique used, including by
means of remote sale:
(A) That manufactures covered electronic devices under a brand
that it owns or is licensed to use;
(B) That sells covered electronic devices manufactured by
others under a brand that the seller owns;
(C) That manufactures covered electronic devices without
affixing a brand;
(D) That manufactures covered electronic devices to which it
affixes a brand that it does not own; or
(E) On whose account covered electronic devices manufactured
outside the United States are imported into the United States.
This subparagraph does not apply if, at the time the covered
electronic devices are imported into the United States, another
person is registered as the manufacturer of the brand of the
covered electronic devices.
(b) 'Manufacturer' does not include a person { + :
(A) + } With a license to manufacture covered electronic
devices for delivery exclusively to or at the order of the
licenser.
{ + (B) That manufactures only computer peripherals and no
other covered electronic devices. + }
{ - (7) - } { + (8) + } 'Manufacturer program' means a
statewide plan for collecting, transporting and recycling covered
electronic devices that is provided by a single manufacturer or
group of manufacturers pursuant to ORS 459A.320.
{ - (8) - } { + (9) + } 'Orphan device' means a covered
electronic device for which no manufacturer can be identified.
{ - (9) - } { + (10) + } 'Person' means the United States,
the state or a public or private corporation, local government
unit, public agency, individual, partnership, association, firm,
trust, estate or other legal entity.
{ - (10) - } { + (11) + } 'Portable computer' means any of
the following that has a viewable area greater than four inches
measured diagonally and that can be carried as one unit by an
individual:
(a) A laptop computer;
(b) A notebook computer; or
(c) A notepad computer.
{ - (11) - } { + (12) + } 'Premium service' means services
such as at-location system upgrade services and at-home pickup
services, including curbside pickup service.
{ + (13)(a) 'Printer' means a device that:
(A) Is used to make reproductions, or is multifunctional and
performs one or more operations such as scanning or faxing in
addition to making reproductions;
(B) Is designed to be placed on a desk or other work surface
and may include an optional floor stand; and
(C) Uses print technology such as laser, electrographic, ink
jet, dot matrix, thermal or digital sublimation.
(b) 'Printer' does not include a device used to make
reproductions that:
(A) Is floor-standing;
(B) Is a point of sale receipt printer;
(C) Is also a calculator;
(D) Can also make labels; or
(E) Is embedded in something other than a covered electronic
device. + }
{ - (12)(a) - } { + (14)(a) + } 'Recycling' means:
Enrolled Senate Bill 82 (SB 82-B) Page 5
(A) Processing through disassembling, dismantling, shredding,
transforming or remanufacturing covered electronic devices,
components and by-products into usable or marketable raw
materials or products in a manner such that the original products
may lose their identity; or
(B) Smelting materials from components removed from covered
electronic devices to recover metals for reuse in conformance
with applicable laws and rules.
(b) 'Recycling' does not include:
(A) Landfill disposal or incineration of covered electronic
devices; or
(B) Energy recovery or energy generation by means of combusting
covered electronic devices, components and by-products with or
without other waste.
{ - (13) - } { + (15) + } 'Recycling credit' means a credit
granted to a manufacturer program or a state contractor program
for the collection, transport and recycling of covered electronic
devices in an amount that exceeds the program's return share by
weight for a calendar year.
{ - (14) - } { + (16) + } 'Retailer' means a person that
offers new covered electronic devices for sale at retail through
any means, including but not limited to remote offerings such as
sales outlets, catalogs or the Internet.
{ - (15) - } { + (17) + } 'Return share' means the minimum
percentage of covered electronic devices that an individual
manufacturer is responsible for collecting, transporting and
recycling.
{ - (16) - } { + (18) + } 'Return share by weight' means
the minimum total weight of covered electronic devices that an
individual manufacturer is responsible for collecting,
transporting and recycling.
