72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 3716
 
                           A-Engrossed
 
                         Senate Bill 912
                  Ordered by the Senate July 22
            Including Senate Amendments dated July 22
 
Sponsored by COMMITTEE ON RULES
 
 
                             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.
 
    { - Deletes - }   { + Postpones + } requirement that glass
container manufacturers use at least 50 percent recycled glass in
manufacturing glass food, drink or beverage containers
 { + until + } on and after January   { - 1, 2004 - }  { +  2,
2008 + }.
  Takes effect December 31, 2003.
 
                        A BILL FOR AN ACT
Relating to recycled glass content requirements; amending ORS
  459A.550; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 459A.550 is amended to read:
  459A.550. (1) On or before February 28 each year, every glass
container manufacturer shall report to the Department of
Environmental Quality, in accordance with a method established by
the department, the total amount, in tons, of new glass food,
drink and beverage containers made in Oregon or sold to packagers
located in Oregon by the glass container manufacturer during the
previous calendar year, and the tons of recycled glass used in
manufacturing the new containers. A glass container manufacturer
located more than 750 miles from the borders of this state shall
report to the department only for those years in which the glass
container manufacturer sells more than 1,000 tons of new glass
containers to packagers located in Oregon.
  (2) For glass containers manufactured in Oregon or within 750
miles of the borders of this state, each glass container
manufacturer shall use the following minimum percentages of
recycled glass in manufacturing glass food, drink or beverage
containers:
  (a) Thirty-five percent on and after January 1, 1995.
  (b) Fifty percent on and after   { - January 1, 2004 - }  { +
January 2, 2008 + }.
  (3) Upon request from a glass container manufacturer, the
department shall not enforce the requirement that a minimum
percentage of recycled glass be used in the manufacturing of
glass food, drink or beverage containers under subsection (2) of
this section if the department determines that a glass container
manufacturer cannot meet the minimum percentage requirements
because of a lack of available glass cullet that meets reasonable
specifications established by the manufacturer.
  (4) A manufacturer requesting an exemption from the recycled
glass content requirements under this section shall inform the
department of the steps the manufacturer plans to take in order
to come into compliance with the recycled content requirements.
The department shall grant exemptions for a period of no more
than three years. An exemption may be renewed upon a reasonable
showing by the applicant. The department may recover all costs
involved in considering and acting upon exemption requests.
  (5) On or after   { - January 1, 2004 - }  { +  January 2,
2008 + }, in determining whether a glass container manufacturer
has met the 50 percent minimum percentage requirement, the
department shall credit toward the requirement the combined
amount of recycled glass generated in Oregon for secondary end
uses. If the combined amount meets the 50 percent minimum
percentage requirement, the department shall not initiate
enforcement action.
  (6) The department shall not enforce the provisions of
subsection (2)(b) of this section until   { - January 1, 2004 - }
 { +  January 2, 2008 + }.
  (7) As used in this section, 'glass container manufacturer '
means a person that manufactures new glass containers in Oregon
or that, during the calendar year preceding the reporting period
established under subsection (1) of this section, manufactured
new glass containers outside Oregon that were sold by the
manufacturer to packagers located in Oregon.
  SECTION 2.  { + This 2003 Act takes effect on December 31,
2003. + }
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