Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0200 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- S 0200
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7	7	LC000974
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO HEALTH AND SAFETY -- EXTENDED PRODUCER RESPONSIBIL ITY
16	16	FOR PACKAGING
17	17	Introduced By: Senators Valverde, Gu, Sosnowski, Lawson, Raptakis, DiMario, Miller,
18	18	Ujifusa, and Mack
19	19	Date Introduced: February 16, 2023
20	20	Referred To: Senate Environment & Agriculture
21	21
22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby 1
25	25	amended by adding thereto the following chapter: 2
26	26	CHAPTER 99 3
27	27	EXTENDED PRODUCER RESPONSIBILITY FOR PACKAGING 4
28	28	23-99-1. Findings -- Purpose. 5
29	29	(a) Towns and cities in Rhode Island bear much of the burden of recycling and disposing 6
30	30	of post-consumer waste; however, they have little control over sources of waste, particularly 7
31	31	packaging waste. 8
32	32	(b) Unrecyclable single-use packaging is a common contaminant in recycling loads in 9
33	33	Rhode Island. Recycling loads rejected from the Rhode Island resource recovery materials 10
34	34	recycling facility contribute to waste and recycling costs borne by towns and cities. 11
35	35	(c) Rhode Island’s central landfill is projected to reach capacity by 2034. Single-use 12
36	36	packaging makes up approximately sixteen percent (16%) of the waste buried in the landfill each 13
37	37	year. 14
38	38	(d) Single-use plastic packaging is a significant contributor to litter and ocean debris. As 15
39	39	of 2022, more than sixteen million tons (16,000,000 tt) of plastic waste washes into the ocean each 16
40	40	year. 17
41	41	(e) Single-use packaging has significant environmental impacts on a local and global scale, 18
42	42
43	43
44	44	LC000974 - Page 2 of 21
45	45	including polluting our waters, contributing to climate-damaging emissions, and creating litter. 1
46	46	(f) It is in the best interests of the health, safety, and welfare of residents and visitors to 2
47	47	Rhode Island to protect our environment and natural resources by reducing non-reusable, non-3
48	48	recyclable, and toxic packaging and to achieve a more equitable relationship between packaging 4
49	49	producers and local governments and communities. 5
50	50	23-99-2. Definitions. 6
51	51	As used in this chapter: 7
52	52	(1) "Auditor general" means the person appointed pursuant to § 22-13-1 to carry out the 8
53	53	duties specified in § 22-13-4. 9
54	54	(2) "Beverage container" means a container used to contain all drinks in liquid form and 10
55	55	intended for human consumption. 11
56	56	(3) "Bio-plastic" or "bio-plastics" means plastic produced from biological sources such as 12
57	57	vegetable fats and oils, polysaccharides, sugar, proteins, or other materials that are designed to be 13
58	58	biodegradable. 14
59	59	(4) "Brand" means any mark, word, name, symbol, design, device, or graphical element or 15
60	60	a combination thereof, including a registered or unregistered trademark, that identifies and 16
61	61	distinguishes a product from other products. 17
62	62	(5) "Commissioner" means the commissioner of the department of environmental 18
63	63	management. 19
64	64	(6) "Department" means the Rhode Island department of environmental management. 20
65	65	(7) "Discarded/discards" means packaging material that has been used for its intended 21
66	66	purpose and is no longer needed by consumers, businesses, institutions, and other users, and can be 22
67	67	managed through reuse, recycling, or disposal. 23
68	68	(8) "Disposal" means the landfilling or incineration of packaging material. "Disposal" shall 24
69	69	also include energy recovery or energy generation by any means, including, but not limited to, 25
70	70	combustion, pyrolysis, gasification, solvolysis, thermal desorption, waste to fuel, or any other 26
71	71	chemical conversion process, or molecular conversion process. "Disposal" shall also include the 27
72	72	use of materials as landfill cover. 28
73	73	(9) "Environmental justice community" means any neighborhood or community which is 29
74	74	composed predominantly of persons of color or persons below the poverty line, that is subject to a 30
75	75	disproportionate burden of environmental hazards. 31
76	76	(10) "Inspector general" means the individual appointed pursuant to § 23-99-14. 32
77	77	(11) "Local government" means any municipal corporation, governmental subdivision of 33
78	78	the state, local government unit, special district, school, local or regional board, commission, or 34
79	79
80	80
81	81	LC000974 - Page 3 of 21
82	82	authority authorized by law to plan or provide for waste management services for a specific 1
83	83	geographical area. 2
84	84	(12) "Packaging" or "packaging material" means a discrete material or category of material, 3
85	85	regardless of recyclability, including, but not limited to, such material types as paper, plastic, glass, 4
86	86	metal, or multi-material, that is used for the containment, protection, handling, delivery, transport, 5
87	87	distribution, or presentation of another product that is sold, offered for sale, imported, or distributed 6
88	88	in the state. 7
89	89	"Packaging" and "packaging material" do not include: 8
90	90	(i) "Medical devices and packaging" which are included with products regulated as a drug, 9
91	91	medical device, or dietary supplement by the United States Food and Drug Administration under 10
92	92	the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 321 et seq., Sec. 3.2(E) of 21 U.S. Code 11
93	93	of Federal Regulations, or the Dietary Supplement Health and Education Act; 12
94	94	(ii) "Animal biologics", including vaccines, bacterins, antisera, diagnostic kits, and other 13
95	95	products or biological origin, and other covered materials regulated by the United States 14
96	96	Department of Agriculture under the Virus, Serum, Toxin Act, 21 U.S.C. Sec. 151-159; 15
97	97	(iii) Packaging regulated by the federal Insecticide, Fungicide, and Rodenticide Act, 7 16
98	98	U.S.C. Sec. 136 et seq. or other applicable federal law, rule, or regulation; and 17
99	99	(iv) Beverage containers subject to a returnable container deposit, if applicable. 18
100	100	(13) "Packaging reduction organization" means the nonprofit entity or entities contracted 19
101	101	by the department and authorized to collect producer fees, assist producers with compliance with 20
102	102	the requirements of this chapter, provide technical assistance to producers, and implement the 21
103	103	packaging reduction and recycling program. 22
104	104	(14) "Packaging reduction and recycling program" or "program" means the program 23
105	105	implemented by the packaging reduction organization, and overseen by the department, to reduce 24
106	106	packaging, assess and collect information and payments from producers based on the amount of 25
107	107	packaging used by the producer to contain, protect, deliver, present, or distribute their products, in 26
108	108	order to pay for the development of packaging reduction programs including, but not limited to, 27
109	109	reusable and refillable packaging systems and infrastructure, reimbursements to local government 28
110	110	to cover the cost of packaging recycling, and investments in education and outreach. 29
111	111	(15) "Post-consumer recycled material" means new material produced using material 30
