2017 ORS 459A.842¹
Reports by stewardship organizations

(1) No later than April 1 of each year, a stewardship organization must submit an annual report to the Director of the Department of Environmental Quality describing the operation during the prior calendar year of an architectural paint stewardship program approved by the director under ORS 459A.832 (Approval or denial of new or updated plans for architectural paint stewardship programs). At a minimum, the report must contain:

(a) A description of the methods used to collect, transport, recycle and process post-consumer architectural paint in this state;

(b) A calculation of the total volume in gallons of post-consumer architectural paint collected by the program, categorized by latex, alkyd and any other type of paint;

(c) For each permanent collection site and collection event under the program:

(A) A calculation of the total volume in gallons of post-consumer architectural paint collected at the site or event;

(B) The address or, if no address is available, the physical location of the site or event; and

(C) A description of whether the site or event is:

(i) A permanent collection site located at a retailer;

(ii) A permanent collection site or collection event for the program located within the local solid waste collection infrastructure; or

(iii) A collection event promoted and paid for by a stewardship organization;

(d) An estimate of the total weight and disposition of all paint containers collected by the program;

(e) The total volume of post-consumer architectural paint collected under the program, categorized by method of disposition, including reuse, recycling, energy recovery and disposal;

(f) The data, conversion factors and any changes from prior years in the methodology used to complete the analysis required to comply with paragraphs (b) to (e) of this subsection;

(g) An independent financial audit of the program;

(h) A description of program revenues and costs for the prior year that follows the budget requirements provided in ORS 459A.827 (Plan for architectural paint stewardship program) and that further describes:

(A) The total cost of the program during the prior year calculated as a per capita amount for each resident of this state;

(B) The cost per gallon of the program during the prior year;

(C) The use by the stewardship organization of any revenues from the program during the past year that exceeded the total costs of the program, including a description of the amount held by the stewardship organization in unallocated reserve funds at the end of the reporting period; and

(D) If requested by the director, any additional budgetary information necessary for the director to determine whether the stewardship organization must amend the plan under ORS 459A.835 (Approval for amendment or update to plan for architectural paint stewardship program) (1)(d);

(i) An updated budget for the next calendar year that follows the budget requirements provided in ORS 459A.827 (Plan for architectural paint stewardship program);

(j) An evaluation of the operation of the program’s funding mechanism;

(k) Samples of educational and outreach materials provided to consumers of architectural paint, an evaluation of the methods used to disseminate those materials and an assessment of the effectiveness of the education and outreach, including levels of waste prevention and reuse;

(L) Documentation of compliance with the requirements of ORS 459A.827 (Plan for architectural paint stewardship program) (2)(b) and 459A.830 (Collection system for post-consumer architectural paint);

(m) A description of the activities undertaken to achieve, and the progress made toward achieving, the program goals as provided for in the program plan; and

(n) Notification to the director of any additional proposed changes to the operation of the program for the following calendar year, or a statement that the stewardship organization intends to continue to implement the program in the manner approved by the director under ORS 459A.832 (Approval or denial of new or updated plans for architectural paint stewardship programs).

(2) No later than June 15 of each year, the director shall meet with interested stakeholders to review the annual reports submitted to the director under this section. The director shall post to the website maintained by the Department of Environmental Quality a copy of the minutes of the meeting within 30 days of the date of the meeting. [2009 c.777 §6; 2013 c.677 §8]

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.