{ - (17)(a) - } { + (19)(a) + } 'Sell' or 'sale' means any
transfer of title for consideration, including but not limited to
remote sales conducted through sales outlets, catalogs or the
Internet, or any other similar electronic means.
(b) 'Sell' or 'sale' does not include leases.
{ - (18) - } { + (20) + } 'State contractor program' means
a statewide program for collecting, transporting and recycling
covered electronic devices that is provided by the Department of
Environmental Quality for manufacturers who pay a recycling fee
to the department pursuant to ORS 459A.325.
SECTION 5. ORS 459A.320 is amended to read:
459A.320. (1) A manufacturer choosing to implement a
manufacturer program shall submit a plan to the Department of
Environmental Quality at the time of payment of the annual
registration fee required under ORS 459A.315.
(2) The manufacturer's plan must describe how the manufacturer
will:
(a) Finance, manage and conduct a statewide program to collect
covered electronic devices from covered entities in this state.
(b) Provide for environmentally sound management practices to
collect, transport and recycle covered electronic devices.
(c) Provide for advertising and promotion of collection
opportunities statewide and on a regular basis.
(d) Include convenient service in every county in this state
and at least one collection site for any city with a population
of at least 10,000. A collection site for a county may be the
same as a collection site for a city in the county. Collection
sites shall be staffed and open to the public at a frequency
Enrolled Senate Bill 82 (SB 82-B) Page 6
adequate to meet the needs of the area being served. A program
may provide collection service jointly with another program.
(3) A manufacturer choosing to implement a manufacturer program
shall:
(a) Meet or exceed the requirements for collection sites
described in subsection (2) of this section.
(b) Provide for collection, transportation and recycling of
covered electronic devices for covered entities free of charge,
except that a manufacturer that provides premium service for a
covered entity may charge for the additional cost of that premium
service.
(c) Implement the plan required under this section.
(d) Conduct a statistically significant sampling or actual
count of the covered electronic devices collected and recycled by
the manufacturer each calendar year using a methodology approved
by the department. The manufacturer shall report the results of
the sampling or count to the department { + , in accordance with
the approved sampling methodology or as directed by the
department, + }no later than March 1 of the following calendar
year. The report must include:
(A) A list of all brands identified during the sampling or
count by the manufacturer;
(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 manufacturer during the previous calendar year.
(e) By March 1 of each year, provide a report to the department
that details how the plan required under this section was
implemented during the previous calendar year.
(4) A group of manufacturers may choose to implement a
manufacturer program as one entity, if in doing so the
manufacturers meet the sum of their individual return shares by
weight under ORS 459A.340 (3) and that sum is at least five
percent.
(5) By July 1 of each year, a manufacturer that does not meet
its return share by weight for the previous calendar year shall
pay the department for the amount not achieved at a rate
determined by the department to be equivalent to the amount the
manufacturer would have paid, plus 10 percent, to be part of the
state contractor program under ORS 459A.340.
(6) A manufacturer participating in the state contractor
program under ORS 459A.340 shall notify the department at the
time of its registration each year.
(7) Except as provided in subsection (4) of this section, a
manufacturer with less than a five percent return share is
required to participate in the state contractor program under ORS
459A.340.
SECTION 6. ORS 459A.320, as amended by section 5 of this 2011
Act, is amended to read:
459A.320. (1) A manufacturer choosing to implement a
manufacturer program shall submit a plan to the Department of
Environmental Quality at the time of payment of the annual
registration fee required under ORS 459A.315.
(2) The manufacturer's plan must describe how the manufacturer
will:
(a) Finance, manage and conduct a statewide program to collect
covered electronic devices from covered entities in this state.
(b) Provide for environmentally sound management practices to
collect, transport and recycle covered electronic devices.
Enrolled Senate Bill 82 (SB 82-B) Page 7
(c) Provide for advertising and promotion of collection
opportunities statewide and on a regular basis.
