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 2113
House Bill 3060
Sponsored by COMMITTEE ON ENVIRONMENT AND WATER
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.
Makes legislative findings regarding certain products.
Requires Department of Environmental Quality to collaborate with
certain parties to implement statewide system for rechargeable
batteries and lighting that contains mercury. Specifies selection
process for additional products to be covered in statewide
system. Specifies provisions for adoption of rules to implement
product stewardship programs for rechargeable batteries and
lighting that contains mercury. Requires producers of
rechargeable batteries and lighting that contains mercury to
establish product stewardship programs and product stewardship
plans and to submit annual written report to department. Requires
producers to establish annual performance goals.
Allows Environmental Quality Commission to adopt rules to
implement provisions related to rechargeable batteries and
lighting that contains mercury.
Allows Department of Environmental Quality to establish
schedule of fees to be paid by producers. Establishes Product
Stewardship Fund. Continuously appropriates moneys in fund to
department to pay costs of implementing provisions related to
rechargeable batteries and lighting that contains mercury.
Imposes civil penalty for disposal of, or knowingly accepting
for disposal, rechargeable batteries or lighting that contains
mercury. Imposes civil penalties for other violations of
provisions related to rechargeable batteries and lighting that
contains mercury.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to product stewardship; creating new provisions;
amending ORS 459.247 and 459.995; appropriating money; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
FINDINGS + }
SECTION 1. { + The Legislative Assembly finds that:
(1) It is in the best interest of this state for producers of
products sold in Oregon to take responsibility for reducing the
environmental and health impacts of a product over its life
cycle, from design to management after the end of a product's
useful life;
(2) It is in the best interest of this state to institute a
product stewardship system to encourage the design and
manufacture of products that are more resource-efficient, more
recyclable and less toxic and that result in less greenhouse gas
emissions; and
(3) It is in the best interest of this state for producers to
finance and manage programs within a statewide product
stewardship system that serves urban and rural areas in Oregon
and provides free, convenient opportunities for the collection,
transportation, recovery and safe management of discarded
products. + }
SECTION 2. { + As used in sections 2 to 15 of this 2009 Act:
(1) 'Brand' means a name, symbol, word or mark that identifies
a product and attributes the product to the owner of the brand as
the producer.
(2) 'Covered entity' means any person with a discarded product
covered by sections 2 to 15 of this 2009 Act.
(3) 'Discarded product' means a product no longer wanted by its
owner that is discarded or is intended to be discarded.
(4) 'Disposition rate' means quantitative measures that
establish on an annual basis the percentage of discarded products
that are recycled, reused or properly disposed of, including
being recovered for energy, relative to the total amount
collected or total amount collected per capita in a product
stewardship program.
(5) 'Environmentally sound management practices' means policies
as defined by rules adopted pursuant to section 3 of this 2009
Act that are implemented by a producer or a stewardship
organization to ensure compliance with applicable laws and that
address issues such as adequate record keeping, tracking and
documenting the fate of materials within this state and beyond,
on-site operations, security of facilities and materials, worker
health and safety requirements, environmental protection, closure
plans, adequate insurance and financial assurances.
(6) 'Historical product' means any product that is not
currently marketed or sold by the producer.
(7) 'Lighting that contains mercury' means lamps, bulbs, tubes,
or other devices that contain mercury and that provide functional
illumination in homes and businesses and outdoors
(8) 'Orphan product' means a product that lacks a brand, for
which the producer is no longer in business and has no successor
in interest or for which the Department of Environmental Quality
cannot identify a producer.
(9) 'Performance goal' means a metric established by a producer
or the Department of Environmental Quality to measure on an
annual basis the performance of a product stewardship program in
addressing recycling, reuse, safe disposal, environmental impacts
or health impacts related to a product.
(10) 'Person' means the United States, this state, a public or
private corporation, a local government unit, a public agency, an
individual, a partnership, an association, a firm, a trust, an
estate or another legal entity.
