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Rhode Island Senate Bill S0671

Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0671 Compare Versions

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5-2023 -- S 0671 SUBSTITUTE A
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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
14-J O I N T R E S O L U T I O N
15-CREATING A SPECIAL JOINT LEGISLATIVE COMMISSION TO STUDY AND PROVIDE
16-RECOMMENDATIONS TO P ROTECT OUR ENVIRONME NT AND NATURAL
17-RESOURCES FROM PLAST IC BOTTLE WASTE
14+A N A C T
15+RELATING TO HEALTH AND SAFETY -- MINIATURE ALCOHOLIC BEVERAGE
16+CONTAINER ACT OF 2023
1817 Introduced By: Senators Miller, Euer, LaMountain, Valverde, DiMario, Lawson,
1918 Sosnowski, Lauria, and Murray
2019 Date Introduced: March 07, 2023
2120 Referred To: Senate Special Legislation and Veterans Affairs
2221
2322
24-WHEREAS, Plastic pollution is dangerous to the health of our oceans, harms our marine 1
25-species, contributes to climate change, and is a major component of unsightly litter both on our 2
26-lands and in our waters; and 3
27-WHEREAS, Rhode Island is on a path towards achieving net-zero carbon emission and 4
28-reducing our plastic refuse; and 5
29-WHEREAS, Plastics are found throughout our environment from street drains to 6
30-waterways; and 7
31-WHEREAS, It is in the best interests of the health, safety, and welfare of residents and 8
32-visitors to Rhode Island to protect our environment and natural resources from plastic waste; 9
33-now, therefore be it 10
34-RESOLVED, That a special joint legislative commission be and the same is hereby 11
35-created consisting of eighteen (18) members: three (3) of whom shall be members of the Senate, 12
36-not more than two (2) from the same political party, to be appointed by the President of the 13
37-Senate; and three (3) of whom shall be members of the House, not more than two (2) from the 14
38-same political party, to be appointed by the Speaker of the House; one of whom shall be the 15
39-Director of the Department of Environmental Management, or designee; one of whom shall be 16
40-the Director of Rhode Island Resource Recovery Corporation, or designee; one of whom shall be 17
41-the Executive Director of Save the Bay, or designee; one of whom shall be the Executive Director 18
42-of Clean Water Action, or designee; one of whom shall be the President of the Rhode Island 19
23+It is enacted by the General Assembly as follows:
24+SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby 1
25+amended by adding thereto the following chapter: 2
26+CHAPTER 18.18 3
27+MINIATURE ALCOHOLIC BEVERAGE CONTAINER DEPOSIT RECYCLING ACT OF 4
28+2023 5
29+23-18.18-1. Definitions. 6
30+As used in this chapter: 7
31+(1) ''Beverage'' means an alcoholic beverage as described in chapter 1 of title 3, including, 8
32+but not limited to, beer and other malt beverages, wine, or liquor. 9
33+(2) ''Beverage container'' means any sealable bottle, can, jar, or carton which is primarily 10
34+composed of glass, metal, plastic or any combination of those materials and is produced for the 11
35+purpose of containing a beverage. This definition shall not include containers made of 12
36+biodegradable material. 13
37+(3) ''Bottler'' means any person filling miniature alcoholic beverage containers for sale to 14
38+distributors or dealers, including dealers who bottle or sell their own brand of beverage. 15
39+(4) ''Consumer'' means any person who purchases an alcoholic beverage in a miniature 16
40+alcoholic beverage container for use or consumption with no intent to resell such beverage. 17
41+(5) ''Dealer'' means any person who engages in the sale of alcoholic beverages in miniature 18
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46-Beverage Association, or designee; one of whom shall be from the Rhode Island Alcohol 1
47-Beverage Distributors, to be appointed by the Speaker of the House; one of whom shall be the 2
48-Executive Director of the Rhode Island Food Dealers, or designee; one of whom shall be the 3
49-President and CEO of the National Beer Wholesalers, or designee; one of whom shall be from the 4
50-Rhode Island Liquor Collaborative, to be appointed by the President of the Senate; one of whom 5
51-shall be the Executive Director of the RI Audubon Society, or designee; one of whom shall be a 6
