74th OREGON LEGISLATIVE ASSEMBLY--2007 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 3054
House Bill 2626
Sponsored by Representatives DINGFELDER, BRUUN
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.
Establishes statewide system administered by Department of
Environmental Quality for collection, transportation and
recycling of certain electronic devices. Requires manufacturers
of covered electronic devices to register for participation in
manufacturer program or contractor program. Requires manufacturer
or group of manufacturers to provide collection sites. Directs
department to provide consumer information explaining system for
recycling covered electronic devices. Requires retailers to
display and provide consumers with information on system for
recycling covered electronic devices.
Prohibits charging of fee for collection of covered electronic
devices, with exception for collectors who provide premium
service.
Authorizes Environmental Quality Commission to adopt rules to
implement system for recycling covered electronic devices.
Imposes civil penalty for disposal of, or knowingly accepting
for disposal, covered electronic devices at solid waste disposal
site. Imposes civil penalties for other violations of provisions
related to collection and recycling of electronic devices.
A BILL FOR AN ACT
Relating to recycling of electronic devices; creating new
provisions; and amending ORS 459.247 and 459.995.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The Legislative Assembly finds that:
(1) It is necessary to encourage the design of electronic
devices that are more resource-efficient, more recyclable and
less environmentally toxic;
(2) The development and availability of a statewide system that
conveniently serves both urban and rural areas of Oregon for the
collection and recycling of electronic devices at the end of
their useful lives is in the best interest of the state; and
(3) A statewide collection and recycling system should be
financed by the manufacturers of those electronic devices. + }
{ +
DEFINITIONS + }
SECTION 2. { + As used in sections 2 to 11 of this 2007 Act:
(1) 'Brand' means a manufacturer's name, a brand name or a
brand label or all manufacturers' names, brand names and brand
labels for which a manufacturer has responsibility.
(2) 'Collector' means an entity that collects covered
electronic devices for the purpose of reuse or recycling and that
meets standards or contract requirements set forth by the
Department of Environmental Quality.
(3) 'Contractor program' means a statewide program for
collecting, transporting and recycling covered electronic devices
that is provided by the department for manufacturers who pay a
recycling fee to the department for the purposes of sections 2 to
11 of this 2007 Act.
(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 when 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; or
(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.
(5) 'Manufacturer' means a person that, irrespective of the
selling technique used, including by means of remote sale:
(a) Produces covered electronic devices under its own brand for
sale in this state;
(b) Sells in this state covered electronic devices produced by
other suppliers under its own brand;
(c) Assembles covered electronic devices, with parts produced
by others, for sale in this state under the assembler's brand;
(d) Imports or exports covered electronic devices to the United
States for sale in this state, except that if a company from
which an importer purchases the covered electronic devices has a
presence or assets in the United States, that company shall be
deemed to be the manufacturer; or
(e) Manufactures or supplies covered electronic devices to any
person within a distribution network that includes wholesalers or
retailers in this state, for the sale in this state of those
covered electronic devices through that distribution network.
(6) 'Manufacturer program' means a statewide program for
collecting, transporting and recycling covered electronic devices
that is provided by a single manufacturer, or group of
manufacturers, for the purposes of sections 2 to 11 of this 2007
Act.
(7) 'Obligation' means the quantity of covered electronic
devices, by weight, that an individual manufacturer is required
to recycle in a year, calculated by adding the manufacturer's
annual return share by weight to the weight of a percentage of
orphan product.
(8) 'Orphan product' means a covered electronic device whose
manufacturer cannot be identified or whose manufacturer is no
longer in business and has no successor in interest.
(9) '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;
(c) A notepad computer; or
(d) Any similar electronic device.
(10) 'Premium service' means services such as at-location
system upgrade services and at-home pickup services, including
curbside pickup service.
(11)(a) 'Recycling' means:
(A) Separating, processing, transforming or remanufacturing
covered electronic devices, components and by-products into
usable or marketable raw materials or products; or
(B) Smelting materials 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 uses; or
(B) Energy recovery or energy generation by means of combusting
covered electronic devices, components and by-products with or
without other waste.