112	112	resulting from the recovery, separation, collection and reprocessing of material that would 31
113	113	otherwise be disposed of or processed as waste and that was originally sold for consumption. "Post-32
114	114	consumer recycled material" does not include post-industrial material or pre-consumer material, or 33
115	115	material generated by means of advanced recycling, chemical recycling, combustion, gasification, 34
116	116
117	117
118	118	LC000974 - Page 4 of 21
119	119	incineration, pyrolysis, solvolysis, thermal desorption, waste-to-energy, waste-to-fuel, or any other 1
120	120	chemical or molecular conversion process. 2
121	121	(16) "Producer" means: 3
122	122	(i) A person or entity that manufactures or uses in commercial enterprise a product sold, 4
123	123	offered for sale, contained, protected, delivered, presented, or distributed in or using packaging into 5
124	124	the state under the brand of the manufacture; or 6
125	125	(ii) If subsection (16)(i) of this section does not apply, a person or entity that is not the 7
126	126	manufacturer of the product, but is the owner or licensee of a trademark, regardless of whether the 8
127	127	trademark is registered, under which a product is sold, offered for sale, contained, protected, 9
128	128	delivered, presented, or distributed in or using packaging; or 10
129	129	(iii) If subsections (16)(i) and (16)(ii) of this section do not apply, a person or entity that 11
130	130	imports a product that is contained, protected, delivered, or presented in packaging, into the United 12
131	131	States or the state for use in commercial enterprise in the state; or 13
132	132	(iv) An entity that manufactures or uses in a commercial enterprise, sells, offers for sale, 14
133	133	or distributes the packaging material in the state under the brand of the manufacturer; and 15
134	134	(v) "Producer" includes a franchisor of a franchise located in the state but does not include 16
135	135	the franchisee operating that franchise. 17
136	136	(17) "Product line" means a group of related products all marketed under a single brand 18
137	137	name that is sold by the same producer to distinguish products from each other for better usability 19
138	138	for customers. 20
139	139	(18) "Recyclable" means a product or packaging material: 21
140	140	(i) That can be sorted by entities that process post-consumer materials generated in the 22
141	141	state; 23
142	142	(ii) That has a consistent regional market for purchase by end users in the production of 24
143	143	new products; and 25
144	144	(iii) Which can be recycled with minimal losses of material during processing and 26
145	145	manufacturing. Whether a product or packaging type meets these criteria shall be determined by an 27
146	146	annual review process as described in § 23-99-6. 28
147	147	"Recyclable" does not include material processed through advanced recycling, chemical 29
148	148	recycling, combustion, gasification, incineration, pyrolysis, solvolysis, thermal desorption, waste-30
149	149	to-energy, waste-to-fuel, or any other chemical or molecular conversion process. 31
150	150	(19) "Recycled" means the use of discarded packaging materials or products in the 32
151	151	production of a new product or packaging in place of virgin materials. Material will not be 33
152	152	considered "recycled" if it is used as landfill cover. "Recycled" material does not include 34
153	153
154	154
155	155	LC000974 - Page 5 of 21
156	156	contaminants, residues, and other process losses. 1
157	157	(20) "Recycling" means the series of activities by which material is: 2
158	158	(i) Collected, transported, sorted, and processed; 3
159	159	(ii) Used in industrial feedstocks in place of virgin materials to manufacture new products 4
160	160	with minimal loss of material quality and quantity, as determined through the process set forth in § 5
161	161	23-99-6. "Recycling" does not include energy recovery or energy generation by any means, 6
162	162	including, but not limited to, advanced recycling, chemical recycling, combustion, gasification, 7
163	163	incineration, pyrolysis, solvolysis, thermal desorption, waste-to-energy, waste-to-fuel, or any other 8
164	164	chemical or molecular conversion process. It also does not include landfill disposal of discarded 9
165	165	material or discarded product component materials, including the use of materials as landfill cover. 10
166	166	(21) "Recycling rate" means the percentage of any given packaging type that is ultimately 11
167	167	recycled. The recycling rate for any packaging material shall be calculated as the total weight of 12
168	168	packaging that is recycled in a given year divided by the total weight of packaging generated. 13
169	169	Material losses (contaminants and residues) accruing during collection, processing and 14
170	170	manufacturing new products do not count as recycled and should not be in the numerator of the 15
171	171	equation. 16
172	172	(22) "Reuse" means the return of packaging back into the economic stream for use in the 17
173	173	same kind of application intended for the original packaging, without effectuating a change in the 18
174	174	original composition of the package, the identity of the product, or the components thereof. 19
175	175	(23) "Reuse and refill system" means a program or set of mechanisms designed to facilitate 20
176	176	multiple uses of packaging. Mechanisms may include, but are not limited to, deposits, incentives, 21
177	177	curbside collection, collection kiosks, refill stations, dishwashing facilities, and re-distribution 22
178	178	networks. 23
179	179	(24) "Reusable or refillable packaging and containers" means packaging material and 24
180	180	containers that are specifically designed and manufactured to maintain its shape and structure, and 25
181	181	be materially durable for repeated sanitizing, washing, and reuse. 26
182	182	(25) "Toxic substance" means a chemical or chemical class identified by a state agency, 27
183	183	federal agency, international intergovernmental agency, accredited research university, or other 28
184	184	scientific entity deemed authoritative by the department on the basis of credible scientific evidence 29
185	185	as being one or more of the following: 30
186	186	(i) A chemical or chemical class that is a carcinogen, mutagen, reproductive toxicant, 31
187	187	immunotoxin, neurotoxicant, or endocrine disruptor; 32
188	188	(ii) A chemical or chemical class that is persistent or bioaccumulative; 33
189	189	(iii) A chemical or chemical class that may harm the normal development of a fetus or child 34
190	190
191	191
192	192	LC000974 - Page 6 of 21
193	193	or cause other developmental toxicity in humans or wildlife; 1
194	194	(iv) A chemical or chemical class that may harm organs or cause other systemic toxicity; 2
195	195	(v) A chemical or chemical class that may have adverse air quality impacts, adverse 3
196	196	ecological impacts, adverse soil quality impacts, or adverse water quality impacts; or 4
197	197	(vi) A chemical or chemical class that the department has determined has equivalent 5
198	198	toxicity to the criteria listed in this definition. 6
199	199	(26) "Unit" means each discrete component of a package or container, including material 7
200	200	that is used for the containment, protection, handling, delivery, transport, distribution, and 8
