ORS § 459A.315

Current through 2024 Regular Session legislation effective April 17, 2024
Section 459A.315 - [Operative Until 1/1/2026] Registration by manufacturer; fees
(1) Before January 1 of each year, a manufacturer of covered electronic devices sold or offered for sale in this state shall register with the Department of Environmental Quality, for a period to cover the upcoming calendar year, on a form provided by the department. The registration shall include:
(a) A list of all the brands manufactured, sold or imported by the manufacturer, including:
(A) Those brands being offered for sale in this state by the manufacturer; and
(B) Those brands that were offered for sale in this state by the manufacturer during the previous calendar year.
(b) A statement of whether the manufacturer will be implementing a manufacturer program or utilizing the state contractor program for recycling covered electronic devices.
(c) Any other information required by the department to implement ORS 459A.305 to 459A.355.
(2)
(a) Not later than July 1 of each year, a manufacturer of covered electronic devices sold or offered for sale in this state shall pay an annual registration fee to the department.
(b) For calendar years 2008 through 2011, the manufacturer registration fee shall be:
(A) $15,000 for manufacturers selling more than one percent of the total number of units of covered electronic devices sold in this state the previous calendar year.
(B) $5,000 for manufacturers selling at least 0.1 percent but not more than one percent of the total number of units of covered electronic devices sold in this state the previous calendar year.
(C) $200 for manufacturers selling at least 0.01 percent but less than 0.1 percent of the total number of units of covered electronic devices sold in this state the previous calendar year.
(D) $40 for manufacturers selling less than 0.01 percent of the total number of units of covered electronic devices sold in this state the previous calendar year.
(c) For calendar years 2012 and beyond, the Environmental Quality Commission may modify the registration fees under this section so that the total of registration fees collected approximately matches the department's costs in implementing ORS 459A.305 to 459A.355, excluding costs incurred under ORS 459A.340 (4).
(3) If a manufacturer that ceases to manufacture, sell or import a covered electronic device:
(a) Has not registered the device with the department and the department determines that the device was sold in this state during the previous calendar year, the manufacturer shall register the device with the department and pay a registration fee of $250.
(b) Has not registered with the department and receives notification from the department of a return share and a return share by weight, or a nontelevision market share or a television market share, the manufacturer shall register with the department within 30 days of receiving the notification and pay a registration fee of $250.

ORS 459A.315

Amended by 2019 Ch. 212, § 2, eff. 1/1/2020.
2007 c. 302, § 4

The amendments to 459A.315 by section 3, 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.