2021 Oregon Revised Statutes
Chapter 459A - Reuse and Recycling
Section 459A.899 - Oregon Recycling System Advisory Council.


(2) The council consists of 19 members appointed as follows:
(a) The President of the Senate shall appoint one member from among the members of the Senate, and the Speaker of the House of Representatives shall appoint one member from among members of the House of Representatives, but the members appointed under this paragraph may not be from the same political party.
(b) The Governor shall appoint 17 members as follows:
(A) Four representatives of local governments;
(B) Two representatives of community-based organizations representing the interests of historically underserved groups;
(C) One owner or operator of a small business that is not eligible for representation under subparagraph (E) or (F) of this paragraph;
(D) Two representatives of environmental nonprofit organizations;
(E) Four representatives of the recycling industry, including local governments’ service providers, processors or material end users; and
(F) Four representatives of producers of covered products or producer trade associations or suppliers. Any members appointed to the council under this subparagraph that are producers of covered products shall belong to a producer responsibility organization and represent different industries.
(c) The Governor shall appoint members that reflect the geographic diversity of this state and the interests of both large and small communities.
(3)(a) The term of office of each member of the council is three years, but members who are not legislators serve at the pleasure of the Governor.
(b) Before the expiration of the term of a member, the appointing authority shall appoint a successor whose term begins on July 1 following the appointment. A member is eligible for reappointment.
(c) If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective for the unexpired term.
(4) A majority of the voting members of the council constitutes a quorum.
(5) The council shall elect one of its members to serve as chairperson and another to serve as vice chairperson, for the terms and with the duties and powers necessary for the performance of the functions of such offices as the council determines. The chairperson and vice chairperson may not both be members appointed under the same subparagraph of subsection (2)(b)(A) to (F) of this section.
(6) The council shall meet at least once every three months at times and places specified by the chairperson. The council also may meet at other times and places specified by the call of the chairperson or of a majority of the voting members of the council, as necessary, to carry out the duties of the council.
(7) The Department of Environmental Quality shall provide administrative and staff support and facilities as necessary for the council to carry out the duties of the council.
(8) A member of the council who is not a legislator is entitled to compensation and expenses in the manner and amounts provided for in ORS 292.495. Claims for compensation and expenses incurred in performing functions of the council shall be paid out of funds appropriated to the department for that purpose.
(9) Members of the Legislative Assembly that are appointed to the council are nonvoting members of the council and may act in an advisory capacity only.
(10) The council may adopt rules necessary for the operation of the council. [2021 c.681 §17]
Note: Section 64, chapter 681, Oregon Laws 2021, provides:
Sec. 64. Notwithstanding the term of office specified in section 17 of this 2021 Act [459A.899], of the members first appointed to the Oregon Recycling System Advisory Council by the Governor:
(1) Five shall serve for terms ending June 30, 2023.
(2) Six shall serve for terms ending June 30, 2024.
(3) Six shall serve for terms ending June 30, 2025. [2021 c.681 §64]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 13 - Housing, Games, Environment

Chapter 459A - Reuse and Recycling

Section 459A.005 - "Opportunity to recycle" defined.

Section 459A.007 - Opportunity to recycle program elements; local government fee.

Section 459A.008 - Expanded education and promotion program.

Section 459A.010 - Policy; statewide goals; recovery rates.

Section 459A.012 - Alternative recovery rate calculation methods; rules.

Section 459A.015 - Commission duties.

Section 459A.020 - Statewide integrated solid waste management plan; review; revision.

Section 459A.025 - Adoption of rules regarding waste disposal and recycling.

Section 459A.027 - Legislative findings.

Section 459A.029 - Provision of materials to local governments; commercial generator recovery rate goal.

Section 459A.035 - Solid waste composition study.

Section 459A.045 - Request for modification or variance.

Section 459A.050 - Recycling reports.

Section 459A.055 - Variance or request for extension to provide opportunity to recycle.

Section 459A.065 - Mandatory participation in recycling.

Section 459A.070 - Limitation on amount charged person who source separates recyclable material.

Section 459A.075 - Exemptions.

Section 459A.080 - Prohibitions against removing or mixing recyclable material; rules.

Section 459A.085 - City, county authority to issue collection service franchises; opportunity to recycle; rates.

Section 459A.100 - Definitions for ORS 459A.100 to 459A.120.

Section 459A.105 - Policy.

