2017 ORS 459A.012¹
Alternative recovery rate calculation methods
  • rules

(1)(a) The Environmental Quality Commission shall develop and adopt by rule a method for calculating recovery rates based on the rate of energy savings achieved by recovering materials from the general solid waste stream. The calculation method must account for:

(A) The energy savings achieved from material recovery, as opposed to material disposal;

(B) Recovery of energy from waste, including methane recovery at landfills; and

(C) Energy saving practices implemented as part of local solid waste reduction, reuse and recycling programs or solid waste management programs, including but not limited to:

(i) Fuel, efficiency and other improvements involving waste collection vehicles;

(ii) Energy efficiency improvements at recycling and solid waste facilities; and

(iii) Production of energy from renewable sources at solid waste facilities through means other than recovery of energy from waste, such as the use of solar energy to produce electricity.

(b) A recovery rate of 100 percent under the calculation method is equivalent to the energy savings achieved if all materials in the general solid waste stream are directed to their optimal final destinations for purposes of the energy savings that can be achieved through the recovery of each type of material.

(2) Using the calculation method developed under subsection (1) of this section, the commission shall adopt by rule recovery goals consistent with the goals under ORS 459A.010 (Policy) (1) and (2).

(3)(a) The commission may develop and adopt by rule other methods for calculating recovery rates from the general solid waste stream that are based on achieving outcomes that result from waste recovery and management, and may include but are not limited to the following:

(A) Reductions in greenhouse gas emissions.

(B) Reductions in the emissions of toxic or potentially toxic chemicals.

(C) Water conservation.

(b) The commission may adopt by rule other outcome-based recovery goals consistent with the goals under ORS 459A.010 (Policy) (1) and (2) using outcome-based calculation methods developed under this subsection. [2015 c.534 §9]

Note: 459A.012 (Alternative recovery rate calculation methods) was added to and made a part of 459A.005 (“Opportunity to recycle” defined) to 459A.665 (Opportunity to recycle rigid plastic containers) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

(formerly 459.810 to 459.890)

Notes of Decisions

The “bottle bill” is a valid exercise of Oregon’s police power and is valid under the U.S. Constitu­tion and the Oregon Constitu­tion. Am. Can Co. v. Ore. Liquor Control Comm., 15 Or App 618, 517 P2d 691 (1973)

Atty. Gen. Opinions

Effect of constitu­tional pro­vi­sion requiring pay­ments based on govern­ment regula­tions restricting use of prop­erty, (2001) Vol 49, p 284

Law Review Cita­tions

53 OLR 479-482 (1974); 4 EL 419-427 (1974); 54 OLR 175 (1975)

(formerly 459.165 to 459.200)

Law Review Cita­tions

15 EL 387 (1985)

1 Legislative Counsel Committee, CHAPTER 459A—Reuse and Recycling, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors459A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 459A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano459A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.