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 (“Local government” and “local service district” defined):

(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 (Definitions) and 459A.757 (Prohibition on provision of certain checkout bags).

(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 (Definitions) and 459A.757 (Prohibition on provision of certain checkout bags).

(3)

May adopt, amend or enforce a local provision to impose a penalty other than the penalty established by ORS 459.993 (Penalties for violation of ORS 459A.757). A restaurant or retail establishment may be charged with a violation under either the local provision or ORS 459.993 (Penalties for violation of ORS 459A.757), 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 (Definitions) and 459A.757 (Prohibition on provision of certain checkout bags).

(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 (Prohibition on provision of certain checkout bags) (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 (Prohibition on provision of certain checkout bags)] and 3 [459A.759 (State preemption of certain local provisions)] 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 (Form of report to legislature), 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. [2019 c.434 §6]
Note: See note under 459A.755 (Definitions).

Source: Section 459A.759 — State preemption of certain local provisions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors459A.­html.

459A.005
“Opportunity to recycle” defined 459A.007
Opportunity to recycle program elements 459A.008
Expanded education and promotion program 459A.010
Policy 459A.012
Alternative recovery rate calculation methods 459A.015
Commission duties 459A.020
Statewide integrated solid waste management plan 459A.025
Adoption of rules regarding waste disposal and recycling 459A.027
Legislative findings 459A.029
Provision of materials to local governments 459A.030
Technical assistance to local governments 459A.035
Solid waste composition study 459A.045
Request for modification or variance 459A.050
Recycling reports 459A.055
Variance or request for extension to provide opportunity to recycle 459A.065
Mandatory participation in recycling 459A.070
Limitation on amount charged person who source separates recyclable material 459A.075
Exemptions 459A.080
Prohibitions against removing or mixing recyclable material 459A.085
City, county authority to issue collection service franchises 459A.100
Definitions for ORS 459A.100 to 459A.120 459A.105
Policy 459A.110
Additional fees for programs for reduction of waste and environmental risks 459A.120
Use of additional fees 459A.125
Maximum amount of additional fee 459A.130
Rebate of additional fee to economically distressed counties 459A.200
Definitions 459A.203
Requirement to participate in drug take-back program 459A.206
Organization of program operator 459A.209
Plan for drug take-back program 459A.212
Changes to program 459A.215
Authorized collectors 459A.218
Drop-off sites 459A.221
Covered drug collection events 459A.224
Disposal of covered drugs 459A.227
Public awareness 459A.230
Annual report 459A.233
Costs of participation in drug take-back program 459A.236
Inspection and audit 459A.239
Enforcement 459A.242
Fees 459A.245
Secure Drug Take-Back Account 459A.248
Liability 459A.251
Application of antitrust laws 459A.254
Confidentiality 459A.257
Nonapplicability of Uniform Controlled Substances Act 459A.260
State preemption of local laws 459A.263
Interagency agreements 459A.266
Rules 459A.300
Legislative findings 459A.305
Definitions for ORS 459A.305 to 459A.355 459A.310
Applicability to manufacturers 459A.315
Registration by manufacturer 459A.320
Manufacturer program plan 459A.322
Recycling credits 459A.325
Recycling fee for manufacturer participating in state contractor program 459A.330
Prohibition against charging fee for collection, transportation or recycling of covered electronic devices 459A.335
Requirements for sale of covered electronic devices by retailers 459A.340
Duties of department 459A.345
Rules 459A.350
Disposition of fees 459A.355
Covered Electronic Devices Account 459A.360
Evaluation by department of certain federal laws 459A.365
City and county regulation of collection of solid waste 459A.475
Legislative findings 459A.480
State agency recycling program 459A.485
System and procedures for separation and collection of solid waste 459A.490
Paper conservation 459A.500
Definitions for ORS 459A.500 to 459A.520 459A.505
Minimum recycled content for newsprint 459A.510
Report to consumer of amount of post-consumer waste in shipment 459A.515
Annual report to department 459A.520
Minimum recycled content for directories 459A.550
Report on use of new and recycled glass 459A.552
Recycling and recovery of used oil 459A.554