Section 459A.110 - Additional fees for programs for reduction of waste and environmental risks; assessment.

Section 459A.120 - Use of additional fees.

Section 459A.125 - Maximum amount of additional fee; adjustments.

Section 459A.130 - Rebate of additional fee to economically distressed counties.

Section 459A.200 - Definitions.

Section 459A.203 - Requirement to participate in drug take-back program; rules; fines.

Section 459A.206 - Organization of program operator.

Section 459A.209 - Plan for drug take-back program; requirements; approval; updated plans.

Section 459A.212 - Changes to program; preapproval; notification; rules.

Section 459A.215 - Authorized collectors; rules.

Section 459A.218 - Drop-off sites; rules.

Section 459A.221 - Covered drug collection events.

Section 459A.224 - Disposal of covered drugs.

Section 459A.227 - Public awareness.

Section 459A.230 - Annual report.

Section 459A.233 - Costs of participation in drug take-back program.

Section 459A.236 - Inspection and audit.

Section 459A.239 - Enforcement; civil penalties.

Section 459A.242 - Fees.

Section 459A.245 - Secure Drug Take-Back Account.

Section 459A.248 - Liability.

Section 459A.251 - Application of antitrust laws.

Section 459A.254 - Confidentiality.

Section 459A.257 - Nonapplicability of Uniform Controlled Substances Act.

Section 459A.260 - State preemption of local laws.

Section 459A.263 - Interagency agreements.

Section 459A.266 - Rules.

Section 459A.300 - Legislative findings.

Section 459A.305 - Definitions for ORS 459A.305 to 459A.355.

Section 459A.310 - Applicability to manufacturers; applicability to reused or refurbished covered electronic devices; requirements for sale of covered electronic devices by manufacturers.

Section 459A.315 - Registration by manufacturer; fees.

Section 459A.320 - Manufacturer program plan; state contractor program.

Section 459A.322 - Recycling credits; reporting; rules.

Section 459A.325 - Recycling fee for manufacturer participating in state contractor program.

Section 459A.330 - Prohibition against charging fee for collection, transportation or recycling of covered electronic devices; exception.

Section 459A.335 - Requirements for sale of covered electronic devices by retailers; retailer’s duty to consumers regarding information about recycling covered electronic devices.

Section 459A.340 - Duties of department.

Section 459A.345 - Rules.

Section 459A.350 - Disposition of fees.

Section 459A.355 - Covered Electronic Devices Account; interest; uses.

Section 459A.360 - Evaluation by department of certain federal laws.

Section 459A.365 - City and county regulation of collection of solid waste.

Section 459A.475 - Legislative findings; policy.

Section 459A.480 - State agency recycling program; requirements; training.

Section 459A.485 - System and procedures for separation and collection of solid waste; rules; exemption.

Section 459A.490 - Paper conservation.

Section 459A.500 - Definitions for ORS 459A.500 to 459A.520.

Section 459A.505 - Minimum recycled content for newsprint.

Section 459A.515 - Annual report to department; content.

Section 459A.520 - Minimum recycled content for directories.

Section 459A.550 - Report on use of new and recycled glass; minimum percentage of recycled glass required.

Section 459A.552 - Recycling and recovery of used oil; goal.

Section 459A.554 - Reduction, reuse and recovery of used oil.

Section 459A.555 - Definitions for ORS 459A.552 to 459A.599.

Section 459A.560 - Legislative findings.

Section 459A.565 - Used oil to be collected and recycled.

Section 459A.570 - Used oil information center; public education.

Section 459A.575 - Oil recycling information to be posted; rules.

Section 459A.580 - Prohibited disposal of used oil.

Section 459A.585 - Enforcement powers of commission.

Section 459A.590 - Use, management, disposal and resource recovery; rules.

Section 459A.595 - Use for dust suppression or as herbicide.

Section 459A.599 - Short title.

Section 459A.630 - Motor vehicle mercury light switches.

Section 459A.650 - Definitions for ORS 459A.650 to 459A.665.

Section 459A.655 - Minimum reuse, recycled material or recycled content for rigid plastic containers.

Section 459A.657 - Recycling rate; hearings on decreased rate.

Section 459A.660 - Manufacturer records; certification by package manufacturer; exempt containers.

Section 459A.700 - Definitions for ORS 459A.700 to 459A.744.

Section 459A.702 - Applicability of ORS 459A.700 to 459A.744.

Section 459A.705 - Refund value.

