2025 Oregon Revised Statutes
Volume : 13 - Housing, Games, Environment
Chapter 459A - Reuse and Recycling
Section 459A.340 - Duties of department.
The Department of Environmental Quality shall:
(1) Maintain and make publicly available:
(a) A list of registered manufacturers and their brands;
(b) A list of brands for which no manufacturer has registered;
(c) A list that identifies which manufacturers are in compliance with ORS 459A.305 to 459A.355;
(d) Electronics producer responsibility program plans submitted to the department under ORS 459A.320;
(e) Revised plans submitted to the department under ORS 459A.321; and
(f) Reports submitted to the department under ORS 459A.320.
(2)(a) For each program year, determine each manufacturer’s market share for each product category by dividing the total weight in pounds of covered electronic devices in a product category 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 covered electronic devices in the product category sold in this state under all brands manufactured, sold or imported by all registered manufacturers during the previous calendar year.
(b) 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 subsection. 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 paragraph in the format requested by the department.
(3) For each calendar year, provide each manufacturer’s market share to the manufacturer’s electronics producer responsibility organization or to the coordinating body, if a coordinating body has been designated under ORS 459A.323.
(4) 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. [2007 c.302 §10; 2010 c.38 §1; 2011 c.548 §8; 2019 c.212 §4; 2023 c.259 §14]
Note: See note under 459A.300.
Note: Sections 22 and 23, chapter 259, Oregon Laws 2023, provide:
Sec. 22. Determination of total weight of covered electronics to be collected for 2025 calendar year; settlement of recycling credits. (1) Notwithstanding ORS 459A.340 (3), for the period beginning January 1, 2025, and ending December 31, 2025, the total weight of covered electronic devices to be collected shall be equal to the total weight of covered electronic devices to be collected for the 2024 calendar year determined by the Department of Environmental Quality under ORS 459A.340 (3).
(2) Notwithstanding ORS 459A.320 and 459A.322, the amendments to ORS 459A.320 by section 4 of this 2023 Act or the repeal of ORS 459A.322 by section 15 of this 2023 Act, a manufacturer program with a plan approved by the Department of Environmental Quality for the 2025 calendar year shall enter into an agreement with the state contractor program to settle, by December 31, 2026, all recycling credits. [2023 c.259 §22]
Sec 23. Reports by manufacturers and state contractor program due March 1, 2026; amount due from manufacturer for 2025 calendar year. (1) Notwithstanding the amendments to ORS 459A.320 by section 4 of this 2023 Act:
(a) No later than March 1, 2026, a manufacturer that implements a manufacturer program for January 1, 2025, to December 31, 2025, shall provide a report to the Department of Environmental Quality that:
(A) Includes the total weight of covered electronic devices, including orphan devices and computer peripherals, collected from covered entities in this state by the manufacturer from January 1, 2025, to December 31, 2025;
(B) Includes 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 manufacturer from January 1, 2025, to December 31, 2025; and
(C) Details how the manufacturer plan was implemented from January 1, 2025, to December 1, 2025.
(b) By July 1, 2026, a manufacturer that does not meet its return share by weight for the period beginning January 1, 2025, and ending December 31, 2025, shall pay the department for the amount not achieved at a rate determined by the department to be equivalent to the amount the manufacturer would have paid, plus 10 percent, to be part of the state contractor program under ORS 459A.340.
(2) Notwithstanding the amendments to ORS 459A.340 by section 14 of this 2023 Act, no later than March 1, 2026, the state contractor program shall provide a report to the department that:
(a) Includes 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 from January 1, 2025, to December 31, 2025; and
(b) Includes 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 from January 1, 2025, to December 31, 2025. [2023 c.259 §23]
