Duties of council.

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(a) Review activities related to ORS 459A.860 to 459A.975;

(b) Advise the Department of Environmental Quality and producer responsibility organizations on issues related to the implementation of ORS 459A.860 to 459A.975;

(c) Review producer responsibility program plans submitted under ORS 459A.875, plan amendments submitted under ORS 459A.881 and program reports submitted under ORS 459A.887;

(d) Make recommendations to the department and producer responsibility organizations related to the establishment and maintenance of the list of specifically identified materials;

(e) Make recommendations to the department and producer responsibility organizations about any other material that should not be included as a covered product; and

(f) Make written recommendations to the department and producer responsibility organizations on matters that the council determines are beneficial to the public interest, including:

(A) Matters related to producer responsibility program plans created to satisfy the requirements of ORS 459A.875, program plan audits and reports required by the plans, including:

(i) Producer membership fee structures described in ORS 459A.884;

(ii) Recycling depot or mobile collection events for recyclable items; and

(iii) Other aspects of a producer responsibility program intended to improve access to recycling, including access for residents of multifamily housing.

(B) The uniform statewide collection list.

(C) The manner in which producer responsibility organization fees will be distributed to local governments or local governments’ service providers under ORS 459A.890, including:

(i) Review of statewide transportation, reload reimbursement and other formulaic elements; and

(ii) Priorities for system funding where discretion is provided in statute or in rules adopted by the Environmental Quality Commission.

(D) Statewide educational resources and campaigns.

(E) The manner in which producer responsibility organization fees will be distributed to processors to improve infrastructure.

(2) The council may only adopt recommendations upon a vote of a majority of the members of the council.

(3) No later than September 15 of each even-numbered year, the council shall submit to interim committees of the Legislative Assembly related to the environment, in the manner provided by ORS 192.245, a report that describes the recommendations of the council.

(4) Within 45 days of receiving written recommendations from the council under subsection (1)(d) to (f) of this section, a producer responsibility organization must provide a written response to the council, including reasons why any recommendations were not accepted.

(5) Within 60 days of receipt of written recommendations provided under subsection (1)(d) to (f) of this section, the department shall provide a written response to the council, including reasons why any recommendations were not accepted. [2021 c.681 §18]


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