| 1 | 1 | | |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | 2023 -- S 0753 |
|---|
| 6 | 6 | | ======== |
|---|
| 7 | 7 | | LC002456 |
|---|
| 8 | 8 | | ======== |
|---|
| 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 -- BEVERAGE CONTAINER DEPOSIT |
|---|
| 16 | 16 | | RECYCLING ACT OF 2023 |
|---|
| 17 | 17 | | Introduced By: Senators Valverde, McKenney, DiMario, Miller, Murray, Euer, |
|---|
| 18 | 18 | | Sosnowski, Gallo, Gu, and Kallman |
|---|
| 19 | 19 | | Date Introduced: March 22, 2023 |
|---|
| 20 | 20 | | Referred To: Senate Special Legislation and Veterans Affairs |
|---|
| 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 18.18 3 |
|---|
| 27 | 27 | | BEVERAGE CONTAINER DEPOSIT RECYCLING ACT OF 2023 4 |
|---|
| 28 | 28 | | 23-18.18-1. Findings of fact. 5 |
|---|
| 29 | 29 | | The general assembly makes the following findings of fact: 6 |
|---|
| 30 | 30 | | (1) Single-use beverage containers are significant contributors to litter and marine debris; 7 |
|---|
| 31 | 31 | | (2) Recycling collection rates for beverage containers in Rhode Island are significantly 8 |
|---|
| 32 | 32 | | lower than recycling collection rates for beverage containers in states with container deposit 9 |
|---|
| 33 | 33 | | systems; 10 |
|---|
| 34 | 34 | | (3) Source-separated beverage containers collected via container deposit systems are more 11 |
|---|
| 35 | 35 | | likely to be recycled into new beverage containers than are containers collected via mixed-stream 12 |
|---|
| 36 | 36 | | recycling; 13 |
|---|
| 37 | 37 | | (4) Container deposit systems help create environmentally friendly local jobs; 14 |
|---|
| 38 | 38 | | (5) It is in the best interests of the health, safety, and welfare of residents of and visitors to 15 |
|---|
| 39 | 39 | | Rhode Island to protect our environment and our natural resources by improving recycling rates 16 |
|---|
| 40 | 40 | | and waste diversion through a container deposit system. 17 |
|---|
| 41 | 41 | | 23-18.18-2. Definitions. 18 |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | LC002456 - Page 2 of 11 |
|---|
| 45 | 45 | | As used in this chapter: 1 |
|---|
| 46 | 46 | | (1) "Beverage" means drinkable liquid intended for human consumption, including, but not 2 |
|---|
| 47 | 47 | | limited to beer or other malt beverages, wine, liquor, hard seltzer, other alcoholic drink as defined 3 |
|---|
| 48 | 48 | | in § 3-1-1, soda water or other carbonated soft drinks, water, mineral water, dairy drinks, fruit 4 |
|---|
| 49 | 49 | | juices, sports drinks, energy drinks, and iced teas or coffees. The term beverage does not include: 5 |
|---|
| 50 | 50 | | (i) A drug regulated under the federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 6 |
|---|
| 51 | 51 | | seq.); 7 |
|---|
| 52 | 52 | | (ii) Infant formula; or 8 |
|---|
| 53 | 53 | | (iii) A meal replacement liquid. 9 |
|---|
| 54 | 54 | | (2) "Beverage container" means any sealable bottle, can, or jar which is primarily 10 |
|---|
| 55 | 55 | | composed of glass, metal, plastic, or any combination of those materials and is produced for the 11 |
|---|
| 56 | 56 | | purpose of containing a beverage, and has a volume which is not less than fifty milliliters (50 ml), 12 |
|---|
| 57 | 57 | | nor greater than three (3) liters. The term "beverage container" does not include: 13 |
|---|
| 58 | 58 | | (i) Cartons; 14 |
|---|
| 59 | 59 | | (ii) Pouches; or 15 |
|---|
| 60 | 60 | | (ii) Aseptic packaging, such as drink boxes. 16 |
|---|
| 61 | 61 | | (3) "Bottler" means any person filling beverage containers for sale to distributors or dealers, 17 |
|---|
| 62 | 62 | | including dealers who bottle or sell their own brand of beverage. 18 |
|---|
| 63 | 63 | | (4) "Consumer " means any person who purchases a beverage in a beverage container for 19 |
|---|
| 64 | 64 | | use or consumption with no intent to resell such beverage. 20 |
|---|
| 65 | 65 | | (5) "Dealer" means any person who engages in the sale of beverages in beverage 21 |
|---|
| 66 | 66 | | containers, including beverage containers sold through a vending machine, to a consumer at the 22 |
|---|
| 67 | 67 | | retail level. 23 |
|---|
| 68 | 68 | | (6) "Department" means the department of environmental management. 24 |
|---|
| 69 | 69 | | (7) "Deposit initiator" or "initiator" means the first distributor to collect the deposit on a 25 |
|---|
| 70 | 70 | | beverage container sold to any person within this state. 26 |
