Section 459A.340 - [Operative Until 1/1/2026] Duties of department The Department of Environmental Quality shall:
(1) Maintain and make available on its website the following lists, which must be updated by the first day of each month:(a) A list of registered manufacturers and their brands;(b) A list of brands for which no manufacturer has registered; and(c) A list that identifies which manufacturers are in compliance with ORS 459A.305 to 459A.355.(2) Review and approve manufacturer plans that comply with ORS 459A.320 and are submitted annually by manufacturers choosing to implement a manufacturer program for recycling covered electronic devices.(3)(a) For each calendar year, determine: (A) The total weight in pounds of covered electronic devices, including orphan devices and computer peripherals, to be collected; and(B) Of the total weight determined under subparagraph (A) of this paragraph, the proportion that is equal to the total weight of televisions and the proportion that is equal to the total weight of nontelevision devices.(b) For each calendar year, determine each manufacturer's television market share and nontelevision market share as follows:(A) A manufacturer's television market share shall be determined by dividing the total weight in pounds of televisions sold in this state under brands manufactured, sold or imported by the manufacturer during the previous calendar year by the total weight in pounds of televisions sold in this state under all brands manufactured, sold or imported by all registered manufacturers during the previous calendar year.(B) A manufacturer's nontelevision market share shall be determined by dividing the total weight in pounds of nontelevision devices sold in this state under brands manufactured, sold or imported by the manufacturer during the previous calendar year by the total weight in pounds of nontelevision devices sold in this state under all brands manufactured, sold or imported by all registered manufacturers during the previous calendar year.(C) The department may use national market data prorated for Oregon, retail or manufacturer data, consumer research or any other data from the previous calendar year, as determined by the department, to make the determinations described in this paragraph. The department may require a manufacturer to submit sales or other data regarding the number and weight of covered electronic devices sold in this state by the manufacturer. A manufacturer must submit any data required by the department under this subparagraph in the format requested by the department.(c) Determine the return share and return share by weight each calendar year for each manufacturer as follows: (A) A manufacturer's return share by weight shall be equal to the sum of the manufacturer's return share by weight for televisions as calculated under subparagraph (B) of this paragraph and the manufacturer's return share by weight for nontelevision devices as calculated under subparagraph (C) of this paragraph.(B) A manufacturer's return share by weight for televisions shall be equal to the product of the manufacturer's television market share as determined under paragraph (b)(A) of this subsection multiplied by the total weight of television devices to be collected as determined under paragraph (a)(B) of this subsection.(C) A manufacturer's return share by weight for nontelevision devices shall be equal to the product of the manufacturer's nontelevision market share as determined under paragraph (b)(B) of this subsection multiplied by the total weight of nontelevision devices to be collected as determined under paragraph (a)(B) of this subsection.(D) A manufacturer's return share shall be equal to the quotient of the manufacturer's return share by weight divided by the sum total of the return shares by weight for all manufacturers.(d) By May 1 of each year, provide to each manufacturer that had a return share determined under this section its return share and its return share by weight for the following year.(4) Establish a state contractor program for the collection, transportation and recycling of covered electronic devices from covered entities in this state. The state contractor program shall:(a) To the extent practicable, use existing local collection, transportation and recycling infrastructure.(b) Utilize environmentally sound management practices to collect, transport and recycle covered electronic devices.(c) Provide for covered entities, free of charge, convenient and available collection services and sites for covered electronic devices in both rural and urban areas.(d) Advertise and promote collection opportunities statewide and on a regular basis.(e) Conduct a statistically significant sampling or actual count of the covered electronic devices, except for computer peripherals, collected and recycled by the state contractor program during each calendar year using a methodology approved by the department. The state contractor shall report the results of the sampling or count to the department at least annually or as required by the department. The methodology must take into account information including but not limited to the device type, weight and brand of each unit sampled.(f) No later than March 1 of the following calendar year, report, for the previous calendar year:(A) The total weight of covered electronic devices, including orphan devices and computer peripherals, collected from covered entities in this state by the state contractor program; and(B) The total weight of each type of covered electronic device, including orphan devices and computer peripherals, collected from covered entities in this state by the state contractor program during the previous calendar year.(5) Determine a manufacturer's annual registration fee for purposes of ORS 459A.315 (2). In determining a manufacturer's annual registration fee, the department may use national market data prorated for Oregon, retail or manufacturer data, consumer research or any other data from the previous calendar year, as determined by the department. The department may require a manufacturer to submit sales or other data regarding the number of covered electronic devices sold in this state by the manufacturer. A manufacturer must submit any data required by the department under this subsection in the format requested by the department.(6) Determine the recycling fee to be paid under ORS 459A.325 by each manufacturer that participates in the state contractor program established pursuant to subsection (4) of this section. The department shall determine the recycling fees based on the manufacturer's annual return share and return share by weight as determined under subsection (3) of this section.(7) Maintain on its website information on collection opportunities for covered electronic devices, including collection site locations and hours. The information must be made available in a printable format for retailers.(8) Report biennially to the Legislative Assembly on the operation of the statewide system for collection, transportation and recycling of covered electronic devices.Amended by 2019 Ch. 212, § 4, eff. 1/1/2020. 2007 c. 302, § 10; 2010 c. 38, § 1 The amendments to 459A.340 by section 14, chapter 259, Oregon Laws 2023, become operative January 1, 2026. See section 20, chapter 259, Oregon Laws 2023. The text that is operative on and after January 1, 2026, is set forth for the user's convenience.
This section is set out more than once due to postponed, multiple, or conflicting amendments.