Rhode Island 2025 Regular Session

Rhode Island House Bill H6205 Compare Versions

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

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5	5	2025 -- H 6205
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7	7	LC002552
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO HEALTH AND SAFETY -- EXTENDED PRODUCER RESPONSIBILITY
16	16	FOR PACKAGING AND PAPER ACT
17	17	Introduced By: Representatives Bennett, Voas, McEntee, Potter, Cruz, Morales,
18	18	Cortvriend, Edwards, Speakman, and Carson
19	19	Date Introduced: April 09, 2025
20	20	Referred To: House Environment and Natural Resources
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 19.19 3
27	27	EXTENDED PRODUCER RESPONSIBILITY FOR PACKAGING AND PAPER ACT 4
28	28	23-19.19-1. Legislative intent. 5
29	29	(a) This chapter shall be known and may be cited as the "Extended Producer Responsibility 6
30	30	For Packaging and Paper Act." 7
31	31	(b) The legislature finds that valuable resources are wasted when products are disposed 8
32	32	instead of recycled or reused and that state and local policy have created a municipal recycling 9
33	33	system that lacks coordination, adequate funding, and accountability. Product producers have a 10
34	34	responsibility to correct these shortcomings by funding municipal recycling programs; improving 11
35	35	those programs; and coordinating their planning, performance, and effectiveness. Producer 12
36	36	responsibility is in the public interest of the state and furthers environmental objectives, including 13
37	37	the establishment of a circular economy, preserving resources, and reducing carbon and other 14
38	38	emissions associated with primary production. 15
39	39	23-19.19-2. Definitions. 16
40	40	As used in this chapter, unless the context requires otherwise: 17
41	41	(1) "Advisory board" means the producer responsibility program for the statewide 18
42	42
43	43
44	44	LC002552 - Page 2 of 33
45	45	recycling advisory board created in § 23-19.19-3. 1
46	46	(2) "Baseline assessment" means the assessment of the state's recycling baseline conducted 2
47	47	pursuant to § 23-19.19-5. 3
48	48	(3) "Collection" means the gathering and transportation of covered materials from covered 4
49	49	entities for the purpose of recycling. 5
50	50	(4) "Collection rate" means the weight of covered materials that are collected under the 6
51	51	program in a calendar year divided by the weight of covered materials used for products sold or 7
52	52	distributed by producers within or into the state in the same calendar year, expressed as a 8
53	53	percentage. 9
54	54	(5) "Compost" means the material or product that is developed under controlled conditions 10
55	55	and that results from biological degradation processes by which organic wastes decompose. 11
56	56	(6) "Compostable" means a covered material associated with organic waste streams that is 12
57	57	capable of undergoing aerobic biological decomposition in a controlled composting system as 13
58	58	demonstrated by meeting ASTM D6400 or ASTM D6868, or any successor standards. 14
59	59	(7) "Compost facility" means a site where compost is produced and includes only those 15
60	60	facilities that readily accept and process packaging collected from consumers. 16
61	61	(8) "Consumer" means any person who purchases or receives covered materials in the state 17
62	62	and is located at a covered entity. 18
63	63	(9) "Covered entity" means the following locations in the state from which covered 19
64	64	materials are collected: 20
65	65	(i) All single-family residences in the state; and 21
66	66	(ii) All multifamily residences in the state. 22
67	67	(10) "Covered materials" includes: 23
68	68	(i) Packaging as defined in this section; and 24
69	69	(ii) Paper products as defined in this section. 25
70	70	(11) "Covered services" means services provided for the recycling, composting, or reuse 26
71	71	of covered materials, including the collection from covered entities through various means, 27
72	72	including curbside and drop-off services; transportation of collected materials; sorting and 28
73	73	contamination removal; and processing of covered materials for end markets. 29
74	74	(12) "Covered services costs" means the reasonable net costs of recycling, composting, or 30
75	75	reuse programs to provide covered services, including applicable costs related to: 31
76	76	(i) The administration of the programs; 32
77	77	(ii) Capital investments in the programs; 33
78	78	(iii) The collection, transportation, sorting, and processing of covered materials net of the 34
79	79
80	80
81	81	LC002552 - Page 3 of 33
82	82	commodity value earned from the sale of materials; 1
83	83	(iv) Public education about the programs; and 2
