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 1820
Senate Bill 481
Sponsored by Senators VERGER, COURTNEY
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.
Creates Beverage Product Stewardship Board. Transfers duties of
Oregon Liquor Control Commission relating to beverage container
collection and refund to board.
Expands type of beverage containers subject to deposit
provisions. Increases deposit amount. Eliminates role of
manufacturer and distributor in collection and refund of deposit.
Allows dealer to refuse to accept beverage container if dealer
is within redemption convenience zone of redemption center.
Provides that dealers send deposits on beverage containers to
board to be deposited in Beverage Product Deposit Fund. Creates
Beverage Product Deposit Fund. Continuously appropriates moneys
in fund to board. Directs board to return refund value of
beverage container and handling fee to redemption center or
dealer who pays refund value to consumer.
Appropriates moneys to board from General Fund for initial
costs.
Takes effect on 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to beverage containers; creating new provisions;
amending ORS 459.992, 459A.700, 459A.705, 459A.710, 459A.715,
459A.720, 459A.735, 459A.740 and 471.501; repealing ORS
459A.725 and 459A.730; appropriating money; and prescribing an
effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 6 of this 2007 Act are added to
and made a part of ORS 459A.700 to 459A.740. + }
SECTION 2. { + (1) There is established the Beverage Product
Stewardship Board consisting of seven members appointed by the
Governor.
(2) The term of office of each member is four years, but a
member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a
successor whose term begins on January 1 next following. A member
is eligible for reappointment. If there is a vacancy for any
cause, the Governor shall make an appointment to become
immediately effective for the unexpired term.
(3) The members of the board shall be persons who are well
informed on matters relating to recycling markets, the beverage
industry, local governments, environmental advocacy, solid waste
collection and disposal or retail beverage sales. In making
appointments to the board, the Governor shall appoint members so
that the board represents a broad range of interests.
(4) The appointment of a member to the board is subject to
confirmation by the Senate in the manner prescribed in ORS
171.562 and 171.565.
(5) A member of the board is entitled to compensation and
expenses as provided in ORS 292.495. + }
SECTION 3. { + Notwithstanding the term of office specified by
section 2 of this 2007 Act, of the members first appointed to the
Beverage Product Stewardship Board:
(1) Two shall serve for terms ending January 1, 2009.
(2) Two shall serve for terms ending January 1, 2010.
(3) Three shall serve for terms ending January 1, 2011. + }
SECTION 4. { + (1) The Beverage Product Stewardship Board
shall select one of its members as chairperson and another as
vice chairperson, for such terms and with duties and powers
necessary for the performance of the functions of the offices as
the board determines.
(2) A majority of the members of the board constitutes a quorum
for the transaction of business.
(3) The vote of a majority of the quorum is necessary for
official action. + }
SECTION 5. { + The Beverage Product Stewardship Board shall
meet at least once every three months at a place, day and hour
determined by the board. The board shall also meet at other times
and places specified by the call of the chairperson or of a
majority of the members of the board. + }
SECTION 6. { + (1) The Beverage Product Stewardship Board
shall have the following duties:
(a) Certifying redemption centers and establishing redemption
convenience zones;
(b) Administering the collection and return of beverage
container deposits and refunds; and
(c) Promoting the development of markets for the recycling of
beverage containers.
(2) In accordance with the applicable provisions of ORS chapter
183, the board may adopt rules necessary for the administration
of ORS 459A.700 to 459A.740. Specifically, the board may adopt
rules:
(a) Establishing guidelines, procedures and standards for the
certification of redemption centers, including:
(A) The method of applying for certification;
(B) Criteria for certifying and decertifying a redemption
center;
(C) Building or receptacle requirements for redemption centers;
and
(D) Minimum hours of operation of redemption centers.
(b) Establishing fees for the application for certification of
a redemption center.
