ORS 459A.759 State preemption of certain local provisions

To prohibit or limit the use of recycled paper checkout bags, reusable fabric checkout bags, reusable plastic checkout bags or single-use checkout bags by a restaurant or retail establishment, a city, county or other local government, as defined in ORS 174.116:

(1)

May adopt a local provision that establishes definitions, requirements and restrictions that are identical to the definitions, requirements and restrictions established by ORS 459A.755 and 459A.757.

(2)

May amend a local provision that was in effect before January 1, 2020, so the local provision establishes definitions, requirements and restrictions that are identical to the definitions, requirements and restrictions established by ORS 459A.755 and 459A.757.

(3)

May adopt, amend or enforce a local provision to impose a penalty other than the penalty established by ORS 459.993. A restaurant or retail establishment may be charged with a violation under either the local provision or ORS 459.993, but not both.

(4)

May not adopt or enforce a local provision that establishes definitions, requirements or restrictions that are not identical to the definitions, requirements and restrictions established by ORS 459A.755 and 459A.757.

(5)

Notwithstanding subsection (4) of this section, may adopt, amend or enforce a local provision to require a restaurant or retail establishment to charge a fee of more than five cents under provisions otherwise identical to ORS 459A.757 (1)(b) and (3)(b). [2019 c.434 §3]

Note: Sections 5 and 6, chapter 434, Oregon Laws

2019, provide: Sec. 5. (1) The Department of Environmental Quality shall produce a report on the impacts of sections 2 [459A.757] and 3 [459A.759] of this 2019 Act that assesses, in retail establishments that primarily sell groceries:

(a)

Collection of the fee described in section 2 (1)(b) of this 2019 Act; and

(b)

Customers’ use of recycled paper checkout bags, reusable fabric checkout bags and reusable plastic checkout bags.

(2)

No later than September 15, 2024, retail establishments that primarily sell groceries shall provide to the department the information described in subsection

(1)

of this section.

(3)

No later than September 15, 2025, the department shall submit the report described in subsection (1) of this section, in the manner provided by ORS 192.245, to an interim committee of the Legislative Assembly related to the environment. [2019 c.434 §5] Sec. 6. Section 5 of this 2019 Act is repealed on December 31, 2025.

Note: See note under 459A.755.