(12) 'Retailer' means a person that owns or operates a business
that sells covered electronic devices to consumers.
(13) 'Return share' means the percentage of covered electronic
devices that an individual manufacturer is responsible for
collecting, transporting and recycling.
(14) 'Return share by weight' means the total weight of covered
electronic devices that an individual manufacturer is responsible
for collecting, transporting and recycling.
(15) 'Sell' or 'sale' means:
(a) Any transfer of title for consideration in this state that
is not a lease; or
(b) Any transfer of title for consideration through remote
sales conducted through sales outlets, catalogs or the Internet,
or any similar electronic means, that is not a lease. + }
{ +
MANUFACTURERS + }
SECTION 3. { + A manufacturer of covered electronic devices
sold in this state shall label each covered electronic device
with the manufacturer's brand. The label shall be permanently
affixed and readily visible. + }
SECTION 4. { + (1) Before January 1 of each year, a
manufacturer of covered electronic devices sold in this state
shall register with the Department of Environmental Quality, for
a period to cover the upcoming calendar year, on a form provided
by the department. The registration shall include:
(a) A list all of the brands being offered for sale in this
state by the manufacturer.
(b) A statement of whether the manufacturer will be
implementing a manufacturer program under section 5 of this 2007
Act or utilizing the contractor program under section 6 of this
2007 Act for recycling covered electronic devices.
(c) Any other information required by the department to
implement sections 2 to 11 of this 2007 Act.
(2)(a) Not later than July 1 of each year, a manufacturer of
covered electronic devices sold in this state shall pay an annual
registration fee to the department.
(b) For calendar years 2008 to 2011, the manufacturer
registration fee shall be:
(A) $___ for manufacturers selling more than ___ percent of the
total number of units of covered electronic devices sold in this
state the previous calendar year.
(B) $___ for manufacturers selling at least ___ percent but not
more than ___ percent of the total number of units of covered
electronic devices sold in this state the previous calendar year.
(C) $___ for manufacturers selling less than ___ percent of the
total number of units of covered electronic devices sold in this
state the previous calendar year.
(c) For calendar years 2012 and beyond, the Environmental
Quality Commission may modify the registration fees collected by
the department under this section so that the total of
registration fees collected approximately matches the
department's costs, excluding costs incurred under section 10 (6)
of this 2007 Act, of implementing sections 2 to 11 of this 2007
Act.
(3) The department shall determine a manufacturer's
registration fee category for purposes of subsection (2) of this
section using data from national market research, prorated for
Oregon and based on statewide population. + }
SECTION 5. { + (1) A manufacturer choosing to implement a
manufacturer program shall submit a plan at the time of payment
of the annual registration fee required under section 4 of this
2007 Act. The plan must describe how the manufacturer will
finance, manage and conduct a statewide program that uses
environmentally sound management practices to collect, transport
and recycle covered electronic devices.
(2) The Department of Environmental Quality shall accept or
reject a plan submitted by a manufacturer under this section.
(3) A manufacturer choosing to implement a manufacturer program
shall:
(a) Meet or exceed the requirements for collection sites
described in section 8 of this 2007 Act.
(b) Implement the plan required under this section.
(c) Advertise and promote collection opportunities statewide
and on a regular basis.
(4) A group of manufacturers may choose to implement a
manufacturer program as one entity, but in doing so shall meet
the sum of their individual obligations under sections 2 to 11 of
this 2007 Act.
(5) A manufacturer with ___ percent or less return share is
required to choose the contractor program under section 6 of this
2007 Act. + }
SECTION 5a. Section 5 of this 2007 Act is amended to read:
{ + Sec. 5. + } (1) A manufacturer choosing to implement a
manufacturer program shall submit a plan at the time of payment
of the annual registration fee required under section 4 of this
2007 Act. The plan must describe how the manufacturer will
finance, manage and conduct a statewide program that uses
environmentally sound management practices to collect, transport
and recycle covered electronic devices.
(2) The Department of Environmental Quality shall accept or
reject a plan submitted by a manufacturer under this section.
(3) A manufacturer choosing to implement a manufacturer program
shall:
(a) Meet or exceed the requirements for collection sites
described in section 8 of this 2007 Act.