|---|
| 71 | 71 | | (8) "Distributor" means any person who engages in the sale of beverages in beverage 27 |
|---|
| 72 | 72 | | containers to dealers in this state, including any bottler or manufacturer who engages in such sales. 28 |
|---|
| 73 | 73 | | (9) "Processing payment" means the amount of money that a distributor shall pay the Rhode 29 |
|---|
| 74 | 74 | | Island resource recovery corporation as determined by the department pursuant to § 23-18.18-8. 30 |
|---|
| 75 | 75 | | (10) "Redeemer" means every person who demands the refund value provided for in § 23-31 |
|---|
| 76 | 76 | | 18.18-4, in exchange for the empty beverage container, but shall not include a dealer as defined in 32 |
|---|
| 77 | 77 | | this section. 33 |
|---|
| 78 | 78 | | (11) "Redemption center" means any person offering to pay the refund value of an empty 34 |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | |
|---|
| 81 | 81 | | LC002456 - Page 3 of 11 |
|---|
| 82 | 82 | | beverage container to a redeemer, or any person who contracts with one or more dealers or 1 |
|---|
| 83 | 83 | | distributors to collect, sort, and obtain the refund value and handling fee of empty beverage 2 |
|---|
| 84 | 84 | | containers for, or on behalf of, such dealer or distributor. 3 |
|---|
| 85 | 85 | | (12) "Reusable beverage container" means any beverage container that is: 4 |
|---|
| 86 | 86 | | (i) Feasible for reuse or refill in current United States market conditions; and 5 |
|---|
| 87 | 87 | | (ii) Is reusable or refillable for such a number of cycles as determined to be appropriate by 6 |
|---|
| 88 | 88 | | the department. 7 |
|---|
| 89 | 89 | | (13) "Reverse vending machine" means an automated device that uses a laser scanner, 8 |
|---|
| 90 | 90 | | microprocessor, or other technology to accurately recognize the universal product code on 9 |
|---|
| 91 | 91 | | containers to determine if the container is redeemable and accumulates information regarding 10 |
|---|
| 92 | 92 | | containers redeemed, including the number of such containers redeemed, thereby enabling the 11 |
|---|
| 93 | 93 | | reverse vending machine to accept containers from redeemers and to issue a scrip or receipt for 12 |
|---|
| 94 | 94 | | their refund value. 13 |
|---|
| 95 | 95 | | (14) "State-specific UPC code" means a UPC code that is unique to this state or used only 14 |
|---|
| 96 | 96 | | in this state and any other states that have a substantially similar refund value law. 15 |
|---|
| 97 | 97 | | (15) "Universal product code" or "UPC code" means a standard for encoding a set of lines 16 |
|---|
| 98 | 98 | | and spaces that can be scanned and interpreted into numbers to identify a product. UPC code may 17 |
|---|
| 99 | 99 | | also mean any accepted industry barcode which replaces the UPC code including, European Article 18 |
|---|
| 100 | 100 | | Numbers (EAN) and other codes that may be used to identify a product. 19 |
|---|
| 101 | 101 | | 23-18.18-3. Refund value - handling fee. 20 |
|---|
| 102 | 102 | | (a) A deposit of not less than ten cents ($0.10) shall be paid by the consumer to the dealer 21 |
|---|
| 103 | 103 | | on each beverage container sold at retail in this state, except for any such beverage containers sold 22 |
|---|
| 104 | 104 | | or offered for sale for consumption on an interstate passenger carrier, and refunded to the consumer 23 |
|---|
| 105 | 105 | | upon the return of the empty beverage container. 24 |
|---|
| 106 | 106 | | (b) A retailer or redemption center who redeems beverage containers shall be reimbursed 25 |
|---|
| 107 | 107 | | by the deposit initiator of such beverage containers a handling fee in the amount of three and one-26 |
|---|
| 108 | 108 | | half cents ($0.035) per container. 27 |
|---|
| 109 | 109 | | 23-18.18-4. Acceptance of beverage containers. 28 |
|---|
| 110 | 110 | | (a) A dealer shall accept at their place of business from a redeemer any empty beverage 29 |
|---|
| 111 | 111 | | containers of the design, shape, size, color, composition, and brand sold or offered for sale by the 30 |
|---|
| 112 | 112 | | dealer, and shall pay to the redeemer the refund value of each such beverage container. 31 |
|---|
| 113 | 113 | | Redemptions of refund value shall be in legal tender, or a scrip or receipt from a reverse vending 32 |
|---|
| 114 | 114 | | machine; provided that, the scrip or receipt can be exchanged for legal tender for a period of not 33 |
