Bill Text: OR SB113 | 2013 | Regular Session | Introduced

Oregon Senate Bill 113 (Prior Session Legislation)

Bill Title: Relating to bags; declaring an emergency.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB113 Detail]

Download: Oregon-2013-SB113-Introduced.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1048

                         Senate Bill 113

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Environment and Natural Resources)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Prohibits use of single-use checkout bags except in certain
cases. Allows Department of Environmental Quality to impose civil
penalty. Prohibits local governments from imposing charges on
checkout bags or other bags provided to customers. Repeals
statute requiring retail establishments that offer plastic bags
to customers to also offer paper bags.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to bags; creating new provisions; amending ORS 459.235
  and 459A.115; repealing ORS 459A.695; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 1 to 4 of this 2013 Act:
  (1) 'Recycled paper checkout bag' means a paper bag made by a
manufacturer whose total production of paper checkout bags in the
preceding calendar year averaged at least 40 percent recycled
fiber.
  (2)(a) 'Retail establishment' means any store in this state
that sells or offers for sale goods at retail.
  (b) 'Retail establishment' does not mean an establishment where
the primary business is the preparation of food or drink:
  (A) For consumption by the public;
  (B) In a form or quantity that is consumable then and there,
whether or not it is consumed within the confines of the place
where prepared; or
  (C) In consumable form for consumption outside the place where
prepared.
  (3) 'Reusable checkout bag' means a bag with handles that is
specifically designed and manufactured for multiple reuse and is
made of:
  (a) Cloth or other machine-washable fabric; or
  (b) Durable plastic that is at least 2.25 mils thick.
  (4)(a) 'Single-use checkout bag' means a bag made of paper,
plastic or any other material that is provided by a retail
establishment to a customer at the time of checkout.

  (b) 'Single-use checkout bag' does not mean a bag made of
paper, plastic or any other material that is provided by a retail
establishment to a customer at a time other than the time of
checkout. + }
  SECTION 2.  { + (1) Except as provided in subsection (2) of
this section, a retail establishment may not provide single-use
checkout bags to customers.
  (2) A retail establishment may:
  (a) Make reusable checkout bags available for sale to
customers.
  (b) Provide reusable checkout bags at no cost to customers.
  (c) Provide recycled paper checkout bags at no cost to:
  (A) Customers who use a voucher issued under the Women, Infants
and Children Program established in the Oregon Health Authority
under ORS 413.500.
  (B) Customers who use an electronic benefits transfer card
issued by the Department of Human Services.
  (d) Provide recycled paper checkout bags to customers if the
retail establishment charges not less than five cents for each
recycled paper checkout bag.
  (e) Provide single-use checkout bags at no cost to customers
for items marked with protected health information or other
confidential information.
  (f) Provide single-use checkout bags at no cost to customers
for fresh meat or seafood that the retail establishment packs in
ice.
  (3) The Department of Environmental Quality may require a
retail establishment to provide, within a reasonable time,
information necessary to ensure compliance with this section. + }
  SECTION 3.  { + (1) The Department of Environmental Quality may
impose a civil penalty on a retail establishment for a violation
of section 2 of this 2013 Act. Each day a violation occurs at a
retail establishment constitutes a separate violation.
  (2) A civil penalty imposed under this section may not exceed
$250 per day.
  (3) Civil penalties described in this section shall be imposed
in the manner provided in ORS 183.745.
  (4) All penalties recovered under this section shall be paid
into the State Treasury and credited to the General Fund and are
available for general governmental expenses. + }
  SECTION 4.  { + A local government, as defined in ORS 174.116,
may not impose any tax, fee, assessment, surcharge or other
charge on:
  (1) Recycled paper checkout bags;
  (2) Reusable checkout bags;
  (3) Single-use checkout bags; or
  (4) Any other bags made of paper, plastic or other material
that are provided by a retail establishment to a customer. + }
  SECTION 5.  { + ORS 459A.695 is repealed. + }
  SECTION 6. ORS 459.235 is amended to read:
  459.235. (1) Applications for permits shall be on forms
prescribed by the Department of Environmental Quality. An
application shall contain a description of the existing and
proposed operation and the existing and proposed facilities at
the site, with detailed plans and specifications for any
facilities to be constructed. The application shall include a
recommendation by each local government unit having jurisdiction
and such other information the department deems necessary in
order to determine whether the site and solid waste disposal
facilities located thereon and the operation will comply with
applicable requirements.
  (2) The Environmental Quality Commission shall establish a
schedule of fees for disposal site permits. The permit fees
contained in the schedule shall be based on the anticipated cost
of filing and investigating the application, of issuing or

denying the requested permit and of an inspection program to
determine compliance or noncompliance with the permit.
  (3) In addition to the fees imposed under subsection (2) of
this section, the commission shall establish a schedule of permit
fees for the purpose of implementing this section and ORS 90.318,
182.375, 279A.125, 279A.155, 279B.025, 279B.240, 279B.270,
279B.280, 459.005, 459.015, 459.247, 459.418, 459.995, 459A.005,
459A.010, 459A.020, 459A.030 to 459A.055, 459A.070, 459A.110,
459A.115, 459A.475, 459A.480, 459A.500 to 459A.685  { - ,
459A.695 - }  and 459A.750. The fees shall be based on the amount
of solid waste received at the disposal site.
  (4) Notwithstanding any other fee or surcharge imposed under
ORS 459.005 to 459.437 or 459A.005 to 459A.120, for the disposal
of solid waste, in order to encourage the use of suitable
material other than virgin material for daily cover at a disposal
site, the only fee that may be charged for the disposal of
substitute material that is also used for daily cover is the
permit fee established under this section.
  SECTION 7. ORS 459A.115 is amended to read:
  459A.115. (1) From January 1, 1992, to December 31, 1993, the
schedule of fees as established by the Environmental Quality
Commission under ORS 459A.110 (1) is increased by 35 cents per
ton. The portion of the fees attributable to the 35 cents per ton
increase shall be deposited into the General Fund and credited to
an account of the Department of Environmental Quality. Such
moneys are continuously appropriated to the department to
implement the provisions of this section and ORS 459.005,
459.015, 459.235, 459.247, 459.418, 459.995, 459A.005, 459A.010,
459A.020, 459A.030 to 459A.055, 459A.070, 459A.110, 459A.500 to
459A.685  { - , 459A.695 - } and 459A.750.
  (2) Beginning January 1, 1994, the schedule of fees as
established by the commission under ORS 459A.110 is increased by
31 cents per ton and shall be deposited into the General Fund and
credited to an account of the department. Such moneys are
continuously appropriated to the department to implement the
provisions described in subsection (1) of this section, excluding
ORS 459.418.
  SECTION 8.  { + (1) Section 4 of this 2013 Act applies to any
tax, fee, assessment, surcharge or other charge imposed before,
on or after the effective date of this 2013 Act by a local
government on recycled paper checkout bags, reusable checkout
bags, single-use checkout bags and any other bags made of paper,
plastic or other material that are provided by a retail
establishment to a customer.
  (2) Subsection (1) of this section does not affect any tax,
fee, assessment, surcharge or other charge imposed by a local
government on recycled paper checkout bags, reusable checkout
bags, single-use checkout bags and any other bags made of paper,
plastic or other material that are provided by a retail
establishment to a customer that became due before the effective
date of this 2013 Act. + }
  SECTION 9.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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