2017 ORS 459A.847¹
Data disclosure

(1)(a) Except for the financial, cost, production or sales data and records specified in paragraph (b) of this subsection, the Department of Environmental Quality may not disclose any financial, cost, production or sales data and records of a stewardship organization, or of a specific producer, obtained by the department as part of the approval of a plan, or updated plan, for a statewide architectural paint stewardship program pursuant to ORS 459A.827 (Plan for architectural paint stewardship program) or as part of an annual report submitted pursuant to ORS 459A.842 (Reports by stewardship organizations).

(b) If the Department of Environmental Quality determines that disclosure is necessary for the public to adequately understand the derivation of the architectural paint stewardship assessment described in ORS 459A.827 (Plan for architectural paint stewardship program), the level of the services or associated costs that are anticipated under the assessment or the services or associated costs that are delivered under the assessment, the department may disclose, in aggregate form, information contained in the financial, cost, production or sales data and records related to the level of service and associated costs for the following services offered by the statewide architectural paint stewardship program:

(A) Collection, reuse, transportation, recycling, energy recovery, disposal and other processing of waste paint;

(B) Waste reduction efforts;

(C) Education and promotion; and

(D) Administration.

(2) The Department of Environmental Quality may not disclose the names of brands by specific producers obtained by the department as part of the approval of a plan for a statewide architectural paint stewardship program pursuant to ORS 459A.827 (Plan for architectural paint stewardship program). The department may disclose separate lists indicating participating producers and participating brands of the statewide architectural paint stewardship program.

(3) Nothing in this section shall impose additional reporting obligations on a stewardship organization beyond those specified in ORS 459A.820 (Findings) to 459A.855 (Product Stewardship Fund). [2009 c.777 §7; 2011 c.146 §1; 2013 c.677 §11]

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.