Chapter
706
AN ACT
SB 867
Relating to development of programs for stewardship of electronic products; appropriating money; and declaring an emergency.
Whereas the recycling of valuable resources from scrap electronic products is an opportunity to create businesses and jobs in the State of Oregon, and reusable computers that are diverted from disposal provide a low-cost option for many citizens to participate in the digital age; and
Whereas the challenge of providing recycling opportunities for Oregonians can best be addressed through a product stewardship approach to build a cooperative public-private partnership that shares responsibility among manufacturers, retailers, consumers, recyclers and governments; and
Whereas the best approach for the State of Oregon would be consistent with a national approach, since these products are traded nationally and a consistent national funding system and infrastructure would be the most effective and cost-efficient; and
Whereas a national approach is now being negotiated in a multi-stakeholder dialogue called the National Electronics Product Stewardship Initiative (NEPSI), and the State of Oregon can provide leadership by urging a responsible national solution and by developing the required local infrastructure; and
Whereas the State of Oregon has already provided leadership through convening a multi-stakeholder dialogue called the Western Electronic Product Stewardship Initiative (WEPSI) and is participating in the NEPSI dialogue; and
Whereas the State of Oregon intends to participate in a national electronic product stewardship approach that serves the needs of Oregonians by providing convenient and effective opportunities to reuse and recycle those products, and this approach will build on a public-private partnership in which responsibilities are shared among manufacturers, retailers, consumers, recyclers and governments; now, therefore,
Be It Enacted by the People of the State of
Oregon:
SECTION 1. (1)
There is created the Advisory Committee on Electronic Product Stewardship
within the Economic and Community Development Department. Members shall be
appointed by and serve at the pleasure of the Director of the Economic and
Community Development Department.
(2)
Advisory committee membership shall include, but is not limited to, persons who
represent:
(a)
Electronic product manufacturers, retailers, consumers or recyclers; and
(b)
Public bodies as defined in ORS 174.109, including the Department of
Environmental Quality, the Oregon Department of Administrative Services and a
metropolitan service district serving a population of more than 500,000
persons.
(3)
The responsibilities of the advisory committee shall include, but not be
limited to:
(a)
Examining the existing infrastructure in this state for reuse and recycling of
used electronic products, including reuse and recycling opportunities offered
by manufacturers, retailers and local and regional governments and
opportunities for donation and reuse of electronic products;
(b)
Monitoring the progress of national programs and legislation developed through
the National Electronics Product Stewardship Initiative;
(c)
Reviewing existing data on the actual impact that used electronic products have
on the environment;
(d)
Reviewing state and federal environmental regulations that encourage or impede
effective reuse and recycling of electronic products and recommending changes
if needed;
(e)
Exploring the creation of business opportunities and jobs in the area of
electronic product recycling infrastructure and state or local financial
incentives for developing business opportunities and jobs in the area of
electronic product recycling infrastructure;
(f)
Developing recommendations for educating consumers and businesses in the area
of electronic product recycling; and
(g)
Reviewing regional and national guidelines for governmental procurement of
environmentally responsible electronic products and how similar guidelines
might be used in this state.
(4)
The Economic and Community Development Department may accept contributions of
funds and assistance from the government of the United States or its agencies
or from any other source, public or private, and agree to conditions placed on
the funds not inconsistent with the purposes of this section.
(5)
A majority of the members of the advisory committee constitutes a quorum for
the transaction of business.
(6)
Official action by the advisory committee requires the approval of a majority
of the members of the advisory committee.
(7)
The advisory committee shall elect one of its members to serve as chairperson.
(8)
Members of the advisory committee are not entitled to compensation or
reimbursement for expenses and serve as volunteers on the advisory committee.
(9)
The Economic and Community Development Department shall provide staff support
to the advisory committee.
(10) For purposes of this section, “electronic products” means computers, monitors, large and small computer peripherals and televisions.
SECTION 2. The Advisory Committee on Electronic Product Stewardship created in section 1 of this 2003 Act shall report its findings and recommendations in the manner provided in ORS 192.245 to the Seventy-third Legislative Assembly no later than January 31, 2005.
SECTION 3. (1)
The Advisory Committee on Electronic Product Stewardship Fund is established
separate and distinct from the General Fund.
(2)
All moneys received by the Economic and Community Development Department under
section 1 of this 2003 Act shall be deposited in the Advisory Committee on
Electronic Product Stewardship Fund to the credit of the Advisory Committee on
Electronic Product Stewardship. Such moneys are appropriated continuously to
the advisory committee for the purpose of carrying out the provisions of
sections 1 and 2 of this 2003 Act. Interest earned by the Advisory Committee on
Electronic Product Stewardship Fund shall be credited to the fund.
(3) The advisory committee may not begin carrying out its responsibilities under sections 1 and 2 of this 2003 Act and the department may not provide staff support to the advisory committee until at least $25,000 has been received by the department from the sources described under section 1 of this 2003 Act and has been deposited into the Advisory Committee on Electronic Product Stewardship Fund.
SECTION 4. Any metropolitan service district serving a population of more than 500,000 persons shall develop and implement a program pertaining to electronic product reuse and recycling. Under the program, the metropolitan service district shall prepare educational materials relating to the collection, recycling and reuse of used consumer electronic products and develop and implement an outreach and education program.
SECTION 5. Sections 1, 2 and 3 of this 2003 Act are repealed on January 2, 2006.
SECTION 6. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.
Approved by the Governor August 22, 2003
Filed in the office of Secretary of State August 22, 2003
Effective date August 22, 2003
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