Section 459A.710 - Practices required of dealers and distributors.

Section 459A.711 - Space occupied by dealer described.

Section 459A.715 - Refusal of dealer or distributor to accept or pay refund in certain cases; notice.

Section 459A.717 - Civil penalties.

Section 459A.718 - Distributor cooperatives; requirements; beverage container registry; compliance; rules.

Section 459A.720 - Indication of refund value; exception; prohibition of certain metal containers and plastic container holders.

Section 459A.725 - Certification of containers as reusable by more than one manufacturer; rules.

Section 459A.730 - Decision upon certification applications; review and withdrawal of certifications.

Section 459A.735 - Full-service redemption centers; application for approval; contents of approval order; notice.

Section 459A.737 - Full-service redemption centers; registration; fees; rules.

Section 459A.738 - Convenience zones.

Section 459A.741 - Dealer redemption centers.

Section 459A.750 - Recycling and waste reduction component of curriculum; teacher’s guide; informational materials.

Section 459A.755 - Definitions.

Section 459A.757 - Prohibition on provision of certain checkout bags; exceptions.

Section 459A.759 - State preemption of certain local provisions.

Section 459A.775 - "State agency" defined.

Section 459A.780 - Prohibition against purchase or use of nonbiodegradable and nonrecyclable food packaging; exemptions.

Section 459A.785 - Effective recycling program; standards for determining.

Section 459A.820 - Findings.

Section 459A.822 - Definitions for ORS 459A.820 to 459A.855.

Section 459A.825 - Participation in architectural paint stewardship program.

Section 459A.827 - Plan for architectural paint stewardship program; requirements; exemptions; assessment.

Section 459A.830 - Collection system for post-consumer architectural paint; requirements; exemptions.

Section 459A.832 - Approval or denial of new or updated plans for architectural paint stewardship programs.

Section 459A.835 - Approval for amendment or update to plan for architectural paint stewardship program.

Section 459A.837 - Notification regarding changes to architectural paint stewardship program.

Section 459A.840 - Conduct authorized; supervision by Department of Environmental Quality; rules.

Section 459A.842 - Reports by stewardship organizations.

Section 459A.845 - Estimate by Department of Environmental Quality of total volume of post-consumer architectural paint collected.

Section 459A.847 - Data disclosure.

Section 459A.850 - Orders; actions.

Section 459A.852 - Fees.

Section 459A.855 - Product Stewardship Fund; sources; uses.

Section 459A.860 - Legislative findings.

Section 459A.863 - Definitions.

Section 459A.866 - Determining producers of covered products.

Section 459A.869 - Requirements for producers and producer responsibility organizations; rules.

Section 459A.872 - Exemptions; rules.

Section 459A.875 - Producer responsibility program plan.

Section 459A.878 - Approval of producer responsibility program plan.

Section 459A.881 - Producer responsibility program plan amendments.

Section 459A.884 - Membership fees charged by producer responsibility organization.

Section 459A.887 - Annual report; materials disposition report.

Section 459A.890 - Compensation to local governments; needs assessment; rules.

Section 459A.893 - Development of educational resources; promotional campaigns.

Section 459A.896 - Other duties of producer responsibility organization.

Section 459A.899 - Oregon Recycling System Advisory Council.

Section 459A.902 - Duties of council.

Section 459A.905 - Prohibition on delivery of commingled recyclables to certain facilities.

Section 459A.908 - Roll carts.

Section 459A.911 - Other duties of local governments.

Section 459A.914 - Uniform statewide collection list; producer-collected materials; rules.

Section 459A.917 - Specifically identified materials.

Section 459A.920 - Contamination management fee; rules.

Section 459A.923 - Processor commodity risk fee; rules.

Section 459A.926 - Recycling rate of plastic.

Section 459A.929 - Contamination reduction.

Section 459A.932 - Equity study.

Section 459A.935 - Multifamily housing needs assessment.

Section 459A.938 - Fees.

Section 459A.941 - Waste prevention and reuse; rules.

Section 459A.944 - Life cycle evaluation; rules.

Section 459A.955 - Permit required for commingled recycling processing facility; rules.

Section 459A.956 - Certification program.

Section 459A.959 - Contamination.

Section 459A.962 - Enforcement and record keeping.

Section 459A.965 - Prohibition on promoting acceptance of certain materials for composting; pilot programs.

Section 459A.975 - Rules.