76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 236
Senate Bill 1512
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Environment and Natural Resources)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Makes legislative findings regarding lighting that contains
mercury. Prohibits sale or offer for sale of lighting that
contains mercury in excess of specified amounts. Makes sale or
offer for sale of certain lighting that contains mercury unlawful
trade practice. Specifies state procurement policy related to
lighting that contains mercury. Requires certain reports to
Legislative Assembly.
A BILL FOR AN ACT
Relating to lighting that contains mercury; creating new
provisions; and amending ORS 459A.010 and 646.608.
Be It Enacted by the People of the State of Oregon:
{ +
FINDINGS + }
SECTION 1. { + The Legislative Assembly finds that it is in
the best interest of this state to:
(1) Reduce the amount of mercury in lighting that contains
mercury; and
(2) Continue to work with federal, state and local government
agencies as well as manufacturers, retailers and others to expand
opportunities for consumers to recycle lighting that contains
mercury. + }
{ +
DEFINITIONS + }
SECTION 2. { + (1) 'Lighting that contains mercury' means an
electric lamp to which mercury or mercury compounds are added
during the manufacturing process.
(2) 'Long lifetime' means lighting that contains mercury with a
rated lifetime of 24,000 hours or more when tested on a ballast
and turned on and off every three hours in accordance with test
procedures of the United States Department of Energy in effect on
the effective date of this 2012 Act.
(3) 'Normal lifetime' means lighting that contains mercury with
a lifetime of less than 24,000 hours when tested on a ballast and
turned on and off every three hours in accordance with test
procedures of the United States Department of Energy in effect on
the effective date of this 2012 Act.
(4)(a) 'Producer of lighting that contains mercury' means any
person that:
(A) Manufactures and sells lighting that contains mercury under
its own brand;
(B) Resells under its own brand lighting that contains mercury
produced by other suppliers;
(C) Imports or exports lighting that contains mercury on a
professional basis; or
(D) Serves as the importer or domestic distributor of lighting
that contains mercury if the brand name owner is located outside
of the United States.
(b) 'Producer of lighting that contains mercury' does not mean
a reseller of lighting that contains mercury if the brand of the
manufacturer of the lighting that contains mercury appears on the
lighting. + }
{ +
MERCURY CONTENT STANDARDS + }
SECTION 3. { + (1) A producer of lighting that contains
mercury may not sell, offer for sale or distribute in this state
any lighting that contains mercury in an amount exceeding the
following mercury content standards:
(a) 3.5 milligrams for compact fluorescent lighting less than
30 watts.
(b) 3.0 milligrams for straight fluorescent T5 lighting with a
normal lifetime.
(c) 3.5 milligrams for straight fluorescent T8 lighting with a
normal lifetime.
(d) 5.0 milligrams for straight fluorescent T5 and T8 lighting
with a long lifetime.
(e) 15.0 milligrams for nonlinear fluorescent T5, T8 and T12
lighting and 8-foot linear fluorescent lighting.
(2) The mercury content standard specified in:
(a) Subsection (1)(c) of this section does not apply to 8-foot
models of straight fluorescent T8 lighting.