(d) Include convenient service in every county in this state
and at least one collection site for any city with a population
of at least 10,000. A collection site for a county may be the
same as a collection site for a city in the county. Collection
sites shall be staffed and open to the public at a frequency
adequate to meet the needs of the area being served. A program
may provide collection service jointly with another program.
(3) A manufacturer choosing to implement a manufacturer program
shall:
(a) Meet or exceed the requirements for collection sites
described in subsection (2) of this section.
(b) Provide for collection, transportation and recycling of
covered electronic devices for covered entities free of charge,
except that a manufacturer that provides premium service for a
covered entity may charge for the additional cost of that premium
service.
(c) Implement the plan required under this section.
(d) Conduct a statistically significant sampling or actual
count of the covered electronic devices { + , except for computer
peripherals, + } collected and recycled by the manufacturer each
calendar year using a methodology approved by the department. The
manufacturer shall report the results of the sampling or count to
the department, in accordance with the approved sampling
methodology or as directed by the department, no later than March
1 of the following calendar year. The report must include:
(A) A list of all brands identified during the sampling or
count by the manufacturer;
(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 { + and computer peripherals + }, collected from
covered entities in the state by the manufacturer during the
previous calendar year.
(e) By March 1 of each year, provide a report to the department
that details how the plan required under this section was
implemented during the previous calendar year.
(4) A group of manufacturers may choose to implement a
manufacturer program as one entity, if in doing so the
manufacturers meet the sum of their individual return shares by
weight under ORS 459A.340 (3) and that sum is at least five
percent.
(5) By July 1 of each year, a manufacturer that does not meet
its return share by weight for the previous calendar year shall
pay the department for the amount not achieved at a rate
determined by the department to be equivalent to the amount the
manufacturer would have paid, plus 10 percent, to be part of the
state contractor program under ORS 459A.340.
(6) A manufacturer participating in the state contractor
program under ORS 459A.340 shall notify the department at the
time of its registration each year.
(7) Except as provided in subsection (4) of this section, a
manufacturer with less than a five percent return share is
required to participate in the state contractor program under ORS
459A.340.
SECTION 7. ORS 459A.335 is amended to read:
459A.335. (1) A retailer may not sell or offer for sale any
covered electronic device { + , except for computer
peripherals, + } in or for delivery into this state unless:
Enrolled Senate Bill 82 (SB 82-B) Page 8
(a) The covered electronic device is labeled with a brand and
the label is permanently affixed and readily visible;
(b) The brand is included on the list posted by the Department
of Environmental Quality pursuant to ORS 459A.340 (1); and
(c) The list posted by the department pursuant to ORS 459A.340
(1) specifies that the manufacturer is in compliance with the
requirements of ORS 459A.305 to 459A.355.
(2) A retailer shall provide to a consumer at the time of the
sale of a covered electronic device information from the
department's website that provides details about where and how a
consumer can recycle covered electronic devices in Oregon. The
information shall be provided in printed form for in-store sales
and in printable form for Internet sales and other sales where
the Internet is involved.
SECTION 8. ORS 459A.340, as amended by section 1, chapter 38,
Oregon Laws 2010, 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 - } { + and computer peripherals, as
determined by the department + }.
(b) For each manufacturer except those specified in paragraph
(c) of this subsection, determine the return share and return
share by weight for 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 { + and
computer peripherals, as + } { - , - } determined by the
department.
(c) For each manufacturer whose manufacture of covered
electronic devices as defined in ORS 459A.305 { - (3)(a)(C) - }
{ + (4)(a)(C) + } exceeds its manufacture of covered electronic
devices as defined in ORS 459A.305 { - (3)(a)(A) and (B) - }
{ + (4)(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
Enrolled Senate Bill 82 (SB 82-B) Page 9
according to each manufacturer's percentage of the total number
of covered electronic devices described in ORS 459A.305
{ - (3)(a)(C) - } { + (4)(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.
(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 { + , except for computer
peripherals, + } 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 { + and computer peripherals + }, 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 based on the
manufacturer's annual return share and return share by weight as
determined under subsection (3) of this section.
