2017 ORS 459A.322¹
Recycling credits
  • reporting
  • rules

(1) A manufacturer program or a state contractor program that collects, transports and recycles covered electronic devices in an amount that exceeds the program’s return share by weight for a calendar year may claim recycling credits for use in succeeding calendar years as follows:

(a) A program may claim one recycling credit for each pound of covered electronic devices collected, transported and recycled in excess of the program’s return share by weight for a calendar year;

(b) A program may retain all or part of its recycling credits or may sell any portion of its recycling credits to another program at a price negotiated by the parties;

(c) A manufacturer program may use recycling credits earned or purchased to meet up to 15 percent of its return share by weight during any calendar year. One recycling credit may be used to meet one pound of return share by weight; and

(d) By rule, the Environmental Quality Commission may change the percentage of the return share by weight specified in paragraph (c) of this subsection.

(2) A manufacturer program must include the following information on recycling credits in its annual report to the Department of Environmental Quality required by ORS 459A.320 (Manufacturer program plan) (3)(e):

(a) The number of recycling credits the manufacturer program possessed at the beginning of the previous calendar year.

(b) The total number of recycling credits the manufacturer program purchased and sold during the previous calendar year, the names of the programs from which recycling credits were purchased or to which recycling credits were sold and the number of recycling credits purchased from or sold to each program.

(c) The number of recycling credits the manufacturer program used to meet its return share by weight for the previous calendar year.

(d) The number of recycling credits the manufacturer program is claiming from the previous calendar year. This number is the difference between the total weight of covered electronic devices that the manufacturer program collected, transported and recycled during the previous calendar year and the program’s return share by weight for the previous calendar year. [2011 c.548 §2]

Note: See note under 459A.300 (Legislative findings).

(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.