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art.005/1
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ARTICLE 5 1
RELATING TO ENERGY AND THE ENVIRONMENT 2
SECTION 1. Sections 23-24.12-2 and 23-24.12-3 of the General Laws in Chapter 23-24.12 3
entitled “Proper Management of Unused Paint” are hereby amended to read as follows: 4
23-24.12-2. Management of unused architectural paint — Definitions. 5
(1) “Architectural paint” means interior and exterior architectural coatings sold in 6
containers of five (5) gallons or less. Architectural paint does not include industrial, original 7
equipment or specialty coatings. 8
(2) “Department” means the department of environmental management. 9
(3) “Director” means the director of the department of environmental management. 10
(4) “Distributor” means a company that has a contractual relationship with one or more 11
producers to market and sell architectural paint to retailers in this state. 12
(5) “Environmentally sound management practices” means procedures for the collection, 13
storage, transportation, reuse, recycling and disposal of architectural paint, to be implemented by 14
the representative implementing organization or such representative implementing organization’s 15
contracted partners to ensure compliance with all applicable federal, state and local laws, 16
regulations and ordinances and the protection of human health and the environment. 17
Environmentally sound management practices include, but are not limited to, record keeping, the 18
tracking and documenting of the use and disposition of post-consumer paint in and outside of this 19
state, and environmental liability coverage for professional services and for the operations of the 20
contractors working on behalf of the representative implementing organization. 21
(6) “Paint stewardship assessment” means the amount added to the purchase price of 22
architectural paint sold in this state that is necessary to cover the cost of collecting, transporting 23
and processing post-consumer paint by the representative implementing organization pursuant to 24
the paint stewardship program. 25
(7) “Post-consumer paint” means architectural paint that is not used and that is no longer 26
wanted by a purchaser of architectural paint. 27
(8) “Producer” means a manufacturer of architectural paint who sells, offers for sale, 28
distributes or contracts to distribute architectural paint in this state. 29
(9) “Recycling” means any process by which discarded products, components and by-30
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products are transformed into new, usable or marketable materials in a manner in which the original 1
products may lose their identity. 2
(10) “Representative Implementing organization” means the nonprofit organization created 3
by producers selected by the department to implement the paint stewardship program described in 4
§ 23-24.11-3 23-24.12-3. 5
(11) “Retailer” means any person who offers architectural paint for sale at retail in this 6
state. 7
(12) “Reuse” means the return of a product into the economic stream for use in the same 8
kind of application as the product was originally intended to be used, without a change in the 9
product’s identity. 10
(13) “Sell” or “sale” means any transfer of title for consideration including, but not limited 11
to, remote sales conducted through sales outlets, catalogues, the Internet or any other similar 12
electronic means. 13
23-24.12-3. Establishment of paint stewardship program. 14
(a) On or before March 1, 2014, each producer shall join the representative organization 15
and such representative organization shall submit a plan for the establishment of a paint stewardship 16
program to the department for approval. The program shall minimize the public sector involvement 17
in the management of post-consumer paint by reducing the generation of post-consumer paint, 18
negotiating agreements to collect, transport, reuse, recycle, and/or burn for energy recovery at an 19
appropriately licensed facility post-consumer paint using environmentally sound management 20
practices. No later than December 31, 2023, and every five years thereafter, the department shall 21
issue a solicitation seeking an organization or entity to implement and administer the paint 22
stewardship program as described in this section. The solicitation shall be competitive and 23
administered consistent with state procurement law. The paint stewardship program in effect at the 24
time that this statute is enacted shall remain in effect until such time as an organization or entity is 25
selected by the department to administer the program. 26
(b) The program shall also provide for convenient and available state-wide collection of 27
post-consumer paint that, at a minimum, provides for collection rates and convenience greater than 28
the collection programs available to consumers prior to such paint stewardship program; propose a 29
paint stewardship assessment; include a funding mechanism that requires each producer who 30
participates in the representative organization to remit to the representative organization payment 31
of the paint stewardship assessment for each container of architectural paint sold within the state; 32
include an education and outreach program to help ensure the success of the program; and, work 33
with the department and Rhode Island commerce corporation to identify ways in which the state 34
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can motivate local infrastructure investment, business development and job creation related to the 1
collection, transportation and processing of post-consumer paint. Each proposal submitted to the 2
department shall include, at a minimum, the following elements: 3
(1) Recommendations to minimize the public sector involvement in the management of 4
post-consumer paint by reducing the generation of post-consumer paint, negotiating agreements to 5
collect, transport, reuse, recycle, and/or burn for energy recovery at an appropriately licensed 6
facility post-consumer paint using environmentally sound management practices. 7
(2) A proposed program that will provide for convenient and available state-wide collection 8
of post-consumer paint that, at a minimum, provides for collection rates and convenience greater 9
than the collection programs available to consumers prior to such paint stewardship program; 10
propose a paint stewardship assessment; include a funding mechanism that requires each producer 11
to remit to the implementing organization payment of the paint stewardship assessment for each 12
container of architectural paint sold within the state; include an education and outreach program to 13
help ensure the success of the program; and, work with the department and Rhode Island commerce 14
corporation to identify ways in which the state can motivate local infrastructure investment, 15
business development and job creation related to the collection, transportation and processing of 16
post-consumer paint. 17
(c) The plan submitted to the department pursuant to this section shall Each proposal shall 18
also: 19
(1) Identify each producer participating that will participate in the paint stewardship 20
program and the brands of architectural paint sold in this state covered by the program; 21
(2) Identify how the representative implementing organization will provide convenient, 22
statewide accessibility to the program; 23
(3) Set forth the process by which an independent auditor will be selected and identify the 24
criteria used by the representative implementing organization in selecting an independent auditor; 25
(4) Identify, in detail, the educational and outreach program that will be implemented to 26
inform consumers and retailers of the program and how to participate; 27
(5) Identify the methods and procedures under which the paint stewardship program will 28
be coordinated with the Rhode Island resource recovery corporation; 29