(11) 'Producer' means a person:
(a) Who manufactures a product and who sells, offers for sale
or distributes that product in Oregon under the manufacturer's
own name or brand;
(b) If paragraph (a) of this subsection does not apply, who is
not the manufacturer of the product but is the owner or licensee
of a trademark or brand under which a product is sold or
distributed in Oregon, whether or not the trademark is
registered; or
(c) If paragraphs (a) and (b) of this subsection do not apply,
who imports the product into Oregon for sale or distribution.
(12) 'Product' means:
(a) A single item or group of similar items specified in
section 6 of this 2009 Act; and
(b) Historical products and orphan products of the same type as
the items described in paragraph (a) of this subsection.
(13) 'Product goal' means any change in the design and
manufacture of a product that reduces or has the potential to
reduce environmental or health impacts.
(14) 'Product stewardship plan' means a statewide plan that
describes a program for the collection, transportation,
recycling, reuse and disposal of discarded products and any
related performance goals and product goals and that is developed
and provided for by a producer or group of producers.
(15) 'Product stewardship program' means a statewide program
financed and managed by a producer or group of producers that is
based on an approved product stewardship plan and that addresses
the environmental or health impacts of a product over the entire
life cycle of that product.
(16) 'Rechargeable battery' means a small, nonvehicular,
rechargeable nickel-cadmium, nickel metal hydride, lithium-ion or
sealed lead-acid battery, a battery pack containing these types
of batteries, or any other such dry-cell battery capable of being
recharged.
(17)(a) 'Recycling' means any process by which discarded
products, components and by-products are transformed into new,
usable or marketable materials in a manner in which the original
products may lose their identity.
(b) 'Recycling' does not include energy recovery or energy
generation by means of combusting discarded products, components
and by-products with or without other waste products.
(18) 'Retailer' means any person that offers new products for
sale at retail through any means, including but not limited to
remote offerings such as sales outlets, catalogs or the Internet.
(19) 'Reuse' means the return of a product into the economic
stream for use in the same kind of application as originally
intended, without a change in the product's identity.
(20) 'Sell' or 'sale' means any transfer of title for
consideration, including but not limited to remote sales
conducted through sales outlets, catalogs or the Internet or any
similar electronic means, but excluding lease arrangements.
(21) 'Statewide product stewardship system' means the statewide
system of product stewardship programs established and managed by
producers or stewardship organizations that are overseen by the
Department of Environmental Quality.
(22) 'Stewardship organization' means a corporation, nonprofit
or other legal entity appointed by a producer or group of
producers to act as an agent on behalf of the producer to
administer a product stewardship program. + }
{ +
RULES + }
SECTION 3. { + The Environmental Quality Commission may adopt
rules as necessary to implement sections 2 to 15 of this 2009
Act. + }
{ +
PRODUCT STEWARDSHIP + }
SECTION 4. { + (1) The Department of Environmental Quality
shall develop and implement a statewide product stewardship
system for:
(a) Rechargeable batteries; and
(b) Lighting that contains mercury. + }
{ + (2) In developing and implementing the statewide product
stewardship system under this section, the department shall
collaborate to the extent practicable with the federal
government, other states, state agencies, local governments,
producers, stewardship organizations, the retail industry,
nonprofits, the solid waste industry, environmental groups and
covered entities.
(3) To the extent practicable, the department shall consult and
coordinate with other states to achieve consistency in the
development and implementation of the statewide product
stewardship system. + }
{ +
PRODUCT SELECTION PROCESS + }
SECTION 5. { + (1) Every two years, after consultation with
the advisory committee established pursuant to subsection (8) of
this section, the Department of Environmental Quality may
identify a list of potential products that may be appropriate for
a product stewardship program. The department must hold at least
one public meeting where interested persons can provide comment
regarding the listing of potential products.
(2) Upon review of any public comment and any relevant
information and after consultation with the advisory committee,
the Department of Environmental Quality may select from the list
developed pursuant to subsection (1) of this section products for
further evaluation. The department may consider whether a
product's packaging should be included in this evaluation. These
products shall be evaluated based on the factors in subsection
(3) of this section.