(c) Establishing criteria and guidelines for the establishment
of redemption convenience zones. + }
SECTION 7. { + The duties, functions and powers of the Oregon
Liquor Control Commission relating to beverage containers and the
implementation of ORS 459A.700 to 459A.740 are imposed upon,
transferred to and vested in the Beverage Product Stewardship
Board. + }
SECTION 8. { + (1) The Oregon Liquor Control Commission shall:
(a) Deliver to the Beverage Product Stewardship Board all
records and property within the jurisdiction of the Oregon Liquor
Control Commission that relate to the duties, functions and
powers transferred by section 7 of this 2007 Act; and
(b) Transfer to the Beverage Product Stewardship Board those
employees engaged primarily in the exercise of the duties,
functions and powers transferred by section 7 of this 2007 Act.
(2) The Beverage Product Stewardship Board shall take
possession of the records and property, and shall take charge of
the employees and employ them in the exercise of the duties,
functions and powers transferred by section 7 of this 2007 Act,
without reduction of compensation but subject to change or
termination of employment or compensation as provided by law.
(3) The Governor shall resolve any dispute between the Oregon
Liquor Control Commission and the Beverage Product Stewardship
Board relating to transfers of records, property and employees
under this section, and the Governor's decision is final. + }
SECTION 9. { + (1) The unexpended balances of amounts
authorized to be expended by the Oregon Liquor Control Commission
for the biennium beginning July 1, 2007, from revenues dedicated,
continuously appropriated, appropriated or otherwise made
available for the purpose of administering and enforcing the
duties, functions and powers transferred by section 7 of this
2007 Act are appropriated and transferred to and are available
for expenditure by the Beverage Product Stewardship Board for the
biennium beginning July 1, 2007, for the purpose of administering
and enforcing the duties, functions and powers transferred by
section 7 of this 2007 Act.
(2) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the Oregon Liquor
Control Commission remain applicable to expenditures by the
Beverage Product Stewardship Board under this section. + }
SECTION 10. { + The transfer of duties, functions and powers
to the Beverage Product Stewardship Board by section 7 of this
2007 Act does not affect any action, proceeding or prosecution
involving or with respect to such duties, functions and powers
begun before and pending at the time of the transfer, except that
the Beverage Product Stewardship Board is substituted for the
Oregon Liquor Control Commission in the action, proceeding or
prosecution. + }
SECTION 11. { + (1) Nothing in sections 7 to 13 of this 2007
Act relieves a person of a liability, duty or obligation accruing
under or with respect to the duties, functions and powers
transferred by section 7 of this 2007 Act. The Beverage Product
Stewardship Board may undertake the collection or enforcement of
any such liability, duty or obligation.
(2) The rights and obligations of the Oregon Liquor Control
Commission legally incurred under contracts, leases and business
transactions executed, entered into or begun before the operative
date of section 7 of this 2007 Act accruing under or with respect
to the duties, functions and powers transferred by section 7 of
this 2007 Act are transferred to the Beverage Product Stewardship
Board. For the purpose of succession to these rights and
obligations, the Beverage Product Stewardship Board is a
continuation of the Oregon Liquor Control Commission and not a
new authority. + }
SECTION 12. { + Notwithstanding the transfer of duties,
functions and powers by section 7 of this 2007 Act, the rules of
the Oregon Liquor Control Commission with respect to such duties,
functions or powers that are in effect on the operative date of
section 7 of this 2007 Act continue in effect until superseded or
repealed by rules of the Beverage Product Stewardship Board.
References in such rules of the Oregon Liquor Control Commission
to the Oregon Liquor Control Commission or an officer or employee
of the Oregon Liquor Control Commission are considered to be
references to the Beverage Product Stewardship Board or an
officer or employee of the Beverage Product Stewardship
Board. + }
SECTION 13. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, in the context
of the duties, functions and powers transferred by section 7 of
this 2007 Act, reference is made to the Oregon Liquor Control
Commission, or an officer or employee of the Oregon Liquor
Control Commission, whose duties, functions or powers are
transferred by section 7 of this 2007 Act, the reference is
considered to be a reference to the Beverage Product Stewardship
Board or an officer or employee of the Beverage Product
Stewardship Board who by this 2007 Act is charged with carrying
out such duties, functions and powers. + }
SECTION 14. ORS 459A.700 is amended to read:
459A.700. As used in ORS { - 459.992 (3) and (4) and - }
459A.700 to 459A.740, unless the context requires otherwise:
(1) 'Beverage' means { - beer or other malt beverages and
mineral waters, soda water and similar carbonated soft drinks - }
{ + a drink + } in liquid form and intended for human
consumption { + , other than milk, medicine or flavorings + }.