52-Rhode Island attorney who specializes in environmental law, to be appointed by the Speaker of 7
53-the House; and one of whom shall be a representative from a local convenience store, to be 8
54-appointed by the President of the Senate. 9
55-In lieu of any appointment of a member of the legislature to a legislative study 10
56-commission, or any commission created by a General Assembly resolution, the appointing 11
57-authority may appoint a member of the general public to serve in lieu of a legislator, provided that 12
58-the majority leader or the minority leader of the political party which is entitled to the 13
59-appointment consents to the member of the general public. 14
60-The purpose of said commission shall include, but not be limited to: 15
61-A comprehensive study on the issues with current practices for recycling of plastic 16
62-bottles, miniature alcoholic beverage containers, and single-use plastic packaging; 17
63-· Identify pathways to improve the state's ability to address and recycle plastic bottles, 18
64-miniature alcoholic beverage containers, and single-use plastic packaging; 19
65-· Compare container deposit programs and extender producer responsibility recycling 20
66-programs, including their methods and administration, that rely on state administration with those 21
67-that utilize third-party nonprofit entity administration; 22
68-· Waste diversion; 23
69-· Provide recommendations for market-based recycling opportunities for plastic bottles 24
70-and miniature alcoholic beverage containers; and 25
71-· Review and evaluate refund balances on bottle utilization. 26
72- By September 1, 2023, upon passage of the joint resolution, the members of the joint 27
73-legislative commission shall meet at the call of the Speaker of the House and the President of the 28
74-Senate to organize and shall select two (2) co-chairpersons from among the legislators. 29
75-Vacancies in said commission shall be filled in like manner as the original appointment. 30
76-The membership of said commission shall receive no compensation for their services. 31
77-All departments and agencies of the state, shall furnish such advice and information, 32
78-documentary and otherwise, to said commission and its agents as is deemed necessary or 33
79-desirable by the commission to facilitate the purposes of this resolution. 34
44+LC002472 - Page 2 of 7
45+alcoholic beverage containers to consumers in this state. 1
46+(6) ''Distributor'' means any person who engages in the sale of alcoholic beverages in 2
47+miniature alcoholic beverage containers to dealers in this state including any bottler who engages 3
48+in such sales. 4
49+(7) ''Label'' means a molded imprint or raised symbol on or near the bottom of a plastic 5
50+product. 6
51+(8) "Miniature alcoholic beverage container" means any sealable bottle, can, jar, or carton, 7
52+which is primarily composed of glass, metal, plastic, rigid plastic, or any combination of those 8
53+materials, that has a capacity of not more than one hundred milliliters (100 ml) and is produced for 9
54+the purpose of containing an alcoholic beverage as described in chapter 1 of title 3, which containers 10
55+are sometimes colloquially referred to as "nips." 11
56+(9) ''Plastic'' means any material made of polymeric organic compounds and additives that 12
57+can be shaped by flow. 13
58+23-18.18-2. Refund value -- Exemption. 14
59+Every miniature alcoholic beverage container sold or offered for sale in the state shall have 15
60+a refund value of not less than fifty cents ($0.50). The provisions of this section shall not apply to 16
61+such containers sold by a distributor for use by a common carrier in the conduct of interstate 17
62+passenger service 18
63+23-18.18-3. Refund of miniature alcoholic beverage container -- Refusal to accept 19
64+miniature alcoholic beverage container. 20
65+(a) Every consumer shall deposit with the dealer the refund value of each miniature 21
66+alcoholic beverage container purchased from that dealer. 22
67+(b) Except as provided in subsection (f) of this section, a dealer shall accept from any 23
68+person during business hours any empty miniature alcoholic beverage container of the type, size, 24
69+and brand sold by the dealer within the past sixty (60) days and shall pay that person the refund 25