(3) In evaluating a product, the Department of Environmental
Quality shall consider the following factors:
(a) Potential to reduce waste, toxicity, greenhouse gas
emissions or other environmental or health impacts;
(b) Potential to encourage product design or manufacture that
reduces environmental or health impacts;
(c) Current or potential contribution of the product to the
weight, volume or toxicity of the solid waste stream;
(d) Public demand or need for improved recycling, reuse or
disposal opportunities;
(e) Producer ability to manage the product through a product
stewardship program;
(f) Fiscal impacts to local governments, producers, retailers,
consumers and other affected parties of using a product
stewardship program to address the management of a product after
the end of the product's useful life; and
(g) Any other consideration relevant to the management of a
product under a product stewardship program.
(4) Based on the evaluation provided in subsections (2) and (3)
of this section and after consultation with the advisory
committee, the Department of Environmental Quality may recommend
products to the Environmental Quality Commission. Prior to
submitting recommendations to the commission, the department must
hold at least one public meeting and post recommendations on its
website for 30 days to allow for public comments.
(5) Products to be managed under a product stewardship program
as provided in sections 2 to 15 of this 2009 Act must be approved
by the Environmental Quality Commission and then included in a
report to the Legislative Assembly as described in subsection (6)
of this section. The commission may accept, reject or modify the
products as recommended by the Department of Environmental
Quality. The commission must determine that managing the product
through a product stewardship program serves the public interest.
The commission may not recommend more than two products in a
two-year period unless it determines that:
(a) The threat to the environment or public health warrants the
recommendation of additional products; or
(b) The products are of a similar class or type.
(6) Approved recommendations from the Environmental Quality
Commission must be submitted in a report to the Legislative
Assembly in the manner provided by ORS 192.245. The report must
include a description of the products, the basis for the product
recommendation and any other appropriate information.
(7) Only the products specified in section 6 of this 2009 Act
may be managed under a product stewardship program.
(8)(a) Prior to undertaking the process described in this
section, the Department of Environmental Quality shall appoint
and convene a standing advisory committee to provide technical
information and advice regarding the identification, evaluation
and recommendation of products. The committee must have at least
11 members and, at a minimum, one member must represent each of
the following groups:
(A) Producers;
(B) Local governments;
(C) Environmental groups;
(D) The solid waste industry; and
(E) The retail industry.
(b) To encourage coordination with other states, the department
may invite representatives from other states to participate in
the committee proceedings as nonmembers. + }
{ +
PRODUCTS + }
SECTION 6. { + The following products are covered by the
provisions of sections 2 to 15 of this 2009 Act:
(1) Rechargeable batteries.
(2) Lighting that contains mercury. + }
{ +
PRODUCT REGULATION + }
SECTION 7. { + (1) The Department of Environmental Quality
shall adopt product-specific rules to address the implementation
of product stewardship programs for the products specified in
section 6 of this 2009 Act.
(2)(a) Prior to adopting product-specific rules, the Department
of Environmental Quality shall appoint an advisory committee to
advise on the development of product-specific rules. The
committee shall have at least nine members and, at a minimum, one
member must represent each of the following groups:
(A) Producers;
(B) Local governments;
(C) Environmental groups;
(D) The solid waste industry;
(E) The retail industry; and
(F) Consumers or covered entities.
(b) To encourage coordination with other states, the department
may invite representatives from other states to participate in
the committee proceedings as nonmembers.
(3) Any product-specific rules developed and adopted pursuant
to this section shall address the following:
(a) Definition of covered entities;
(b) Environmentally sound management practices;
(c) Performance goals and product goals as provided in section
13 of this 2009 Act;
(d) The disposal ban as provided in ORS 459.247;
(e) Implementation date for the product stewardship program;
(f) Department of Environmental Quality's administrative fees;
and
(g) Any other requirement relevant to the management of a
product under a product stewardship program. + }
{ +
PRODUCT STEWARDSHIP PROGRAMS + }
SECTION 8. { + (1) Producers of products specified in section
6 of this 2009 Act for which rules are adopted pursuant to
section 7 of this 2009 Act shall establish product stewardship
programs for the products. Every producer shall:
(a) Operate, either individually or collectively with other
producers, a product stewardship program; or
(b) Enter into an agreement with one or more stewardship
organizations to operate, on the producer's behalf, a product
stewardship program.