(b) Subsection (1)(e) of this section does not apply to
high-output models of nonlinear fluorescent T5, T8 and T12
lighting and high-output models of 8-foot linear fluorescent
lighting. + }
{ +
JANUARY 1, 2014, REPORT TO LEGISLATIVE ASSEMBLY + }
SECTION 4. { + On or after January 1, 2014, the Department of
Environmental Quality shall report to the Legislative Assembly in
the manner provided by ORS 192.245 if the department determines
that the State of California has adopted, in whole or in part,
the mercury content standards for compact fluorescent lamps
contained in the RoHS 2 Directive, Directive 2011/65/EC, adopted
by the European Parliament and the Council of the European Union
on June 8, 2011, on the restriction of certain hazardous
substances in electrical and electronic equipment. The department
shall also consider any amendments to the RoHS 2 Directive. The
report must also include the department's recommendation on
whether the Legislative Assembly should change the amount of
mercury allowed under the mercury content standards established
by section 3 of this 2012 Act. + }
{ +
STATE PROCUREMENT POLICY + }
SECTION 5. { + When making procurement decisions on lighting
that contains mercury, the Oregon Department of Administrative
Services, after consultation with the Department of Environmental
Quality, shall request information on mercury content, energy
use, lumen output and lighting lifetime from potential suppliers
and shall, in accordance with the Public Contracting Code and
rules adopted under the Public Contracting Code, issue
specifications and make procurement decisions that favor lighting
that contains mercury that meets the mercury content standards
established by section 3 of this 2012 Act. + }
{ +
COLLECTION AND RECYCLING + }
SECTION 6. ORS 459A.010 is amended to read:
459A.010. (1) It is the goal of the State of Oregon that:
(a) For the calendar year 2005, the amount of recovery from the
general solid waste stream shall be at least 45 percent;
(b) For the calendar year 2009, the amount of recovery from the
general solid waste stream shall be at least 50 percent;
(c) For the calendar year 2005 and subsequent years, that there
be no annual increase in per capita municipal solid waste
generation; and
(d) For the calendar year 2009 and subsequent years, that there
be no annual increase in total municipal solid waste generation.
(2) In addition to the requirements of ORS 459A.005, the '
opportunity to recycle' shall include the requirements of
subsection (3) of this section using the following program
elements:
(a) Provision of at least one durable recycling container to
each residential service customer.
(b) On-route collection at least once each week of source
separated recyclable material to residential customers, provided
on the same day that solid waste is collected from each customer.
(c) An expanded education and promotion program conducted to
carry out the policy set forth in ORS 459.015, to inform solid
waste generators of the manner and benefits of reducing, reusing,
recycling and composting material and to promote use of recycling
services { + , including those for lighting that contains mercury
as defined in section 2 of this 2012 Act + }. The city, county or
metropolitan service district responsible for providing an
opportunity to recycle under ORS 459A.005 and this section shall
provide the education and promotion program in either of the
following two ways:
(A) Preparing and implementing an education and promotion plan
that includes actions to effectively reach solid waste generators
and all new and existing collection service customers, as
necessary to fulfill the intent of this paragraph. The plan shall
be submitted to the Department of Environmental Quality the first
year that the plan is in effect. Thereafter, the wasteshed shall
submit a summary of activities in the plan to the Department of
Environmental Quality at the same time the county submits the
periodic report required under ORS 459A.050 (1)(a). The summary
shall cover at least the time period until the next periodic
report is due to the department.
(B) Implementing all of the following:
(i) Provision of recycling notification and education packets
to all new residential, commercial and institutional collection
service customers that include at a minimum the materials
collected, the schedule for collection, the way to prepare
materials for collection and the reasons persons should separate
their material for recycling. The educational and promotional
materials provided to commercial collection customers should be
targeted to meet the needs of various types of businesses and
should include reasons to recycle, including economic benefits,
common barriers to recycling and solutions, additional resources
for commercial generators of solid waste and other information
designed to assist and encourage recycling efforts. The
educational and promotional materials provided to commercial
collection customers shall encourage each commercial collection
customer to have a goal to achieve 50 percent recovery from its
solid waste stream by the year 2009.
(ii) Provision of recycling information in a variety of formats
and materials at least four times a calendar year to collection
service customers that includes at a minimum the materials
collected and the schedule for collection.
(iii) Provision at least annually to all residential,
commercial and institutional collection service customers, of the
information under sub-subparagraph (i) of this subparagraph.
(iv) Targeting of community and media events to promote
recycling.
(d) Collection of at least four principal recyclable materials
or the number of materials required to be collected under the
residential on-route collection program, whichever is less, from
each multifamily dwelling complex having five or more units. The
multifamily collection program shall include promotion and
education directed to the residents of the multifamily dwelling
units.
(e) An effective residential yard debris collection and
composting program that includes the promotion of home composting
of yard debris, and that also includes either:
(A) Monthly or more frequent on-route collection of yard debris
from residences for production of compost or other marketable
products; or
(B) A system of yard debris collection depots conveniently
located and open to the public at least once a week.
