Or. Admin. Code § 340-090-0700 - Market Share
Market share as used in ORS 459A.860 to 968 and related rules is a producer's percentage of all covered products sold in or into this state, as calculated in accordance with this rule.
(1) Methods
for Calculating Market Share. Market share will be calculated as follows:
(a) Market share will be denominated by the
percentage of weight (mass) of covered product measured in kilograms.
(b) A producer's market share will be
calculated by dividing the weight of all covered products reported as sold or
distributed by the producer in or into Oregon in a particular program year by
the total weight of all covered products reported as sold or distributed by all
producers in or into Oregon in that year. The sum of market shares across all
producers must equal 1.0000.
(c) A
producer responsibility organization's market share will be calculated by
dividing the summed weight of all covered products reported as sold or
distributed by all of the producer responsibility organization's member
producers in or into Oregon in a particular program year by the total weight of
all covered products reported as sold or distributed by all producers in or
into Oregon in that year. The sum of market shares across all producer
responsibility organizations must equal 1.0000.
(d) A producer must on an annual basis submit
market data establishing the weight of covered products sold or distributed in
or into Oregon to the producer responsibility organization to which it belongs.
Producers must submit a description of their methodology for calculating
covered product weight to the producer responsibility organization along with
the data. Methodology used must be in accordance with applicable best
practices. If estimated market data is submitted by a producer and better
market data becomes available that demonstrates the estimates were not
accurate, the producer must report corrections to the estimated data to the
producer responsibility organization before the next annual reporting
deadline.
(e) When submitting
market data to DEQ in an annual report, a producer responsibility organization
will submit the methodological justifications along with the corresponding
data.
(2) Purpose of and
Method for Calculating Modified Market Share. If DEQ approves more than one
producer responsibility organization plan pursuant to ORS
459A.878, financial obligations
of implementation of provisions ORS
459A.860 to
459A.975, including the costs of
implementing assigned coordination tasks prior to the program start date per
OAR 340-090-0680(1)(c),
will be allocated among the producer responsibility organizations by modified
market share, as provided by this section.
(a)
Modified market share will be denominated in percentage of financial burden
measured in US dollars.
(b) A
producer responsibility organization's modified market share will be calculated
as follows:
(A) The material-specific unit
factor, described in subsection c of this section, is multiplied by the total
weight of covered products of each material reported as sold or distributed in
or into Oregon by each member producer;
(B) The results of paragraph A for each
material and each member producer of the producer responsibility organizations
are summed;
(C) the weight of all
covered product of each material reported as sold or distributed in or into
Oregon in a given year is multiplied by the material-specific unit factors and
the result for each material are summed;
(D) The result of paragraph B is divided by
the result of paragraph C.
(E) The
result of paragraph D is a producer responsibility organization's modified
market share. The sum of modified market shares across all producer
responsibility organizations must equal 1.0000.
(c) The method and process for calculating
material-specific unit factors for individual materials shall be included in
any coordination plan approved by DEQ pursuant to OAR
340-090-0680. During the period
of interim coordination pursuant to OAR
340-090-0680(1),
DEQ will contract with an independent organization to develop and update as
necessary an index of material-specific unit factors.
(3) Interim Reporting of Market Share. By
August 1, 2025, a producer responsibility organization must report information
that will be used to calculate interim market share and interim modified market
share for the 2025 program year to DEQ. Interim market share for the 2025
program year is calculated using the weight of covered product sold into Oregon
in the 2024 calendar year by each member producer, organized by type of
material. Pursuant to ORS
459A.869(12), a
producer responsibility organization's minimum interim market share is
10%.
(4) Preliminary Reporting of
Market Share. Preliminary market share and preliminary modified market share
will be calculated and used as follows:
(a) By
July 1 of each program year, a producer responsibility organization shall
report supply information on the total amount of covered products sold or
distributed in or into this state by participating producers in the prior
calendar year to DEQ annually, pursuant to ORS
459A.887(2)(c).
Beginning in the 2026 program year, DEQ and a producer responsibility
organization coordination body will use the supply information to calculate
preliminary market share and preliminary modified market share for the
following program year.
(b) A
producer responsibility organization shall use the supply information described
in subsection (a) to set fees for their producer members in accordance with ORS
459A.884(1).
From 2026 onward, a producer responsibility organization will set producer fees
using supply data from two years prior to that program year. For example, 2028
fees will be set on the basis of 2026 supply data.
(c) A producer responsibility organization
shall use interim market share and interim modified market share, as described
in Section (3) of this rule, for the 2025 program year as preliminary market
share and preliminary modified market share for the 2026 program
year.
(5) Final
Reporting of Market Share. Final market share and final modified market share
will be calculated and used as follows:
(a) By
March 31 of the following program year, a producer responsibility organization
must submit corrections to the supply information used to calculate interim and
preliminary market share and modified market share, as described in sections 3
and 4. The corrected data will be used to calculate final market share and
final modified market share for the applicable program year.
(b) If there is more than one producer
responsibility organization expenses must be reconciled between the producer
responsibility organizations in proportion to final modified market
share.
(6) DEQ may use
interim, preliminary, or final market share or modified market share data for
its administration and oversight purposes, including for enforcement of the 10
percent minimum PRO market share for operation in the state pursuant to ORS
459A.869(12)
and identification of large producers subject to the life cycle evaluation
requirement at ORS 459A.944(2).
DEQ will use updated supply data for its administration and oversight purposes
as it becomes available.
Notes
Statutory/Other Authority: ORS 459A.975 & 468.020
Statutes/Other Implemented: ORS 459A.860 - 459A.975
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.