(2) Product stewardship programs must be provided free of
charge to covered entities when a product is sold or when the
discarded products are delivered or collected for reuse,
recycling or disposal throughout the calendar year. Product
stewardship programs must accept any branded or unbranded product
as designated by the Legislative Assembly. All discarded products
collected for a program must be reused or recycled unless the
applicable product-specific rule provides that such products must
be properly disposed of. A program must meet or exceed the
requirements for the collection of products set forth in the
product stewardship plan required by section 9 of this 2009 Act.
(3) Producers must pay all administrative, operational and
capital costs associated with the product stewardship programs,
including costs of collection, transportation, recycling, reuse
and disposal of the products and their components. Producers must
provide adequate insurance and financial assurances for operation
of the product stewardship programs.
(4) Product stewardship programs must meet or exceed the
environmentally sound management practices provided in the
applicable product-specific rules as well as any other applicable
federal, state or local requirements regarding the management of
the collected products.
(5) A producer may not sell or offer for sale in Oregon any
product unless the product or, where appropriate, the product
package or container is labeled with a brand that is permanently
affixed and readily visible and the brand is included in an
approved product stewardship plan.
(6) All product stewardship programs shall operate in
accordance with:
(a) The product stewardship plan as approved by the Department
of Environmental Quality; and
(b) Sections 2 to 15 of this 2009 Act and any applicable rules
adopted pursuant to sections 2 to 15 of this 2009 Act.
(7) Product stewardship programs shall include an education and
outreach component to promote the use of the program and to
inform covered entities of available collection options. This
information must be provided to covered entities, retailers and
other interested parties. + }
{ +
PRODUCT STEWARDSHIP PLANS + }
SECTION 9. { + (1) Producers must submit a product stewardship
plan to the Department of Environmental Quality that addresses
the following:
(a) Information about participating producers, including but
not limited to:
(A) Contact information for producers;
(B) Contact information for the individual or entity submitting
the plan;
(C) A description of any stewardship organization that operates
the product stewardship program; and
(D) Producers' products and associated brands covered by the
product stewardship program and product stewardship plan.
(b) Information on performance goals and product goals,
including but not limited to:
(A) A description of annual performance goals and, if
applicable, product goals; and
(B) Compliance with annual performance goals and, if
applicable, product goals.
(c) Collection system information, including but not limited
to:
(A) How the product stewardship program will be available,
convenient, accessible and free of charge for all covered
entities in urban and rural areas statewide; and
(B) How discarded products will be collected in all counties in
the state and all cities with populations of at least 10,000.
(d) Implementation of environmentally sound management
practices for the collection, transportation, recycling, reuse
and disposal of discarded products.
(e) Management of collected products, including but not limited
to:
(A) How the collected products will be recycled, reused or,
where required by the product-specific rules, properly disposed
of; and
(B) How all residuals that cannot be recycled or reused will be
properly managed.
(f) Financial information, including but not limited to:
(A) How the product stewardship program will be financed;
(B) The mechanism for securing and disbursing funds to cover
administrative, operational and capital costs; and
(C) Demonstration of adequate insurance and financial
assurances for collection, transportation, recycling, reuse or
disposal operations.
(g) Outreach and education to covered entities including, but
not limited to:
(A) How to use and access the product stewardship program; and
(B) How this information will be provided to collectors,
retailers and other interested parties.
(h) Public and stakeholder consultation, including but not
limited to:
(A) Opportunities for the public and other stakeholders to
comment on the product stewardship plan prior to submission; and
(B) Opportunities for the public and other stakeholders to
comment on the implementation and operation of the product
stewardship program.