|---|
| 115 | 115 | | less than sixty (60) days without requiring the purchase of other goods. The use or presence of a 34 |
|---|
| 116 | 116 | | |
|---|
| 117 | 117 | | |
|---|
| 118 | 118 | | LC002456 - Page 4 of 11 |
|---|
| 119 | 119 | | reverse vending machine shall not relieve a dealer of any obligations imposed pursuant to this 1 |
|---|
| 120 | 120 | | section. If a dealer utilizes a reverse vending machine to redeem containers, the dealer shall provide 2 |
|---|
| 121 | 121 | | redemption of beverage containers when the reverse vending machine is full, broken, under repair, 3 |
|---|
| 122 | 122 | | or does not accept a type of beverage container sold or offered for sale by the dealer. The 4 |
|---|
| 123 | 123 | | requirements to accept empty beverage containers shall not apply to: 5 |
|---|
| 124 | 124 | | (1) Hotels and other lodging establishments, restaurants, and bars that provide on-premises 6 |
|---|
| 125 | 125 | | consumption of beverages in beverage containers; or 7 |
|---|
| 126 | 126 | | (2) Retail establishments with less the two thousand square feet (2,000 sq. ft) devoted to 8 |
|---|
| 127 | 127 | | the display of merchandise for sale to the public. If an establishment otherwise exempt, chooses to 9 |
|---|
| 128 | 128 | | accept empty beverage containers, they will be subject to the requirements of this section. 10 |
|---|
| 129 | 129 | | (b) A dealer whose place of business has at least: 11 |
|---|
| 130 | 130 | | (1) Ten thousand (10,000), but less than thirty thousand square feet (30,000 sq. ft) devoted 12 |
|---|
| 131 | 131 | | to the display of merchandise for sale to the public shall install and maintain at least two (2) reverse 13 |
|---|
| 132 | 132 | | vending machines at the dealer’s place of business; or 14 |
|---|
| 133 | 133 | | (2) Thirty thousand (30,000), but less than sixty thousand square feet (60,000 sq. ft) or 15 |
|---|
| 134 | 134 | | more devoted to the display of merchandise for sale to the public shall install and maintain at least 16 |
|---|
| 135 | 135 | | three (3) reverse vending machines at the dealer’s place of business; or 17 |
|---|
| 136 | 136 | | (3) Sixty thousand square feet (60,000 sq. ft) or more devoted to the display of merchandise 18 |
|---|
| 137 | 137 | | for sale to the public shall install and maintain at least four (4) reverse vending machines at the 19 |
|---|
| 138 | 138 | | dealer’s place of business. 20 |
|---|
| 139 | 139 | | (c) The requirements of subsection (b) of this section to install and maintain reverse 21 |
|---|
| 140 | 140 | | vending machines shall not apply to a dealer that: 22 |
|---|
| 141 | 141 | | (1) Sells only beverage containers of twenty ounces (20 oz.) or less where all beverage 23 |
|---|
| 142 | 142 | | containers are packaged in quantities of fewer than six (6); 24 |
|---|
| 143 | 143 | | (2) Sells beverage containers and devotes no more than five percent (5%) of its floor space 25 |
|---|
| 144 | 144 | | to the display and sale of consumer commodities; or 26 |
|---|
| 145 | 145 | | (3) Obtains a waiver from the department authorizing dealers to provide consumers with 27 |
|---|
| 146 | 146 | | an alternative technology that: 28 |
|---|
| 147 | 147 | | (i) Determines if the container is redeemable; 29 |
|---|
| 148 | 148 | | (ii) Provides protections against fraud through a system that validates each container 30 |
|---|
| 149 | 149 | | redeemed by reading the UPC code and, except with respect to refillable containers, renders the 31 |
|---|
| 150 | 150 | | container unredeemable; 32 |
|---|
| 151 | 151 | | (iii) Accumulates information regarding containers redeemed; and 33 |
|---|
| 152 | 152 | | (iv) Issues legal tender, or a scrip, receipt, or other form of credit for the refund value, that 34 |
|---|
| 153 | 153 | | |
|---|
| 154 | 154 | | |
|---|
| 155 | 155 | | LC002456 - Page 5 of 11 |
|---|
| 156 | 156 | | can be exchanged for legal tender for a period of not less than sixty (60) days without requiring the 1 |
|---|
| 157 | 157 | | purchase of other goods. 2 |
|---|
| 158 | 158 | | (d) A dealer to which subsection (b) of this section does not apply and whose place of 3 |
|---|
| 159 | 159 | | business is at least thirty thousand square feet (30,000 sq. ft) which does not utilize reverse vending 4 |
|---|
| 160 | 160 | | machines to process empty beverage containers for redemption shall: 5 |
|---|
| 161 | 161 | | (1) Establish and maintain a dedicated area within such business to accept beverage 6 |