201	201	presentation of a product that is sold, offered for sale, imported, or distributed in the state, including 9
202	202	through Internet transactions. 10
203	203	(27) "Universal Product Code" or "UPC" means a standard for encoding a set of lines and 11
204	204	spaces that can be scanned and interpreted into numbers for product identification purposes. 12
205	205	"Universal product code" includes any industry-accepted barcode used for product identification 13
206	206	purposes in a manner similar to a UPC, including, but not limited to, a European Article Number. 14
207	207	23-99-3. Packaging reduction and recycling program. 15
208	208	(a) This chapter establishes a packaging reduction and recycling program by which 16
209	209	producers who sell, offer for sale, or distribute products contained, protected, delivered, presented, 17
210	210	or distributed in packaging shall pay fees based on the quantity and type of packaging used in the 18
211	211	state. The fees shall be used to fund the administration of this program. Producers shall also be 19
212	212	required to make changes to the design of their products in order to meet packaging reduction and 20
213	213	recycling requirements. 21
214	214	(b) The department shall contract with a 501(c)(3) nonprofit, to act as the packaging 22
215	215	reduction organization, which shall collect packaging reduction, generation, and recycling 23
216	216	information and fee payments, as described in § 23-99-9, from participating producers. The 24
217	217	payments collected from producers shall be deposited into the packaging reduction fund to 25
218	218	reimburse local governments for the costs associated with reducing and managing packaging waste, 26
219	219	reimburse the department for their administration of the program, and to support eligible projects 27
220	220	that reduce packaging waste by investing in packaging reduction and elimination, reuse and refill 28
221	221	systems and programs, recycling infrastructure, and comprehensive multi-media educational 29
222	222	programs. 30
223	223	(c) No later than eighteen (18) months after the effective date of this chapter, the 31
224	224	department shall conduct a statewide packaging reduction, reuse, and recycling needs assessment 32
225	225	as described in § 23-99-8 to determine the current state of packaging reuse, recycling, and disposal, 33
226	226	and to identify barriers and opportunities to reduce the amount of packaging discarded and disposed 34
227	227
228	228
229	229	LC000974 - Page 7 of 21
230	230	of, and to increase the reusability and recyclability of packaging. 1
231	231	(d) The auditor general shall conduct an annual audit of the program, including, but not 2
232	232	limited to, the amount of money received; the amount of money sent to local governments; the 3
233	233	amount of money used to invest in reduction, recycling, and reuse programs and services by the 4
234	234	packaging reduction organization and any state offices; the amount of discarded packaging 5
235	235	generated, reduced, and recycled; any recommendations for improvement of the program. The audit 6
236	236	shall be a public document. 7
237	237	23-99-4. Producer responsibilities and exemptions of small producers. 8
238	238	(a) One year after the selection of the packaging reduction organization as required by § 9
239	239	23-99-5, a producer shall not sell, offer for sale, or distribute into the state a product contained, 10
240	240	protected, delivered, presented, or distributed in packaging unless the producer is: 11
241	241	(1) Registered with the packaging reduction organization; and 12
242	242	(2) In full compliance with all requirements of this chapter. 13
243	243	(b) A producer shall annually report to the packaging reduction organization: 14
244	244	(1) The total amount, by unit, of each type of packaging material sold, offered for sale, or 15
245	245	distributed for sale into the state by the producer in the prior calendar year; 16
246	246	(2) All information necessary for producer and the packaging reduction organization to 17
247	247	meet its obligations required pursuant to § 23-99-6. 18
248	248	(c) A producer shall annually submit a written statement, signed by the chief executive 19
249	249	officer, verifying the producer’s compliance with: 20
250	250	(1) The toxic substance reduction requirements of § 23-99-13; 21
251	251	(2) The packaging reduction requirements of § 23-99-11; and 22
252	252	(3) The packaging recycling requirements of § 23-99-12. 23
253	253	(d) A producer is exempt from the requirements and prohibitions of this chapter in a 24
254	254	calendar year in which: 25
255	255	(1) The producer realized less than one million dollars ($1,000,000) in total gross revenue 26
256	256	during the prior calendar year; or 27
257	257	(2) The producer sold, offered for sale, or distributed for sale products contained, protected, 28
258	258	delivered, presented, or distributed in or using less than one ton of packaging material in total during 29
259	259	the prior calendar year. 30
260	260	(e) A producer claiming an exemption under this section shall provide the department with 31
261	261	sufficient information to demonstrate that the claimant is eligible for an exemption. 32
262	262	23-99-5. Selection of the packaging reduction organization. 33
263	263	(a) Consistent with the requirements of this section, within one year after the promulgation 34
264	264
265	265
266	266	LC000974 - Page 8 of 21
267	267	of rules as required by § 23-99-15, the department shall select and enter into a contract with a 1
268	268	501(c)(3) nonprofit organization to act as the packaging reduction organization in order to operate 2
269	269	the packaging reduction and recycling program for a period of ten (10) years. 3
270	270	(b) Consistent with applicable competitive bidding requirements under state purchasing 4
271	271	laws and following the initial adoption of rules by the department pursuant to § 23-99-15, the 5
272	272	department shall issue a request for a proposal for the operation of the packaging reduction and 6
273	273	recycling program. The proposals shall be required to cover the ten (10) year operation of the 7
274	274	program by the successful bidder and shall be required to include, at a minimum, the following 8
275	275	information: 9
276	276	(1) A description of how the bidder will administer the packaging reduction and recycling 10
277	277	program, including the mechanisms and processes for providing assistance to producers to comply 11
278	278	with the reporting requirements of this chapter; 12
279	279	(2) The mechanisms and processes the bidder will use to compile information from 13
280	280	participating producers; 14
281	281	(3) How the bidder intends to establish and manage the packaging reduction fund, 15
282	282	including, but not limited to, public participation, the staffing the bidder intends to use for 16
283	283	management of the fund, and the plan for providing technical support to interested persons 17
284	284	regarding use of the funds; 18
285	285	(4) A financial assurance plan that ensures all funds held in the packaging reduction fund 19
286	286	are immediately and exclusively forfeited and transferred to or otherwise made immediately 20
287	287	available to the department if the packaging reduction organization contract with the department is 21
288	288	terminated by the department, or expires; 22