(f) A commercial recycling program that includes:
(A) Weekly, or on a more appropriate regular schedule, onsite
collection of source separated principal recyclable materials
from, at a minimum, commercial solid waste generators employing
10 or more persons and occupying 1,000 square feet or more in a
single location.
(B) An education and promotion program conducted to inform all
commercial generators of solid waste of the manner and benefits
of the commercial recycling program that provides effective
promotion of the program to the generators.
(C) In addition to the requirements of subparagraphs (A) and
(B) of this paragraph, a commercial recycling program may also
consist of other elements including but not limited to waste
assessments and recycling recognition programs. A wasteshed is
encouraged to involve local business organizations in publicly
recognizing outstanding recycling efforts by commercial
generators of solid waste. The recognition may include awards
designed to provide additional incentives to increase recycling
efforts.
(D) Each commercial generator of solid waste shall strive to
achieve 50 percent recovery from its solid waste stream by the
year 2009.
(g) Expanded depots for recycling of at least all principal
recyclable materials and provisions for promotion and education
to maximize the use of the depots. The depots shall have regular
and convenient hours and shall be open on the weekend days and,
when feasible, shall collect additional recyclable materials.
(h) Solid waste residential collection rates that encourage
waste reduction, reuse and recycling through reduced rates for
smaller containers, including at least one rate for a container
that is 21 gallons or less in size. Based on the average weight
of solid waste disposed per container for containers of different
sizes, the rate on a per pound disposed basis shall not decrease
with increasing size of containers, nor shall the rates per
container service be less with additional containers serviced.
(i) A collection and composting system for food, paper that is
not recyclable because of contamination and other compostable
waste from commercial and institutional entities that generate
large amounts of such wastes.
(3)(a) Each city with a population of at least 4,000 but not
more than 10,000 that is not within a metropolitan service
district and any county responsible for the area between the city
limits and the urban growth boundary of such city shall implement
one of the following:
(A) The program elements set forth in subsection (2)(a), (b)
and (c) of this section;
(B) A program that includes at least three elements set forth
in subsection (2) of this section; or
(C) An alternative method of achieving recovery rates that
complies with rules of the Environmental Quality Commission.
(b) Each city that is within a metropolitan service district or
that has a population of more than 10,000 and any county
responsible for the area within a metropolitan service district
or the area between the city limits and the urban growth boundary
of such city shall implement one of the following:
(A) Program elements set forth under subsection (2)(a), (b) and
(c) of this section and one additional element set forth under
subsection (2) of this section;
(B) A program that includes at least five elements set forth
under subsection (2) of this section; or
(C) An alternative method of achieving recovery rates that
complies with rules of the Environmental Quality Commission.
(4)(a) Recovery rates shall be determined by dividing the total
weight of material recovered by the sum of the total weight of
the material recovered plus the total weight of solid waste
disposed that was generated in each wasteshed. It is the policy
of the State of Oregon that recovery of material shall be
consistent with the priority of solid waste management in ORS
459.015 (2).
(b) Each wasteshed implementing a waste prevention program
shall receive a two percent credit on the wasteshed's recovery
rate. A waste prevention program shall include:
(A) A wasteshed-wide program to provide general educational
materials to residents about waste prevention and examples of
things residents can do to prevent generation of waste; and
(B) Two of the following:
(i) Reduce the wasteshed annual per capita waste generation by
two percent each year;
(ii) Conduct a waste prevention media promotion campaign
targeted at residential generators;
(iii) Expand the education program in primary and secondary
schools to include waste prevention and reuse;
(iv) Household hazardous waste prevention education program;
(v) Local governments will conduct waste prevention assessments
of their operations, or provide waste prevention assessments for
businesses and institutions and document any waste prevention
measures implemented;
(vi) Conduct a material specific waste prevention campaign for
businesses throughout the wasteshed;
(vii) Implement a Resource Efficiency Model City program;
(viii) Conduct a material-specific waste prevention education
campaign that focuses on a toxic or energy-intensive material;
(ix) Local governments will implement programs to buy
recycled-content products for their operations, consistent with
procurement guidelines issued by the United States Environmental
Protection Agency; or
(x) Local governments will implement programs for new
construction and remodeling of local government buildings that
incorporate recycled-content materials, energy conservation
features, water conservation and stormwater management features
and other elements to increase the resource efficiency and lower
the environmental impact of these buildings.