|---|
| 162 | 162 | | containers for redemption; 7 |
|---|
| 163 | 163 | | (2) Adequately staff an area to facilitate efficient acceptance and processing of such 8 |
|---|
| 164 | 164 | | containers during business hours; and 9 |
|---|
| 165 | 165 | | (3) Post one or more conspicuous signs at each public entrance to the business which 10 |
|---|
| 166 | 166 | | describes where in the business the redemption area is located. 11 |
|---|
| 167 | 167 | | (e) For the purposes of this subsection, on any day that a dealer is open for less than twenty-12 |
|---|
| 168 | 168 | | four (24) hours, the dealer may restrict or refuse the payment of refund values during the first and 13 |
|---|
| 169 | 169 | | last hour the dealer is open for business. 14 |
|---|
| 170 | 170 | | (f)(1) A deposit initiator shall accept from a dealer or redemption center any empty 15 |
|---|
| 171 | 171 | | beverage container of the design, shape, size, color, composition, and brand sold or offered for sale 16 |
|---|
| 172 | 172 | | by the deposit initiator, and shall pay the dealer or redemption center the refund value of each 17 |
|---|
| 173 | 173 | | accepted beverage container. 18 |
|---|
| 174 | 174 | | (2) A deposit initiator shall accept and redeem all empty beverage containers, subject to 19 |
|---|
| 175 | 175 | | the provisions of subsection (f)(1) of this section, from a dealer or redemption center without 20 |
|---|
| 176 | 176 | | limitation on quantity. 21 |
|---|
| 177 | 177 | | (g) A deposit initiator’s or distributor's shall pick up empty beverage containers, including 22 |
|---|
| 178 | 178 | | containers processed in a reverse vending machine, from a redemption center, dealer, or the 23 |
|---|
| 179 | 179 | | operator of a reverse vending machine. A violation of the provisions of this subsection may be 24 |
|---|
| 180 | 180 | | punishable pursuant to the provisions of § 23-18.18-11. 25 |
|---|
| 181 | 181 | | (h) Except as provided in subsection (i) of this section, a bottler shall accept from a dealer 26 |
|---|
| 182 | 182 | | or distributor any empty reusable beverage container of the type, size, and brand sold by the bottler 27 |
|---|
| 183 | 183 | | within the past sixty (60) days and shall pay the distributor or dealer the refund value of the reusable 28 |
|---|
| 184 | 184 | | beverage container plus a handling fee of three and one-half cents ($0.035) per container if the 29 |
|---|
| 185 | 185 | | empty reusable container is presented at the time and location where the distributor or dealer obtains 30 |
|---|
| 186 | 186 | | filled reusable beverage containers from the bottler. 31 |
|---|
| 187 | 187 | | (i) A dealer, retailer, or redemption center may refuse to accept from a redeemer any empty 32 |
|---|
| 188 | 188 | | beverage container that is not clean, is broken, or contains material foreign to the normal contents 33 |
|---|
| 189 | 189 | | of the container. 34 |
|---|
| 190 | 190 | | |
|---|
| 191 | 191 | | |
|---|
| 192 | 192 | | LC002456 - Page 6 of 11 |
|---|
| 193 | 193 | | (j) The obligations to accept or take empty beverage containers and to pay the refund value 1 |
|---|
| 194 | 194 | | and handling fees for containers as described in this chapter shall apply only to containers originally 2 |
|---|
| 195 | 195 | | sold in this state as filled beverage containers. Any person who tenders to a dealer, distributor, 3 |
|---|
| 196 | 196 | | redemption center, or bottler more than ten (10) cases of twenty-four (24) empty beverage 4 |
|---|
| 197 | 197 | | containers each, which a person knows or has reason to know were not originally sold in this state 5 |
|---|
| 198 | 198 | | as filled beverage containers, for the purpose of obtaining a refund value or handling fee, shall be 6 |
|---|
| 199 | 199 | | subject to the enforcement action and civil penalties set forth in § 23-18.18-11(c). For the purposes 7 |
|---|
| 200 | 200 | | of this section and § 23-18.18-11(c), the term "person" shall include any individual, partnership, 8 |
|---|
| 201 | 201 | | corporation, or other combination or entity. 9 |
|---|
| 202 | 202 | | 23-18.18-5. Redemption centers. 10 |
|---|
| 203 | 203 | | The department shall allow for the establishment, operation, and licensure of redemption 11 |
|---|
| 204 | 204 | | centers. A redemption center established pursuant to this section shall accept all types of beverage 12 |
|---|
| 205 | 205 | | containers. 13 |
