(1) A manufacturer program or a state contractor program that collects, transports and recycles covered electronic devices in an amount that exceeds the program’s return share by weight for a calendar year may claim recycling credits for use in succeeding calendar years as follows:

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(a) A program may claim one recycling credit for each pound of covered electronic devices collected, transported and recycled in excess of the program’s return share by weight for a calendar year;

(b) A program may retain all or part of its recycling credits or may sell any portion of its recycling credits to another program at a price negotiated by the parties;

(c) A manufacturer program may use recycling credits earned or purchased to meet up to 15 percent of its return share by weight during any calendar year. One recycling credit may be used to meet one pound of return share by weight; and

(d) By rule, the Environmental Quality Commission may change the percentage of the return share by weight specified in paragraph (c) of this subsection.

(2) A manufacturer program must include the following information on recycling credits in its annual report to the Department of Environmental Quality required by ORS § 459A.320 (3)(e):

(a) The number of recycling credits the manufacturer program possessed at the beginning of the previous calendar year.

(b) The total number of recycling credits the manufacturer program purchased and sold during the previous calendar year, the names of the programs from which recycling credits were purchased or to which recycling credits were sold and the number of recycling credits purchased from or sold to each program.

(c) The number of recycling credits the manufacturer program used to meet its return share by weight for the previous calendar year.

(d) The number of recycling credits the manufacturer program is claiming from the previous calendar year. This number is the difference between the total weight of covered electronic devices that the manufacturer program collected, transported and recycled during the previous calendar year and the program’s return share by weight for the previous calendar year. [2011 c.548 § 2]

459A.322 is repealed January 1, 2026. See sections 15 and 20, chapter 259, Oregon Laws 2023.

See note under 459A.300.