Oregon 2011 bill text
House Bill 3145 (as introduced)
The following text was found at http://www.leg.state.or.us/11reg/measures/hb3100.dir/hb3145.intro.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1597
House Bill 3145
Sponsored by Representatives BERGER, CANNON
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.
Changes definition of 'beverage. '
Allows beverage distributors or importers to establish
distributor cooperative for certain purposes. Provides that
dealer that uses distributor cooperative is not required to
return beverage containers to distributor or importer that does
not participate in distributor cooperative. Requires distributor
cooperative and distributors and importers that do not
participate in distributor cooperative to provide Oregon Liquor
Control Commission with report on beverage container return rate
each calendar year.
Increases refund value for beverage containers.
Requires local governments to allow siting of redemption center
in certain cases.
A BILL FOR AN ACT
Relating to beverage containers; creating new provisions; and
amending ORS 459A.700, 459A.705 and 471.501.
Be It Enacted by the People of the State of Oregon:
{ +
BEVERAGE CONTAINERS + }
SECTION 1. ORS 459A.700 is amended to read:
459A.700. As used in ORS 459.992 (3) and (4) and 459A.700 to
459A.740, unless the context requires otherwise:
(1) 'Beverage' means { + any of the following in liquid form
and intended for human consumption:
(a) + } Water and flavored water { - , - } { + ;
(b) + } Beer or other malt beverages { - and - } { + ;
(c) + } Mineral waters, soda water and similar carbonated soft
drinks { - in liquid form and intended for human
consumption - } { + ; and
(d) Sports drinks, energy drinks, coffee, tea, juice and
similar noncarbonated drinks + }.
(2)(a) 'Beverage container' means an individual, separate,
sealed glass, metal or plastic bottle or can containing a
beverage in a quantity less than or equal to three fluid liters.
(b) 'Beverage container' does not include cartons, foil pouches
and drink boxes.
(3) 'Commission' means the Oregon Liquor Control Commission.
(4) 'Consumer' means every person who purchases a beverage in a
beverage container for use or consumption.
(5) 'Dealer' means every person in this state who engages in
the sale of beverages in beverage containers to a consumer, or
means a redemption center certified under ORS 459A.735.
(6) 'Distributor' means every person who engages in the sale of
beverages in beverage containers to a dealer in this state
including any manufacturer who engages in such sales.
(7) 'Importer' means any dealer or manufacturer who directly
imports beverage containers into this state.
(8) 'In this state' means within the exterior limits of the
State of Oregon and includes all territory within these limits
owned by or ceded to the United States of America.
(9) 'Manufacturer' means every person bottling, canning or
otherwise filling beverage containers for sale to distributors,
importers or dealers.
(10) 'Place of business of a dealer' means the location at
which a dealer sells or offers for sale beverages in beverage
containers to consumers.
(11) 'Use or consumption' includes the exercise of any right or
power over a beverage incident to the ownership thereof, other
than the sale or the keeping or retention of a beverage for the
purposes of sale.
(12) 'Water and flavored water' means any beverage identified
through the use of letters, words or symbols on its product label
as a type of water.
SECTION 2. { + The amendments to ORS 459A.700 by section 1 of
this 2011 Act become operative January 1, 2014. + }
{ +
DISTRIBUTOR COOPERATIVES + }
SECTION 3. { + Section 4 of this 2011 Act is added to and made
a part of ORS 459A.700 to 459A.740. + }
SECTION 4. { + (1) Two or more distributors or importers may
establish a distributor cooperative for the purposes of:
(a) Collecting the refund value of beverage containers as
established by ORS 459A.705 from distributors or importers and
refunding to dealers the amount the dealers paid for the refund
value of empty beverage containers;
(b) Paying the refund value as established by ORS 459A.705 for
beverage containers sold in this state; and
(c) Processing beverage containers sold in this state.
(2) A distributor cooperative established under this section
must service a majority of the dealers in this state.
(3) If a distributor cooperative is established, a dealer that
uses the distributor cooperative to redeem and process beverage
containers sold in this state is not required to return beverage
containers to a distributor or importer that does not participate
in the distributor cooperative, provided that the dealer or the
distributor cooperative provides an accounting to the distributor
or importer of the beverage containers by brand and kind that
were distributed by the distributor or importer and subsequently
redeemed by the dealer or distributor cooperative.
