2021 Oregon Revised Statutes
Chapter 459A - Reuse and Recycling
Section 459A.975 - Rules.

(Development of Recommendations on
Producer Responsibility Requirements)
Note: Sections 26, 26a, 36, 43a, 44a and 58 (2) to (4), chapter 681, Oregon Laws 2021, provide:
Sec. 26. Evaluation of federal laws. (1) The Department of Environmental Quality shall evaluate any federal law that establishes a national program for the collection and recycling of paper products or packaging.
(2) If the department determines that the federal law substantially meets or exceeds the requirements and intent of sections 1 to 43 of this 2021 Act [459A.860 to 459A.975], the department shall include information on the federal law in a report to the Legislative Assembly. [2021 c.681 §26]
Sec. 26a. Litter and marine debris cleanup and prevention needs assessment. (1) The Department of Environmental Quality shall conduct a statewide needs assessment to identify the contribution of different types of covered products to litter and marine debris in Oregon, the general locations where litter and marine debris prevention and cleanup of covered products is needed, and the extent to which litter and marine debris prevention and cleanup is needed.
(2) The needs assessment may include recommendations for adding litter and marine debris cleanup and prevention to the responsibilities of producer responsibility organizations and recommendations for funding such responsibilities. If the needs assessment does not include recommendations for adding new responsibilities for producer responsibility organizations, the report required under subsection (4) of this section must include an explanation of why such responsibilities are not needed to address the issue of litter and marine debris.
(3) In conducting the needs assessment, the Department of Environmental Quality shall consult with local governments, the Department of Transportation, the State Parks and Recreation Department, producer responsibility organizations and the Oregon Recycling System Advisory Council.
(4) The Department of Environmental Quality shall provide a written report on its findings and recommendations for legislation, in the manner provided by ORS 192.245, to the interim committees of the Legislative Assembly related to the environment no later than September 15, 2026. [2021 c.681 §26a]
Sec. 36. Truth in Labeling Task Force. (1) The Truth in Labeling Task Force is established.
(2) The task force consists of 15 members appointed as follows:
(a) The President of the Senate shall appoint one member from among members of the Senate.
(b) The Speaker of the House of Representatives shall appoint one member from among members of the House of Representatives.
(c) The Governor shall appoint:
(A) Five members to represent producers.
(B) Three members to represent local governments of different population sizes and geographic locations in this state.
(C) Four members to represent the recycling industry, including local governments’ service providers and processors from different population sizes and geographic locations in this state.
(D) One member to represent the interests of environmental organizations.
(3) The task force shall study and evaluate misleading or confusing claims regarding the recyclability of products made on a product or product packaging. The study must include consideration of issues affecting accessibility for diverse audiences.
(4) A majority of the voting members of the task force constitutes a quorum for the transaction of business.
(5) Official action by the task force requires the approval of a majority of the voting members of the task force.
(6) The task force shall elect one of its members to serve as chairperson.
(7) If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective.
(8) The task force shall meet at times and places specified by the call of the chairperson or of a majority of the voting members of the task force.
(9) The task force may meet using video conferencing technology or through some other electronic or virtual means.
(10) The task force may adopt rules necessary for the operation of the task force.
(11) The task force shall submit a final report and recommendations for legislation in the manner provided by ORS 192.245 to the interim committees of the Legislative Assembly related to the environment no later than June 1, 2022.
(12) The Department of Environmental Quality shall provide staff support to the task force.
(13) Members of the Legislative Assembly appointed to the task force are nonvoting members of the task force and may act in an advisory capacity only.
(14) Members of the task force who are not members of the Legislative Assembly are not entitled to compensation or reimbursement for expenses and serve as volunteers on the task force.
(15) All agencies of state government, as defined in ORS 174.111, are directed to assist the task force in the performance of the duties of the task force and, to the extent permitted by laws relating to confidentiality, to furnish information and advice the members of the task force consider necessary to perform their duties. [2021 c.681 §36]
Sec. 44a. Compostability study. (1) The Department of Environmental Quality shall study the compostability of covered products and the effects of covered products on composting systems. In conducting the study, the department shall:
(a) Examine the effects of covered products on compost facilities and finished compost;
(b) Consider trends, challenges, opportunities and relevant policies relating to composting and covered products;
(c) Consider the experience of compost facilities located in other states; and
(d) Develop recommendations for reducing environmental impacts while maintaining and enhancing the environmental and economic sustainability of Oregon’s compost industry.
(2) In conducting the study, the department shall consult with compost facilities serving Oregon, local governments, producer responsibility organizations serving Oregon and the Oregon Recycling System Advisory Council.
(3) The department shall submit a final report and recommendations for legislation, in the manner provided by ORS 192.245, to the interim committees of the Legislative Assembly related to the environment no later than December 15, 2026. [2021 c.681 §44a]
Sec. 58. (2) Section 36 of this 2021 Act is repealed on December 31, 2022.
(3) Section 26 of this 2021 Act is repealed on January 2, 2027.
(4) Section 26a of this 2021 Act is repealed on January 2, 2027. [2021 c.681 §58(2),(3),(4)]
Sec. 43a. Sections 1 to 43 of this 2021 Act [459A.860 to 459A.975] are added to and made a part of ORS chapter 459A. [2021 c.681 §43a]

Structure 2021 Oregon Revised Statutes