289	289	(5) A proposed budget outlining the anticipated costs of operating the producer 23
290	290	responsibility program, including identification of any start-up costs that will not be ongoing and a 24
291	291	description of the method by which the bidder intends to determine and collect producer payments 25
292	292	during the initial startup period; 26
293	293	(6) A certification that the bidder will not share, except with the department, information 27
294	294	provided to the bidder by a producer that is proprietary information and that is identified by the 28
295	295	producer as proprietary information. The certification shall include a description of the methods by 29
296	296	which the bidder intends to ensure the confidentiality of such information; and 30
297	297	(7) Any other additional information required by the department. 31
298	298	(c) If, at the close of the competitive bidding process set forth in this section, the department 32
299	299	determines that no bidder has submitted, in accordance with this section, a proposal that meets the 33
300	300	requirements of this section, the department shall run the program by itself or a designated state 34
301	301
302	302
303	303	LC000974 - Page 9 of 21
304	304	public body. 1
305	305	23-99-6. Responsibilities of the packaging reduction organization. 2
306	306	(a) The packaging reduction organization shall: 3
307	307	(1) Register all producers; 4
308	308	(2) Collect and compile data from producers as required by § 23-99-4; 5
309	309	(3) Collect fees due from producers as required by § 23-99-9; 6
310	310	(4) Reimburse the department and the auditor general for the costs associated with 7
311	311	conducting the needs assessment required by § 23-99-8; 8
312	312	(5) Distribute funds to reimburse local governments and private companies for the costs 9
313	313	associated with the implementation of reduction and refill and reuse programs, collection, 10
314	314	transportation, and recycling of packaging materials as required by § 23-99-10; 11
315	315	(6) Make recommendations to the department regarding investments toward packaging 12
316	316	reduction, reuse, and recycling as required by § 23-99-10; and 13
317	317	(7) Offer technical support to participating producers, with an emphasis on support to small 14
318	318	businesses, to assist them with compliance with the requirements of this chapter, including 15
319	319	information about procuring affordable alternatives to non-compliant packaging and reducing 16
320	320	packaging. 17
321	321	(b) Annually, the packaging reduction organization shall submit a report to the department 18
322	322	that, at a minimum, shall include the following information: 19
323	323	(1) Contract information for the packaging reduction organization; 20
324	324	(2) A list of all participating producers, brand(s), and products identified by the Universal 21
325	325	Product Code (UPC) that the producer sells, offers for sale, or distributes into the state that are 22
326	326	contained, protected, delivered, presented, or distributed in or using packaging; 23
327	327	(3) The total amount, by both weight and number of units of each type of packaging 24
328	328	material used to contain, protect, handle, deliver, transport, distribute, or present products sold, 25
329	329	offered for sale, or distributed into the state by each individual producer during the prior calendar 26
330	330	year; 27
331	331	(4) The total amount, by both weight and number of units, of each type of packaging 28
332	332	material used to contain, protect, handle, deliver, transport, distribute, or present products sold, 29
333	333	offered for sale, or distributed into the state by all producers during the prior calendar year. 30
334	334	(5) A complete accounting of all payments made to and by the packaging reduction 31
335	335	organization during the prior calendar year; 32
336	336	(6) A list of producers believed to be out of compliance with the requirements of this 33
337	337	chapter, and the reason the packaging reduction organization believes the producer to be out of 34
338	338
339	339
340	340	LC000974 - Page 10 of 21
341	341	compliance. Information on non-compliant companies shall be provided to the attorney general’s 1
342	342	office in a timely fashion and for possible enforcement action by that office; 2
343	343	(7) A description of the educational and outreach efforts made by the packaging reduction 3
344	344	organization in the prior calendar year, and how those efforts were designed to reduce packaging 4
345	345	waste, and increase reuse and recycling of packaging materials; 5
346	346	(8) An assessment of whether the fee structure adopted by the department pursuant to § 23-6
347	347	99-9 has been effective in incentivizing improvements to the design of packaging material, 7
348	348	including actual reduction of packaging, increases in reusable and refillable packaging, recycling 8
349	349	rates for packaging materials, and decreases in the amount of packaging; 9
350	350	(9) A description of the reimbursements and expenditures made pursuant to § 23-99-10; 10
351	351	and 11
352	352	(10) Any additional information required by the department. 12
353	353	(c) The packaging reduction organization shall conduct an annual review process to 13
354	354	determine whether products and packaging materials are recyclable. This review shall be conducted 14
355	355	in consultation with representatives of end markets, including recycled commodities brokers and 15
356	356	manufacturers who purchase post-consumer material for use in manufacturing new products. For 16
357	357	the purposes of calculating producer payments and municipal reimbursements in accordance with 17
358	358	this chapter, this annual process shall include a transitional period between the date the 18
359	359	determination is finalized and the date it goes into effect. 19
360	360	(d) The packaging reduction organization shall conduct public outreach and provide 20
361	361	consumers with educational and informational materials related to reducing the amount of 21
362	362	packaging discarded, recycled, and disposed of in the state. The outreach and education shall, at a 22
363	363	minimum, include: 23
364	364	(1) A description of the environmental, social, economic, and environmental justice impact 24
365	365	associated with improper disposal of packaging materials; 25
366	366	(2) At least three (3) public hearings in geographically diverse parts of the state each year, 26
367	367	to solicit public input on the implementation and effectiveness of this chapter and suggested 27
368	368	improvements; 28
369	369	(3) Information regarding the management of discarded packaging including reuse, 29
370	370	recycling, composting, and disposal by landfilling and incineration; 30
371	371	(4) The location and availability of curbside and drop-off collection opportunities for 31
372	372	packaging waste, including deposit and take-back programs; 32
373	373	(5) Description of the environmental, social, economic, and environmental justice impact 33
374	374	associated with failure to reuse or recycle packaging materials; 34
375	375
376	376
377	377	LC000974 - Page 11 of 21
378	378	(6) Information regarding municipal reimbursement for the costs associated with 1
379	379	packaging reuse, recycling, and disposal; and 2
380	380	(7) Any other information required by the department. 3
