75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1001
A-Engrossed
House Bill 2184
Ordered by the House April 7
Including House Amendments dated April 7
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Environmental Quality)
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.
Establishes goal for beverage container return rate. Changes
definition of 'beverage.' Authorizes Oregon Liquor Control
Commission to establish standards for redemption of beverage
containers. Requires Department of Environmental Quality to
report to Seventy-ninth Legislative Assembly on certain matters
related to beverage containers. Increases refund value for
beverage containers { + upon department's determination that
less than 80 percent of containers have been returned during
previous calendar year + }. { + Requires dealers served by
redemption centers to accept for refund at dealer's location
certain amount of beverage containers. + }
A BILL FOR AN ACT
Relating to beverage containers; creating new provisions; and
amending ORS 459A.700, 459A.705, 459A.735 and 471.501.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Legislative Assembly establishes an
annual beverage container return rate goal of at least 80 percent
to be achieved no later than calendar year 2015 and every year
thereafter.
(2) The Department of Environmental Quality shall determine the
beverage container return rate for each calendar year by dividing
the number of beverage containers sold in Oregon by the number of
beverage containers returned for the refund value specified in
ORS 459A.705. + }
SECTION 2. ORS 459A.700, as amended by section 1, chapter 303,
Oregon Laws 2007, 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 { + any of the following in liquid form
and intended for human consumption:
(a) + } Water and flavored water { - , - } { + ;
(b) + } Beer or other malt beverages { - and - } { + ;
(c) + } Mineral waters, soda water and similar carbonated soft
drinks { - in liquid form and intended for human
consumption - } { + ; and
(d) Sports drinks, coffee, tea, juice and similar noncarbonated
drinks + }.
(2)(a) 'Beverage container' means an individual, separate,
sealed glass, metal or plastic bottle or can containing a
beverage in a quantity less than or equal to three fluid liters.
(b) 'Beverage container' does not include cartons, foil pouches
and drink boxes.
(3) 'Commission' means the Oregon Liquor Control Commission.
(4) 'Consumer' means every person who purchases a beverage in a
beverage container for use or consumption.
(5) '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) 'Importer' means any dealer or manufacturer who directly
imports beverage containers into this state.
(8) '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.
(9) 'Manufacturer' means every person bottling, canning or
otherwise filling beverage containers for sale to distributors,
importers or dealers.
(10) 'Place of business of a dealer' means the location at
which a dealer sells or offers for sale beverages in beverage
containers to consumers.
(11) '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.
(12) 'Water and flavored water' means any beverage identified
through the use of letters, words or symbols on its product label
as a type of water.
SECTION 3. ORS 459A.705 is amended to read:
459A.705. (1) Except as provided in subsection { - (2) - }
{ + (3) + } of this section, every beverage container sold or
offered for sale in this state shall have a refund value of not
less than five cents.
{ + (2) Notwithstanding subsection (1) of this section, if
the Department of Environmental Quality determines pursuant to
section 1 of this 2009 Act that in the previous calendar year the
annual beverage container return rate is not at least 80 percent,
every beverage container sold or offered for sale in this state
on or after January 1 of the calendar year next following the
calendar year in which the determination is made shall have a
refund value of not less than 10 cents. Once the refund value
increases under the provisions of this subsection, it shall
remain at not less than 10 cents. + }
{ - (2) - } { + (3) + } 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 4. 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 { + in excess of the amount specified + } under the
provisions of ORS 459A.705 { - that is in excess of five
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
cents - } { + the amount specified under ORS 459A.705 + } 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 4a. ORS 459A.735, as amended by section 5, chapter 303,
Oregon Laws 2007, 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, 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. The application shall state the name
and address of the person responsible for the establishment and
operation of the redemption center, the kind of beverage
containers that will be accepted at the redemption center and the
names and addresses of the dealers to be served by the redemption
center. The application shall include such additional information
as the commission 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 - }
{ + must + } state the dealers to be served by the redemption
center and the kind of empty beverage containers that the
redemption center must accept. { + The order must require each
dealer served by the redemption center to accept for refund at
least 24 empty beverage containers per person per day at the
dealer's location. + } The order may contain such other
provisions to ensure the redemption center will provide a
convenient service to the public as the commission may determine.
(4) The commission 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
may, after hearing, withdraw approval of a redemption center if
the commission 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.
SECTION 5. { + (1) The Oregon Liquor Control Commission may
establish standards for the redemption of beverage containers by
dealers.
(2) The commission shall appoint an advisory committee to
provide input and recommendations to the commission in regard to
the redemption of beverage containers. + }
SECTION 6. { + The Oregon Liquor Control Commission may adopt
rules as necessary to implement section 5 of this 2009 Act. + }
SECTION 7. { + The Department of Environmental Quality, in
consultation with dealers, distributors, manufacturers and the
Oregon Liquor Control Commission, shall report to the
Seventy-ninth Legislative Assembly, no later than February 1,
2017, in the manner provided in ORS 192.245 regarding:
(1) Annual beverage container return rates;
(2) Success in achieving the annual beverage container return
rate goal established by section 1 of this 2009 Act;
(3) Whether a state-run redemption center system is necessary;
(4) Collecting and utilizing the refund value of beverage
containers that are not returned; and
(5) Any other recommendations to help improve the return of
beverage containers in this state. + }
SECTION 8. { + Sections 1, 5 and 6 of this 2009 Act are added
to and made a part of ORS 459A.700 to 459A.740. + }
SECTION 9. { + (1) The amendments to ORS 459A.700 by section 2
of this 2009 Act become operative January 1, 2013. + }
{ + (2) The amendments to ORS 459A.705 and 471.501 by
sections 3 and 4 of this 2009 Act become operative January 1,
2016. + }
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