ORS 459A.323 Coordinating body; manufacturer obligation

(1)

If the Department of Environmental Quality approves more than one electronics producer responsibility program plan to be implemented:

(a)

The department shall set a timeline for all electronics producer responsibility organizations to designate a coordinating body. If all electronics producer responsibility organizations are unable to designate a coordinating body in accordance with the timeline set by the department, the department may either designate a coordinating body or extend the timeline for all electronics producer responsibility organizations to designate a coordinating body.

(b)

The department may require changes to an approved plan to ensure that all approved plans provide for a consistent means of enabling coordination between electronics producer responsibility organizations.

(2)

The coordinating body, or an electronics producer responsibility organization if a coordinating body is not designated under this section, shall annually calculate each manufacturer’s manufacturer obligation by:

(a)

Multiplying the manufacturer’s market share for each product category by the product category’s percentage of the total weight of all covered electronic devices recycled during the previous year; and

(b)

Adding the percentages calculated under paragraph (a) of this subsection.

(3)

The coordinating body must:

(a)

Annually reconcile the financial obligations between all electronics producer responsibility organizations based on the manufacturer obligations of the manufacturers participating in each electronics producer responsibility program; and

(b)

Conduct any other coordination between electronics producer responsibility organizations required by ORS 459A.305 to 459A.355 or as directed by the department.

(4)(a)

Each electronics producer responsibility organization must work with the coordinating body and with all other electronics producer responsibility organizations to ensure the reconciliation of financial obligations for the electronics producer responsibility programs in accordance with the manufacturer obligations calculated by the coordinating body under this section and to ensure that all coordination required under ORS 459A.305 to 459A.355 is conducted.

(b)

An electronics producer responsibility organization or a coordinating body may, after notice to the manufacturer, refer to the department any potential violations of the requirements of ORS 459A.305 to 459A.355 by the manufacturer.

Note: 459A.323 becomes operative January 1, 2026,

and applies to electronics producer responsibility program plans submitted to the Department of Environmental Quality pursuant to section 21, chapter 259, Oregon Laws 2023. See sections 20 and 21, chapter 259, Oregon Laws 2023.

Note: See note under 459A.300.