Reduction, reuse and recovery of used oil 459A.555
Definitions for ORS 459A.552 to 459A.599 459A.560
Legislative findings 459A.565
Used oil to be collected and recycled 459A.570
Used oil information center 459A.575
Oil recycling information to be posted 459A.580
Prohibited disposal of used oil 459A.585
Enforcement powers of commission 459A.590
Use, management, disposal and resource recovery 459A.595
Use for dust suppression or as herbicide 459A.599
Short title 459A.600
“Compost” defined 459A.605
Rules for purchase of compost and sewage sludge by state 459A.615
Programs to use compost and sewage sludge 459A.620
Use of compost or sewage sludge by state agencies given priority 459A.630
Motor vehicle mercury light switches 459A.650
Definitions for ORS 459A.650 to 459A.665 459A.655
Minimum reuse, recycled material or recycled content for rigid plastic containers 459A.657
Recycling rate 459A.660
Manufacturer records 459A.665
Opportunity to recycle rigid plastic containers 459A.700
Definitions for ORS 459A.700 to 459A.744 459A.702
Applicability of ORS 459A.700 to 459A.744 459A.705
Refund value 459A.710
Practices required of dealers and distributors 459A.711
Space occupied by dealer described 459A.712
Liability of manufacturer, distributor and importer for failure to pay refund value of beverage containers 459A.715
Refusal of dealer or distributor to accept or pay refund in certain cases 459A.716
Return with intent to defraud 459A.717
Civil penalties 459A.718
Distributor cooperatives 459A.720
Indication of refund value 459A.725
Certification of containers as reusable by more than one manufacturer 459A.730
Decision upon certification applications 459A.735
Full-service redemption centers 459A.737
Full-service redemption centers 459A.738
Convenience zones 459A.741
Dealer redemption centers 459A.742
Inspection authority 459A.743
Certification and withdrawal procedures 459A.744
Bottle Bill Fund 459A.750
Recycling and waste reduction component of curriculum 459A.755
Definitions 459A.757
Prohibition on provision of certain checkout bags 459A.759
State preemption of certain local provisions 459A.775
“State agency” defined 459A.780
Prohibition against purchase or use of nonbiodegradable and nonrecyclable food packaging 459A.785
Effective recycling program 459A.820
Findings 459A.822
Definitions for ORS 459A.820 to 459A.855 459A.825
Participation in architectural paint stewardship program 459A.827
Plan for architectural paint stewardship program 459A.830
Collection system for post-consumer architectural paint 459A.832
Approval or denial of new or updated plans for architectural paint stewardship programs 459A.835
Approval for amendment or update to plan for architectural paint stewardship program 459A.837
Notification regarding changes to architectural paint stewardship program 459A.840
Conduct authorized 459A.842
Reports by stewardship organizations 459A.845
Estimate by Department of Environmental Quality of total volume of post-consumer architectural paint collected 459A.847
Data disclosure 459A.850
Orders 459A.852
Fees 459A.855
Product Stewardship Fund 459A.860
Legislative findings 459A.863
Definitions 459A.866
Determining producers of covered products 459A.869
Requirements for producers and producer responsibility organizations 459A.872
Exemptions 459A.875
Producer responsibility program plan 459A.878
Approval of producer responsibility program plan 459A.881
Producer responsibility program plan amendments 459A.884
Membership fees charged by producer responsibility organization 459A.887
Annual report 459A.890
Compensation to local governments 459A.893
Development of educational resources 459A.896
Other duties of producer responsibility organization 459A.899
Oregon Recycling System Advisory Council 459A.902
Duties of council 459A.905
Prohibition on delivery of commingled recyclables to certain facilities 459A.908
Roll carts 459A.911
Other duties of local governments 459A.914
Uniform statewide collection list 459A.917
Specifically identified materials 459A.920
Contamination management fee 459A.923
Processor commodity risk fee 459A.926
Recycling rate of plastic 459A.929
Contamination reduction 459A.932
Equity study 459A.935
Multifamily housing needs assessment 459A.938
Fees 459A.941
Waste prevention and reuse 459A.944
Life cycle evaluation 459A.947
Producer Responsibility Fund 459A.950
Waste Prevention and Reuse Fund 459A.955
Permit required for commingled recycling processing facility 459A.956
Certification program 459A.959
Contamination 459A.962
Enforcement and record keeping 459A.965
Prohibition on promoting acceptance of certain materials for composting 459A.968
Antitrust 459A.975
Rules
Green check means up to date. Up to date

Current through early 2024

§ 459A.759’s source at oregon​.gov