84	84	(v) Disposal of nonmarketable collected covered materials. 3
85	85	(13) "Department" means the department of environmental management. 4
86	86	(14) "Director" means the director of the department of environmental management. 5
87	87	(15) "Environmentally sound management practices" means policies that ensure 6
88	88	compliance with all applicable environmental laws, including laws addressing: 7
89	89	(i) Record keeping; 8
90	90	(ii) Tracking and documenting the disposition of covered materials collected from covered 9
91	91	entities; and 10
92	92	(iii) Environmental liability coverage for professional services and contractor operations. 11
93	93	(16) "Materials recovery facility" means a facility for processing covered materials that are 12
94	94	collected for recycling before they are conveyed to end-market businesses. 13
95	95	(17) "Minimum recyclable or compostable lists" means the lists of covered materials 14
96	96	eligible for collection and reimbursement, developed under § 23-19.19-9. 15
97	97	(18) "Nonprofit organization" means a tax-exempt charitable or social welfare organization 16
98	98	operating under 26 U.S.C. §§ 501 (c)(3) or (4) of the federal "Internal Revenue Code of 1986 as 17
99	99	amended". 18
100	100	(19) "Packaging" or "consumer packaging" means any material, regardless of recyclability, 19
101	101	which is intended for short-term use and is used for the containment, protection, handling, or 20
102	102	delivery of products to the consumer at the point of sale, including through an Internet transaction. 21
103	103	(i) Packaging includes products supplied to or purchased by consumers for the express 22
104	104	purpose of facilitating food or beverage consumption and that are: 23
105	105	(A) Ordinarily disposed of after short-term use; and 24
106	106	(B) Not designed for reuse or refill. 25
107	107	(ii) Packaging includes paper, plastic, glass, metal, cartons, flexibles, foams, rigid 26
108	108	packaging, or other materials or combinations of these materials. 27
109	109	(iii) Packaging does not include: 28
110	110	(A) Packaging that is not sold or distributed to covered entities; 29
111	111	(B) Packaging used solely in transportation or distribution to non-consumers; 30
112	112	(C) Packaging used exclusively in industrial or manufacturing processes; 31
113	113	(D) Packaging used for products sold or distributed outside the state; 32
114	114	(E) Packaging intended to be used for the long-term storage or protection of a durable 33
115	115	product and that is intended to transport, protect, or store the product for at least five (5) years; 34
116	116
117	117
118	118	LC002552 - Page 4 of 33
119	119	(F) Beverage containers subject to a returnable container deposit, if applicable; 1
120	120	(G) Packaging used to contain a product that is regulated as a drug, medical device, or 2
121	121	dietary supplement by the federal food and drug administration under the "Federal Food, Drug, and 3
122	122	Cosmetic Act", 21 U.S.C. Ch. 9 § 301 et seq., as amended, or any related federal regulations 4
123	123	promulgated thereunder, or any equipment and materials used to manufacture such products; 5
124	124	(H) Packaging used to contain a product that is regulated as animal biologics, including 6
125	125	vaccines, bacterins, antisera, diagnostic kits, and other products of biological origin under the 7
126	126	federal "Virus-Serum-Toxin Act", 21 U.S.C. Ch. 5 § 151-159, as amended; 8
127	127	(I) Packaging used to contain a product that is regulated under the "Federal Insecticide, 9
128	128	Fungicide, and Rodenticide Act", 7 U.S.C. Ch. 6 § 136-136y, as amended; or 10
129	129	(J) Packaging used to contain a product that is required under state law to be sold in 11
130	130	packaging material that meets the standards set forth in the "Poison Prevention Packaging Act of 12
131	131	1970", 15 U.S.C. Ch. 39A § 1471 et seq., as amended. 13
132	132	(20) "Paper products" means paper and other cellulosic fibers, whether or not they are used 14
133	133	as a medium for text or images, including flyers, brochures, booklets, telephone and other 15
134	134	directories, newspapers, magazines and other periodicals, and paper used for writing or any other 16
135	135	purpose; provided, however, paper products do not include: 17
136	136	(i) Paper products that, through their use, could become unsafe or unsanitary to handle; or 18
137	137	(ii) Bound books. 19
138	138	(21) "Postconsumer recycled content rate" means the average amount of postconsumer 20
139	139	recycled material used by a producer in the production of covered materials in a calendar year 21
140	140	divided by the amount of that type of covered material sold or distributed by producers within or 22