(6) Identify, in detail, the operational plans for interacting with retailers on the proper 30
handling and management of post-consumer paint; 31
(7) Include the proposed, audited paint assessment as identified in this section; 32
(8) Include the targeted annual collection rate; and 33
(9) Include a description of the intended treatment, storage, transportation and disposal 34
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options and methods for the collected post-consumer paint.; and 1
(10) Be accompanied by a fee in the amount of two thousand five hundred dollars ($2,500) 2
to be deposited into the environmental response fund to cover the review of said plan by the 3
department. 4
(d) Not later than sixty (60) days after submission of a plan pursuant to this section, the 5
department shall make a determination whether to: 6
(1) Approve the plan as submitted; 7
(2) Approve the plan with conditions; or 8
(3) Deny the plan. 9
(e) Not later than three (3) months after the date the plan is approved, the representative 10
organization shall implement the paint stewardship program. 11
(fd) On or before March 1, 2014, the representative organization Each proposal shall 12
propose a uniform paint stewardship assessment for all architectural paint sold in this state. The 13
proposed paint stewardship assessment shall be sufficient to cover the costs of administering the 14
program. The assessment may also be used to create a reserve fund, provided that such reserve fund 15
shall not exceed 50% of projected program costs in any given year. If the reserve fund is projected 16
to exceed 50% of projected program costs, the implementing organization shall immediately 17
propose to the department an amendment to the approved plan which will reduce the paint 18
stewardship assessment in the following calendar year by an amount sufficient to cause the reserve 19
fund to not exceed 50% of projected program costs. The department shall have the authority to cap 20
administrative expenses at a percentage of program costs as part of any contract awarded to 21
administer the paint stewardship program. Such proposed paint stewardship assessment shall be 22
reviewed by an independent auditor to assure that such assessment is consistent with the budget of 23
the paint stewardship program described in this section and such independent auditor shall 24
recommend an amount for such paint stewardship assessment to the department. The department 25
shall be responsible for the approval of such paint stewardship assessment based upon the 26
independent auditor’s recommendation. If the paint stewardship assessment previously approved 27
by the department pursuant to this section is proposed to be changed, the representative 28
organization shall submit the new, adjusted uniform paint stewardship assessment to an 29
independent auditor for review. After such review has been completed, the representative 30
organization shall submit the results of said auditor’s review and a proposal to amend the paint 31
stewardship assessment to the department for review. The department shall review and approve, in 32
writing, the adjusted paint stewardship assessment before the new assessment can be implemented. 33
Any proposed changes to the paint stewardship assessment shall be submitted to the department no 34
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later than sixty (60) days prior to the date the representative organization anticipates the adjusted 1
assessment to take effect. 2
(ge) On and after the date of implementation of the paint stewardship program pursuant to 3
this section, the paint stewardship assessment shall be added to the cost of all architectural paint 4
sold to retailers and distributors in this state by each producer. On and after such implementation 5
date, each retailer or distributor, as applicable, shall add the amount of such paint stewardship 6
assessment to the purchase price of all architectural paint sold in this state. 7
(hf) Any retailer may participate, on a voluntary basis, as a paint collection point pursuant 8
to such paint stewardship program and in accordance with any applicable provision of law or 9
regulation. 10
(ig) Each producer and the representative implementing organization shall be immune from 11
liability for any claim of a violation of antitrust law or unfair trade practice if such conduct is a 12
violation of antitrust law, to the extent such producer or representative implementing organization 13
is exercising authority pursuant to the provisions of this section. 14
(jh) Not later than the implementation date of the paint stewardship program, the 15
department shall list the names of participating producers the brands of architectural paint covered 16
by such paint stewardship program and the cost of the approved paint stewardship assessment on 17
its website. 18
(ki)(1) On and after the implementation date of the paint stewardship program, no producer, 19
distributor or retailer shall sell or offer for sale architectural paint to any person in this state if the 20
producer of such architectural paint is not a member of paint stewardship assessment is not 21
collected and remitted to the representative implementing organization. 22
(2) No retailer or distributor shall be found to be in violation of the provisions of this section 23
if, on the date the architectural paint was ordered from the producer or its agent, the producer or 24
the subject brand of architectural paint was listed on the department’s website in accordance with 25
the provisions of this section. 26
(lj) Producers or the representative implementing organization shall provide retailers with 27
educational materials regarding the paint stewardship assessment and paint stewardship program 28
to be distributed at the point of sale to the consumer. Such materials shall include, but not be limited 29
to, information regarding available end-of-life management options for architectural paint offered 30
through the paint stewardship program and information that notifies consumers that a charge for 31
the operation of such paint stewardship program is included in the purchase price of all architectural 32
paint sold in this state. 33
(mk) On or before October 15, 2015, and annually thereafter, the representative 34
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implementing organization shall submit a report to the director of the department of environmental 1
management that details the paint stewardship program. Said report shall include a copy of the 2
independent audit detailed in subdivision (4) below. Such annual report shall include, but not be 3
limited to: 4
(1) A detailed description of the methods used to collect, transport and process post-5
consumer paint in this state; 6
(2) The overall volume of post-consumer paint collected in this state; 7
(3) The volume and type of post-consumer paint collected in this state by method of 8
disposition, including reuse, recycling and other methods of processing or disposal; 9
(4) The total cost of implementing the program, as determined by an independent financial 10
audit, as performed by an independent auditor; 11
(5) An evaluation of the adequacy of the program’s funding mechanism; 12
(6) Samples of all educational materials provided to consumers of architectural paint and 13
participating retailers; and 14
(7) A detailed list of efforts undertaken and an evaluation of the methods used to 15
disseminate such materials including recommendations, if any, for how the educational component 16
of the program can be improved. 17
(nl) The representative implementing organization shall may update the plan, as needed, 18
when there are changes proposed to the current program. An new plan or amendment to the existing 19
plan will be required to be submitted to the department for approval when: 20
(1) There is a proposed change to the amount of the assessment; or 21
(2) There is an addition to the products covered under the program; or 22