(2) 'Beverage container' means { - the - } { + an + }
individual, separate, sealed glass, metal or plastic bottle, can
{ - , - } { + or + } jar { - , or carton containing a
beverage - } { + that:
(a) Holds more than seven fluid ounces and less than one
gallon; and
(b) Contains a beverage + }.
{ - (3) 'Commission' means the Oregon Liquor Control
Commission. - }
{ - (4) - } { + (3) + } 'Consumer' means every person who
purchases a beverage in a beverage container for use or
consumption.
{ - (5) - } { + (4) + } 'Dealer' means every person in this
state who engages in the sale of beverages in beverage containers
to a consumer { - , or means a redemption center certified under
ORS 459A.735 - } .
{ - (6) 'Distributor' means every person who engages in the
sale of beverages in beverage containers to a dealer in this
state including any manufacturer who engages in such sales. - }
{ - (7) - } { + (5) + } 'In this state' means within the
exterior limits of the State of Oregon and includes all territory
within these limits owned by or ceded to the United States of
America.
{ - (8) 'Manufacturer' means every person bottling, canning
or otherwise filling beverage containers for sale to distributors
or dealers. - }
{ - (9) 'Place of business of a dealer' means the location at
which a dealer sells or offers for sale beverages in beverage
containers to consumers. - }
{ - (10) 'Use or consumption' includes the exercise of any
right or power over a beverage incident to the ownership thereof,
other than the sale or the keeping or retention of a beverage for
the purposes of sale. - }
SECTION 15. ORS 459A.705 is amended to read:
459A.705. { - (1) Except as provided in subsection (2) of
this section, - } Every beverage container sold { + at
retail + } or offered for { + retail + } sale { + to a
consumer + } in this state shall have { + a deposit value of 13
cents and + } a refund value of { - not less than five - }
{ + 10 + } cents.
{ - (2) Every beverage container certified as provided in ORS
459A.725, sold or offered for sale in this state, shall have a
refund value of not less than two cents. - }
SECTION 16. ORS 459A.710 is amended to read:
459A.710. Except as provided in ORS 459A.715:
(1) A dealer { - shall - } { + may + } not refuse to accept
from any person any empty beverage containers of the kind, size
and brand sold by the dealer, or refuse to pay to that person the
refund value of a beverage container as established by ORS
459A.705.
{ - (2) A distributor shall not refuse to accept from a
dealer any empty beverage containers of the kind, size and brand
sold by the distributor, or refuse to pay the dealer the refund
value of a beverage container as established by ORS 459A.705. - }
{ + (2) A redemption center may not refuse to accept from any
person any empty beverage container or refuse to pay to that
person the refund value of a beverage container as established by
ORS 459A.705. + }
SECTION 17. ORS 459A.715 is amended to read:
459A.715. (1) A dealer { + or redemption center + } may refuse
to accept from any person { - , and a distributor may refuse to
accept from a dealer, - } any empty beverage container that does
not state thereon a refund value as established by ORS 459A.705.
(2) A dealer may refuse to accept and to pay the refund value
of:
(a) Empty beverage containers if the place of business of the
dealer { - and the kind and brand of empty beverage containers
are included in an order of the Oregon Liquor Control Commission
approving a redemption center under ORS 459A.735 - } { + is
located within the redemption convenience zone of a redemption
center as established in section 27 of this 2007 Act + }.
(b) Any beverage container visibly containing or contaminated
by a substance other than water, residue of the original contents
or ordinary dust.
(c) More than 144 individual beverage containers returned by
any one person during one day.
(d) Any beverage container that is damaged to the extent that
the brand appearing on the container cannot be identified.