141	141	into their United States market territory in the same calendar year, expressed as a percentage. 23
142	142	(22) "Postconsumer recycled material" means only those covered materials that have 24
143	143	served their intended end use as consumer items and that have been separated or diverted from the 25
144	144	waste stream for the purposes of collection and recycling as a secondary material feedstock. 26
145	145	(i) Postconsumer recycled material includes returns of material from the distribution chain. 27
146	146	(ii) Postconsumer recycled material does not include waste material generated during or 28
147	147	after the completion of a manufacturing process. 29
148	148	(23) "Processing" means preparing collected covered materials at a materials recovery 30
149	149	facility or similar establishment for sale or delivery to material reclaimers or end markets. 31
150	150	(24) "Producer" means the following person responsible for compliance with requirements 32
151	151	under this chapter for a covered material introduced: 33
152	152	(i) For items sold in or with packaging at a physical retail location in this state: 34
153	153
154	154
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156	156	(A) If the item is sold in or with packaging under the brand of the item manufacturer or is 1
157	157	sold in packaging that lacks identification of a brand, the producer is the person that manufactures 2
158	158	the item; 3
159	159	(B) If there is no person to which subsection (24)(i)(A) of this section applies, the producer 4
160	160	is the person that is licensed to manufacture and sell or offer for sale to consumers in this state an 5
161	161	item with packaging under the brand or trademark of another manufacturer or person; 6
162	162	(C) If there is no person to which subsections (24)(i)(A) or (24)(i)(B) of this section apply, 7
163	163	the producer is the brand owner of the item; 8
164	164	(ii) If there is no person described in subsection (24)(i) of this section within the United 9
165	165	States, the producer is the person who is the importer of record for the item into the United States 10
166	166	for use in a commercial enterprise that sells, offers for sale, or distributes the item in this state; or 11
167	167	(iii) If there is no person described in subsections (24)(i) or (24)(ii) of this section, the 12
168	168	producer is the person that first distributes the item in or into this state; 13
169	169	(iv) For items sold or distributed in packaging in or into this state via e-commerce, remote 14
170	170	sale, or distribution: 15
171	171	(A) For packaging used to directly protect or contain the item, the producer of the 16
172	172	packaging is the same as the producer identified under subsection (24)(i) of this section; and 17
173	173	(B) For packaging used to ship the item to a consumer, the producer of the packaging is 18
174	174	the person that packages the item to be shipped to the consumer; 19
175	175	(v) For packaging that is a covered material and is not included in subsections (24)(i) or 20
176	176	(24)(ii) of this section, the producer of the packaging is the person that first distributes the item in 21
177	177	or into this state; 22
178	178	(vi) For paper products that are magazines, catalogs, telephone directories, or similar 23
179	179	publications, the producer is the publisher; 24
180	180	(vii) For paper products not described in subsections (24)(i) through (24)(vi) of this section: 25
181	181	(A) If the paper product is sold under the manufacturer's own brand, the producer is the 26
182	182	person that manufactures the paper product; 27
183	183	(B) If there is no person to which subsection (24)(vii)(A) of this section applies, the 28
184	184	producer is the person that is the owner or licensee of a brand or trademark under which the paper 29
185	185	product is used in a commercial enterprise, sold, offered for sale, or distributed in or into this state, 30
186	186	whether or not the trademark is registered in this state; 31
187	187	(C) If there is no person to which subsection (24)(vii)(A) or (24)(B) of this section applies, 32
188	188	the producer is the brand owner of the paper product; 33
189	189	(D) If there is no person described in subsections (24)(vii)(A) through (24)(C) of this 34
190	190
191	191
192	192	LC002552 - Page 6 of 33
193	193	section within the United States, the producer is the person that imports the paper product into the 1
194	194	United States for use in a commercial enterprise that sells, offers for sale, or distributes the paper 2
195	195	product in this state; or 3
196	196	(E) If there is no person described in subsections (24)(vii)(A) through (24)(vii)(D) of this 4
197	197	section, the producer is the person that first distributes the paper product in or into this state. 5