381	381	(e) The public outreach and education conducted by the packaging reduction organization 4
382	382	shall: 5
383	383	(1) Utilize all available forms of media, including, but not limited to, television, radio, 6
384	384	print, electronic, and web-based media to provide information directly to residents in the state, in 7
385	385	multiple languages; 8
386	386	(2) Be coordinated with the various local governments in the state to incorporate electronic, 9
387	387	print, web-based and social media elements that individual local governments may elect to use, at 10
388	388	their discretion, to provide education directly to their residents; 11
389	389	(3) Be provided to producers for inclusion on their packaging’s label to inform consumers 12
390	390	about the methods to responsibly reuse, recycle, or dispose of the packaging; and 13
391	391	(4) Be coordinated with other similar public outreach and education programs in the state 14
392	392	as necessary to avoid consumer confusion and facilitate the consolidation of available resources. 15
393	393	(f) In addition to engaging in the public education and outreach required by this section, 16
394	394	the packaging reduction organization shall be authorized to provide producers and retailers with 17
395	395	educational materials related to the responsible reduction, reuse, recycling, or disposal of discarded 18
396	396	packaging. The educational and informational materials provided to the retailer under this 19
397	397	subsection may include, but need not be limited to, printed materials, signage, templates of 20
398	398	materials that can be reproduced by retailers and provided thereby to consumers at the time of a 21
399	399	product’s purchase, and advertising materials that promote and encourage consumers to properly 22
400	400	reuse, recycle, or dispose of packaging materials. 23
401	401	(g) The packaging reduction organization shall not spend funds on lobbying federal, state, 24
402	402	or local governments or the making of campaign contributions to any candidates running for office. 25
403	403	23-99-7. Responsibilities of the department. 26
404	404	(a) Beginning one year after the selection of the packaging reduction organization pursuant 27
405	405	to § 23-99-5, and annually thereafter, the department shall work with the packaging reduction 28
406	406	organization to: 29
407	407	(1) Calculate the amount of packaging that was generated during the prior calendar year; 30
408	408	(2) Calculate the recycling rate for all packaging during the prior calendar year; 31
409	409	(3) Calculate the recycling rate for each packaging material type during the prior calendar 32
410	410	year; and 33
411	411	(4) Develop a list of producers believed to be out of compliance with the requirements of 34
412	412
413	413
414	414	LC000974 - Page 12 of 21
415	415	this chapter. 1
416	416	(b) In the event that the department determines that the packaging reduction organization 2
417	417	no longer meets the requirements of this chapter or fails to implement and administer the 3
418	418	requirements of this chapter in a manner that effectuates the purposes of this chapter, the department 4
419	419	shall revoke its approval of the packaging reduction organization and shall select a new packaging 5
420	420	reduction organization to replace it, or, in the alternative, may elect to operate the program itself. 6
421	421	(c) The department or attorney general shall take enforcement action against all non-7
422	422	compliant producers in accordance with § 23-99-16. 8
423	423	23-99-8. Statewide reduction, reuse, and recycling needs assessment. 9
424	424	(a) Consistent with applicable competitive bidding requirements, within one year after 10
425	425	promulgating the rules and regulations required to implement this chapter, and every five (5) years 11
426	426	thereafter, the department shall issue a request for proposals to conduct a statewide packaging 12
427	427	reduction, reuse, and recycling needs assessment, hereinafter "needs assessment", to identify 13
428	428	barriers and opportunities for reducing, reusing, and recycling packaging materials. The proposals 14
429	429	shall include, at a minimum, a description of how the bidder will conduct the needs assessment to 15
430	430	evaluate the following: 16
431	431	(1) The current recycling rate for each type of packaging material; 17
432	432	(2) The amount, by weight and material type, of packaging recycled at each recycling 18
433	433	facility that accepts discarded packaging generated in the state; 19
434	434	(3) The processing capacity, market conditions, and opportunities in the state and 20
435	435	regionally for recyclable materials; 21
436	436	(4) The net cost of end-of-life management of discarded packaging in the state, including 22
437	437	the cost associated with the collection, transportation, sortation, recycling, landfilling, or 23
438	438	incineration of discarded packaging; 24
439	439	(5) The availability of opportunities in the recycling, and reuse system for businesses 25
440	440	owned by women and people of color; 26
441	441	(6) Current barriers affecting recycling access and availability in the state; 27
442	442	(7) Current barriers to the marketability of recyclable materials generated in the state; 28
443	443	(8) Opportunities for the creation of packaging reuse and refill programs in the state; 29
444	444	(9) Opportunities for the improvement of packaging recycling in the state, including the 30
445	445	development of end markets for recycled packaging materials; 31
446	446	(10) Current barriers affecting the creation and implementation of packaging reuse and 32
447	447	refill programs; and 33
448	448	(11) Consumer education needs in the state with respect to packaging waste reduction, 34
449	449
450	450
451	451	LC000974 - Page 13 of 21
452	452	recycling, reducing contamination in recycling, and reuse and refill systems for packaging. 1
453	453	(b) After reviewing proposals, the department shall select an applicant to perform the needs 2
454	454	assessment. If, at the close of the competitive bidding process, the department determines that no 3
455	455	applicant can successfully perform the needs assessment, the department shall perform the needs 4
456	456	assessment itself, or designate another state office to do it. 5
457	457	(c) The cost incurred by the department or designee associated with conducting the needs 6
458	458	assessment shall be paid for by funds from the packaging reduction and recycling fund. 7
459	459	(d) The department shall report the results of the study to the public, the media, state 8
460	460	legislature, the governor, the auditor general and the attorney general, who are all directed to 9
461	461	coordinate enforcement of this law. 10
462	462	23-99-9. Assessment of fees. 11
463	463	(a) The department shall promulgate regulations setting forth the manner in which producer 12
464	464	payments on packaging materials shall be calculated and assessed. 13
465	465	(b) The payments shall be calculated based on the total amount, by weight, of each type of 14
466	466	packaging material used to contain, protect, deliver, present, or distribute a product sold, offered 15
467	467	for sale, or distributed into the state by the producer in the prior calendar year. 16
468	468	(c) The list of packaging material types for which there is a specific fee shall include, at a 17
469	469	minimum, the following material types: 18