(c) Each wasteshed implementing a reuse program shall receive a
two percent credit on the wasteshed's recovery rate. A reuse
program shall include:
(A) A promotion and education campaign on the benefits and
opportunities for reuse available to the public in the wasteshed;
and
(B) Two of the following:
(i) Operate construction and demolition debris salvage programs
with depots;
(ii) Promote reuse programs offered by local resale businesses,
thrift stores and equipment vendors, such as computer and
photocopier refurbishers, to the public and businesses;
(iii) Identify and promote local businesses that will take back
white goods for refurbishing and resale to the public;
(iv) Develop and promote use of waste exchange programs for the
public and private sectors;
(v) Site accommodation for recovery of reusable material at
transfer stations and landfills; or
(vi) Sidewalk pickup or community fair program in cities over
4,000 population in the wasteshed.
(d) Each wasteshed implementing a residential composting
program shall receive a two percent credit on the wasteshed's
recovery rate. A residential composting program shall include:
(A) Promotion of the residential composting program through
public information and demonstration sites or sites; and
(B) Two of the following:
(i) A program to encourage leaving grass clippings generated by
lawn mowing on-site rather than bagging the clippings for
disposal or composting;
(ii) A composting program for local schools;
(iii) An increase in availability of compost bins for
residents; or
(iv) Another program increasing a household's ability to manage
yard trimmings or food wastes.
(e) A wasteshed may receive, upon application to the Department
of Environmental Quality, a recovery credit greater than two
percent for a residential composting program. To receive the
recovery credit under this paragraph, the wasteshed must provide
quantitatively verifiable documentation of residential composting
tonnage to the department. The documentation must show that more
than two percent of the wasteshed's generated tonnage of solid
waste is diverted from the wastestream by residential composting.
(f)(A) If there is not a viable market for recycling a material
under paragraph (a) of this subsection, the composting or burning
of the material for energy recovery may be included in the
recovery rate for the wasteshed.
(B) If the material is burned for energy recovery and then
included in the recovery rate for Clackamas, Multnomah or
Washington Counties in aggregate or for Benton, Lane, Linn,
Marion, Polk or Yamhill County wastesheds, the same material,
when burned as part of mixed solid waste, may be included in the
recovery rate for a wasteshed that burns mixed solid waste for
energy recovery. The amount of the material within the mixed
solid waste that may be included in the recovery rate for energy
recovery shall be determined by a waste composition study
performed by the wasteshed at least every four years.
(C) Mixtures of materials that are composted or burned for
energy recovery shall not be included in the recovery rate if
more than half of the mixed materials by weight could have been
recycled if properly source separated.
(D) In its annual report to the department, the county or
metropolitan service district shall state how much composting or
energy recovery under this paragraph is included as recovery and
state the basis for the determination that there was not a viable
market for recycling the material.
(E) As used in this paragraph, 'viable market' means a place
within a wasteshed that will pay for the material or accept the
material free of charge or a place outside a wasteshed that will
pay a price for the material that, at minimum, covers the cost of
transportation of the material.
(g) Recovery rates shall not include:
(A) Industrial and manufacturing wastes such as boxboard
clippings and metal trim that are recycled before becoming part
of a product that has entered the wholesale or retail market.
(B) Metal demolition debris in which arrangements are made to
sell or give the material to processors before demolition such
that it does not enter the solid waste stream.
(C) Discarded vehicles or parts of vehicles that do not
routinely enter the solid waste stream.
(D) Material recovered for composting or energy recovery from
mixed solid waste, except as provided in paragraph (f) of this
subsection.