198	198	(viii) A person is the producer of a covered material sold, offered for sale, or distributed in 6
199	199	or into this state, as defined in the prior subsections, except where another person has mutually 7
200	200	signed an agreement with a producer as defined herein that contractually assigns responsibility to 8
201	201	the person as the producer, and the person has joined a registered producer responsibility 9
202	202	organization as the responsible producer for that covered material under this chapter. In the event 10
203	203	that another person is assigned responsibility as the producer under subsections (24)(i) through 11
204	204	(24)(vii) of this section, the producer shall provide written certification of that contractual 12
205	205	agreement to the producer responsibility organization; and 13
206	206	(ix) If the producer described in subsections (24)(i) through (24)(viii) of this section is a 14
207	207	business operated, wholly or in part, as a franchise, the producer is the franchisor if that franchisor 15
208	208	has franchisees that have a commercial presence within the state. 16
209	209	(x) The following are excluded from the definition of producer under this chapter: 17
210	210	(A) A person with less than five million dollars ($5,000,000) in realized gross total revenue 18
211	211	during the prior calendar year. The department shall adjust by rule this dollar limit on July 1 of 19
212	212	each year after enactment using the percentage change in an appropriate consumer price index for 20
213	213	the region; 21
214	214	(B) A person that has used less than one ton of covered materials for products sold or 22
215	215	distributed within or into the state during the prior calendar year; 23
216	216	(C) The state or a local government; and 24
217	217	(D) A nonprofit organization. 25
218	218	(25) "Producer responsibility organization" or "organization" means a nonprofit 26
219	219	organization established pursuant to § 23-19.19-4 to implement the program. 27
220	220	(26) "Producer responsibility program" or "program" means the producer responsibility 28
221	221	program for statewide recycling, composting, and reuse created in accordance with this chapter. 29
222	222	(27) "Proprietary information" means information that, if made public, would divulge 30
223	223	competitive business information or trade secrets of the entity that developed the information or 31
224	224	would reasonably hinder the entity's competitive advantage in the market. 32
225	225	(28) "Readily recyclable or compostable material" means a covered material included on 33
226	226	the minimum recyclable or compostable lists. 34
227	227
228	228
229	229	LC002552 - Page 7 of 33
230	230	(29) "Recycling" means the reprocessing, by means of a manufacturing process, of a used 1
231	231	material into a product or a secondary raw material. Recycling does not include: 2
232	232	(i) Energy recovery or energy generation by means of combustion; 3
233	233	(ii) Use as a fuel; or 4
234	234	(iii) Use as alternative daily cover at a landfill. 5
235	235	(30) "Recycling rate" means the weight of covered materials that are recycled under the 6
236	236	program in a calendar year divided by the weight of covered materials used for products sold or 7
237	237	distributed by producers within or into the state in the same calendar year, expressed as a 8
238	238	percentage. The recycling rate is measured at the point where collected covered materials have been 9
239	239	prepared for sale or delivery to material reclaimers or end markets after processing at a materials 10
240	240	recovery facility or similar establishment that sells directly to reclaimers or end markets. 11
241	241	(31) "Responsible end market" means a materials market in which the recycling, 12
242	242	composting, or reuse of materials or the disposal of contaminants is conducted in a way that benefits 13
243	243	the environment and minimizes risks to public health and worker health and safety. 14
244	244	(32) "Retailer" means a person that sells products to consumers within or into the state, 15
245	245	including sales made through an Internet transaction, where those products are covered materials 16
246	246	or are packaged with covered materials. 17
247	247	(33) "Reuse" or "refill" means the return into the marketplace of a covered material that 18
248	248	has already been used in the same manner as originally intended without a change in the covered 19
249	249	material's purpose and was intended to be used for its original purpose at least five (5) times. 20
250	250	(34) "Service provider" means a public or private entity, other than the producer 21
251	251	responsibility organization, which provides recycling, composting, or reuse services to covered 22