{ + (3) A redemption center may refuse to accept and to pay
the refund value of any beverage container visibly containing or
contaminated by a substance other than water, residue of the
original contents or ordinary dust. + }
{ - (3) - } { + (4) + } In order to refuse containers under
subsection (2)(b), (c) or (d) of this section, the dealer must
post in each area where containers are received a clearly visible
and legible sign containing the following information:
_________________________________________________________________
NOTICE:
Oregon Law allows a dealer to refuse to accept:
1. Beverage containers visibly containing or contaminated by a
substance other than water, residue of the original contents or
ordinary dust;
2. More than 144 individual beverage containers from any one
person during one day; or
3. Beverage containers that are damaged to the extent that the
brand appearing on the container cannot be identified.
_________________________________________________________________
SECTION 18. ORS 459A.720 is amended to read:
459A.720. (1) Every beverage container sold or offered for sale
in this state by a dealer shall clearly indicate by embossing or
by a stamp, or by a label or other method securely affixed to the
beverage container, the { + deposit and + } refund value of the
container.
{ - (2) Subsection (1) of this section shall not apply to
glass beverage containers designed for beverages having a brand
name permanently marked thereon which, on October 1, 1972, had a
refund value of not less than five cents. - }
{ - (3) - } { + (2) + } { - No person shall - } { + A
person may not + } sell or offer for sale at retail in this state
any metal beverage container so designed and constructed that a
part of the container is detachable in opening the container
without the aid of a can opener.
{ - (4) - } { + (3) + } { - On or after March 1, 1979, no
person shall - } { + A person may not + } sell or offer for
sale at retail in this state, in addition to beverages as defined
in ORS 459A.700 (1), any beverage in liquid form intended for
human consumption in any beverage container so designed and
constructed that a metal part of the container is detachable in
opening the container through use of a metal ring or tab without
the aid of a can opener. However, nothing in this subsection
shall prohibit the sale of a container the only detachable part
of which is a piece of pressure sensitive tape.
{ - (5) - } { + (4) + } { - No person shall - } { + A
person may not + } sell or offer for sale at retail in this state
metal beverage containers connected to each other by a separate
holding device constructed of plastic rings or other material
{ - which - } { + that + } will not decompose by
photobiodegradation, chemical degradation, or biodegradation
within 120 days of disposal.
SECTION 19. ORS 459A.735 is amended to read:
459A.735. (1) To facilitate the return of empty beverage
containers and to serve dealers of beverages, any person may
establish a redemption center, subject to the approval of the
{ - Oregon Liquor Control Commission - } { + Beverage Product
Stewardship Board + }, at which any person may return empty
beverage containers and receive payment of the refund value of
such beverage containers.
(2) Application for approval of a redemption center shall be
filed with the { - commission - } { + board + }. The
application shall state the name and address of the person
responsible for the establishment and operation of the redemption
center { - , the kind and brand names of the beverage containers
which will be accepted at the redemption center - } and the
names and addresses of the dealers { - to be served by the
redemption center - } { + within a one-mile radius of the
proposed center + }. The application shall include such
additional information as the { - commission - }
{ + board + } may require.
{ - (3) The commission shall approve a redemption center if
it finds the redemption center will provide a convenient service
to persons for the return of empty beverage containers. The order
of the commission approving a redemption center shall state the
dealers to be served by the redemption center and the kind and
brand names of empty beverage containers which the redemption
center must accept. The order may contain such other provisions
to insure the redemption center will provide a convenient service
to the public as the commission may determine. - }
{ + (3) The board may approve and certify a redemption center
if the board finds that the redemption center:
(a) Will provide a convenient service to persons for the return
of empty beverage containers;
(b) Submits a plan of operation that is approved by the board;
(c) Agrees to comply with all requirements of the board
pertaining to siting, location, maintenance, hours and types of
recycling allowed; and
(d) Agrees to comply with all auditing and financial
obligations established by rule by the board. + }
(4) The { - commission - } { + board + } may review at any
time approval of a redemption center. After written notice to the
person responsible for the establishment and operation of the
redemption center, and to the dealers served by the redemption
center, the
{ - commission - } { + board + } may, after hearing,
{ - withdraw approval of - } { + decertify + } a redemption
center if the { - commission - } { + board + } finds there
has not been compliance with its order approving the redemption
center, or if the redemption center no longer provides a
convenient service to the public.