(2) If the department determines that a proposed product
stewardship plan complies with sections 2 to 15 of this 2009 Act
and any applicable rules and is in the public interest, the
department shall approve the product stewardship plan.
(3) All product stewardship plans submitted and approved by the
department must be available to the general public through the
website of the producer or the stewardship organization.
(4) The department shall maintain a website listing of
producers and brands covered by approved product stewardship
plans and product stewardship programs, updated by the first day
of each month. + }
SECTION 10. { + (1) All product stewardship plans must be
submitted to the Department of Environmental Quality no later
than 120 days following the adoption of the applicable
product-specific rules, or no later than 120 days prior to the
sale or offer for sale of a product in Oregon.
(2) The department shall approve or reject the product
stewardship plan within 60 days of receiving the plan unless the
department requests additional information regarding the plan.
(3) If a product stewardship plan is rejected and the producer
wishes to submit a revised plan, the producer must do so within
60 days of the date of the letter of rejection.
(4) Product stewardship plans must be updated and submitted to
the department for review at least once every four years from the
date on which the plan is first approved or more frequently as
needed to ensure compliance with this 2009 Act.
(5) If a producer joins an approved product stewardship plan,
the producer must notify the Department of Environmental Quality
prior to selling or offering for sale any products in Oregon. + }
SECTION 11. { + (1) As of the implementation date established
by the applicable product-specific rule, a producer, retailer or
other person may not sell the product or offer the product for
sale to any person in this state unless the producer is
participating in an approved product stewardship program.
(2) A retailer or other person complies with the requirements
of this section if, on the date the product is ordered from the
producer or its agent, the website of the Department of
Environmental Quality lists the producer, along with the product
brand, as operating or participating in an approved product
stewardship program.
(3) At the time of sale to a consumer, a producer, retailer or
other person selling a product or offering a product for sale
must provide the consumer with information on where and how to
recycle or dispose of the product through a product stewardship
program. + }
SECTION 12. { + (1) A producer must annually prepare and
submit to the Department of Environmental Quality a written
report that describes how the product stewardship program was
implemented in accordance with sections 2 to 15 of this 2009 Act
and any applicable rules.
(2) The department may request that additional information be
submitted in order to verify any reported accomplishments under
the program. + }
{ +
PERFORMANCE GOALS + }
SECTION 13. { + (1)(a) A producer shall establish annual
performance goals for discarded products collected in a product
stewardship program. A producer shall establish reasonable annual
performance goals for the first four years of the program's
operation, provided that the goals include the following:
(A) Total amount collected or total amount collected per
capita;
(B) Collection rate; and
(C) Disposition rate.
(b) The Department of Environmental Quality shall establish the
appropriate metric to use in measuring annual performance goals
in the product-specific rule.
(2) Annual performance goals established by a producer for the
first four years of the operation of the product stewardship
program are not enforceable. However, a producer must establish,
measure and report on the goal. By the fifth year of the
operation of the product stewardship program for a product, the
Department of Environmental Quality shall establish an
enforceable annual performance goal. A producer must meet or
exceed this goal. Producers must continue to fully implement a
product stewardship program even after an enforceable annual
performance goal is achieved.
(3) A producer may establish product goals for products covered
by a product stewardship program. These goals must be specific to
the product and intended to achieve changes that result in a
reduction in environmental or health impacts. The Department of
Environmental Quality shall consider and make appropriate
adjustments for any product goal adopted and successfully
implemented that affects the ability of a producer to meet an
enforceable annual performance goal.
(4) Product goals are not enforceable. The Department of
Environmental Quality may provide incentives in the applicable
product-specific rules to those producers who establish and
implement product goals. + }
{ +
FEES + }
SECTION 14. { + The Department of Environmental Quality may
establish a schedule of fees to be paid by producers. Fees may be
established in amounts to recover, but not exceed, costs incurred
by the department in providing plan review, approval, program
development, oversight and compliance for the products for which
a producer is responsible. Fees collected by the department under
this section shall be deposited in the State Treasury to the
credit of the Product Stewardship Fund established under section
15 of this 2009 Act. + }
{ +
PRODUCT STEWARDSHIP FUND + }
SECTION 15. { + The Product Stewardship Fund is established,
separate and distinct from the General Fund. Interest earned by
the Product Stewardship Fund shall be credited to the fund.