70+value of each miniature alcoholic beverage container returned. 26
71+(c) Except as provided in subsection (f) of this section, a distributor shall accept from any 27
72+dealer any empty miniature alcoholic beverage container of the type, size, and brand sold by the 28
73+distributor within the past sixty (60) days and shall pay the dealer the refund value of the miniature 29
74+alcoholic beverage container plus a handling fee of at least four cents ($0.04) per container, if the 30
75+empty miniature alcoholic beverage container is presented at the time of and at the location at which 31
76+the dealer obtains filled miniature alcoholic beverage containers from the distributor. 32
77+(d) Except as provided in subsection (f) of this section, a bottler shall accept from a 33
78+distributor or a dealer any empty reusable miniature alcoholic beverage container of the type, size, 34
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83-The Joint Committee on Legislative Services is hereby authorized and directed to provide 1
84-suitable quarters for said commission; and be it further 2
85-RESOLVED, That the commission shall report its findings and recommendations to the 3
86-General Assembly no later than June 10, 2024, and said commission shall expire on June 30, 4
87-2024. 5
81+LC002472 - Page 3 of 7
82+and brand sold by the bottler within the past sixty (60) days and shall pay the distributor or dealer 1
83+the refund value of the beverage container plus a handling fee of at least four cents ($0.04) per 2
84+container. 3
85+(e) Any person may establish a redemption center and shall have the right to determine 4
86+what type, size, and brand of miniature alcoholic beverage container shall be accepted. Except as 5
87+provided in subsection (f) of this section, a distributor shall take from any redemption center any 6
88+empty miniature alcoholic beverage container of the type, size, and brand sold by the distributor 7
89+within the past sixty (60) days and shall pay the redemption center the refund value of the container 8
90+plus a handling fee of at least four cents ($0.04) per container. 9
91+(f) A dealer, distributor, redemption center, or bottler may refuse to accept any miniature 10
92+alcoholic beverage container which contains material foreign to the normal contents of the 11
93+container. 12
94+(g) Any bottler or distributor who receives deposits or handling charges under this chapter 13
95+shall segregate said deposits or handling charges in a fund which shall be maintained separately 14
96+from all other revenues. Said bottler or distributor shall report on a monthly basis to the Rhode 15
97+Island resource recovery corporation and the division of revenue, the amount of said deposits or 16
98+handling charges received and the amount refunded. 17
99+(h) Any bottler or distributor who is subject to the provisions of subsection (c), (d), or (e) 18
100+of this section shall maintain a separate account to be known as the deposit transaction fund. Said 19
101+fund shall be kept separate from all other revenues and accounts. Each bottler or distributor shall 20
102+place in said fund the refund value for all miniature alcoholic beverage containers it sells subject 21
103+to the provisions of this chapter. Except as specified in subsection (d) of this section, amounts in 22
104+such fund may only be expended to pay refund values paid after January 1, 2024, for returned 23
105+miniature alcoholic beverage containers pursuant to subsection (c), (d), or (e) of this section. 24
106+Amounts in such fund shall not be used to pay any handling fees required by subsection (c), (d), or 25
107+(e) of this section. Each such fund shall be maintained by said bottlers and distributors on behalf of 26
108+consumers who have purchased refundable miniature alcoholic beverage containers and on behalf 27
109+of the state and, except as specified in § 23-18.18-6, for no purpose are amounts in such fund to be 28
110+regarded as income of said bottlers or distributors. 29
111+(i) The obligations to accept or take empty miniature alcoholic beverage containers and to 30
112+pay the refund value and handling fees for such containers as described in subsections (b), (c), (d), 31
113+and (e) of this section shall apply only to containers originally sold in this state as filled miniature 32