(3) There is a revision of the product stewardship organization’s goals.: or 23
(4) Every four (4) years, if requested, in writing, by the department the representative 24
organization shall notify the department annually, in writing, if there are no changes proposed to 25
the program and the representative organization intends to continue implementation of the program 26
as previously approved by the department. 27
(m) Upon selection of a new implementing organization to administer the paint stewardship 28
program, the program shall be audited by the independent auditor and, upon certification of the 29
audit by the department, any funds held by the previous implementing organization shall be 30
immediately transferred to the department. These funds shall then be transferred by the department 31
to the new implementing organization for use in administering the approved paint stewardship 32
program. 33
(n) If there are no respondents to the solicitation required by this section, or the department 34
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determines that none of the responses are sufficient to meet the requirements of this section, the 1
Rhode Island resource recovery corporation established pursuant to § 23-19 et. seq. shall serve as 2
the implementing organization, as defined in this chapter, until such time as another solicitation is 3
required to occur by this section. 4
SECTION 2. Sections 23-90-2, 23-90-3, 23-90-5, 23-90-6, 23-90-8, 23-90-10 of the 5
General Laws in Chapter 23-90 entitled “Responsible Recycling, Reuse and Disposal of 6
Mattresses” are hereby amended to read as follows: 7
23-90-2. Findings. 8
The general assembly hereby finds and declares that: 9
(1) It is in the best interest of this state for providers of mattresses sold in Rhode Island to 10
take responsibility for reducing the environmental and financial impacts of a mattress over its life 11
cycle, from design to management after the end of a mattress’s useful life; 12
(2) It is in the best interest of this state to reduce illegal dumping of discarded mattresses 13
and determine a process for minimizing costs incurred by Rhode Island’s cities and towns for the 14
management of discarded mattresses; and 15
(3) It is in the best interest of this state for producers to develop a statewide product 16
stewardship system that serves urban and rural areas in Rhode Island and provides cost-effective, 17
convenient opportunities for the collection, transportation, recovery and safe management of 18
discarded products. 19
23-90-3. Definitions. 20
As used in this chapter, the following words shall, unless the context clearly requires 21
otherwise, have the following meanings: 22
(1) “Brand” means a name, symbol, word or mark that attributes a mattress to the producer 23
of such mattress. 24
(2) “Covered entity” means any political subdivision of the state, any mattress retailer, any 25
permitted transfer station, any waste to energy facility, any healthcare facility, any educational 26
facility, any correctional facility, any military base, or any commercial or non profit lodging 27
establishment that possesses a discarded mattress that was discarded in this state. Covered entity 28
does not include any renovator, refurbisher or any person who transports a discarded mattress. 29
(3) “Consumer” means an individual who is also a resident of this state. 30
(4) “Corporation” means the Rhode Island Resource Recovery Corporation. 31
(5) “Corporation Director” means the executive director of the Rhode Island Resource 32
Recovery Corporation. 33
(6) “Council” or “mattress recycling council” means the state wide, non-profit organization 34
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created by producers, or created by any trade association that represents producers, who account 1
for a majority of mattress production in the United States to design, submit, and implement the 2
mattress stewardship plan as described in this chapter. 3
(76) “Discarded mattress” means any mattress that a consumer intends to discard, has 4
discarded, or that is abandoned. 5
(87) “Energy recovery” means the process by which all or a portion of solid waste materials 6
are processed or combusted in order to utilize the heat content or other forms of energy derived 7
from such solid waste materials. 8
(98) “Foundation” means any ticking-covered structure that is used to support a mattress 9
and that is composed of one or more of the following: A constructed frame, foam, or a box spring. 10
“Foundation” does not include any bed frame or base made of wood, metal, or other material that 11
rests upon the floor and that serves as a brace for a mattress. 12
(9) “Implementing organization” means the organization or entity selected by the resource 13
recovery corporation to administer the mattress stewardship program. 14
(10) “Mattress” means any resilient material, or combination of materials, that is enclosed 15
by ticking, used alone or in combination with other products, and that is intended for, or promoted 16
for, sleeping upon. “Mattress” includes any foundation, renovated foundation, or renovated 17
mattress. 18
“Mattress” does not include any of the following: 19
(i) An unattached mattress pad, an unattached mattress topper, including any item with 20
resilient filling, with or without ticking, that is intended to be used with, or on top of a mattress; 21
(ii) A sleeping bag, pillow; 22
(iii) A crib or bassinet mattress, car bed; 23
(iv) Juvenile products, including: a carriage, basket, dressing table, stroller, playpen, infant 24
carrier, lounge pad, crib bumper, and the pads for those juvenile products; 25
(v) A product that contains liquid- or gaseous-filled ticking, including any water bed or air 26
mattress that does not contain upholstery material between the ticking and the mattress core; 27
(vi) Any upholstered furniture that does not contain a detachable mattress; or 28
(vii) A fold-out sofa bed or futon. 29
(11) “Mattress core” means the main support system that is present in a mattress, including, 30
but not limited to: springs, foam, air bladder, water bladder, or resilient filling. 31
(12) “Mattress recycling council” or “council” means the organization created by producers 32
to design, submit, and implement the mattress stewardship program described in § 23-90-5. 33
(1312) “Mattress stewardship fee” means the amount added to the purchase price of a 34
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mattress sold in this state that is necessary to cover the cost of collecting, transporting, and 1
processing discarded mattresses by the council pursuant to the mattress stewardship program. 2
(1413) “Mattress stewardship program” or “program” means the state wide, program 3
described in § 23-90-5 and implemented pursuant to the mattress stewardship plan as approved by 4
the corporation director. 5
(1514) “Mattress topper” means any item that contains resilient filling, with or without 6
ticking, that is intended to be used with or on top of a mattress. 7
(1615) “Performance goal” means a metric proposed by the council, to measure, on an 8
annual basis, the performance of the mattress stewardship program, taking into consideration 9
technical and economic feasibilities, in achieving continuous, meaningful improvement in 10
improving the rate of mattress recycling in the state and any other specified goal of the program. 11
(1716) “Producer” means any person who manufactures or renovates a mattress that is sold, 12
offered for sale, or distributed in the state under the manufacturer’s own name or brand. “Producer” 13
includes: 14
(i) The owner of a trademark or brand under which a mattress is sold, offered for sale, or 15
distributed in this state, whether or not such trademark or brand is registered in this state; and 16
(ii) Any person who imports a mattress into the United States that is sold or offered for sale 17
