Producer responsibility organizations are required to provide funding or reimbursement to local governments or their service providers for aspects of the local recycling system under ORS 459A.890 (Section 13 of the Recycling Modernization Act). PROs will need to describe how they will fulfill these requirements in their program plans, to be submitted to DEQ by March 31, 2024. In order to ensure PROs understand how they need to fund local governments and what to include in their program plans, DEQ is preparing rules.
There are two rulemakings planned to implement the RMA. Rules related to 459A.890 will likely span both rulemakings. The first rulemaking is planned for 2022 through 2023 and will include several topics including aspects local governments compensation.
Local government compensation topics planned for the first rulemaking:
- Transportation of covered recycling to commingled processing facilities and markets — 459A.890(2)
- Assessing contamination from recycling route trucks — 459A.890(3)
- Contamination reduction programming (may be deferred to the second rulemaking) — 459A.890(4)
- Expansion of recycling collection on-route and at depots — 459A.890(5)
- Returning unused funding — 459A.890(11)(b)
To prepare for the rulemaking, DEQ is having several conversations with a small sample of stakeholders around the state in June 2022 including local governments and their service providers and several existing PROs in Canada. This information will be used to develop a rules concept or summary of the draft rules. Stakeholders not selected as part of the sample are welcome to submit responses to the questions linked below before June 30, 2022.
DEQ anticipates sharing the draft rules concept with the Rules Advisory Committee
in September 2022, at a public meeting, with draft rules prepared in early 2023. The public will have opportunities to comment on draft rules as part of the rulemaking process
For more information please contact DEQ's project manager, Brian Stafki