2017 ORS 459A.827¹
Plan for architectural paint stewardship program
  • requirements
  • exemptions
  • assessment

(1) A stewardship organization must submit a plan for a statewide architectural paint stewardship program to the Director of the Department of Environmental Quality for approval under ORS 459A.832 (Approval or denial of new or updated plans for architectural paint stewardship programs). The plan must address the requirements set forth in subsections (2) and (4) of this section.

(2) The plan must:

(a) Specify educational and outreach activities and materials that promote the architectural paint stewardship program. Educational and outreach materials must include, but are not limited to, signage, written materials and templates of materials for reproduction by retailers to be provided to the consumer at the time of sale. The materials must:

(A) Identify collection opportunities for post-consumer architectural paint;

(B) Explain the architectural paint stewardship assessment described in this section; and

(C) Promote:

(i) A reduction in the generation of post-consumer architectural paint; and

(ii) The reuse, recovery and recycling of post-consumer architectural paint.

(b) Specify activities related to the establishment and maintenance of a convenient system for the collection of post-consumer architectural paint as described in ORS 459A.830 (Collection system for post-consumer architectural paint).

(c) Establish and provide for the development and implementation of goals to reduce the generation of post-consumer architectural paint, including goals for:

(A) Reducing the amount of post-consumer architectural paint that is generated in this state;

(B) Increasing the recycling rate for latex paint; and

(C) Increasing public awareness of the architectural paint stewardship program.

(d) Promote the reuse of post-consumer architectural paint.

(e) Undertake the responsibility of negotiating and executing contracts to collect, transport, recycle and process post-consumer architectural paint for end-of-product-life management that includes recycling, energy recovery and disposal.

(f) Describe how the end-of-product-life management of post-consumer architectural paint that is collected under the program will use environmentally sound management practices that are consistent with ORS 459.015 (Policy) (2).

(g) Reflect compliance by the stewardship organization with ORS 459A.825 (Participation in architectural paint stewardship program).

(3) The director may exempt a stewardship organization from one or more of the activities specified in subsection (2) of this section if the director determines that the activity is impracticable or is unlikely to further the provisions of ORS 459A.820 (Findings) to 459A.855 (Product Stewardship Fund).

(4) In addition to the requirements specified in subsection (2) of this section, the plan must also:

(a) Identify each producer participating in the program.

(b) Identify the participating brands of architectural paint sold in this state.

(c) Identify the processors that manage the post-consumer architectural paint that is collected under the program.

(d) Identify the transporters of post-consumer architectural paint that is collected under the program.

(e) Include an anticipated annual operating budget for the program for the next four calendar years, beginning with the year in which the plan is submitted to the director, as described in subsection (5) of this section.

(f) Include a funding mechanism whereby each architectural paint producer remits to the stewardship organization payment of an architectural paint stewardship assessment for each container of architectural paint the producer sells in this state. The architectural paint stewardship assessment must be added to the cost of all architectural paint sold to Oregon retailers and distributors, and each Oregon retailer or distributor shall add the assessment to the purchase price of all architectural paint sold in this state. The architectural paint stewardship assessment may not be described as an Oregon recycling fee at the point of retail, and a fee may not be charged to the consumer at the point of collection of post-consumer architectural paint. To ensure that the funding mechanism is equitable and sustainable, a uniform architectural paint stewardship assessment must be established for all architectural paint sold in this state. The architectural paint stewardship assessment must be approved by the director as part of the plan and must be sufficient to recover, but not exceed, the costs of the architectural paint stewardship program.

(5) The budget required under subsection (4) of this section shall include, but not be limited to, budget line items relating to:

(a) The development and implementation of the educational and outreach activities and materials required under subsection (2)(a) of this section and the provision of information to retailers required under ORS 459A.825 (Participation in architectural paint stewardship program);

(b) The collection, transportation and processing of post-consumer architectural paint as part of the program;

(c) The administrative costs of the program to the stewardship organization;

(d) The anticipated amount of moneys that the stewardship organization will hold in unallocated reserve funds for the program;

(e) The administrative fees paid to the Department of Environmental Quality under ORS 459A.852 (Fees); and

(f) Any additional budgetary information requested by the director that is necessary for the director to approve the plan. [2009 c.777 §4; 2013 c.677 §3]

Note: Section 20, chapter 677, Oregon Laws 2013, provides:

Sec. 20. (1) Initial plans for statewide architectural paint stewardship programs under section 4, chapter 777, Oregon Laws 2009 [459A.827 (Plan for architectural paint stewardship program)], as amended by section 3 of this 2013 Act, must be submitted to the Director of the Department of Environmental Quality not later than January 1, 2014.

(2) A stewardship organization that submitted a plan for a statewide architectural paint stewardship pilot program to the director before the effective date of this 2013 Act [July 29, 2013], or that had a plan approved by the director before the effective date of this 2013 Act, must submit an updated plan under section 4, chapter 777, Oregon Laws 2009, as amended by section 3 of this 2013 Act, to the director not later than January 1, 2014.

(3) If requested by the director in writing, a stewardship organization that submitted an initial plan or an updated plan under subsection (1) or (2) of this section must submit a subsequent updated plan under section 4, chapter 777, Oregon Laws 2009, as amended by section 3 of this 2013 Act, to the director not later than January 1, 2018, and up to once every four years thereafter. [2013 c.677 §20]

Note: See note under 459A.820 (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.