in this state and that is manufactured or renovated by a person who does not have a presence in the 18
United States; 19
(1817) “Recycling” means any process in which discarded mattresses, components, and 20
by-products may lose their original identity or form as they are transformed into new, usable, or 21
marketable materials. “Recycling” does not include as a primary process the use of incineration for 22
energy recovery or energy generation by means of combustion. 23
(1918) “Renovate” or “renovation” means altering a mattress for the purpose of resale and 24
includes any one, or a combination of, the following: Replacing the ticking or filling, adding 25
additional filling, rebuilding a mattress, or replacing components with new or recycled materials. 26
“Renovate” or “renovation” does not include the: 27
(i) Stripping of a mattress of its ticking or filling without adding new material; 28
(ii) Sanitization or sterilization of a mattress without otherwise altering the mattress; or 29
(iii) Altering of a mattress by a renovator when a person retains the altered mattress for 30
personal use, in accordance with regulations of the department of business regulation. 31
(2019) “Renovator” means a person who renovates discarded mattresses for the purpose of 32
reselling such mattresses in a retail store. 33
(2120) “Retailer” means any person who sells mattresses in this state or offers mattresses 34
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in this state to a consumer through any means, including, but not limited to, remote offerings such 1
as sales outlets, catalogs, or the internet. 2
(2221) “Sanitization” means the direct application of chemicals to a mattress to kill human 3
disease-causing pathogens. 4
(2322) “ Sale” means the transfer of title of a mattress for consideration, including through 5
the use of a sales outlet, catalog, internet website, or similar electronic means. 6
(2423) “Sterilization” means the mitigation of any deleterious substances or organisms 7
including human disease-causing pathogens, fungi, and insects from a mattress or filling material 8
using a process approved by the department of business regulation. 9
(2524) “Ticking” means the outermost layer of fabric or material of a mattress. “Ticking” 10
does not include any layer of fabric or material quilted together with, or otherwise attached to, the 11
outermost layer of fabric or material of a mattress. 12
(2625) “Upholstery material” means all material, loose or attached, between the ticking 13
and the core of a mattress. 14
(2726) “Wholesaler” means any person who sells or distributes mattresses in the state, in a 15
nonretail setting, for the purpose of the resale of such mattresses. 16
23-90-5. Mattress stewardship plan. 17
(a) On or before July 1, 2015 December 31, 2023, and every five years thereafter, the 18
mattress stewardship council corporation shall submit a mattress stewardship plan for the 19
establishment of a mattress stewardship program to the corporation director for approval issue a 20
solicitation consistent with state procurement law to identify an implementing organization to 21
administer the mattress stewardship program. 22
(b) The plan Responses to the solicitation submitted pursuant to subsection (a) of this 23
section shall, to the extent it is technologically feasible and economically practical: 24
(1) Identify each producer’s participation in the program; 25
(2) Describe the fee structure for the program and propose a uniform stewardship fee that 26
is sufficient to cover the costs of operating and administering the program; 27
(3) Establish performance goals for the first two (2) years of the program; 28
(4) Identify proposed recycling facilities to be used by the program, such facilities shall not 29
require a solid waste management facilities license; 30
(5) Detail how the program will promote the recycling of discarded mattresses; 31
(6) Include a description of the public education program; 32
(7) Describe fee-disclosure language that retailers will be required to prominently display 33
that will inform consumers of the amount and purpose of the fee; and 34
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(8) Identify the methods and procedures to facilitate implementation of the mattress 1
stewardship program in coordination with the corporation director and municipalities. 2
(c) Not later than ninety (90) days after submission of the plan pursuant to this section, the 3
corporation shall make a determination whether to: 4
(1) Approve the plan as submitted; or 5
(2) Deny the plan. 6
(d) The corporation director shall approve the plan for the establishment of the mattress 7
stewardship program, provided such plan reasonably meets the requirements of this section. Prior 8
to making such determination, the corporation director shall post the plan for at least thirty (30) 9
days, in accordance with the “Administrative Procedures Act” as set forth in chapter 35 of title 42, 10
on the corporation’s website and solicit public comments on the plan to be posted on the website. 11
(ec) In the event that the corporation does not select a respondent to administer the mattress 12
stewardship program, or the director of the corporation determines that the corporation can 13
administer a mattress stewardship program at lower cost to the consumer, then the corporation shall 14
administer a mattress stewardship program consistent with the requirements of this chapter. In such 15
cases, the corporation shall assume all duties and responsibilities of the implementing organization, 16
as defined in this chapter, and shall administer the mattress stewardship program until such time as 17
a new implementing organization is selected pursuant to the solicitation required by this section to 18
occur every five years. director denies the plan, the corporation director shall provide a notice of 19
determination to the council, within sixty (60) days, detailing the reasons for the disapproval. The 20
council shall revise and resubmit the plan to the corporation director not later than forty-five (45) 21
days after receipt of notice of the corporation director’s denial notice. Not later than forty-five (45) 22
days after receipt of the revised plan, the corporation director shall review and approve or deny the 23
revised plan. The council may resubmit a revised plan to the corporation director for approval on 24
not more than two (2) occasions. If the council fails to submit a plan that is acceptable to the 25
corporation director, because it does not meet the criteria pursuant to subdivisions (b)(1-8), the 26
corporation director shall have the ability to modify the submitted plan and approve it. Not later 27
than one hundred twenty (120) days after the approval of a plan pursuant to this section, the council 28
shall implement the mattress stewardship program. 29
(fd) It is the responsibility of the council implementing organization to: 30
(1) Notify the corporation director whenever there is a proposed substantial change to the 31
program. If the corporation director takes no action on a proposed substantial change within ninety 32
(90) days after notification of the proposed change, the proposed change shall be deemed approved. 33
For the purposes of this subdivision, “substantial change” shall include, but not be limited to: 34
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(i) A change in the processing facilities to be used for discarded mattresses collected 1
pursuant to the program; or 2
(ii) A material change to the system for collecting mattresses. 3
(2) Not later than October 1, 2017, the council shall submit to the corporation director for 4
review, updated performance goals that are based on the experience of the program during the first 5
two (2) years of the program. 6
(ge) The council implementing organization shall notify the corporation director of any 7
other changes to the program on an ongoing basis, whenever they occur, without resubmission of 8
