Bill Text: OR SB82 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 847

                         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)

                             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.

  Allows manufacturer program or state contractor program that
collects, transports and recycles covered electronic devices
beyond certain threshold to claim recycling credits. Specifies
requirements related to recycling credits. Clarifies requirements
related to manufacturer programs.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to recycling of electronic devices; creating new
  provisions; amending ORS 459A.305 and 459A.320; 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;
  (c) The number of recycling credits the manufacturer program
used to meet its return share by weight for the previous calendar
year; and
  (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
  (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.
    { - (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.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
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 5.  { + Section 2 of this 2011 Act and the amendments
to ORS 459A.305 and 459A.320 by sections 3 and 4 of this 2011 Act
apply to calendar year 2011 and each calendar year
thereafter. + }
  SECTION 6.  { + 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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