{ + (5) Nothing in this section prohibits a dealer from
applying for certification as a redemption center. + }
SECTION 20. ORS 459A.740 is amended to read:
459A.740. The procedures for certification or
{ - withdrawal - } { + decertification + } provided for in ORS
{ - 459A.725 to - } 459A.735 shall be in accordance with ORS
chapter 183.
SECTION 21. ORS 459.992 is amended to read:
459.992. (1) The following are Class A misdemeanors:
(a) Violation of rules or ordinances adopted under ORS 459.005
to 459.105 and 459.205 to 459.385.
(b) Violation of ORS 459.205.
(c) Violation of ORS 459.270.
(d) Violation of ORS 459A.080.
(e) Violation of ORS 459.272.
(2) Each day a violation referred to by subsection (1) of this
section continues constitutes a separate offense. Such separate
offenses may be joined in one indictment or complaint or
information in several counts.
{ - (3) Violation of ORS 459A.705, 459A.710 or 459A.720 is a
Class A misdemeanor. - }
{ - (4) In addition to the penalty prescribed by subsection
(3) of this section, the Oregon Liquor Control Commission or the
State Department of Agriculture may revoke or suspend the license
of any person who willfully violates ORS 459A.705, 459A.710 or
459A.720, who is required by ORS chapter 471 or 635,
respectively, to have a license. - }
SECTION 22. ORS 471.501 is amended to read:
471.501. Nothing in this chapter prevents a brewery licensed
under ORS 471.220 or a brewery-public house licensed under ORS
471.200 from establishing a refund value for malt beverage
containers under the provisions of ORS 459A.705 that is in excess
of { - five - } { + 10 + } cents per container for the
purpose of encouraging purchasers to return the containers
directly to the brewery or brewery-public house. A refund value
in excess of { - five - } { + 10 + } cents per container may
be paid under this section only to persons who are not licensed
under this chapter and who return the containers directly to the
brewery or brewery-public house.
SECTION 23. { + Sections 24 to 28 of this 2007 Act are added
to and made a part of ORS 459A.700 to 459A.740. + }
SECTION 24. { + (1) Each dealer shall pay to the Beverage
Product Stewardship Board an amount equal to the deposit value of
each beverage container sold by the dealer.
(2) Payment by the dealer shall be made on or before the 20th
day of the month following the month during which the beverage
container was sold.
(3) If the board is unable to collect the deposits owed under
this section, the board may request that the Director of the
Department of Revenue and the Department of Revenue have
authority to collect the deposits in the same manner provided for
the collection of income taxes by ORS chapters 305 and 314.
(4) The board may request tax information and financial records
necessary to perform audits and examinations to verify
deposit-related information submitted by dealers. All information
received pursuant to this subsection is confidential and exempt
from public disclosure under ORS 192.410 to 192.505.
(5) All moneys received by the board under this section shall
be deposited into the Beverage Product Deposit Fund established
in section 28 of this 2007 Act. + }
SECTION 25. { + (1) As used in this section, 'handling fee '
means an amount equal to 1.5 cents for each beverage container
handled by a dealer or redemption center.
(2) A dealer or redemption center that has paid the refund
value of a beverage container to a person returning a beverage
container to the dealer or redemption center may file a claim
with the Beverage Product Stewardship Board for a return of the
refund value plus a handling fee.
(3) A claim shall be filed on or before the 20th day of the
month following the month of payment of the refund value. The
claim shall contain the information and be in a form required by
the board by rule. The claim shall be substantiated by any
documentation or information that is required by the board. The
board may for good cause extend the time for making a claim under
this section. If a claim is not filed or if an extension is not
granted, a refund may not be paid by the board for the period in
question.