the plan to the corporation director for approval. Such changes shall include, but not be limited to, 9
a change in the composition, officers, or contact information of the council. 10
(h) On or before July 1, 2015, and every two (2) years thereafter, the council shall propose 11
a uniform fee for all mattresses sold in this state. The council may propose a change to the uniform 12
fee more frequently than once every two (2) years if the council determines such change is needed 13
to avoid funding shortfalls or excesses. Any proposed fee shall be reviewed by an independent 14
auditor to ensure that such assessment does not exceed the costs of the mattress stewardship 15
program described in subsection (b) of this section and to maintain financial reserves sufficient to 16
operate the program over a multi-year period in a fiscally prudent and responsible manner. Not 17
later than sixty (60) days after the council proposes a mattress stewardship fee, the auditor shall 18
render an opinion to the corporation director as to whether the proposed mattress stewardship fee 19
is reasonable to achieve the goals set forth in this section. If the auditor concludes that the mattress 20
stewardship fee is reasonable, then the proposed fee shall go into effect not less than ninety (90) 21
days after the auditor notifies the corporation director that the fee is reasonable. If the auditor 22
concludes that the mattress stewardship fee is not reasonable, the auditor shall provide the council 23
with written notice explaining the auditor’s opinion. Specific documents or information provided 24
to the auditor by the council, along with any associated internal documents or information held by 25
the council, shall be made available to the corporation for its review upon request but shall not be 26
made public if the documents and information contain trade secrets or commercial or financial 27
information of a privileged or confidential nature, pursuant to chapter 2 of title 38 (“access to public 28
records”). Not later than fourteen (14) days after the council’s receipt of the auditor’s opinion, the 29
council may either propose a new mattress stewardship fee, or provide written comments on the 30
auditor’s opinion. If the auditor concludes that the fee is not reasonable, the corporation director 31
shall decide, based on the auditor’s opinion and any comments provided by the council, whether to 32
approve the proposed mattress stewardship fee. Such auditor shall be selected by the council. The 33
cost of any work performed by such auditor pursuant to the provisions of this subsection and 34
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subsection (i) of this section shall be funded by the council. 1
(if)(1) On and after the implementation of the mattress stewardship program, each retailer 2
shall add the amount of the fee established pursuant to subsection (b) of this section and described 3
in subsection (h) of this section to the purchase price of all mattresses sold in this state. The fee 4
shall be remitted by the retailer to the council implementing organization. The council 5
implementing organization may, subject to the corporation director’s approval, establish an 6
alternative, practicable means of collecting or remitting such fee. 7
(2) On and after the implementation date of the mattress stewardship program, no producer, 8
distributor, or retailer shall sell or offer for sale a mattress to any person in the state if the producer 9
is not a member participant in of the mattress stewardship program administered by the council 10
implementing organization. 11
(3) No retailer or distributor shall be found to be in violation of the provisions of this 12
section, if, on the date the mattress was ordered from the producer or its agent, the producer of said 13
mattress was listed on the corporation’s website in accordance with the provisions of this chapter. 14
(jg) Not later than October 1, 2016, and annually thereafter, the council implementing 15
organization shall submit an annual report to the corporation director. The corporation director shall 16
post such annual report on the corporation’s website. Such report shall include, but not be limited 17
to: 18
(1) The weight of mattresses collected pursuant to the program from: 19
(i) Municipal and/or transfer stations; 20
(ii) Retailers; and 21
(iii) All other covered entities; 22
(2) The weight of mattresses diverted for recycling; 23
(3) Identification of the mattress recycling facilities to which mattresses were delivered for 24
recycling; 25
(4) The weight of discarded mattresses recycled, as indicated by the weight of each of the 26
commodities sold to secondary markets; 27
(5) The weight of mattresses, or parts thereof, sent for disposal at each of the following: 28
(i) Rhode Island resource recovery corporation; and 29
(ii) Any other facilities; 30
(6) Samples of public education materials and methods used to support the program; 31
(7) A description of efforts undertaken and evaluation of the methods used to disseminate 32
such materials; 33
(8) Updated performance goals and an evaluation of the effectiveness of the methods and 34
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processes used to achieve performance goals of the program; and 1
(9) Recommendations for any changes to the program. 2
(kh) Two (2) years after the implementation of the program and upon the request of the 3
corporation director, but not more frequently than once a year, the council implementing 4
organization shall cause an audit of the program to be conducted by the auditor described in 5
subsection (h) of this section an independent auditor selected by the implementing organization. 6
Such audit shall review the accuracy of the council’s implementing organization’s data concerning 7
the program and provide any other information requested by the corporation director. Such audit 8
shall be paid for by the council implementing organization. The council implementing organization 9
shall maintain all records relating to the program for not less than three (3) years. 10
(li) No covered entity that participates in the program shall charge for receipt of mattresses 11
generated in the state. Covered entities may charge a fee for providing the service of collecting 12
mattresses and may restrict the acceptance of mattresses by number, source, or physical condition. 13
(mj) Covered entities that, upon the date of this act’s passage, have an existing program for 14
recycling discarded mattresses may continue to operate such program without coordination of the 15
council, so long as the entities are able to demonstrate, in writing, to the corporation director that 16
the facilities to which discarded mattresses are delivered are engaged in the business of recycling 17
said mattresses and the corporation director approves the written affirmation that the facility 18
engages in mattress recycling of mattresses received by the covered entity. A copy of the written 19
affirmation and the corporation’s approval shall be provided to the council by the corporation 20
director in a timely manner. 21
(k) The implementing organization may, subject to approval by the corporation, propose 22
the establishment and maintenance of a financial reserve sufficient to operate the program over a 23
multi-year period in a fiscally prudent and responsible manner. Such financial reserve shall not 24
exceed 50 percent of the projected program costs in any given year. 25
(l) The corporation is authorized to cap administrative expenses to administer the mattress 26
stewardship program at a set percentage of annual program expenses as determined by the 27
corporation. 28
23-90-6. Responsibilities of the Rhode Island resource recovery corporation. 29
(a) The corporation shall review for approval responses to the solicitation for an 30
implementing organization to administer the mattress stewardship program. of the council 31
(b) The corporation shall maintain on its website information on collection opportunities 32