114+alcoholic beverage containers. Any person who tenders to a dealer, distributor, redemption center, 33
115+or bottler more than ten (10) cases of twenty-four (24) empty miniature alcoholic beverage 34
116+
117+
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119+containers each, which a person knows or has reason to know were not originally sold in this state 1
120+as filled miniature alcoholic beverage containers, for the purpose of obtaining a refund value or 2
121+handling fee, shall be subject to the enforcement action and civil penalties set forth in § 23-18.18-3
122+10. For the purpose of this section and § 23-18.18-10, the term "person" shall include any 4
123+individual, partnership, corporation, or other combination or entity. 5
124+23-18.18-4. Reports by bottlers and distributors of transactions affecting deposit 6
125+transaction fund. 7
126+Every bottler or distributor shall report to the director of the division of revenue by the 8
127+tenth day of each month, concerning transactions affecting its deposit transaction fund in the 9
128+preceding month. Such report shall be made in a form prescribed by said director and shall include 10
129+the number of miniature alcoholic beverage containers sold and the number of miniature alcoholic 11
130+beverage containers returned in said month, the amount of deposits received in and payments made 12
131+from said fund in said month and the most recent three (3) month period, any income earned on 13
132+amounts in the deposit transaction fund during said preceding month, the balance in said deposit 14
133+transaction fund at the close of said preceding month, and such other information as the director of 15
134+revenue may require in furtherance of the director's duties pursuant to this chapter. 16
135+23-18.18-5. Abandoned deposit amounts -- Determination and transfer. 17
136+(a) At the end of each month, any amounts that are or should be in a bottler's or distributor's 18
137+deposit transaction fund and that are in excess of the sum of: 19
138+(1) Interest income earned on amounts in said account during that month; and 20
139+(2) The total amount of refund values received by said bottler or distributor for miniature 21
140+alcoholic beverage containers during that month and the two (2) preceding months, shall be deemed 22
141+to constitute abandoned deposit amounts. Income earned on said fund may be transferred from said 23
142+fund for use as funds of the bottler or distributor. 24
143+(b) By the tenth day of each month, each bottler or distributor shall turn over to the director 25
144+of the division of revenue any deposit amounts deemed to be abandoned at the close of the 26
145+preceding month, pursuant to subsection (a) of this section. Such amounts may be paid from the 27
146+deposit transaction fund. Amounts collected by the director of the division of revenue pursuant to 28
147+this subsection shall be deposited in the water pollution control revolving fund established by § 46-29
148+12.2-6. 30
149+23-18.18-6. Reimbursements to bottlers or distributors. 31
150+If in any month the authorized payments from the deposit transaction fund by a bottler or 32
151+distributor pursuant to § 23-18.18-2 exceed the funds that are or should be in its deposit transaction 33
152+fund, the state shall reimburse said bottler or distributor, from amounts received pursuant to § 23-34
153+
154+
155+LC002472 - Page 5 of 7
156+18.18-5, for those refunds paid by the bottler or distributor for miniature alcoholic beverage 1
157+containers for which the funds that are or should be in its deposit transaction fund are insufficient; 2
158+provided, however, that such reimbursements to a bottler or distributor for a month shall not exceed 3
159+the excess of: 4
160+(1) Amounts paid by said bottler or distributor to the state pursuant to § 23-18.18-5 in the 5
161+preceding twenty-four (24) months over; 6
162+(2) Amounts paid by this state to said bottler or distributor pursuant to this section during 7
163+said twenty-four (24) months. 8
164+23-18.18-7. Holding or connecting devices -- Breakdown by bacteria or light. 9
165+No dealer shall sell or offer for sale in the state containers connected to each other by a 10
166+separate holding device constructed of plastic rings or any other device or material which cannot 11