470	470	(1) Polyethylene terephthalate (PET or PETE); 19
471	471	(2) High density polyethylene (HDPE); 20
472	472	(3) Polyvinyl Chloride (PVC); 21
473	473	(4) Low density polyethylene (LDPE); 22
474	474	(5) Polypropylene (PP); 23
475	475	(6) Polystyrene (PS) including expanded polystyrene; 24
476	476	(7) Other plastic resin types not specifically identified here; 25
477	477	(8) Bio-plastics; 26
478	478	(9) Paper; 27
479	479	(10) Cardboard; 28
480	480	(11) Wood; 29
481	481	(12) Glass; 30
482	482	(13) Bi-metal, steel and other ferrous metals; 31
483	483	(14) Aluminum and other non-ferrous metals; 32
484	484	(15) Mixed materials including laminates and packaging containing more than one of the 33
485	485	above materials; and 34
486	486
487	487
488	488	LC000974 - Page 14 of 21
489	489	(16) Any other material used for consumer packaging. 1
490	490	(d) The fees shall be designed to cover, at a minimum, the total cost associated with: 2
491	491	(1) The collection transportation, and management of each type of packaging material used 3
492	492	to contain, protect, deliver, present, or distribute products sold, offered for sale, or distributed into 4
493	493	the state by all producers; 5
494	494	(2) The department’s and other state agencies’ administration of this chapter; 6
495	495	(3) The packaging reduction organization’s administration of the packaging reduction and 7
496	496	recycling program; 8
497	497	(4) The cost associated with the development of the statewide packaging reduction, reuse, 9
498	498	and recycling needs assessment pursuant to § 23-99-8; and 10
499	499	(5) Any other factors determined by the department. 11
500	500	(e) The fees adopted under this section shall delineate criteria to be used to initially 12
501	501	establish and subsequently adjust producer payments in a manner that incentivizes: 13
502	502	(1) A reduction in the total packaging as measured by weight used by producers, and 14
503	503	discarded by consumers, businesses, institutions, and other users. Weight reductions shall not be 15
504	504	achieved by substituting plastic for other materials types; 16
505	505	(2) An increase in the proportion of a producer’s total packaging that is managed within a 17
506	506	reuse and refill system; 18
507	507	(3) An increase in the proportion of a producer’s total packaging that is deemed recyclable 19
508	508	as determined by an annual review process as described in § 23-99-6; 20
509	509	(4) An increase in the proportion of a producer’s total packaging that is ultimately recycled; 21
510	510	(5) A reduction in toxic components in packaging materials; and 22
511	511	(6) A reduction in litter from packaging materials. 23
512	512	(f) There shall be no fee assessed on packaging that is designed for reuse and refill and 24
513	513	contained within a reuse or refill system. 25
514	514	(g) The department shall update and revise the fees every three (3) years. 26
515	515	23-99-10. Packaging reduction fund. 27
516	516	(a) There is hereby established, a separate, non-lapsing, interest-bearing fund to be known 28
517	517	as the packaging reduction fund, which will be managed by the packaging reduction organization 29
518	518	with oversight from the department. 30
519	519	(b) The packaging reduction organization shall deposit into the fund all payments received 31
520	520	from producers in accordance with § 23-99-9, and all penalties collected pursuant to § 23-99-16. 32
521	521	(c) Beginning one year after the first payment of fees by producers pursuant to § 23-99-9, 33
522	522	and annually thereafter, the packaging reduction organization shall: 34
523	523
524	524
525	525	LC000974 - Page 15 of 21
526	526	(1) Retain a portion of the fees deposited into the packaging reduction fund to cover the 1
527	527	costs associated with its administration of the packaging reduction and recycling program; and 2
528	528	(2) Reimburse the department, the office of the inspector general, the office of attorney 3
529	529	general, the auditor general and all other state entities for the costs associated with administering 4
530	530	and enforcing the requirements of this chapter and its implementation regulations. This 5
531	531	reimbursement shall include costs associated with performing, revising, and updating the statewide 6
532	532	packaging reduction, reuse, and recycling needs assessment required by § 23-99-8. This 7
533	533	reimbursement shall also cover any costs incurred by the department in adopting and revising rules 8
534	534	and regulations as well as administering and enforcing the requirements of this chapter. 9
535	535	(d) Beginning one year after the first payments of fees by producers pursuant to § 23-99-10
536	536	9, and annually thereafter, the packaging reduction organization shall distribute money from the 11
537	537	packaging reduction fund to reimburse local governments for the costs incurred for the 12
538	538	management, reduction, and recycling of packaging waste, as long as the local government 13
539	539	provides recycling services to all residents, businesses, schools, and institutions in their jurisdiction. 14
540	540	Local governments that contract with private haulers and recyclers to handle the management, 15
541	541	reduction, and recycling of packaging waste are eligible for reimbursement, as long as the private 16
542	542	hauler or recycler provides recycling services to all residents, businesses, schools, and institutions 17
543	543	within the local government’s jurisdiction. Nothing in this subsection shall be interpreted as 18
544	544	allowing for the reimbursement of costs associated with the disposal of packaging. 19
545	545	(e) Beginning one year after the first payment of fees by producers pursuant to § 23-99-9, 20
546	546	and annually thereafter, the packaging reduction organization shall make all remaining funds 21
547	547	following the reimbursement and distributions required by subsections (c) and (d) of this section, 22
548	548	available for projects and programs that will help achieve the packaging reduction requirements of 23
549	549	§ 23-99-11, and the packaging recycling requirements of § 23-99-12. Annually, the money 24
550	550	allocated for projects and programs under this subsection shall be at least fifty percent (50%) of the 25
551	551	money provided to local governments pursuant to subsection (d) of this section. 26
552	552	(1) Funds may be used for investment in collection systems, transportation systems, reuse 27
553	553	systems, washing systems, redistribution systems, technology for tracking and data collection, 28
554	554	capital expenditures on new and emerging technology focused on reusable and refillable packaging, 29
555	555	as well as equipment, and facilities, and other projects determined by the department to facilitate 30
556	556	the goals and objectives of this chapter. 31
557	557	(2) Funds may also be used for investment in public outreach and education in ways that 32
558	558	increase access and participation in packaging reduction, reuse, refill, and recycling systems 33
559	559	throughout the state. 34
560	560
561	561
562	562	LC000974 - Page 16 of 21
563	563	(3) The packaging reduction organization shall prioritize investments for projects and 1
564	564	programs that will directly benefit environmental justice communities, including, but not limited 2
565	565	to, communities that are home to a landfill, incinerator, transfer station, or waste-to-energy facility. 3