for mattresses, including collection site locations. The information must be made available in a 33
printable format for retailers and consumers. 34
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(c) Not later than the implementation date of the mattress stewardship program, the 1
corporation shall list the names of participating producers covered by the program and the cost of 2
the approved mattress stewardship fee on its website. 3
(d) The corporation shall approve the mattress stewardship fee to be applied by the council 4
implementing organization to mattresses pursuant to this chapter. 5
(e) The corporation shall assume responsibility for administering the mattress stewardship 6
program in the event that none of the submissions to the solicitation for an implementing 7
organization are deemed sufficient, or if the director of the corporation determines that the 8
corporation can administer the mattress stewardship program at a lower cost to the consumer than 9
any of the respondents to the solicitation. 10
(ef) Pursuant to § 23-90-11, the corporation shall report biennially to the general assembly 11
on the operation of the statewide system for collection, transportation and recycling of mattresses. 12
23-90-8. Immunity. 13
Each producer, retailer and the council implementing organization shall be immune from 14
liability for any claim of a violation of antitrust law, to the extent such producer or council 15
implementing organization is exercising authority pursuant to the provisions of this chapter, 16
including but not limited to: 17
(1) The creation, implementation or management of a plan pursuant to § 23-90-5, and the 18
types or quantities of used mattresses recycled or otherwise managed pursuant to a plan; 19
(2) The cost and structure of a plan; and 20
(3) The establishment, administration, collection or disbursement of the mattress 21
stewardship fee associated with funding the implementation of the plan. 22
23-90-10. Collaboration. 23
In the event that another state implements a mattress recycling program, the council 24
implementing organization may collaborate with such state to conserve efforts and resources used 25
in carrying out the mattress stewardship program, provided such collaboration is consistent with 26
the requirements of this chapter. 27
SECTION 3. Section 23-90-4 in Chapter 23-90 entitled “Responsible Recycling, Reuse 28
and Disposal of Mattresses” is hereby repealed. 29
23-90-4. Mattress stewardship council established. 30
(a) On or before July 1, 2015, each producer shall join the council and such council shall 31
submit a plan, for the corporation director’s approval, to establish a statewide mattress stewardship 32
program, as described in this section. Any retailer may be a member of such council. Such mattress 33
stewardship program shall, to the extent it is technologically feasible and economically practical: 34
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(1) Minimize public sector involvement in the management of discarded mattresses; 1
(2) Provide for the convenient and accessible statewide collection of discarded mattresses 2
from any person in the state with a discarded mattress that was discarded in the state, including 3
from participating covered entities that accumulated and segregated a minimum of fifty (50) 4
discarded mattresses for collection at one time, or a minimum of thirty (30) discarded mattresses 5
for collection at one time in the case of participating municipal transfer stations; 6
(3) Provide for council-financed recycling and disposal of discarded mattresses; 7
(4) Provide suitable storage containers at permitted municipal transfer stations, municipal 8
government property or other solid waste management facilities for segregated, discarded 9
mattresses, or make other mutually agreeable storage and transportation agreements at no cost to 10
such municipality provided the municipal transfer station, municipal government property or other 11
solid waste management facilities make space available for such purpose and imposes no fee for 12
placement of such storage container on its premises; 13
(5) Include a uniform mattress stewardship fee that is sufficient to cover the costs of 14
operating and administering the program; and 15
(6) Establish a financial incentive that provides for the payment of a monetary sum, 16
established by the council, to promote the recovery of mattresses. 17
(b) The council shall be a nonprofit organization with a fee structure that covers, but does 18
not exceed, the costs of developing the plan and operating and administering the program in 19
accordance with the requirements of this chapter, and maintaining a financial reserve sufficient to 20
operate the program over a multi-year period of time in a fiscally prudent and responsible manner. 21
The council shall maintain all records relating to the program for a period of not less than three (3) 22
years. 23
(c) Pursuant to the program, recycling shall be preferred over any other disposal method to 24
the extent that recycling is technologically feasible and economically practical. 25
(d) The council shall enter into an agreement with the corporation to reimburse for 26
reasonable costs directly related to administering the program but not to exceed the cost of two (2) 27
full time equivalent employees. 28
SECTION 4. Section 39-2-1.2 of the General Laws in Chapter 39-2 entitled “Duties of 29
Utilities and Carriers” is hereby amended to read as follows: 30
39-2-1.2. Utility base rate — Advertising, demand-side management, and 31
renewables. 32
(a) In addition to costs prohibited in § 39-1-27.4(b), no public utility distributing or 33
providing heat, electricity, or water to or for the public shall include as part of its base rate any 34
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expenses for advertising, either direct or indirect, that promotes the use of its product or service, or 1
is designed to promote the public image of the industry. No public utility may furnish support of 2
any kind, direct or indirect, to any subsidiary, group, association, or individual for advertising and 3
include the expense as part of its base rate. Nothing contained in this section shall be deemed as 4
prohibiting the inclusion in the base rate of expenses incurred for advertising, informational or 5
educational in nature, that is designed to promote public safety conservation of the public utility's 6
product or service. The public utilities commission shall promulgate such rules and regulations as 7
are necessary to require public disclosure of all advertising expenses of any kind, direct or indirect, 8
and to otherwise effectuate the provisions of this section. 9
(b) Effective as of January 1, 2008, and for a period of twenty-two (202) years thereafter, 10
each electric distribution company shall include a charge per kilowatt-hour delivered to fund 11
demand-side management programs. The 0.3 mills per kilowatt-hour delivered to fund renewable 12
energy programs shall remain in effect until December 31, 202830. The electric distribution 13
company shall establish and, after July 1, 2007, maintain, two (2) separate accounts, one for 14
demand-side management programs (the "demand-side account"), which shall be funded by the 15
electric demand-side charge and administered and implemented by the distribution company, 16
subject to the regulatory reviewing authority of the commission, and one for renewable energy 17
programs, which shall be administered by the Rhode Island commerce corporation pursuant to § 18
42-64-13.2 and shall be held and disbursed by the distribution company as directed by the Rhode 19
Island commerce corporation for the purposes of developing, promoting, and supporting renewable 20
energy programs. 21
During the time periods established in this subsection, the commission may, in its 22
discretion, after notice and public hearing, increase the sums for demand-side management and 23
