2017 ORS 459A.835¹
Approval for amendment or update to plan for architectural paint stewardship program

(1) A stewardship organization must submit to the Director of the Department of Environmental Quality for approval an amendment to a plan or updated plan that has been approved by the director under ORS 459A.832 (Approval or denial of new or updated plans for architectural paint stewardship programs) if, at any time:

(a) The stewardship organization makes a change to the architectural paint stewardship assessment that was approved by the director as part of the plan;

(b) The stewardship organization makes a change to the types of post-consumer architectural paint that will be collected by the stewardship organization under the plan;

(c) The stewardship organization makes a change to the goals that were approved by the director as part of the plan; or

(d) The director requests an amendment to the plan in order to address a specific finding by the director that:

(A) The administrative costs to the stewardship organization for the architectural paint stewardship program equaled 20 percent or more of the organization’s total annual budget for the program during the prior calendar year;

(B) The cost per gallon of the program during the prior calendar year was 10 or more percent higher than the preceding calendar year;

(C) The unallocated reserve funds held by the stewardship organization for the program during the prior calendar year equaled 35 percent or more of the total annual budget for the program during the year;

(D) The total volume, in gallons, of post-consumer architectural paint collected as part of the program during the prior calendar year was 10 or more percent lower than the preceding calendar year; or

(E) The recycling rate for the program during the prior calendar year was 10 or more percent lower than the preceding calendar year.

(2) A stewardship organization must submit an amendment under subsection (1) of this section within 120 days after the date of the change by the stewardship organization or the date of the request by the director. [2013 c.677 §5]

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.