566	566	(4) Any investments made pursuant to this subsection shall be approved by the department. 4
567	567	The department shall approve or deny proposed investments within ninety (90) days of receipt of 5
568	568	a proposal from the packaging reduction organization. The investments may be approved, at the 6
569	569	discretion of the department, as long as the proposed investment shall, at a minimum: 7
570	570	(i) Increase the transition of packaging from non-reusable to reduced, reusable or refillable 8
571	571	packaging; 9
572	572	(ii) Increase access to reuse and refill infrastructure in the state; 10
573	573	(iii) Increase the capacity of reuse and refill infrastructure in the state; 11
574	574	(iv) Provide reuse and refill instructions that are, to the extent practicable, consistent 12
575	575	statewide, easy to understand, translated into various commonly used languages, and easily 13
576	576	accessible; or 14
577	577	(v) Provide for outreach and education that are coordinated across programs or regions to 15
578	578	avoid confusion for residents and developed in consultation with local government and the public. 16
579	579	23-99-11. Packaging reduction requirements. 17
580	580	(a) Each individual producer is required to meet the packaging reduction requirements 18
581	581	contained in this section as follows: 19
582	582	(1) Beginning two (2) years after a producer first registers with the packaging reduction 20
583	583	organization, a producer shall reduce the amount of packaging used to contain, protect, deliver, 21
584	584	present, or distribute the products they sell, offer for sale, or distribute for sale into the state, by ten 22
585	585	percent (10%) by weight. 23
586	586	(2) Beginning four (4) years after a producer first registers with the packaging reduction 24
587	587	organization, a producer shall reduce the amount of packaging used to contain, protect, deliver, 25
588	588	present, or distribute the products they sell, offer for sale, or distribute for sale into the state, by 26
589	589	twenty percent (20%) by weight. 27
590	590	(3) Beginning six (6) years after a producer first registers with the packaging reduction 28
591	591	organization, a producer shall reduce the amount of packaging used to contain, protect, deliver, 29
592	592	present, or distribute the products they sell, offer for sale, or distribute for sale into the state, by 30
593	593	thirty percent (30%) by weight. 31
594	594	(4) Beginning eight (8) years after a producer first registers with the packaging reduction 32
595	595	organization, a producer shall reduce the amount of packaging used to contain, protect, deliver, 33
596	596	present, or distribute the products they sell, offer for sale, or distribute for sale into the state, by 34
597	597
598	598
599	599	LC000974 - Page 17 of 21
600	600	forty percent (40%) by weight. 1
601	601	(5) Beginning ten (10) years after a producer first registers with the packaging reduction 2
602	602	organization, a producer shall reduce the amount of packaging used to contain, protect, deliver, 3
603	603	present, or distribute the products they sell, offer for sale, or distribute for sale into the state, by 4
604	604	fifty percent (50%) by weight. 5
605	605	(b) The reductions required by this section shall be measured against the total amount of 6
606	606	packaging the producer used to contain, protect, deliver, present, or distribute the products they 7
607	607	sold, offered for sale, or distributed for sale, during the first year they registered with the packaging 8
608	608	reduction organization. 9
609	609	(c) These reductions required by this section may be achieved by using the following 10
610	610	strategies: 11
611	611	(1) Elimination of packaging components; 12
612	612	(2) Reduction of packaging components; 13
613	613	(3) Using reuse and refill systems; and 14
614	614	(4) Packaging rightsizing, light weighting, and optimization. 15
615	615	(d) The reductions required by this subsection shall not be achieved by substituting plastic 16
616	616	for other materials. 17
617	617	(e) In the case of a producer that enters the market with fifty percent (50%) or more by 18
618	618	weight of its packaging being reusable and contained within a reuse and refill system, that producer 19
619	619	may apply to the department for a waiver from the packaging reduction requirements. 20
620	620	23-99-12. Packaging recycling requirements. 21
621	621	(a) Each individual producer is required to meet the packaging recycling requirements 22
622	622	contained herein. 23
623	623	(b) A producer is required to ensure that the packaging used to contain, protect, deliver, 24
624	624	present, or distribute the products they sell, offer for sale, or distribute into the state, is made of a 25
625	625	material that meets the following recycling rates: 26
626	626	(1) Not less than thirty percent (30%) within five (5) years after the effective date of this 27
627	627	chapter; 28
628	628	(2) Not less than fifty percent (50%) within eight (8) years after the effective date of this 29
629	629	chapter; and 30
630	630	(3) Not less than seventy percent (70%) within twelve (12) years after the effective date of 31
631	631	this chapter. 32
632	632	(c) The requirements of subsection (b) of this section shall not apply to reusable or refillable 33
633	633	packaging or containers. 34
634	634
635	635
636	636	LC000974 - Page 18 of 21
637	637	23-99-13. Toxic reduction requirements. 1
638	638	(a) Beginning three (3) years after the promulgation of rules and regulations pursuant to § 2
639	639	23-99-15, and every three (3) years thereafter, the department shall designate at least ten (10) toxic 3
640	640	substances or families of toxic substances that may no longer be sold, offered for sale, distributed 4
641	641	for sale, or distributed for use in packaging in this state unless it determines there are not ten (10) 5
642	642	chemicals that meet the definition of toxic substances. If the department determines there are not 6
643	643	ten (10) toxic substances that meet such a definition, it shall publish a detailed statement of its 7
644	644	findings and conclusions supporting such determination. 8
645	645	(b) Within one hundred eighty (180) days of designating a toxic substance, the department 9
646	646	shall adopt regulations to prohibit the newly designated toxic substance in packaging, with an 10
647	647	effective date no later than two (2) years after such designation. 11
648	648	(c) Any producer that violates this section shall be subject to a fine for each violation not 12
649	649	to exceed fifty thousand dollars ($50,000) per violation. For the purposes of this section, each 13
650	650	product line that is sold, offered for sale, or distributed to consumers, via retail commerce, in the 14
651	651	state, including through an Internet transaction shall be considered a violation. 15
652	652	23-99-14. Establishment of the office of inspector general. 16
653	653	(a) The director of the department shall establish and appoint a standalone independent 17
654	654	inspector general within the department. The inspector general shall administratively report to the 18
655	655	director of the department. The inspector general shall evaluate the programs created by this chapter 19
656	656	on an annual basis to ensure it is properly functioning, and the producers are following the 20