167+be broken down by bacteria and or by light into constituent parts as provided in chapter 38 of this 12
168+title. 13
169+23-18.18-8. Refund value -- Statement on container. 14
170+Every miniature alcoholic beverage container, offered for sale in the state by a bottler, 15
171+distributor, or dealer shall clearly indicate, by embossing or by stamp, or by label, or other method 16
172+securely affixed to any portion except the bottom of the miniature alcoholic beverage container, 17
173+the refund value of the container. A permanently labelled reusable glass miniature alcoholic 18
174+beverage container first imported into, or offered for sale in this state after the effective date of this 19
175+chapter by a bottler, distributor, or dealer shall clearly indicate, by embossing or by stamp, or by 20
176+label, or other method securely affixed to any portion except the bottom of the permanently labelled 21
177+reusable glass miniature alcoholic beverage container, that the container may be returned for 22
178+deposit. A dealer, distributor, redemption center, or bottler, may refuse to accept from any person 23
179+any empty miniature alcoholic beverage container which does not state thereon a refund value 24
180+23-18.18-9. Administration of provisions relating to bottlers and distributors -- Rules 25
181+and regulations. 26
182+(a) The director of the department of environmental management shall administer the 27
183+provisions of §§ 23-18.18-1, 23-18.18-2, 23-18.18-3(a) through (f), inclusive, 23-18.18-7, and 23-28
184+18.18-8. Said director shall promulgate rules and regulations to effectuate the purposes of said 29
185+sections. 30
186+(b) The director of the division of revenue shall administer the provisions of §§ 23-18.18-31
187+3(g) through (i), 23-18.18-4, 23-18.18-5, and 23-18.18-6. The director of the division of revenue 32
188+shall promulgate and from time to time revise rules and regulations to effectuate the purposes of 33
189+said sections. Said rules and regulations shall include a provision to permit bottlers or distributors 34
190+
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193+to borrow, without any interest charge, against their deposit transaction funds subject to such terms 1
194+and conditions as the director deems appropriate. 2
195+23-18.18-10. Enforcement. 3
196+(a) The attorney general shall enforce the provisions of this chapter. 4
197+(b) Any bottler, distributor, redemption center, or dealer who violates any provisions of 5
198+this chapter or any person who violates § 23-18.1-3 shall be subject to a civil penalty for each 6
199+violation of not more than one thousand dollars ($1,000). 7
200+(c) Any bottler or distributor failing to make full and timely payments as required by § 23-8
201+18.18-5 shall pay interest on any unpaid amounts at the rate of one and one-half percent (1.5%) for 9
202+each month or part thereof until payment is made in full; provided, however, that any person, 10
203+including a bottler, distributor, redemption center, or dealer, who violates the provisions of §  23-11
204+18.18-3(i) shall be subject to a civil penalty of not less than one hundred dollars ($100) for each 12
205+container or twenty-five thousand dollars ($25,000) for each tender of containers. 13
206+SECTION 2. This act shall take effect on January 1, 2024. 14
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94213 EXPLANATION
95214 BY THE LEGISLATIVE COUNCIL
96215 OF
97-J O I N T R E S O L U T I O N
98-CREATING A SPECIAL JOINT LEGISLATIVE COMMISSION TO STUDY AND PROVIDE
99-RECOMMENDATIONS TO P ROTECT OUR ENVIRONME NT AND NATURAL
100-RESOURCES FROM PLAST IC BOTTLE WASTE
216+A N A C T
217+RELATING TO HEALTH AND SAFETY -- MINIATURE ALCOHOLIC BEVERAGE
218+CONTAINER ACT OF 2023
101219 ***
102-This resolution would create an eighteen (18) member special joint legislative 1
103-commission whose purpose it would be to study and provide recommendations to protect our 2
104-environment from plastic bottle waste, and who would report back to the General Assembly no 3
105-later than June 10, 2024, and whose life would expire on June 30, 2024. 4
220+This act would create a refundable fifty cent ($0.50) deposit for miniature alcoholic 1
221+beverage containers, often referred to as "nips." 2
222+This act would take effect on January 1, 2024. 3
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