|---|
| 206 | 206 | | 23-18.18-6. Labeling. 14 |
|---|
| 207 | 207 | | (a) Every beverage container sold or offered for sale at retail in this state shall clearly 15 |
|---|
| 208 | 208 | | indicate by embossing or imprinting on the normal product label, or in the case of a metal beverage 16 |
|---|
| 209 | 209 | | container on the top of the container, the words "Rhode Island" or the letters "RI" and the refund 17 |
|---|
| 210 | 210 | | value of the container in not less than one-eighth inch (1/8") type size or such other alternate 18 |
|---|
| 211 | 211 | | indications as may be approved by the department. 19 |
|---|
| 212 | 212 | | (b) The department of business regulation division of commercial licensing may allow, in 20 |
|---|
| 213 | 213 | | the case of liquor or wine bottles, a conspicuous adhesive sticker to be attached to indicate the 21 |
|---|
| 214 | 214 | | deposit information required in subsection (a) of this section. The division may specify the size, 22 |
|---|
| 215 | 215 | | placement and adhesive qualities of any stickers authorized pursuant to the provisions of this 23 |
|---|
| 216 | 216 | | section. 24 |
|---|
| 217 | 217 | | (c) A bottler may place on a beverage container a state-specific UPC code as a means of 25 |
|---|
| 218 | 218 | | preventing the sale or redemption of beverage containers on which no deposit was initiated. 26 |
|---|
| 219 | 219 | | (d) Every operator of a vending machine which sells beverages in beverage containers shall 27 |
|---|
| 220 | 220 | | post a conspicuous notice on each vending machine indicating that a refund of not less than ten 28 |
|---|
| 221 | 221 | | cents ($0.10) is available on each beverage container purchased and where and from whom that 29 |
|---|
| 222 | 222 | | refund may be obtained. The provisions of this subsection shall not be construed to require such 30 |
|---|
| 223 | 223 | | vending machine operators to provide refunds at the premises wherein such vending machines are 31 |
|---|
| 224 | 224 | | located. 32 |
|---|
| 225 | 225 | | 23-18.18-7. Deposit and disposition of refund values, reports, abandoned deposits, 33 |
|---|
| 226 | 226 | | and reimbursement. 34 |
|---|
| 227 | 227 | | |
|---|
| 228 | 228 | | |
|---|
| 229 | 229 | | LC002456 - Page 7 of 11 |
|---|
| 230 | 230 | | (a) Each deposit initiator who receives deposits under this chapter shall segregate said 1 |
|---|
| 231 | 231 | | deposits in a refund value fund which shall be maintained separately from all other revenues. 2 |
|---|
| 232 | 232 | | Amounts in refund value fund shall not be used to pay the handling fees required by this chapter. 3 |
|---|
| 233 | 233 | | The refund value fund shall not be regarded as income of the deposit initiator. Every deposit 4 |
|---|
| 234 | 234 | | initiator shall report on a monthly basis to the Rhode Island resource recovery corporation and the 5 |
|---|
| 235 | 235 | | division of revenue, the amount of said deposits or handing fees received and the amount refunded 6 |
|---|
| 236 | 236 | | and the existing balance of the refund value fund. 7 |
|---|
| 237 | 237 | | (b) Each deposit initiator shall report to the director of the division of revenue by the tenth 8 |
|---|
| 238 | 238 | | day of each month, concerning transactions of its refund value fund in the preceding month. The 9 |
|---|
| 239 | 239 | | report shall be made in a form prescribed by the director and shall include and specify all the 10 |
|---|
| 240 | 240 | | reporting information required pursuant to subsection (a) of this section and specify the number of 11 |
|---|
| 241 | 241 | | beverage containers sold and the number of beverage containers returned in said month, the amount 12 |
|---|
| 242 | 242 | | of deposits received in and payments made from said fund in said month and the most recent three 13 |
|---|
| 243 | 243 | | (3) month period, any income earned on amounts in the refund value fund during said preceding 14 |
|---|
| 244 | 244 | | month, the balance in the refund value fund at the close of the preceding month, and other 15 |
|---|
| 245 | 245 | | information as the director of revenue may require in furtherance of the director’s duties pursuant 16 |
|---|
| 246 | 246 | | to this chapter. 17 |
|---|
| 247 | 247 | | (c) Each deposit initiator shall provide a report to the department describing all the types 18 |
|---|
| 248 | 248 | | of beverage containers on which the initiator initiates deposits. The report shall include the product 19 |