252	252	entities in the state. 23
253	253	23-19.19-3. Advisory board. 24
254	254	(a)(1) The producer responsibility program for statewide recycling advisory board is 25
255	255	hereby created within the department. The department may select an impartial third-party facilitator 26
256	256	to convene and provide administrative support to the advisory board. 27
257	257	(2) The advisory board consists of the following thirteen (13) voting members and two (2) 28
258	258	nonvoting members appointed by the director: 29
259	259	(i) Three (3) voting members representing local governments in the state, including: 30
260	260	(A) One member representing a city with a population greater than one hundred fifty 31
261	261	thousand (150,000); 32
262	262	(B) One member representing a coastal city or town; and 33
263	263	(C) One member representing a non-coastal city or town; 34
264	264
265	265
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267	267	(ii) One voting member representing a materials recovery facility in the state that processes 1
268	268	covered materials from covered entities; 2
269	269	(iii) One voting member representing a private sector collector of recyclable covered 3
270	270	materials from covered entities; 4
271	271	(iv) One voting member representing an environmental or community-based nonprofit 5
272	272	organization; 6
273	273	(v) One voting member representing a packaging material supplier that is not a producer, 7
274	274	with the member rotating to a supplier of a different type of packaging material after each new 8
275	275	term; 9
276	276	(vi) One voting member representing a manufacturer of recycled paper products that is not 10
277	277	a producer; 11
278	278	(vii) One voting member representing a trade association, chamber of commerce, or other 12
279	279	business advocacy organization representing businesses in the state; 13
280	280	(viii) One voting member representing a retailer's association or a retailer that is not a 14
281	281	producer; 15
282	282	(ix) One voting member representing a compost facility in the state that handles covered 16
283	283	materials; 17
284	284	(x) One voting member who has experience in environmental justice and represents 18
285	285	underserved communities in the state; 19
286	286	(xi) One voting member representing a solid waste landfill or transfer station operating an 20
287	287	on-site, public-facing recycling collection program; 21
288	288	(xii) One nonvoting member representing the department; and 22
289	289	(xiii) One nonvoting member representing the producer responsibility organization. 23
290	290	(b)(1) The members of the advisory board shall have relevant knowledge and expertise in 24
291	291	recycling programs or the impact of covered materials on the state and the environment. In 25
292	292	appointing members, the director shall ensure to the extent possible the geographic diversity of the 26
293	293	advisory board's membership. 27
294	294	(2) The director shall make all appointments to the advisory board no later than December 28
295	295	31, 2025. The appointments for initial terms to the advisory board shall be staggered in order that 29
296	296	some of the members serve initial two (2) year terms and other members serve initial three (3) year 30
297	297	terms; all subsequent appointments shall be for three (3) year terms. The director shall fill any 31
298	298	vacancy by appointment for the remainder of the unexpired term. 32
299	299	(3) The advisory board shall convene its first meeting no later than March 1, 2026. At the 33
300	300	first meeting, the voting members shall select a chair and vice-chair from among the voting 34
301	301
302	302
303	303	LC002552 - Page 9 of 33
304	304	members for a term not to exceed two (2) years, as determined by the advisory board. The advisory 1
305	305	board shall conduct annual meetings and may conduct meetings more frequently upon the request 2
306	306	of the chair or of at least seven (7) of the voting members of the advisory board. The decisions of 3
307	307	the advisory board shall be made by a vote of the majority of its membership. The organization 4
308	308	may provide technical and staff assistance to the advisory board. 5
309	309	(4) The advisory board is subject to the open meetings provisions of chapter 46 of title 42 6
310	310	("open meetings"). 7
311	311	(5) Advisory board members shall be entitled to be reimbursed at a rate consistent with 8
312	312	other boards and commissions created within the department for necessary travel within the state 9
313	313	and other reasonable expenses incurred in the performance of their official duties. 10
314	314	(6) The advisory board shall: 11