(b) Implement the plan required under this section.
(c) Advertise and promote collection opportunities statewide
and on a regular basis.
{ + (d) Conduct a statistically significant sampling of the
manufacturer's covered electronic devices collected and recycled
during the previous calendar year. The manufacturer shall report
the results of the sampling to the department no later than March
1 of each year. The report must include:
(A) A list of the manufacturer's brands;
(B) The weight of covered electronic devices identified with
each brand;
(C) The weight of covered electronic devices that lack the
manufacturer's brand; and
(D) Any other information the department requires to determine
the manufacturer's annual return share and designated
obligation. + }
(4) A group of manufacturers may choose to implement a
manufacturer program as one entity, but in doing so shall meet
the sum of their individual obligations under sections 2 to 11 of
this 2007 Act.
{ + (5) By July 1 of each year, a manufacturer that does not
meet its obligation 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 to be part of the contractor program under
section 6 of this 2007 Act. + }
{ - (5) - } { + (6) + } A manufacturer with ___ percent or
less return share is required to choose the contractor program
under section 6 of this 2007 Act.
SECTION 6. { + (1) By July 1 of each year, a manufacturer who
is part of the contractor program shall pay a recycling fee to
the Department of Environmental Quality in an amount determined
by the department to cover the costs of collecting, transporting
and recycling the manufacturer's annual return share of covered
electronic devices.
(2) The department shall base the recycling fee required under
this section on the cost of implementing the contractor program
and the manufacturer's annual return share of covered electronic
devices. The department shall:
(a) Determine the manufacturer's annual return share for
calendar years 2008 and 2009, utilizing data compiled by counties
and from other states; and
(b) Determine the manufacturer's annual return share for
calendar years 2010 and thereafter utilizing data reported to the
department by manufacturers.
(3) For calendar years 2008 through 2011, the recycling fee may
not exceed $___ per pound. + }
SECTION 7. { + (1) Except as authorized in subsection (2) of
this section, a manufacturer program, the contractor program or a
collector participating in a manufacturer program or a contractor
program may not charge a fee to consumers for the collection,
transportation or recycling of covered electronic devices.
(2) A collector who provides a premium service to a consumer
may charge the consumer for the additional cost of providing the
premium service. + }
SECTION 8. { + (1) A manufacturer program shall provide
convenient and available collection sites for covered electronic
devices in both rural and urban areas. A manufacturer program
shall provide at least one collection site in every county in
this state. A program may provide a collection site jointly with
another manufacturer program.
(2) A manufacturer program shall provide 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.
(3) Collection sites may include electronics recyclers, repair
shops, recyclers of other commodities, reuse organizations,
charities or thrifts, retailers, disposal sites, recycling sites,
transfer stations or other suitable locations.
(4)(a) Collection sites shall be staffed and open to the public
at a frequency adequate to meet the needs of the area being
served, but at least one day each week between the hours of 8:00
a.m. and 5:00 p.m.
(b) Collection sites may accept up to ___ covered electronic
devices per person per day. + }
{ +
RETAILERS + }
SECTION 9. { + (1) A retailer may not sell or offer for sale a
covered electronic device from a manufacturer who is not on the
list posted by the Department of Environmental Quality pursuant
to section 10 of this 2007 Act.
(2) A retailer shall post, in a location visible to the
consumer, information provided by the department and the
manufacturer that describes where and how a consumer can recycle
covered electronic devices.
(3) A retailer shall provide in printed form the information
described in subsection (2) of this section to the consumer at
the time of the sale of a covered electronic device. + }
{ +
DEPARTMENT OF ENVIRONMENTAL QUALITY AND + }
{ +
ENVIRONMENTAL QUALITY COMMISSION + }
SECTION 10. { + The Department of Environmental Quality shall:
(1) Maintain and make available on its Internet website a list
of manufacturers who have registered with the department and are
in compliance with sections 2 to 11 of this 2007 Act.
(2) Determine the registration fee to be paid by each
manufacturer under section 4 of this 2007 Act.
(3) Review and approve plans submitted annually by
manufacturers choosing to implement a manufacturer program for
recycling covered electronic devices.