|---|
| 249 | 249 | | name, type of beverage, size, and composition of the beverage container, the presence of any state-20 |
|---|
| 250 | 250 | | specific UPC code and the percentage of products covered by such code, the methods used to 21 |
|---|
| 251 | 251 | | prevent the fraudulent sale and redemption of beverage containers, and any other information the 22 |
|---|
| 252 | 252 | | department may require. Upon request, a depositor initiator shall also provide to the department a 23 |
|---|
| 253 | 253 | | copy of the container label or a picture of any beverage container sold or offered for sale in this 24 |
|---|
| 254 | 254 | | state on which it initiates a deposit. 25 |
|---|
| 255 | 255 | | (d) At the end of each month, any amounts that are or should be in a deposit initiator’s 26 |
|---|
| 256 | 256 | | refund value fund and that are in the excess of the sum of: 27 |
|---|
| 257 | 257 | | (1) Interest income earned on amounts in said account during that month; and 28 |
|---|
| 258 | 258 | | (2) The total amount of refund values received by said deposit initiator for beverage 29 |
|---|
| 259 | 259 | | containers during that month and the two (2) preceding months shall be deemed to constitute 30 |
|---|
| 260 | 260 | | abandoned deposit amounts. Income earned on said fund may be transferred from said fund for use 31 |
|---|
| 261 | 261 | | as funds of the deposit initiator. 32 |
|---|
| 262 | 262 | | (e) By the tenth day of each month, each deposit initiator shall turn over to the director of 33 |
|---|
| 263 | 263 | | the division of revenue any deposit amounts deemed to be abandoned at the close of the preceding 34 |
|---|
| 264 | 264 | | |
|---|
| 265 | 265 | | |
|---|
| 266 | 266 | | LC002456 - Page 8 of 11 |
|---|
| 267 | 267 | | month, pursuant to subsection (d) of this section. Amounts deemed abandoned shall be paid directly 1 |
|---|
| 268 | 268 | | from the refund value fund to the division for deposit in the beverage container recycling fund 2 |
|---|
| 269 | 269 | | restricted receipts account. The money in the beverage container recycling fund shall be used to 3 |
|---|
| 270 | 270 | | reimburse the department for all costs incurred in administering the requirements of this chapter. 4 |
|---|
| 271 | 271 | | All remaining money in the beverage container recycling fund, after reimbursements to the 5 |
|---|
| 272 | 272 | | department, shall be used by the department to establish a forgivable loan and/or grant program to 6 |
|---|
| 273 | 273 | | assist persons, businesses, municipalities, organizations, or other institutions, including the Rhode 7 |
|---|
| 274 | 274 | | Island resource recovery corporation, to fund education efforts related to the beverage container 8 |
|---|
| 275 | 275 | | deposit recycling program; the creation and operation of redemption centers and other redemption 9 |
|---|
| 276 | 276 | | sites; for other infrastructure, technology (including reverse vending machines), and costs 10 |
|---|
| 277 | 277 | | associated with container redemption, recycling, or reuse; or to provide education related to 11 |
|---|
| 278 | 278 | | container collection and redemption pursuant to this chapter. The department is authorized to 12 |
|---|
| 279 | 279 | | promulgate rules, regulations and criteria for the awarding of forgivable loans and/or the awarding 13 |
|---|
| 280 | 280 | | of grants to carry out the purpose of this section. The department may issue loans and grants 14 |
|---|
| 281 | 281 | | pursuant to the provisions of rules, regulations and criteria established by the department. When 15 |
|---|
| 282 | 282 | | awarding loans or grants pursuant to this subsection, the department shall consider whether an 16 |
|---|
| 283 | 283 | | application for funding shall improve access to or information regarding beverage container 17 |
|---|
| 284 | 284 | | redemption, and whether it shall improve beverage container redemption and recycling. 18 |
|---|
| 285 | 285 | | (f) In any month the authorized payments from the refund value fund by a deposit initiator 19 |
|---|
| 286 | 286 | | pursuant to § 23-18.18-3(a) exceed the funds that are or should be in its deposit transaction fund, 20 |
|---|
| 287 | 287 | | the state shall reimburse said deposit initiator from amounts received pursuant to this section, for 21 |
|---|
| 288 | 288 | | those refunds paid by the deposit initiator for beverage containers for which the funds that are or 22 |