315	315	(i) Advise the organization throughout the baseline assessment process in accordance with 12
316	316	the provisions of this chapter; 13
317	317	(ii) Review the baseline assessment reported to the advisory board pursuant to the 14
318	318	provisions of this chapter; 15
319	319	(iii) Review the plan proposal submitted pursuant to § 23-19.19-6; 16
320	320	(iv) Consult with the organization on amendments to the plan proposal and the amended 17
321	321	plan proposal; 18
322	322	(v) Recommend that the director approve or reject the plan proposal or amended plan 19
323	323	proposal; 20
324	324	(vi) Review the annual report submitted by the organization pursuant to § 23-19.19-12 and 21
325	325	may, in consultation with the organization, recommend to the director amendments to the final plan 22
326	326	as part of this review; and 23
327	327	(vii) Consult with the organization on the development and updating of the minimum 24
328	328	recyclable or compostable list. 25
329	329	23-19.19-4. Producer responsibility organizations and service providers. 26
330	330	(a) On or before March 31, 2026, the director shall approve a single producer responsibility 27
331	331	organization to represent the interests of producers under this chapter. Prospective organizations 28
332	332	shall apply by February 1, 2026, for recognition by submitting to the commissioner contact 29
333	333	information, proof of or application for nonprofit status, and the producers it represents. 30
334	334	(b) In the event that the director receives multiple applications, the approved organization 31
335	335	shall be the one best able to represent producers based on the market share of covered materials 32
336	336	represented by the organization and its experience as an organization in states or 33
337	337	countries/provinces with similar programs. 34
338	338
339	339
340	340	LC002552 - Page 10 of 33
341	341	(c) The organization designated by the director pursuant to this section shall have a 1
342	342	governing board with voting members that represent a diverse range of producers by size and type 2
343	343	and represent producers of different types of covered materials. The members of the governing 3
344	344	board shall not have more than one member per corporate entity. 4
345	345	(d) The producer responsibility organization shall: 5
346	346	(1) Facilitate a baseline assessment in consultation with the advisory board; 6
347	347	(2) Consult with the advisory board in the development of the plan proposal prior to its 7
348	348	submission, including in the development of the cost formulas for reimbursements to service 8
349	349	providers pursuant to §§ 23-19.19-6, 23-19.19-7, and 23-19.19-8; 9
350	350	(3) Submit a plan proposal in accordance with §§ 23-19.19-6, 23-19.19-7, and 23-19.19-8 10
351	351	that covers a period of five (5) years; and 11
352	352	(4) Operate and administer the program in accordance with the final plan, the provisions 12
353	353	of this chapter, and the rules and regulations adopted by the department under this chapter. 13
354	354	(d)(1) Beginning January 1, 2033, and every January 1 thereafter, a nonprofit organization 14
355	355	may request that the director designate that organization as an additional producer responsibility 15
356	356	organization. 16
357	357	(2) The director may designate a nonprofit organization as an additional producer 17
358	358	responsibility organization if the director, in coordination with the advisory board, determines that 18
359	359	the designation of the additional producer responsibility organization is necessary to: 19
360	360	(i) Increase recycling rates for covered materials; 20
361	361	(ii) Expand covered services to covered entities that are not covered under the final plan; 21
362	362	(iii) Provide recycling services for a specific type of covered material; or 22
363	363	(iv) Lower costs. 23
364	364	(e) If the director designates an additional producer responsibility organization, the 24
365	365	additional organization shall submit to the director an additional plan consistent with §§ 23-19.19-25
366	366	6, 23-19.19-7, and 23-19.19-8 requirements as appropriate as well as a coordination plan meeting 26
367	367	the requirements developed under this section. The additional plan shall be subject to the same 27
368	368	review and approval processes as the organization's plan as outlined in §§ 23-19.19-6, 23-19.19-7, 28
369	369	and 23-19.19-8. 29
370	370	(f) Within one hundred twenty (120) days after the designation of the first additional 30
371	371	producer responsibility organization, the director shall promulgate by rules and regulation 31
372	372	standards and requirements for a coordination plan and for coordination between the organization 32