renewable resources. In addition, the commission shall, after notice and public hearing, determine 24
the appropriate charge for these programs. The office of energy resources, and/or the administrator 25
of the renewable energy programs, may seek to secure for the state an equitable and reasonable 26
portion of renewable energy credits or certificates created by private projects funded through those 27
programs. As used in this section, "renewable energy resources" shall mean: (1) Power generation 28
technologies, as defined in § 39-26-5, "eligible renewable energy resources," including off-grid and 29
on-grid generating technologies located in Rhode Island, as a priority; (2) Research and 30
development activities in Rhode Island pertaining to eligible renewable energy resources and to 31
other renewable energy technologies for electrical generation; or (3) Projects and activities directly 32
related to implementing eligible renewable energy resources projects in Rhode Island. 33
Technologies for converting solar energy for space heating or generating domestic hot water may 34
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also be funded through the renewable energy programs. Fuel cells may be considered an energy 1
efficiency technology to be included in demand-side management programs. Special rates for low-2
income customers in effect as of August 7, 1996, shall be continued, and the costs of all of these 3
discounts shall be included in the distribution rates charged to all other customers. Nothing in this 4
section shall be construed as prohibiting an electric distribution company from offering any special 5
rates or programs for low-income customers which are not in effect as of August 7, 1996, subject 6
to the approval by the commission. 7
(1) The renewable energy investment programs shall be administered pursuant to rules 8
established by the Rhode Island commerce corporation. Said rules shall provide transparent criteria 9
to rank qualified renewable energy projects, giving consideration to: 10
(i) The feasibility of project completion; 11
(ii) The anticipated amount of renewable energy the project will produce; 12
(iii) The potential of the project to mitigate energy costs over the life of the project; and 13
(iv) The estimated cost per kilowatt-hour (KWh) of the energy produced from the project. 14
(c) [Deleted by P.L. 2012, ch. 241, art. 4, § 14.] 15
(d) The chief executive officer of the commerce corporation is authorized and may enter 16
into a contract with a contractor for the cost-effective administration of the renewable energy 17
programs funded by this section. A competitive bid and contract award for administration of the 18
renewable energy programs may occur every three (3) years and shall include, as a condition, that 19
after July 1, 2008, the account for the renewable energy programs shall be maintained and 20
administered by the commerce corporation as provided for in subsection (b) of this section. 21
(e) Effective January 1, 2007, and for a period of twenty-one three (213) years thereafter, 22
each gas distribution company shall include, with the approval of the commission, a charge per 23
deca therm delivered to fund demand-side management programs (the "gas demand-side charge"), 24
including, but not limited to, programs for cost-effective energy efficiency, energy conservation, 25
combined heat and power systems, and weatherization services for low-income households. 26
(f) Each gas company shall establish a separate account for demand-side management 27
programs (the "gas demand-side account") that shall be funded by the gas demand-side charge and 28
administered and implemented by the distribution company, subject to the regulatory reviewing 29
authority of the commission. The commission may establish administrative mechanisms and 30
procedures that are similar to those for electric demand-side management programs administered 31
under the jurisdiction of the commission and that are designed to achieve cost-effectiveness and 32
high, life-time savings of efficiency measures supported by the program. 33
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(g) The commission may, if reasonable and feasible, except from this demand-side 1
management charge: 2
(1) Gas used for distribution generation; and 3
(2) Gas used for the manufacturing processes, where the customer has established a self-4
directed program to invest in and achieve best-effective energy efficiency in accordance with a plan 5
approved by the commission and subject to periodic review and approval by the commission, which 6
plan shall require annual reporting of the amount invested and the return on investments in terms 7
of gas savings. 8
(h) The commission may provide for the coordinated and/or integrated administration of 9
electric and gas demand-side management programs in order to enhance the effectiveness of the 10
programs. Such coordinated and/or integrated administration may after March 1, 2009, upon the 11
recommendation of the office of energy resources, be through one or more third-party entities 12
designated by the commission pursuant to a competitive selection process. 13
(i) Effective January 1, 2007, the commission shall allocate, from demand-side 14
management gas and electric funds authorized pursuant to this section, an amount not to exceed 15
three percent (3%) of such funds on an annual basis for the retention of expert consultants, and 16
reasonable administration costs of the energy efficiency and resources management council 17
associated with planning, management, and evaluation of energy-efficiency programs, renewable 18
energy programs, system reliability least-cost procurement, and with regulatory proceedings, 19
contested cases, and other actions pertaining to the purposes, powers, and duties of the council, 20
which allocation may by mutual agreement, be used in coordination with the office of energy 21
resources to support such activities. 22
(j) Effective January 1, 2016, the commission shall annually allocate from the 23
administrative funding amount allocated in subsection (i) from the demand-side management 24
program as described in subsection (i) as follows: (1) for the energy efficiency resources 25
management council, no more than forty percent (40%) for the purposes identified in subsection (i) 26
and (2) sixty percent (60%) of three percent (3%) from the demand side management and electric 27
funds annually to the office of energy resources for activities associated with planning, 28
management, and evaluation of energy-efficiency programs, renewable energy programs, system 29
reliability, least-cost procurement, and with regulatory proceedings, contested cases, and other 30
actions pertaining to the purposes, powers, and duties of the office of energy resources. The office 31
of energy resources shall have exclusive authority to direct the use of these funds. 32
(k) On April 15, of each year, the office and the council shall submit to the governor, the 33
president of the senate, and the speaker of the house of representatives, separate financial and 34
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performance reports regarding the demand-side management programs, including the specific level 1
of funds that were contributed by the residential, municipal, and commercial and industrial sectors 2
to the overall programs; the businesses, vendors, and institutions that received funding from 3
demand-side management gas and electric funds used for the purposes in this section; and the 4
businesses, vendors, and institutions that received the administrative funds for the purposes in 5
subsections (i) and (j). These reports shall be posted electronically on the websites of the office of 6
energy resources and the energy efficiency and resources management council. 7
(l) On or after August 1, 2015, at the request of the Rhode Island infrastructure bank, each 8