(7) Maintain on its website information on collection
opportunities for covered electronic devices, including
Enrolled Senate Bill 82 (SB 82-B) Page 10
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 9. ORS 459A.310 is amended to read:
459A.310. (1) ORS 459A.305 to 459A.355 apply to all
manufacturers engaging in the activities set forth in ORS
459A.305
{ - (6) - } { + (7) + } before, on or after June 7, 2007.
(2) ORS 459A.305 to 459A.355 do not apply to reused or
refurbished covered electronic devices.
(3) A manufacturer may not sell or offer for sale any covered
electronic device { + , except for computer peripherals, + } in
or for delivery in this state unless:
(a) The covered electronic device is labeled with a brand and
the label is permanently affixed and readily visible; and
(b) The brand is included in the plan that is filed with the
Department of Environmental Quality pursuant to ORS 459A.320.
SECTION 10. ORS 459.247 is amended to read:
459.247. (1) No person shall dispose of and no disposal site
operator shall knowingly accept for disposal the following types
of solid waste at a solid waste disposal site:
(a) Discarded or abandoned vehicles;
(b) Discarded large home or industrial appliances;
(c) Used oil;
(d) Tires;
(e) Lead-acid batteries; or
(f) Covered electronic devices.
(2) As used in this section:
(a) 'Covered electronic device' has the meaning given that term
in ORS 459A.305 { + , except that 'covered electronic device '
does not include a computer peripheral or a printer as those
items are defined in ORS 459A.305 + }; and
(b) 'Used oil' has the meaning given that term in ORS 459A.555.
(3) Nothing in this section shall prohibit a disposal site
operator from accepting and storing, for purposes of recycling or
recovering, any of the types of solid waste listed in subsection
(1) of this section.
(4) The Environmental Quality Commission may postpone the
prohibition under subsection (1)(f) of this section in any area
of this state where the commission determines there is an
inadequate system for the collection, transportation and
recycling of covered electronic devices.
(5)(a) Each disposal site operator shall establish and
implement, in accordance with any permit requirements established
by the Department of Environmental Quality, a program reasonably
designed to prevent acceptance of covered electronic devices for
disposal. If an operator operates the disposal site in conformity
with the program, the operator is presumed to have complied with
the provisions of this section that prohibit knowingly accepting
covered electronic devices for disposal.
(b) This section does not prevent the disposal site operator
from accepting and storing, for purposes of recycling, reusing or
refurbishing, covered electronic devices.
SECTION 11. { + (1) Section 2 of this 2011 Act and the
amendments to ORS 459A.305 and 459A.320 by sections 3 and 5 of
this 2011 Act apply to calendar year 2011 and each calendar year
thereafter.
Enrolled Senate Bill 82 (SB 82-B) Page 11
(2)(a) Except as provided in paragraph (b) of this subsection,
the amendments to ORS 459.247, 459A.305, 459A.310, 459A.320,
459A.335 and 459A.340 by sections 4 and 6 to 10 of this 2011 Act
become operative on January 1, 2015, and apply to calendar year
2015 and each calendar year thereafter.
(b) Before the operative date specified in paragraph (a) of
this subsection, the Environmental Quality Commission may adopt
rules or take any other action, and the Department of
Environmental of Quality may take any action, including but not
limited to requiring submission of the plan specified in ORS
459A.320 and payment of the registration fee required under ORS
459A.315, as necessary to implement and ensure compliance with,
on or after the operative date specified in paragraph (a) of this
subsection, the amendments to ORS 459.247, 459A.305, 459A.310,
459A.320, 459A.335 and 459A.340 by sections 4 and 6 to 10 of this
2011 Act. + }
SECTION 12. { + This 2011 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect on
its passage. + }
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Passed by Senate May 4, 2011
Repassed by Senate June 20, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 16, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 82 (SB 82-B) Page 12
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 82 (SB 82-B) Page 13
