(2) The Department of Environmental Quality shall establish a program to reduce the environmental impacts of covered products through means other than waste recovery, including waste prevention and reuse. The department may enter into agreements with public bodies to establish a program to reduce the environmental impacts of covered products. The department may provide grants or loans in order to reduce the environmental impacts of covered products. Entities eligible for a grant or loan include, but are not limited to:
(a) Public bodies;
(b) Tribal governments;
(c) Nonprofit organizations; and
(d) Private organizations, if the department determines that the funds would be used for the public benefit.
(3) In providing grants or loans for programs under this section, the department must consider criteria that include, but are not limited to:
(a) The environmental benefits of the program;
(b) The human health benefits of the program;
(c) The social and economic benefits of the program;
(d) The cost-effectiveness of the program; and
(e) The needs of economically distressed or underserved communities.
(4) In addition to the fees established under ORS 459A.938, the Environmental Quality Commission shall establish a waste prevention and reuse fee to be paid by producer responsibility organizations. The fee established under this subsection must be reasonably calculated to support the programs established under this section. The fee charged to any producer responsibility organization may not exceed 10 percent of the three-year average of the organization’s annual expenditures, excluding payments of the fee established under this section, as described in the organizations’ annual reports submitted under ORS 459A.887. Fees collected under this subsection must be deposited in the Waste Prevention and Reuse Fund established under ORS 459A.950. [2021 c.681 §32]