|---|
| 289 | 289 | | should be in its refund value fund are insufficient; provided however, that reimbursements to a 23 |
|---|
| 290 | 290 | | deposit initiator for a month shall not exceed the amount paid by said deposit initiator to the state 24 |
|---|
| 291 | 291 | | pursuant to this section in the preceding twenty-four (24) months less amounts previously paid by 25 |
|---|
| 292 | 292 | | this state to said deposit initiator pursuant to this section during said twenty-four (24) months. 26 |
|---|
| 293 | 293 | | 23-18.18-8. Rhode Island resource recovery corporation processing fees. 27 |
|---|
| 294 | 294 | | (a) The department may approve procedures allowing for the Rhode Island resource 28 |
|---|
| 295 | 295 | | recovery corporation to be paid a processing payment for beverage containers collected, processed, 29 |
|---|
| 296 | 296 | | sorted, and delivered to distributors for recycling, so long as the beverage containers collected are 30 |
|---|
| 297 | 297 | | clean, sorted, and baled. The processing payment shall not exceed the value of the handling fee 31 |
|---|
| 298 | 298 | | prescribed by this chapter. 32 |
|---|
| 299 | 299 | | (b) Beverage containers collected, processed, sorted and delivered to distributors by the 33 |
|---|
| 300 | 300 | | Rhode Island resource recovery corporation shall not be included in the calculations of the 34 |
|---|
| 301 | 301 | | |
|---|
| 302 | 302 | | |
|---|
| 303 | 303 | | LC002456 - Page 9 of 11 |
|---|
| 304 | 304 | | performance requirements set pursuant to this chapter. 1 |
|---|
| 305 | 305 | | 23-18.18-9. Producer responsibility organization. 2 |
|---|
| 306 | 306 | | A group of distributors may elect to create or appoint a nonprofit producer responsibility 3 |
|---|
| 307 | 307 | | organization to fulfill their obligations under the requirements of this chapter; provided that, the 4 |
|---|
| 308 | 308 | | producer responsibility organization shall not be delegated any authority by the department to 5 |
|---|
| 309 | 309 | | oversee, enforce, or manage the requirements of this chapter. 6 |
|---|
| 310 | 310 | | 23-18.18-10. Administration; rules and regulations. 7 |
|---|
| 311 | 311 | | (a) The director of the department of environmental management shall administer the 8 |
|---|
| 312 | 312 | | provisions of §§ 23-18.18-1 through 23-18.18-6. The director shall promulgate rules and 9 |
|---|
| 313 | 313 | | regulations to effectuate the purposes of those sections. 10 |
|---|
| 314 | 314 | | (b) The director of the department of environmental management shall have the power to 11 |
|---|
| 315 | 315 | | adjust the refund value described in § 23-18.18-3 as follows: 12 |
|---|
| 316 | 316 | | (1) The director shall establish a process for determining the redemption rate of beverage 13 |
|---|
| 317 | 317 | | containers subject to this chapter. The director may establish guidelines or regulations necessary or 14 |
|---|
| 318 | 318 | | expedient to determine this rate. 15 |
|---|
| 319 | 319 | | (2) Not later than the final day of June of each year, the director shall determine the 16 |
|---|
| 320 | 320 | | redemption rate for the previous calendar year. 17 |
|---|
| 321 | 321 | | (3) Beginning with the calendar year 2026, if the redemption rate for a given calendar year 18 |
|---|
| 322 | 322 | | is found by the director to be less than ninety percent (90%), the director shall increase the refund 19 |
|---|
| 323 | 323 | | value by at least five cents ($0.05) before December 31 of the following calendar year. 20 |
|---|
| 324 | 324 | | (4) At their discretion, the director may require an increased refund value for any beverage 21 |
|---|
| 325 | 325 | | container. 22 |
|---|
| 326 | 326 | | (c) The director of the department of environmental management shall have the power to 23 |
|---|
| 327 | 327 | | increase the handling fee value described in § 23-18.18-3 if, in the director's discretion, the director 24 |
|---|
| 328 | 328 | | determines that a higher handling fee value is necessary to support redemption centers, retailers, or 25 |
|---|
| 329 | 329 | | the redemption rate for containers in this state. 26 |
|---|
| 330 | 330 | | (d) The director of the department of environmental management shall require each 27 |
|---|
| 331 | 331 | | distributor, or the designated producer responsibility organization, to work with dealers within the 28 |
|---|
| 332 | 332 | | state to develop a plan that ensures that: 29 |