(4) Upon receipt of the accounting required by subsection (3)
of this section, a distributor or importer that does not
participate in the distributor cooperative must pay the refund
value of the redeemed beverage containers specified in the
accounting to the dealer or distributor cooperative that provided
the accounting.
(5)(a) For purposes of this subsection, beverage container
return rate is calculated by dividing the number of beverage
containers returned in Oregon during the calendar year by the
number of beverage containers sold for a refund value during the
calendar year.
(b) By July 1 of each calendar year, a distributor cooperative
shall provide the Oregon Liquor Control Commission with a report
that lists, in aggregate form for all distributors and importers
that participate in the distributor cooperative, the previous
calendar year's beverage container return rate, calculated
separately for aluminum, glass and plastic containers.
(c) By July 1 of each calendar year, a distributor or importer
that does not participate in a distributor cooperative shall
provide the commission with a report that lists the distributor's
or the importer's beverage container return rate for the previous
calendar year, calculated separately for aluminum, glass and
plastic containers. + }
SECTION 5. { + The first reports to the Oregon Liquor Control
Commission under section 4 (5) of this 2011 Act must be filed no
later than July 1, 2012, for calendar year 2011. + }
{ +
10-CENT REFUND VALUE + }
SECTION 6. ORS 459A.705 is amended to read:
459A.705. (1) Except as provided in subsection (2) of this
section, every beverage container sold or offered for sale in
this state shall have a refund value of not less than
{ - five - } { + 10 + } cents.
(2) Every beverage container certified as provided in ORS
459A.725, sold or offered for sale in this state, shall have a
refund value of not less than two cents.
SECTION 7. ORS 471.501 is amended to read:
471.501. Nothing in this chapter prevents a brewery licensed
under ORS 471.220 or a brewery-public house licensed under ORS
471.200 from establishing a refund value for malt beverage
containers under the provisions of ORS 459A.705 that is in excess
of { - five - } { + 10 + } cents per container for the
purpose of encouraging purchasers to return the containers
directly to the brewery or brewery-public house. A refund value
in excess of { - five - } { + 10 + } cents per container may
be paid under this section only to persons who are not licensed
under this chapter and who return the containers directly to the
brewery or brewery-public house.
SECTION 8. { + The amendments to ORS 459A.705 and 471.501 by
sections 6 and 7 of this 2011 Act become operative January 1,
2015. + }
{ +
LAND USE + }
SECTION 9. { + Section 10 of this 2011 Act is added to and
made a part of ORS chapter 197. + }
SECTION 10. { + A redemption center certified under ORS
459A.735 is a commercial use. A local government shall allow the
siting of a redemption center on the same or substantially
similar basis in areas planned or zoned for commercial use as the
local government allows a place of business of a dealer of
similar size. + }
SECTION 11. { + A local government shall adopt changes, if
necessary, to the acknowledged comprehensive plan or land use
regulations to implement section 10 of this 2011 Act within six
months after the effective date of this 2011 Act. + }
{ +
UNIT CAPTIONS + }
SECTION 12. { + The unit captions used in this 2011 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2011 Act. + }
HB 3145 (As amended and engrossed)
B-Engrossed
House Bill 3145
Ordered by the House May 3
Including House Amendments dated April 26 and May 3
Sponsored by Representatives BERGER, CANNON
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.
Changes definition of 'beverage' and 'beverage container. '
Specifies application of laws regulating redemption of beverage
containers. Expands application of such laws one year after date
on which Oregon Liquor Control Commission determines that at
least 60 percent of beverage containers are returned or on
January 1, 2018, whichever comes first.
Increases refund value for beverage containers { - beginning
on January 1 of calendar year - } { + by specified date + }
following determination by commission that, in each of two
previous calendar years, less than 80 percent of total number of
beverage containers sold in Oregon were returned.
{ - Authorizes - } { + Requires + } commission to create
one pilot project for establishment of beverage container
redemption center.