Moneys in the fund are continuously appropriated to the
Department of Environmental Quality and may be used only to pay
the costs of implementing sections 2 to 15 of this 2009 Act. + }
{ +
DISPOSAL PROHIBITION + }
SECTION 16. ORS 459.247, as amended by section 15, chapter 302,
Oregon Laws 2007, 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;
(e) Lead-acid batteries; { - or - }
(f) Covered electronic devices { - . - } { + ; or
(g) Products. + }
(2) As used in this section:
(a) 'Covered electronic device' has the meaning given that term
in ORS 459A.305; { - and - }
{ + (b) 'Product' has the meaning given that term in section
2 of this 2009 Act; and + }
{ - (b) - } { + (c) + } '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) { + or (g) + } 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 { + or products + }.
(5)(a) Each disposal site operator shall establish and
implement, in accordance with any permit requirements established
by the Department of Environmental Quality, a program reasonably
designed to prevent acceptance of covered electronic devices
{ + or products + } for disposal. If an operator operates the
disposal site in conformity with the program, the operator is
presumed to have complied with the provisions of this section
that prohibit knowingly accepting covered electronic devices
{ + or products + } for disposal.
(b) This section does not prevent the disposal site operator
from accepting and storing, for purposes of recycling, reusing or
refurbishing, covered electronic devices { + or products + }.
{ +
PENALTIES + }
SECTION 17. ORS 459.995, as amended by section 17, chapter 302,
Oregon Laws 2007, 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.310 to 459A.335, 459A.675 to 459A.685 or 646A.080 { + or
sections 2 to 15 of this 2009 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) { + or (g) + } shall incur a civil penalty not to exceed
$500 for each violation. Each covered electronic device { + or
each product, as defined in section 2 of this 2009 Act, + } 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.
{ +
REPORT TO THE LEGISLATIVE ASSEMBLY + }
SECTION 18. { + The Department of Environmental Quality shall
submit a report regarding the status of the statewide product
stewardship system described in section 4 of this 2009 Act,
including any recommendations for legislation, to the appropriate
interim committee of the Legislative Assembly related to the
environment and natural resources on or before November 1,
2014. + }
{ +
MISCELLANEOUS + }
SECTION 19. { + The unit captions used in this 2009 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 2009 Act. + }
SECTION 20. { + The Department of Environmental Quality shall
evaluate any federal law that establishes a national program to
manage any products specified in section 6 of this 2009 Act
through a product stewardship approach. If the department
determines that the federal law substantially meets or exceeds
the requirements and intent of sections 2 to 15 of this 2009 Act,
the department shall include information on the federal law in a
report, in the manner provided by ORS 192.245, to the session of
the Legislative Assembly that next follows enactment of the
federal law. + }
SECTION 21. { + Sections 2 to 15 of this 2009 Act do not
supersede any authority under ORS chapter 459 or 459A for cities
and counties to regulate the collection of solid waste. + }
SECTION 22. { + Except as provided in section 23 of this 2009
Act, sections 1 to 15, 18, 20 and 21 of this 2009 Act and the
amendments to ORS 459.247 and 459.995 by sections 16 and 17 of
this 2009 Act become operative on July 1, 2011. + }
SECTION 23. { + The Environmental Quality Commission may adopt
rules before the operative date specified in section 22 of this
2009 Act or take any action before that date that is necessary to
carry out the provisions of sections 1 to 15, 18, 20 and 21 of
this 2009 Act and the amendments to ORS 459.247 and 459.995 by
sections 16 and 17 of this 2009 Act. + }
SECTION 24. { + No later than January 1, 2012, the Department
of Environmental Quality shall develop and implement the
statewide product stewardship system described in section 4 of
this 2009 Act. + }
SECTION 25. { + This 2009 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2009 Act takes effect on
its passage. + }
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