(h) 'Solid waste disposed' shall mean the total weight of solid
waste disposed other than the following:
(A) Sewage sludge or septic tank and cesspool pumpings;
(B) Waste disposed of at an industrial waste disposal site;
(C) Industrial waste, ash, inert rock, dirt, plaster, asphalt
and similar material if delivered to a municipal solid waste
disposal site or demolition disposal site and if a record is kept
of such deliveries and submitted as part of the annual report
submitted under ORS 459A.050;
(D) Waste received at an ash monofill from an energy recovery
facility; and
(E) Solid waste not generated within this state.
(i) The statewide recovery rate shall include the two percent
credit for reuse programs under paragraph (c) of this subsection
and the credit for residential composting under paragraphs (d)
and (e) of this subsection, beginning with the statewide recovery
rate calculated for the calendar year 2001.
(5)(a) Each local government that franchises or licenses the
collection of solid waste and establishes the rates to be charged
for collection service shall either:
(A) Include in those rates all net costs incurred by the
franchisee or licensee for providing the 'opportunity to recycle'
under ORS 459A.005 and for implementing the requirements of
subsection (3) of this section; or
(B) Fund implementation of the 'opportunity to recycle ' under
ORS 459A.005 or the requirements of subsection (3) of this
section through an alternative source of funding including but
not limited to disposal fees.
(b) As used in this subsection, 'net costs' includes but is not
limited to the reasonable costs for collecting, handling,
processing, storing, transporting and delivering recyclable
material to market and for providing any required education and
promotion or data collection services adjusted by a factor to
account for proceeds from the sale of recyclable material.
(6)(a) Clackamas, Multnomah and Washington counties, in
aggregate, shall achieve a recovery rate of 62 percent for the
calendar year 2005 and 64 percent for the calendar year 2009.
(b) The wastesheds shall achieve the following recovery rates
for the calendar year 2005:
(A) Baker County, 25 percent;
(B) Benton County, 45 percent;
(C) Clatsop County, 25 percent;
(D) Columbia County, 28 percent;
(E) Coos County, 30 percent;
(F) Crook County, 20 percent;
(G) Curry County, 30 percent;
(H) Deschutes County, 32 percent;
(I) Douglas County, 35 percent;
(J) Gilliam County, 20 percent;
(K) Grant County, 19 percent;
(L) Harney County, 30 percent;
(M) Hood River County, 25 percent;
(N) Jackson County, 40 percent;
(O) Jefferson County, 25 percent;
(P) Josephine County, 38 percent;
(Q) Klamath County, 15 percent;
(R) Lake County, 8 percent;
(S) Lane County, 45 percent;
(T) Lincoln County, 19 percent;
(U) Linn County, 40 percent;
(V) Malheur County, 21 percent;
(W) Marion County, 37 percent;
(X) City of Milton-Freewater, 22 percent;
(Y) Morrow County, 18 percent;
(Z) Polk County, 30 percent;
(AA) Sherman County, 20 percent;
(BB) Tillamook County, 30 percent;
(CC) Umatilla County, 20 percent;
(DD) Union County, 25 percent;
(EE) Wallowa County, 20 percent;
(FF) Wasco County, 35 percent;
(GG) Wheeler County, 20 percent; and
(HH) Yamhill County, 39 percent.
(c) The wastesheds shall achieve the following recovery rates
for the calendar year 2009:
(A) Baker County, 25 percent;
(B) Benton County, 50 percent;
(C) Clatsop County, 25 percent;
(D) Columbia County, 32 percent;
(E) Coos County, 30 percent;
(F) Crook County, 20 percent;
(G) Curry County, 30 percent;
(H) Deschutes County, 45 percent;
(I) Douglas County, 40 percent;
(J) Gilliam County, 20 percent;
(K) Grant County, 19 percent;
(L) Harney County, 40 percent;
(M) Hood River County, 25 percent;
(N) Jackson County, 40 percent;
(O) Jefferson County, 25 percent;
(P) Josephine County, 38 percent;
(Q) Klamath County, 20 percent;
(R) Lake County, 10 percent;
(S) Lane County, 54 percent;
(T) Lincoln County, 20 percent;
(U) Linn County, 40 percent;
(V) Malheur County, 22 percent;
(W) Marion County, 54 percent;
(X) City of Milton-Freewater, 25 percent;
(Y) Morrow County, 20 percent;
(Z) Polk County, 35 percent;
(AA) Sherman County, 20 percent;
(BB) Tillamook County, 30 percent;
(CC) Umatilla County, 20 percent;
(DD) Union County, 25 percent;
(EE) Wallowa County, 20 percent;
(FF) Wasco County, 35 percent;
(GG) Wheeler County, 20 percent; and
(HH) Yamhill County, 45 percent.