A BILL FOR AN ACT
Relating to beverage containers; creating new provisions; and
amending ORS 459A.700, 459A.705 and 471.501.
Be It Enacted by the People of the State of Oregon:
{ +
BEVERAGE CONTAINERS + }
SECTION 1. ORS 459A.700 is amended to read:
459A.700. As used in ORS 459.992 (3) and (4) and 459A.700 to
459A.740, unless the context requires otherwise:
(1) 'Beverage' { - means water and flavored water, beer or
other malt beverages and mineral waters, soda water and similar
carbonated soft drinks in liquid form and intended for human
consumption - } { + means a fluid described in section 2 of
this 2011 Act + }.
(2) { - (a) - } 'Beverage container' { - means an
individual, separate, sealed glass, metal or plastic bottle or
can containing a beverage in a quantity less than or equal to
three fluid liters - } { + means a container described in
section 2 of this 2011 Act + }.
{ - (b) 'Beverage container' does not include cartons, foil
pouches and drink boxes. - }
(3) 'Commission' means the Oregon Liquor Control Commission.
(4) 'Consumer' means every person who purchases a beverage in a
beverage container for use or consumption.
(5) 'Dealer' means every person in this state who engages in
the sale of beverages in beverage containers to a consumer, or
means a redemption center certified under ORS 459A.735.
(6) 'Distributor' means every person who engages in the sale of
beverages in beverage containers to a dealer in this state
including any manufacturer who engages in such sales.
(7) 'Importer' means any dealer or manufacturer who directly
imports beverage containers into this state.
(8) 'In this state' means within the exterior limits of the
State of Oregon and includes all territory within these limits
owned by or ceded to the United States of America.
(9) 'Manufacturer' means every person bottling, canning or
otherwise filling beverage containers for sale to distributors,
importers or dealers.
(10) 'Place of business of a dealer' means the location at
which a dealer sells or offers for sale beverages in beverage
containers to consumers.
(11) 'Use or consumption' includes the exercise of any right or
power over a beverage incident to the ownership thereof, other
than the sale or the keeping or retention of a beverage for the
purposes of sale.
(12) 'Water and flavored water' means any beverage identified
through the use of letters, words or symbols on its product label
as a type of water.
SECTION 2. { + (1) Except as provided in subsection (2) of
this section, ORS 459A.700 to 459A.740 apply to any individual,
separate, sealed glass, metal or plastic bottle or can, except
for cartons, foil pouches and drink boxes, that contains the
following beverages, intended for human consumption and in a
quantity less than or equal to three fluid liters:
(a) Water and flavored water;
(b) Beer or other malt beverages; and
(c) Mineral waters, soda water and similar carbonated soft
drinks.
(2) One year after the date on which the Oregon Liquor Control
Commission determines that at least 60 percent of the beverage
containers returned for the refund value specified in ORS
459A.705 are returned statewide to redemption centers approved
under ORS 459A.735, or on January 1, 2018, whichever comes first,
ORS 459A.700 to 459A.740 apply to any individual, separate,
sealed glass, metal or plastic bottle or can, except for cartons,
foil pouches, drink boxes and metal containers that require a
tool to be opened, that contains:
(a) The following beverages, intended for human consumption and
in a quantity less than or equal to three fluid liters:
(A) Water and flavored water;
(B) Beer or other malt beverages; and
(C) Mineral waters, soda water and similar carbonated soft
drinks.
(b) Any beverage other than those specified in paragraph (a) of
this subsection that is intended for human consumption and is in
a quantity more than or equal to four fluid ounces and less than
or equal to one and one-half fluid liters, except distilled
liquor, wine, dairy or plant-based milks, infant formula and any
other exemptions set forth in rule of the Oregon Liquor Control
Commission. + }
{ +
10-CENT REFUND VALUE + }
SECTION 3. ORS 459A.705 is amended to read:
459A.705. (1) Except as provided in { - subsection (2) - }
{ + subsections (2) and (3) + } of this section, every beverage
container sold or offered for sale in this state shall have a
refund value of not less than five cents.