657	657	requirements of this chapter. 21
658	658	(b) The director, the inspector general or designees, shall have the authority to investigate 22
659	659	the compliance of producers with all provisions of this chapter and to bring enforcement violations 23
660	660	against non-compliant producers. 24
661	661	23-99-15. Rulemaking. 25
662	662	(a) The department may promulgate rules and regulations as necessary to implement, 26
663	663	administer, and enforce this chapter. All initial rules and regulations developed to implement the 27
664	664	provisions of this chapter shall be promulgated no later than one year after the effective date of this 28
665	665	chapter. 29
666	666	(b) The department shall solicit input from the public of any draft rules or regulations to 30
667	667	implement this chapter, solicit public comment on draft rules or regulations for a period of at least 31
668	668	ninety (90) days, and hold a public hearing on the draft rules or regulations. 32
669	669	(c) The rules and regulations adopted by the department pursuant to this chapter shall 33
670	670	include, at a minimum: 34
671	671
672	672
673	673	LC000974 - Page 19 of 21
674	674	(1) A process for contracting with the packaging reduction organization pursuant to the 1
675	675	requirements of § 23-99-5; 2
676	676	(2) A process for annually determining a schedule of producer fees and payment collections 3
677	677	pursuant to the requirements of § 23-99-9; 4
678	678	(3) A process for collecting all necessary information to ensure producer compliance with 5
679	679	the requirements of this chapter; 6
680	680	(4) A process for evaluating whether a producer is in compliance with the packaging 7
681	681	reduction requirements of § 23-99-11; 8
682	682	(5) A process for evaluating whether a producer is in compliance with the packaging 9
683	683	recycling requirements of § 23-99-12; 10
684	684	(6) A process for evaluating whether a producer is in compliance with the toxic packaging 11
685	685	reduction requirements of § 23-99-13; 12
686	686	(7) A process for determining on an annual basis the types of packaging material that are 13
687	687	recyclable; 14
688	688	(8) A process for the assessment of the packaging reduction organization and the packaging 15
689	689	reduction and recycling program; 16
690	690	(9) Requirements for the packaging reduction organization to conduct a representative 17
691	691	audit of recyclable material processed and sold by facilities that process recyclable material 18
692	692	generated in the state and of municipal solid waste disposed of in the state; 19
693	693	(10) A process for establishing and enforcing penalties for all violations of the requirements 20
694	694	of this chapter; 21
695	695	(11) A process for determining new toxic substances in packaging pursuant to § 23-99-13; 22
696	696	(12) A process for how the department will oversee and monitor the packaging reduction 23
697	697	organization’s management of the packaging reduction fund, including a process for submitting 24
698	698	and reviewing proposals from the packaging reduction organization regarding investments in 25
699	699	projects and programs that will help achieve the packaging reduction requirements of § 23-99-11, 26
700	700	and the packaging recycling requirements of § 23-99-12; and 27
701	701	(13) A process for determining whether information is proprietary information and 28
702	702	therefore, shall be handled as confidential information. 29
703	703	23-99-16. Penalties and enforcement. 30
704	704	(a) Failure to comply with the requirements of this chapter by either the packaging 31
705	705	reduction organization or an individual producer shall subject the violators to penalties. The 32
706	706	department, inspector general, and the office of the attorney general, may conduct investigations, 33
707	707	including inspecting operations, facilities, and records of producers and the packaging reduction 34
708	708
709	709
710	710	LC000974 - Page 20 of 21
711	711	organization, and by performing audits of producers and the packaging reduction organization, to 1
712	712	determine whether entities are complying with the requirements of this chapter. 2
713	713	(b) The department, the inspector general, or the office of the attorney general, shall notify 3
714	714	the packaging reduction organization and producers of any conduct or practice that does not comply 4
715	715	with the requirements of this chapter and of any inconsistencies identified in an audit. 5
716	716	(c) The department, the inspector general, or the office of the attorney general, may issue 6
717	717	a notice of violation to, and impose an administrative civil penalty not to exceed one hundred 7
718	718	thousand dollars ($100,000) per day per violation on, any entity not in compliance with this chapter 8
719	719	or any of the regulations the department adopts to implement this chapter. For the purposes of this 9
720	720	section, each product line that is sold, offered for sale, or distributed to consumers, via retail 10
721	721	commerce, in the state, including through an Internet transaction, shall be considered a violation. 11
722	722	(d) Any funds collected under this section shall be deposited into the packaging reduction 12
723	723	fund. 13
724	724	23-99-17. Enforcement by action in superior court. 14
725	725	(a) The provisions of this chapter may be enforced by means of an action in the superior 15
726	726	court seeking either enforcement of civil penalties, injunctive relief, a declaratory judgment, a writ 16
727	727	of mandamus, or any combination thereof. No such action may be commenced without the plaintiff 17
728	728	providing written notice of the violations of this chapter to defendants at least sixty (60) days prior 18
729	729	to filing a legal action in superior court. 19
730	730	(b) All persons shall have standing to commence an enforcement actions for equitable 20
731	731	relief. 21
732	732	(c) Reasonable attorneys’ fees shall be recoverable by all substantially prevailing plaintiffs 22
733	733	who seek equitable relief under this section. 23
734	734	SECTION 2. This act shall take effect upon passage. 24
735	735	========
736	736	LC000974
737	737	========
738	738
739	739
740	740	LC000974 - Page 21 of 21
741	741	EXPLANATION
742	742	BY THE LEGISLATIVE COUNCIL
743	743	OF
744	744	A N A C T
745	745	RELATING TO HEALTH AND SAFETY -- EXTENDED PRODUCER RE SPONSIBILITY
746	746	FOR PACKAGING
747	747	***
748	748	This act would establish the packaging reduction and recycling program. The department 1
749	749	of environmental management (DEM) would be responsible for selection of an organization to 2
750	750	administer the program. The program over a multi-year basis would require reduction in the amount 3
751	751	of packaging material used for products. Additionally, this act would create a new position of 4
752	752	inspector general within DEM. Administrative penalties not to exceed one hundred thousand 5
753	753	dollars ($100,000) per day could be imposed for violations. A civil action for equitable relief for 6
754	754	any violation could be pursued by any person. Reasonable attorney fees would be recoverable for 7
755	755	a substantially prevailing party seeking equitable relief for a violation of the provisions of this act. 8
756	756	This act would take effect upon passage. 9
757	757	========
758	758	LC000974
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760	760