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
 
                         Senate Bill 912
 
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 as
introduced.
 
  Deletes requirement that glass container manufacturers use at
least 50 percent recycled glass in manufacturing glass food,
drink or beverage containers on and after January 1, 2004.
  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 - }   { + a minimum of 35 percent  + }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. - }
  (3) Upon request from a glass container manufacturer, the
department   { - shall - }   { + may + } 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, 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. - }
    { - (7) - }   { + (5) + } 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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