(4) Upon examination of a claim, the board may allow, adjust or
deny the claim. If the claim is allowed in whole or in part, the
board shall refund the amount allowed to the dealer or redemption
center that filed the claim. The claim shall be paid out of the
Beverage Product Deposit Fund established in section 28 of this
2007 Act.
(5) The board may request that the Director of the Department
of Revenue and the Department of Revenue have authority to
utilize the provisions of ORS chapters 305 and 314 relating to
audit and examination of returns, determinations of deficiencies,
assessments and claims for refund and the related procedures to
determine the accuracy and veracity of claims made under this
section. + }
SECTION 26. { + Claims for refund under section 25 of this
2007 Act may first be made with respect to beverage containers
for which a dealer or redemption center has paid the refund value
on or after January 1, 2008. + }
SECTION 27. { + (1) At the time the Beverage Product
Stewardship Board certifies a redemption center under ORS
459A.735, the board shall also establish the redemption
convenience zone for the redemption center. The zone shall
include the area within a one-mile radius of the redemption
center. However, if the board determines that the redemption
center:
(a) Has a capacity to conveniently serve an area outside the
one-mile radius of the redemption center, the board may enlarge
the zone.
(b) Has a limited capacity and cannot conveniently serve the
area within a one-mile radius of the redemption center, the board
may reduce the zone to the area that the redemption center can
serve.
(2) If a redemption convenience zone is modified under
subsection (1) of this section, the board shall notify each
dealer that may be affected by the enlargement or reduction of
the zone. + }
SECTION 28. { + (1) The Beverage Product Deposit Fund is
established in the State Treasury, separate and distinct from the
General Fund.
(2) The Beverage Product Deposit Fund shall consist of all
moneys appropriated to the Beverage Product Stewardship Board by
the Legislative Assembly and all moneys received by the board
from gifts, grants, bequests or endowments or pursuant to section
24 of this 2007 Act. Interest on the moneys in the fund shall be
credited to the fund.
(3) The moneys in the fund are continuously appropriated to the
board for the following purposes:
(a) Payment of beverage container refunds and handling fees
pursuant to section 25 of this 2007 Act.
(b) The promotion of market development activities for beverage
containers collected by redemption centers and dealers.
(c) Payment of administrative costs of the board. + }
SECTION 29. { + (1) Violation of any provision of ORS 459A.700
to 459A.740, or of any rule adopted by the Beverage Product
Stewardship Board under section 6 of this 2007 Act, is a Class A
violation.
(2) The board may apply to any circuit court for an order
compelling compliance with any rule adopted by the board under
section 6 of this 2007 Act. If the court finds that the defendant
is not complying with any rule so adopted, the court shall grant
an injunction requiring compliance. The court, on motion and
affidavits, may grant a preliminary injunction ex parte upon such
terms as are just. The board need not give security before the
issuance of any injunction under this section. + }
SECTION 30. { + (1) There is appropriated to the Beverage
Product Stewardship Board, for the biennium beginning July 1,
2007, out of the General Fund, the amount of $___ for the purpose
of carrying out the provisions of ORS 459A.700 to 459A.740.
(2) When the board determines that moneys in sufficient amounts
are available in the Beverage Product Deposit Fund established in
section 28 of this 2007 Act, but in no event later than June 30,
2010, the board shall reimburse the General Fund, without
interest, in an amount equal to the amount from the General Fund
appropriated and expended as provided in subsection (1) of this
section. The moneys used to reimburse the General Fund under this
subsection may not be considered as a budget item on which a
limitation is otherwise fixed by law, but shall be in addition to
any specific biennial appropriations or amounts authorized to be
expended from continuously appropriated moneys for any biennial
period. + }
SECTION 31. { + ORS 459A.725 and 459A.730 are repealed. + }
SECTION 32. { + Sections 1, 7 to 13 and 23 to 30 of this 2007
Act, the amendments to ORS 459.992, 459A.700, 459A.705, 459A.710,
459A.715, 459A.720, 459A.735, 459A.740 and 471.501 by sections 14
to 22 of this 2007 Act and the repeal of ORS 459A.725 and
459A.730 by section 31 of this 2007 Act become operative on
January 1, 2008. + }
SECTION 33. { + This 2007 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-fourth
Legislative Assembly adjourns sine die. + }
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