(4) Determine the return share and return share by weight for
each manufacturer who sells covered electronic devices in Oregon.
The return share shall include a proportionate estimated share of
orphan product and historic waste.
(5) Provide statewide information about opportunities for
collection and recycling of covered electronic devices.
(6) Establish a contractor program for the collection of up to
___ covered electronic devices per person per day and the
recycling of those covered electronic devices. The contractor
program shall, to the extent practicable, use existing local
collection and recycling infrastructure that follows
environmentally sound management practices.
(7) Determine the recycling fee to be paid by each manufacturer
that participates in the contractor program under section 6 of
this 2007 Act.
(8) In consultation with the Environmental Quality Commission,
report biennially to the Legislative Assembly on the operation of
the statewide system for collection, transportation and recycling
of covered electronic devices. + }
SECTION 11. { + The Environmental Quality Commission may adopt
rules necessary to implement a convenient and comprehensive
statewide system for the collection, transportation and recycling
of covered electronic devices. + }
SECTION 12. { + (1) The Department of Environmental Quality
shall evaluate any federal law that establishes a national
program for the collection and recycling of electronic devices.
(2) If the department determines that the federal law
substantially meets or exceeds the requirements and intent of
sections 2 to 11 of this 2007 Act, the department shall include
information on the federal law in the next biennial report to the
Legislative Assembly pursuant to section 10 of this 2007 Act. + }
{ +
PENALTIES + }
SECTION 13. 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; { - or - }
(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 section 2 of this 2007 Act; 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. + }
SECTION 14. ORS 459.995 is amended to read:
459.995. (1) Except as provided in subsection (2) of this
section, in addition to any other penalty provided by law:
(a) Any person who violates ORS 459.205, 459.270, 459.272,
459.386 to 459.405, 459.705 to 459.790, 459A.005 to 459A.620,
459A.675 to 459A.685 or 646.845 { + or sections 3 to 9 of this
2007 Act, + } or any rule or order of the Environmental Quality
Commission pertaining to the disposal, collection, storage or
reuse or recycling of solid wastes, as defined by ORS 459.005, or
any rule or order pertaining to the disposal, storage or
transportation of waste tires, as defined by ORS 459.705, or any
rule or order pertaining to the sale of novelty items that
contain encapsulated liquid mercury, shall incur a civil penalty
not to exceed $10,000 a day for each day of the violation.
(b) Any person who violates the provisions of ORS 459.420 to
459.426 shall incur a civil penalty not to exceed $500 for each
violation. Each battery that is disposed of improperly shall be a
separate violation. Each day an establishment fails to post the
notice required under ORS 459.426 shall be a separate violation.
(c) For each day a city, county or metropolitan service
district fails to provide the opportunity to recycle as required
under ORS 459A.005, the city, county or metropolitan service
district shall incur a civil penalty not to exceed $500 for each
violation.
{ + (d) Any person who violates the provisions of ORS 459.247
(1)(f) shall incur a civil penalty not to exceed $500 for each
violation. Each covered electronic device that is disposed of
improperly shall be a separate violation. + }
(2) Any product manufacturer or package manufacturer who
violates ORS 459A.650 to 459A.665 or any rule adopted under ORS
459A.650 to 459A.665 shall incur a civil penalty not to exceed
$1,000 per day for each day of the violation. A violation of ORS
459A.650 to 459A.665 shall not be subject to additional penalties
under subsection (1) of this section.
(3) Any civil penalty authorized by subsection (1) or (2) of
this section shall be imposed in the manner provided by ORS
468.135.
{ +
MISCELLANEOUS + }
SECTION 15. { + The unit captions used in this 2007 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2007 Act. + }
SECTION 16. { + (1) Section 9 (1) of this 2007 Act applies to
covered electronic devices sold by a retailer on or after January
1, 2009.
(2) The amendments to ORS 459.995 by section 14 of this 2007
Act apply to violations of section 9 (1) of this 2007 Act
occurring on or after January 1, 2009. + }
SECTION 17. { + The amendments to section 5 of this 2007 Act
by section 5a of this 2007 Act become operative on January 1,
2010. + }
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