|---|
| 333 | 333 | | (1) Beginning January 1, 2028, at least ten percent (10%) of all beverage containers sold 30 |
|---|
| 334 | 334 | | by the distributor or the distributors that are members of the producer responsibility organization 31 |
|---|
| 335 | 335 | | are returned and refilled. 32 |
|---|
| 336 | 336 | | (2) Beginning January 1, 2030, at least twenty percent (20%) of all beverage containers 33 |
|---|
| 337 | 337 | | sold by the distributor or the distributors that are members of the producer responsibility 34 |
|---|
| 338 | 338 | | |
|---|
| 339 | 339 | | |
|---|
| 340 | 340 | | LC002456 - Page 10 of 11 |
|---|
| 341 | 341 | | organization are returned and refilled. 1 |
|---|
| 342 | 342 | | (3) Beginning January 1, 2032, at least thirty-five percent (35%) of all beverage containers 2 |
|---|
| 343 | 343 | | sold by the distributor or the distributors that are members of the producer responsibility 3 |
|---|
| 344 | 344 | | organization are returned and refilled. 4 |
|---|
| 345 | 345 | | (4) Beginning January 1, 2034, at least fifty percent (50%) of all beverage containers sold 5 |
|---|
| 346 | 346 | | by the distributor or the distributors that are members of the producer responsibility organization 6 |
|---|
| 347 | 347 | | are returned and refilled. 7 |
|---|
| 348 | 348 | | (e) The division of revenue shall administer the collection, deposit and disbursement of 8 |
|---|
| 349 | 349 | | funds in accordance with the provisions of § 23-18-7. The director of the department of 9 |
|---|
| 350 | 350 | | environmental management shall promulgate rules and regulations to effectuate the beverage 10 |
|---|
| 351 | 351 | | container recycling fund program. The rules and regulations shall include a provision to permit 11 |
|---|
| 352 | 352 | | bottlers or distributors to borrow, without any interest charge, against their deposit transaction funds 12 |
|---|
| 353 | 353 | | subject to such terms and conditions as the director deems appropriate. 13 |
|---|
| 354 | 354 | | 23-18.18-11. Enforcement. 14 |
|---|
| 355 | 355 | | (a) The attorney general shall enforce the provisions of this chapter. 15 |
|---|
| 356 | 356 | | (b) Any bottler, distributor, retailer, dealer, or redemption center who violates any 16 |
|---|
| 357 | 357 | | provisions of this chapter shall be subject to a civil penalty for each violation of not more than one 17 |
|---|
| 358 | 358 | | thousand dollars ($1,000). 18 |
|---|
| 359 | 359 | | (c) Any person, including a bottler, distributor, retailer, dealer, or redemption center, who 19 |
|---|
| 360 | 360 | | violations the provisions § 23-18.18-4(j) shall be subject to a civil penalty of the greater of one 20 |
|---|
| 361 | 361 | | hundred dollars ($100) for each container or twenty-five thousand dollars ($25,000) for each tender 21 |
|---|
| 362 | 362 | | of containers. 22 |
|---|
| 363 | 363 | | (d) Any deposit initiator failing to make full and timely payments as required by § 23-23 |
|---|
| 364 | 364 | | 18.18-7(e) shall pay interest on any unpaid amounts at the rate of one and one-half percent (1.5%) 24 |
|---|
| 365 | 365 | | for each month or part thereof until payment is made in full. 25 |
|---|
| 366 | 366 | | SECTION 2. This act shall take effect on January 1, 2025. 26 |
|---|
| 367 | 367 | | ======== |
|---|
| 368 | 368 | | LC002456 |
|---|
| 369 | 369 | | ======== |
|---|
| 370 | 370 | | |
|---|
| 371 | 371 | | |
|---|
| 372 | 372 | | LC002456 - Page 11 of 11 |
|---|
| 373 | 373 | | EXPLANATION |
|---|
| 374 | 374 | | BY THE LEGISLATIVE COUNCIL |
|---|
| 375 | 375 | | OF |
|---|
| 376 | 376 | | A N A C T |
|---|
| 377 | 377 | | RELATING TO HEALTH AND SAFETY -- BEVERAGE CONTAINER DEPOSIT |
|---|
| 378 | 378 | | RECYCLING ACT OF 2023 |
|---|
| 379 | 379 | | *** |
|---|
| 380 | 380 | | This act would establish a system for the recycling of beverage containers working with 1 |
|---|
| 381 | 381 | | the department of environmental management. Deposits would be paid by the consumer and 2 |
|---|
| 382 | 382 | | retailers or redemption centers would be reimbursed a handling fee. The department would allow 3 |
|---|
| 383 | 383 | | for the establishment, operation, and licensure of redemption centers. 4 |
|---|
| 384 | 384 | | This act would take effect on January 1, 2025. 5 |
|---|
| 385 | 385 | | ======== |
|---|
| 386 | 386 | | LC002456 |
|---|
| 387 | 387 | | ======== |
|---|
| 388 | 388 | | |
|---|