(d) Each wasteshed shall prepare an individualized plan that
identifies policies or programs specific to the wasteshed's local
conditions to achieve the required recovery goals. The plan shall
be available to the department upon the department's request by
December 31, 2001. The plan shall be updated by December 31,
2006, and updated again by December 31, 2010. Clackamas,
Multnomah and Washington Counties, in aggregate, may meet this
requirement through the programs under ORS 459.340, 459.345,
459.350 and 459A.050.
(e) If a wasteshed does not achieve its 2005 or 2009 waste
recovery goal, the wasteshed shall conduct a technical review of
existing policies or programs and determine revisions to meet the
recovery goal. The department shall, upon the request of the
wasteshed, assist in the technical review. The wasteshed may
request, and may assist the department in conducting, a technical
review to determine whether the wasteshed goal is valid.
(7) In calculating the recovery rates set forth in subsection
(6) of this section, commercial, industrial and demolition scrap
metal, vehicles, major equipment and home or industrial
appliances that are handled or processed for use in manufacturing
new products and that do not routinely enter the solid waste
stream through land disposal facilities, transfer stations,
recycling depots or on-route collection programs shall not be
counted as material recovery or recycling. The department shall
annually conduct an industry survey to determine the contribution
of post-consumer residential scrap metal, including home
appliances, to recycling and recovery levels in a manner which
prevents double counting of material recovered. Information
collected under the provisions of this section, as it relates
specifically to private sector customer lists or specific amounts
and types of materials collected or marketed, shall be maintained
as confidential by the department and exempt from disclosure
under ORS 192.410 to 192.505. The department may use and disclose
such information in aggregated form.
{ +
UNLAWFUL TRADE PRACTICES + }
SECTION 7. ORS 646.608 is amended to read:
646.608. (1) A person engages in an unlawful practice when in
the course of the person's business, vocation or occupation the
person does any of the following:
(a) Passes off real estate, goods or services as those of
another.
(b) Causes likelihood of confusion or of misunderstanding as to
the source, sponsorship, approval, or certification of real
estate, goods or services.
(c) Causes likelihood of confusion or of misunderstanding as to
affiliation, connection, or association with, or certification
by, another.
(d) Uses deceptive representations or designations of
geographic origin in connection with real estate, goods or
services.
(e) Represents that real estate, goods or services have
sponsorship, approval, characteristics, ingredients, uses,
benefits, quantities or qualities that they do not have or that a
person has a sponsorship, approval, status, qualification,
affiliation, or connection that the person does not have.
(f) Represents that real estate or goods are original or new if
they are deteriorated, altered, reconditioned, reclaimed, used or
secondhand.
(g) Represents that real estate, goods or services are of a
particular standard, quality, or grade, or that real estate or
goods are of a particular style or model, if they are of another.
(h) Disparages the real estate, goods, services, property or
business of a customer or another by false or misleading
representations of fact.
(i) Advertises real estate, goods or services with intent not
to provide them as advertised, or with intent not to supply
reasonably expectable public demand, unless the advertisement
discloses a limitation of quantity.
(j) Makes false or misleading representations of fact
concerning the reasons for, existence of, or amounts of price
reductions.
(k) Makes false or misleading representations concerning credit
availability or the nature of the transaction or obligation
incurred.
(L) Makes false or misleading representations relating to
commissions or other compensation to be paid in exchange for
permitting real estate, goods or services to be used for model or
demonstration purposes or in exchange for submitting names of
potential customers.
