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 1996
Senate Bill 634
Sponsored by Senator BROWN, Representative BERGER; Senator
COURTNEY, Representative READ
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 Bottle Bill 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. Allows redemption center to
refuse to accept certain beverage containers. Requires
manufacturer to register labels with Bottle Bill Board and that
such labels bear Universal Product Code.
Requires manufacturer to send deposits for beverage containers
to board to be deposited in Bottle Bill Deposit Fund. Requires
manufacturer to pay handling fee to Bottle Bill Board. Creates
Bottle Bill Deposit Fund. Continuously appropriates moneys in
fund to board. Directs board to return refund value of beverage
container and handling fee to redemption center that pays refund
value to consumer.
Appropriates moneys to board from General Fund for initial
costs.
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; and appropriating money.
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 Bottle Bill 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:
(a) One member representing dealers;
(b) One member representing redemption centers;
(c) Two members representing solid waste, disposal or recycling
professionals;
(d) One member representing manufacturers;
(e) One member representing the Department of Environmental
Quality; and
(f) One member representing the public.
(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
Bottle Bill 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 Bottle Bill 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 Bottle Bill 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 Bottle Bill Board shall have the
following duties:
(a) Ensuring convenient opportunities for recycling beverage
containers in Oregon;
(b) Certifying redemption centers and establishing redemption
convenience zones;
(c) Administering the collection and return of beverage
container deposits and refunds;
(d) Promoting the development of markets for the recycling of
beverage containers; and
(e) Promoting education for the public about recycling and
litter reduction opportunities in Oregon.
(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.
(d) Setting handling fees paid by manufacturers pursuant to
section 25 of this 2007 Act. In setting handling fees the board
shall consider factors including, but not limited to, the
material type of the beverage container, the recycling rate for
each type of material and the costs associated with providing a
convenient service to persons for the return of beverage
containers.
(3) The board shall report biennially to the Legislative
Assembly on the operation of the recycling of beverage containers
in Oregon. + }
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 Bottle Bill Board. + }
SECTION 8. { + (1) The Oregon Liquor Control Commission shall:
(a) Deliver to the Bottle Bill 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 Bottle Bill Board those employees engaged
primarily in the exercise of the duties, functions and powers
transferred by section 7 of this 2007 Act.
(2) The Bottle Bill 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 Bottle Bill 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 Bottle Bill 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
Bottle Bill Board under this section. + }
SECTION 10. { + The transfer of duties, functions and powers
to the Bottle Bill 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 Bottle Bill
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 Bottle Bill 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 Bottle Bill Board. For the
purpose of succession to these rights and obligations, the Bottle
Bill 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 Bottle Bill 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
Bottle Bill Board or an officer or employee of the Bottle Bill
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 Bottle Bill Board or an
officer or employee of the Bottle Bill 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,
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 { + retail + } sale of beverages in
beverage containers to a consumer { - , or means a redemption
center certified under ORS 459A.735 - } .
{ - (6) - } { + (5) + } '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) - } { + (6) + } '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) - } { + (7) + } 'Manufacturer' means every person
bottling, canning or otherwise filling beverage containers for
sale to distributors { - or - } { + , + } dealers { + or
consumers in Oregon + }.
{ + (8) 'Redemption center' means a place that provides a
convenient service to persons for the return of empty beverage
containers. + }
{ - (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 10
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 - } { + redemption center may + }
not refuse to accept from any person any empty beverage
containers of the kind, size and brand sold by { - the - }
{ + a + } 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 must ensure that all empty
beverage containers for which it pays a beverage container refund
are recycled. + }
SECTION 17. ORS 459A.715 is amended to read:
459A.715. (1) A { - dealer - } { + 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 - } { + redemption center + } 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. - }
{ - (b) - } { + (a) + } Any beverage container visibly
containing or contaminated by a substance other than water,
residue of the original contents or ordinary dust.
{ - (c) - } { + (b) + } More than 144 individual beverage
containers returned by any one person during one day.
{ - (d) - } { + (c) + } Any beverage container that is
damaged to the extent that the brand appearing on the container
cannot be identified.
(3) In order to refuse containers under subsection
(2) { + (a), + } (b) { - , - } { + or + } (c) { - or
(d) - } of this section, the { - dealer - } { + redemption
center + } 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 - } { + redemption center + }
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.
_________________________________________________________________
{ + (4) If a dealer has not applied to the Bottle Bill Board
and received certification as a redemption center, a dealer must
post a clear and conspicuous sign of at least 10 inches by 15
inches at each public entrance to the dealer's place of business
that specifies the name and address of the nearest redemption
center. + }
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 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.
{ + (5)(a) A manufacturer shall register with the Bottle Bill
Board the different labels on beverage containers that the
manufacturer offers for sale in Oregon and for which the
manufacturer is required to obtain a deposit.
(b) The label on all beverage containers must bear a Universal
Product Code that is specific to the State of Oregon, in order to
identify the beverage container as offered for sale exclusively
in Oregon and as a means of preventing the refund of beverages
containers not purchased in Oregon.
(c) A manufacturer must register the labels on forms prescribed
by the Bottle Bill Board and the registration must include the
label of each combination of beverage and beverage container
offered for sale in Oregon by the manufacturer.
(d) A manufacturer must renew the registration for the label of
a beverage container if the label is revised by a change in the
Universal Product Code or if the container on which the label
appears is changed in size, composition or color. + }
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 - } { + Bottle Bill
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, or other
area as determined by the board, 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 manufacturer shall pay to the Bottle
Bill Board an amount equal to the deposit value of each beverage
container sold in Oregon.
(2) Payment by the manufacturer 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 manufacturers. 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 Bottle Bill Deposit Fund established in
section 28 of this 2007 Act. + }
SECTION 25. { + (1) As used in this section, 'handling fee '
means an amount that is separate from the deposit value of each
beverage container that the manufacturer pays to the Bottle Bill
Board pursuant to section 24 of this Act, that is paid by the
manufacturer to the Bottle Bill Board, not to exceed 3.5 cents
for each beverage container sold by the manufacturer in this
state.
(2) A redemption center that has paid the refund value of a
beverage container to a person returning a beverage container to
a redemption center may file a claim with the Bottle Bill Board
for a return of the refund value plus the handling fee set by the
board.
(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 redemption center
that filed the claim. The claim shall be paid out of the Bottle
Bill 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 redemption center has paid the refund value on or
after June 1, 2008. + }
SECTION 27. { + (1) At the time the Bottle Bill 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,
or other area as determined by the board, 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, or other area as determined by the board, 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, or other
area as determined by the board, 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 Bottle Bill Deposit Fund is
established in the State Treasury, separate and distinct from the
General Fund. + }
{ + (2) The Bottle Bill Deposit Fund shall consist of all
moneys appropriated to the Bottle Bill 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) Payment of administrative costs of the board.
(c) Payment to a nongovernmental entity to carry out the
purposes of ORS 459A.700 to 459A.740.
(d) Other uses determined by the Bottle Bill Board to be
necessary to carry out the purposes of ORS 459A.700 to
459A.740. + }
SECTION 29. { + (1) Violation of any provision of ORS 459A.700
to 459A.740, or of any rule adopted by the Bottle Bill 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 Bottle Bill
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 Bottle Bill 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 June
1, 2008. + }
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