{ + (2)(a) Every beverage container sold or offered for sale
in this state shall have a refund value of not less than 10
cents, beginning on the later of:
(A) Eight months after the Oregon Liquor Control Commission
determines that, in each of the two previous calendar years, the
number of beverage containers returned for the refund value
specified in this section was less than 80 percent of the total
number of beverage containers that were sold in this state; or
(B) January 1 of the calendar year following the determination
by the commission described in subparagraph (A) of this
paragraph.
(b) The commission may not make a determination under this
subsection before January 1, 2016.
(c) In making a determination under this subsection, the
commission may not include the beverage containers and beverages
described in section 2 (2)(b) of this 2011 Act before January 1,
2021. + }
{ - (2) - } { + (3) + } Every beverage container certified
as provided in ORS 459A.725, sold or offered for sale in this
state, shall have a refund value of not less than two cents.
SECTION 4. ORS 471.501 is amended to read:
471.501. Nothing in this chapter prevents a brewery licensed
under ORS 471.220 or a brewery-public house licensed under ORS
471.200 from establishing a refund value for malt beverage
containers under the provisions of ORS 459A.705 that is in excess
of five cents { + , or in excess of 10 cents as described in ORS
459A.705 (2), + } per container for the purpose of encouraging
purchasers to return the containers directly to the brewery or
brewery-public house. A refund value in excess of five
cents { + , or in excess of 10 cents as described in ORS 459A.705
(2), + } per container may be paid under this section only to
persons who are not licensed under this chapter and who return
the containers directly to the brewery or brewery-public house.
{ +
PILOT PROJECT + }
SECTION 5. { + (1)(a) Pursuant to the provisions of ORS
459A.735, the Oregon Liquor Control Commission shall approve one
beverage container redemption center pilot project in a city
having a population of less than 300,000, operated by a
distributor cooperative serving a majority of the dealers in this
state.
(b) Notwithstanding any other provision of ORS 459A.700 to
459A.740, the beverage container redemption center operated under
the pilot project may not refuse to accept and to pay the refund
value of up to 300 individual empty beverage containers, as
established by ORS 459A.705, returned by any one person during
one day.
(2)(a) The commission shall specify two convenience zones for
the pilot project. The first convenience zone shall be the sector
within the one and one-half mile radius around the beverage
container redemption center pilot project, and the second
convenience zone shall be the sector within the three mile radius
around the beverage container redemption center pilot project.
(b) All dealers doing business within the first convenience
zone that occupy a space of 5,000 or more square feet in a single
area may participate in, and be served by, the pilot project and,
if such a dealer participates in, and is served by, the pilot
project, the dealer may, notwithstanding any other provision of
ORS 459A.700 to 459A.740, refuse to accept and to pay the refund
value of empty beverage containers.
(c) All dealers doing business within the second convenience
zone that occupy a space of 5,000 or more square feet in a single
area may participate in, and be served by, the pilot project and,
if such a dealer participates in, and is served by, the pilot
project, the dealer may, notwithstanding any other provision of
ORS 459A.700 to 459A.740, refuse to accept and to pay the refund
value of more than 24 individual empty beverage containers
returned by any one person during one day.
(d) All dealers doing business within either convenience zone
that occupy a space of less than 5,000 square feet in a single
area may, notwithstanding any other provision of ORS 459A.700 to
459A.740, refuse to accept and to pay the refund value of more
than 24 individual empty beverage containers returned by any one
person during one day.
(e) Any dealer doing business in either convenience zone that
occupies a space of 5,000 or more square feet in a single area
that does not participate in, and is not served by, the pilot
project may not refuse to accept and to pay the refund value of
up to 300 individual empty beverage containers, as established by
ORS 459A.705, returned by any one person during one day and must
provide services similar to those provided by the pilot project,
including hand counting of individual empty beverage containers
that are returned for the refund value established by ORS
459A.705.
(3) The commission may adopt all rules necessary to implement
and administer the provisions of this section. + }
{ +
MISCELLANEOUS + }
SECTION 6. { + Sections 2 and 5 of this 2011 Act are added to
and made a part of ORS 459A.700 to 459A.740. + }
{ +
UNIT CAPTIONS + }
SECTION 7. { + The unit captions used in this 2011 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2011 Act. + }
Updated
September 21, 2011