(m) Performs service on or dismantles any goods or real estate
when not authorized by the owner or apparent owner thereof.
(n) Solicits potential customers by telephone or door to door
as a seller unless the person provides the information required
under ORS 646.611.
(o) In a sale, rental or other disposition of real estate,
goods or services, gives or offers to give a rebate or discount
or otherwise pays or offers to pay value to the customer in
consideration of the customer giving to the person the names of
prospective purchasers, lessees, or borrowers, or otherwise
aiding the person in making a sale, lease, or loan to another
person, if earning the rebate, discount or other value is
contingent upon occurrence of an event subsequent to the time the
customer enters into the transaction.
(p) Makes any false or misleading statement about a prize,
contest or promotion used to publicize a product, business or
service.
(q) Promises to deliver real estate, goods or services within a
certain period of time with intent not to deliver them as
promised.
(r) Organizes or induces or attempts to induce membership in a
pyramid club.
(s) Makes false or misleading representations of fact
concerning the offering price of, or the person's cost for real
estate, goods or services.
(t) Concurrent with tender or delivery of any real estate,
goods or services fails to disclose any known material defect or
material nonconformity.
(u) Engages in any other unfair or deceptive conduct in trade
or commerce.
(v) Violates any of the provisions relating to auction sales,
auctioneers or auction marts under ORS 698.640, whether in a
commercial or noncommercial situation.
(w) Manufactures mercury fever thermometers.
(x) Sells or supplies mercury fever thermometers unless the
thermometer is required by federal law, or is:
(A) Prescribed by a person licensed under ORS chapter 677; and
(B) Supplied with instructions on the careful handling of the
thermometer to avoid breakage and on the proper cleanup of
mercury should breakage occur.
(y) Sells a thermostat that contains mercury unless the
thermostat is labeled in a manner to inform the purchaser that
mercury is present in the thermostat and that the thermostat may
not be disposed of until the mercury is removed, reused, recycled
or otherwise managed to ensure that the mercury does not become
part of the solid waste stream or wastewater. For purposes of
this paragraph, 'thermostat' means a device commonly used to
sense and, through electrical communication with heating, cooling
or ventilation equipment, control room temperature.
(z) Sells or offers for sale a motor vehicle manufactured after
January 1, 2006, that contains mercury light switches.
(aa) Violates the provisions of ORS 803.375, 803.385 or 815.410
to 815.430.
(bb) Violates ORS 646A.070 (1).
(cc) Violates any requirement of ORS 646A.030 to 646A.040.
(dd) Violates the provisions of ORS 128.801 to 128.898.
(ee) Violates ORS 646.883 or 646.885.
(ff) Violates ORS 646.569.
(gg) Violates the provisions of ORS 646A.142.
(hh) Violates ORS 646A.360.
(ii) Violates ORS 646.553 or 646.557 or any rule adopted
pursuant thereto.
(jj) Violates ORS 646.563.
(kk) Violates ORS 759.690 or any rule adopted pursuant thereto.
(LL) Violates the provisions of ORS 759.705, 759.710 and
759.720 or any rule adopted pursuant thereto.
(mm) Violates ORS 646A.210 or 646A.214.
(nn) Violates any provision of ORS 646A.124 to 646A.134.
(oo) Violates ORS 646A.095.
(pp) Violates ORS 822.046.
(qq) Violates ORS 128.001.
(rr) Violates ORS 646.649 (2) to (4).
(ss) Violates ORS 646A.090 (2) to (4).
(tt) Violates ORS 87.686.
(uu) Violates ORS 646.651.
(vv) Violates ORS 646A.362.
(ww) Violates ORS 646A.052 or any rule adopted under ORS
646A.052 or 646A.054.
(xx) Violates ORS 180.440 (1) or 180.486 (1).
(yy) Commits the offense of acting as a vehicle dealer without
a certificate under ORS 822.005.
(zz) Violates ORS 87.007 (2) or (3).
(aaa) Violates ORS 92.405 (1), (2) or (3).
