Historically, millions of tons of plastics collected for recycling in America and Europe were sent to China to be processed into raw materials for use by various industries. While it was not widely known, many of these materials were being incinerated or buried in Chinese landfills because they were too contaminated with garbage or other materials to be recycled successfully. In 2018, China announced it would stop taking plastics for recycling, shining a spotlight on the fact there really isn’t a practical way to recycle many “recyclable” plastics.

In response, Oregon’s Department of Environmental Quality (DEQ) convened the Recycling Steering Committee, which began meeting in early 2019 and spent more than a year rethinking Oregon’s approach to plastic waste disposal. A consensus developed around a proposal, which the State Legislature refined and enacted in its 2021 Legislative Session: Senate Bill 582, the Plastic Pollution and Recycling Modernization Act. The Association of Oregon Counties (AOC), in addition to several local governments, supported the bill. It took effect a few months ago, beginning a four-year timeline for building out the new system. The new programs are expected to be operational in 2025.

The new law maintains local governments’ existing recycling responsibilities, and retains local control over how recycling is provided within communities. DEQ anticipates the new system will provide local governments with a host of new options and benefits. The law also requires DEQ to establish statewide standards for what materials can actually be recycled throughout Oregon so products sold here can be labeled accurately; products will eventually be required to be labeled with that information. SB 582 also required companies that produce packaging, containers, and paper products to join Producer Responsibility Organizations (PROs), to help local governments pay for the cost of recycling these materials. 

In order to try to deal with the challenges created by misleading labeling and confusing claims regarding the recyclability of products and packaging, the new law created the Truth in Labeling Task Force, which is due to report to the State Legislature next month. Three members from counties have been serving on the task force: Lane County Waste Reduction Specialist, Maya Buelow; Washington County Solid Waste and Recycling Manager, Thomas Egleston; and Wasco County Commissioner Steve Kramer, who was a leading voice in the SB 582 conversation during the 2021 Legislative Session.

There will be many opportunities for public comment and local government input in the coming months and years as all the details of the new system are fleshed out. The new law created a permanent advisory body, the Oregon Recycling System Advisory Council, to provide recommendations on key elements of the recycling system and implementation of SB 582, with several seats reserved for local government representatives. The governor appointed two county representatives to the council: Lane County Waste Reduction Program Supervisor, Angie Marzano, and Wasco County Commissioner Steve Kramer. The council met for the first time on May 11 of this year, and will be meeting on a quarterly basis going forward.

DEQ is now in the process of reaching out directly to local governments to solicit input on their draft rules. The agency is currently putting together a Rulemaking Advisory Committee (RAC) to advise them around the specific questions of how local governments should be compensated, which materials should be deemed recyclable throughout the state, and what should be required of PROs. AOC Legislative Director Mallorie Roberts is seeking appointment to the RAC. A second RAC will be convened late this year.

DEQ has created a webpage detailing their implementation work and all the ways to engage with it. In addition, a series of informational meetings for local governments are being planned for this summer, where attendees will hear an overview of the Plastic Pollution and Recycling Modernization Act and review topics that most impact local governments – the schedule is forthcoming and anticipated to be released in short order. AOC will continue monitoring DEQ’s work implementing the new law and helping ensure counties are able to take advantage of every opportunity to influence the new system.

Contributed by: Michael Burdick | Legislative Affairs Manager