electric distribution company, except for the Pascoag Utility District and Block Island Power 9
Company, shall remit two percent (2%) of the amount of the 2014 electric demand-side charge 10
collections to the Rhode Island infrastructure bank. 11
(m) On or after August 1, 2015, at the request of the Rhode Island infrastructure bank, each 12
gas distribution company shall remit two percent (2%) of the amount of the 2014 gas demand-side 13
charge collections to the Rhode Island infrastructure bank. 14
(n) Effective January 1, 2022, the commission shall allocate, from demand-side 15
management gas and electric funds authorized pursuant to this section, five million dollars 16
($5,000,000) of such funds on an annual basis to the Rhode Island infrastructure bank. Gas and 17
electric demand-side funds transferred to the Rhode Island infrastructure bank pursuant to this 18
section shall be eligible to be used in any energy efficiency, renewable energy, clean transportation, 19
clean heating, energy storage, or demand-side management project financing program administered 20
by the Rhode Island infrastructure bank notwithstanding any other restrictions on the use of such 21
collections set forth in this chapter. The infrastructure bank shall report annually to the commission 22
within ninety (90) days of the end of each calendar year how collections transferred under this 23
section were utilized. 24
(o) Effective January 1, 2024, the commission shall allocate from demand-side 25
management gas and electric funds authorized pursuant to this section, four million five hundred 26
thousand ($4,500,000) of such funds on an annual basis to the Rhode Island office of energy 27
resources, on behalf of the executive climate change coordinating council, for climate change-28
related initiatives. The executive climate change coordinating council shall have exclusive 29
authority to direct the use of these funds. The office of energy resources may act on behalf of the 30
executive climate change coordinating council to disburse these funds. 31
(i) The gas and electric demand-side funds allocated pursuant to 39-2-1.2(o) shall be used 32
to fund direct investments in programs designed to eliminate emissions of greenhouse gases in 33
Rhode Island, including any energy efficiency, renewable energy, clean transportation, clean 34
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heating, energy storage, demand-side management, or other programs and investments that support 1
the 2021 Act on Climate, as well as supporting the work directly related to compliance with the 2
provisions of that Act, including but not limited to: 3
(a) Developing an updated Climate Strategy by December 31, 2025, including GHG 4
modeling and support for a robust public involvement process; 5
(b) Completing, publishing, and maintaining public metrics and an online public dashboard 6
tracking emissions reductions, sources of energy consumed by the state, and related climate 7
metrics; 8
(c) Supporting multiple agencies to develop and promulgate rules and regulations and/or 9
implement programs necessary to meet GHG reduction mandates; 10
(d) Supplementing critical state programs aimed at decarbonization and resilience, 11
including support for related work by municipalities and conservation commissions; 12
(e) Supporting the work of the Climate Justice workgroup, including support for 13
community-centric communications and engagement actions, and compensation to community 14
participants; and, 15
(f) Supporting continued work of the Science & Technical Advisory Board, created 16
pursuant to § 42-6.2-5, and the Advisory Board, created pursuant to § 42-6.2-4, including the 17
engagement of expert technical consulting support where necessary. 18
(g) Funds may also be used for the purpose of providing the financial means for the council 19
to purchase materials and to employ on a contract or other basis expert consultant services, expert 20
witnesses, outreach and marketing campaign efforts to educate about the programs and policies 21
and/or other support services necessary to advance the requirements of the act on climate. 22
(ii) The Rhode Island executive climate change council shall report annually to the 23
governor and general assembly within one hundred and twenty (120) days of the end of each 24
calendar year how the funds were used to achieve the statutory objectives of the 2021 act on climate. 25
(iii) The office of energy resources is authorized and may enter into contracts with third-26
party entities for the administration and/or implementation of climate change initiatives funded by 27
this section. 28
(iv) There is hereby established a restricted receipt account in the general fund of the state 29
and housed in the budget of the department of administration entitled “executive climate change 30
coordinating council projects.” The express purpose of this account is to record receipts and 31
expenditures of the program herein described and established within this subsection. 32
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(p) Effective January 1, 2023, the electric and gas distribution company shall not be eligible 1
for performance based or other incentives related to the administration and implementation of 2
energy efficiency programs approved pursuant to this chapter. 3
(q) The Rhode Island office of energy resources, in coordination with the energy efficiency 4
resource management council, and following consultation with the public utilities commission and 5
division of public utilities and carriers, shall issue a request for proposals for the cost effective 6
administration and implementation of statewide energy efficiency programs funded by this section 7
no later than June 30, 2024. The draft request for proposals shall be reviewed through at least one 8
technical session at the public utilities commission prior to issuance. Public utilities commission 9
approval shall not be required. The Rhode Island office of energy resources, in coordination with 10
the energy efficiency resource management council, shall evaluate proposals and determine 11
whether energy efficiency administration and implementation by the electric and gas distribution 12
company or a third-party is likely to achieve the most net benefits for electric and gas customers in 13
Rhode Island. After January 1, 2025, the office of energy resources may, periodically, and at its 14
discretion, issue additional requests for proposals for the administration and implementation of 15
statewide energy efficiency programs funded through this chapter of an electric distribution 16
company as defined in § 39-1-2(a)(12) or gas distribution company included as a public utility in 17
§ 39-1-2(a)(20) that has greater than one hundred thousand (100,000) customers. 18
(i) Nothing in this chapter shall prohibit the electric and/or gas distribution company from 19
submitting a proposal to administer and implement the state energy efficiency programs. 20
(ii) If the office of energy resources, in coordination with the energy efficiency resource 21
management council, determines that the use of a third-party administrator is likely to achieve the 22
most net benefits for electric and gas customers in Rhode Island, it shall file its recommendation 23
with the public utilities commission, which shall docket and rule on the matter pursuant to its 24
general statutory authorization. If the commission determines that the recommended third-party 25
administrator is in the interest of Rhode Island utility customers, it shall provide for the full cost 26
recovery for the third-party administrator consistent with the terms of the approved contract which 27
may include regulatory performance metrics. 28
(iii) If the office does not recommend advancement of a third-party administrator, the 29
electric and gas distribution utility shall continue to administer statewide energy efficiency 30
programs. 31
SECTION 5. This Act shall take effect upon passage. 32