(bbb) Engages in an unlawful practice under ORS 646.648.
(ccc) Violates ORS 646A.365.
(ddd) Violates ORS 98.854 or 98.858 or a rule adopted under ORS
98.864.
(eee) Sells a gift card in violation of ORS 646A.276.
(fff) Violates ORS 646A.102, 646A.106 or 646A.108.
(ggg) Violates ORS 646A.430 to 646A.450.
(hhh) Violates a provision of ORS 744.318 to 744.384, 744.991
and 744.992.
(iii) Violates a provision of ORS 646A.702 to 646A.720.
(jjj) Violates ORS 646A.530 30 or more days after a recall
notice, warning or declaration described in ORS 646A.530 is
issued for the children's product, as defined in ORS 646A.525,
that is the subject of the violation.
(kkk) Violates a provision of ORS 697.612, 697.642, 697.652,
697.662, 697.682, 697.692 or 697.707.
(LLL) Violates the consumer protection provisions of the
Servicemembers Civil Relief Act, 50 U.S.C. App. 501 et seq., as
in effect on January 1, 2010.
(mmm) Violates a provision of ORS 646A.480 to 646A.495.
(nnn) Violates ORS 646A.082.
(ooo) Violates ORS 646.647.
(ppp) Violates ORS 646A.115.
(qqq) Violates a provision of ORS 646A.405.
(rrr) Violates ORS 646A.092.
(sss) Violates a provision of ORS 646.644.
(ttt) Violates a provision of ORS 646A.295.
{ + (uuu) Violates section 3 of this 2012 Act. + }
(2) A representation under subsection (1) of this section or
ORS 646.607 may be any manifestation of any assertion by words or
conduct, including, but not limited to, a failure to disclose a
fact.
(3) In order to prevail in an action or suit under ORS 646.605
to 646.652, a prosecuting attorney need not prove competition
between the parties or actual confusion or misunderstanding.
(4) An action or suit may not be brought under subsection
(1)(u) of this section unless the Attorney General has first
established a rule in accordance with the provisions of ORS
chapter 183 declaring the conduct to be unfair or deceptive in
trade or commerce.
(5) Notwithstanding any other provision of ORS 646.605 to
646.652, if an action or suit is brought under subsection (1)(xx)
of this section by a person other than a prosecuting attorney,
relief is limited to an injunction and the prevailing party may
be awarded reasonable attorney fees.
{ +
OCTOBER 1, 2012, REPORT TO LEGISLATIVE ASSEMBLY + }
SECTION 8. { + (1) No later than October 1, 2012, the
Department of Environmental Quality shall submit a report to the
Legislative Assembly in the manner provided by ORS 192.245 with
recommendations regarding:
(a) The most effective, cost-efficient and convenient method in
this state to provide for the proper collection and recycling of
lighting that contains mercury.
(b) Methods to educate consumers about the proper management
of, and collection opportunities for, lighting that contains
mercury.
(c) Designations on lighting that contains mercury, and
packaging for lighting that contains mercury, that includes
information about the proper recycling of lighting that contains
mercury.
(2) In preparing these recommendations, the department may
consult with representatives of the lighting industry,
environmental organizations and the recycling industry,
individuals, private sector entities, local governments, public
utilities, and retailers that sell or offer for sale lighting
that contains mercury. + }
{ +
MISCELLANEOUS + }
SECTION 9. { + (1) Section 5 of this 2012 Act applies to
procurement decisions regarding lighting that contains mercury
that are made on or after the effective date of this 2012 Act.
(2) The amendments to ORS 459A.010 by section 6 of this 2012
Act apply to:
(a) Waste reduction programs accepted by the Department of
Environmental Quality under ORS 459.055 on or after the effective
date of this 2012 Act.
(b) Certifications by the Department of Environmental Quality,
or demonstrations made to the Department of Environmental Quality
by disposal site operators, under ORS 459.305 on or after the
effective date of this 2012 Act. + }
SECTION 10. { + The unit captions used in this 2012 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2012 Act. + }
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