(a) "Plastic" means a material composed of synthetic polymers such as polyethylene, polypropylene, polystyrene, polylactic acid and other similar polymers.
(b) "Plastic" does not include materials commonly referred to as rubber or materials that are naturally produced polymers, such as proteins or starches.
(2)(a) It is the goal of the State of Oregon that the statewide recycling rate for plastic packaging and plastic food serviceware be:
(A) At least 25 percent by calendar year 2028 and in each subsequent year;
(B) At least 50 percent by calendar year 2040 and in each subsequent year; and
(C) At least 70 percent by calendar year 2050 and in each subsequent year.
(b) Notwithstanding paragraph (a) of this subsection, the commission by rule, on or after January 1, 2038, and after consideration of environmental, technical and economic conditions, may adjust the statewide plastic recycling goal. An adjustment to the statewide plastic recycling goal under this paragraph may not adjust the goal to less than 35 percent or more than 70 percent.
(c) The recycling rate established under this subsection is separate from the recovery rates calculated under ORS 459A.010 and the recycling rate calculated under ORS 459A.657.
(3) The Department of Environmental Quality shall annually determine whether the statewide plastic recycling goal established under subsection (2) of this section has been met. The department may require a producer responsibility organization to submit aggregated information necessary for the department to make the determination under this subsection.
(4)(a) If the department determines that the statewide plastic recycling goal has not been met, each producer responsibility organization shall, in the manner provided in ORS 459A.881, amend an existing producer responsibility program plan or submit a new producer responsibility program plan that includes actions the organization will take to meet the statewide plastic recycling goal.
(b) Notwithstanding the requirements of paragraph (a) of this subsection, the department may not issue an order or impose a civil penalty against a producer responsibility organization for failing to update a producer responsibility program plan or failing to take actions specified in a producer responsibility program plan to meet the statewide plastic recycling goal if, at that time, the recycling rate of plastic packaging and plastic food serviceware exceeds 50 percent.
(5) The recycling rate of plastic packaging and plastic food serviceware is calculated by dividing the total plastic packaging and plastic food serviceware waste generated and recycled in this state by the total plastic packaging and plastic food serviceware waste generated in this state using the following data, unless otherwise specified by rule by the commission:
(a) Data on recycling from the surveys and reports specified in ORS 459A.050;
(b) Data from the waste composition studies specified in ORS 459A.035, combined with data on the total amount of solid waste disposed as specified in ORS 459A.010 (3)(a);
(c) Information submitted by a producer responsibility organization under subsection (3) of this section; and
(d) Other information made available to the department to estimate changes in the generation of plastic waste in years between the years when waste composition studies are conducted.
(6) For purposes of determining the recycling rate of plastic packaging and plastic food serviceware, "plastic" includes post-consumer packaging and food serviceware products that are made entirely of plastic or that contain small amounts of easily removed nonplastic items, such as metal lids or metal handles on plastic buckets. [2021 c.681 §27]