373	373	and any additional producer responsibility organizations designated by the director. A coordination 33
374	374	plan shall also include a method for allocating administrative and enforcement reimbursements 34
375	375
376	376
377	377	LC002552 - Page 11 of 33
378	378	under § 23-19.19-17 among organizations. A coordination plan approved or ordered by the director 1
379	379	shall be implemented by the organization and any additional producer responsibility organizations 2
380	380	designated by the director. If the coordination plan conflicts with the final plan or any other plan 3
381	381	approved by the director pursuant to this chapter, the provisions of the coordination plan prevail. 4
382	382	A coordination plan approved or ordered by the director is valid until revoked or until a new 5
383	383	coordination plan is approved or ordered by the director. 6
384	384	(g) Registration of service providers. By January 1, 2027, and annually thereafter, a service 7
385	385	provider seeking reimbursement for covered services provided under an approved program plan 8
386	386	shall register with the department by submitting the following information: 9
387	387	(1) The contact information for a person representing the service provider; 10
388	388	(2) The address of the service provider; and 11
389	389	(3) If applicable to services provided, a report of the total amount billed for collection for 12
390	390	covered entities, processing services, and transfer station operations provided during the preceding 13
391	391	calendar year and, when possible, values shall be separated for collection, transfer, and processing. 14
392	392	(h) The organization, any additional producer responsibility organization, and any person 15
393	393	administering a plan approved by the director pursuant to this chapter shall maintain all documents 16
394	394	and records necessary for the director to determine compliance with this chapter and submit any 17
395	395	such documents and records to the director upon a request by the director. 18
396	396	23-19.19-5. Baseline assessment. 19
397	397	(a) On or before August 1, 2026, the organization shall hire an independent third party 20
398	398	approved by the director to develop a baseline of the state's recycling system. The organization 21
399	399	shall develop a request for proposals for the baseline assessment and shall consult with the advisory 22
400	400	board on the scope of the assessment prior to finalizing the scope and putting the work out to bid. 23
401	401	(b) The baseline assessment is a compilation of information collected from service 24
402	402	providers in the state, both public and private, that currently provide recycling and/or composting 25
403	403	services for covered materials. As this information is critical to developing a plan, service providers 26
404	404	shall respond to data requests from the third-party organization contracted for this work or be 27
405	405	subject to enforcement action under § 23-19.19-13. The third party, organization, department, and 28
406	406	advisory board shall keep confidential any proprietary information from a service provider. 29
407	407	(c) Collection service. The scope of the baseline data collection shall include, but not be 30
408	408	limited to: 31
409	409	(1) Access to covered material recycling and composting service for residential customers 32
410	410	of the service providers, including households served, type of service provided (e.g., single-stream 33
411	411	curbside, drop-off), types of collection containers used, materials accepted, frequency of service 34
412	412
413	413
414	414	LC002552 - Page 12 of 33
415	415	provided where relevant, and length of contracts; 1
416	416	(2) Weight of material collected per time period and the capacity of the current collection 2
417	417	method; and 3
418	418	(3) Total cost of service and households served or contracted rates for service (e.g., dollars 4
419	419	per household) and the services covered by the rates. 5
420	420	(d) Processing. The scope of the baseline data collection shall include, but not be limited 6
421	421	to: 7
422	422	(1) The material throughput at processing facilities providing recycling services to covered 8
423	423	entities and the facilities' capacity for processing material; 9
424	424	(2) The design and capabilities of the facility (e.g., single vs dual stream, use of optical 10
425	425	sorters); 11
426	426	(3) Composition of tons received and composition of tons processed and sold; 12
427	427	(4) Tip fees charged for processing; and 13
428	428	(5) Data on contamination. 14
429	429	(e) Additional data. The scope of the baseline assessment may include: 15
430	430	(1) The market conditions and opportunities for the use of recycled covered materials in 16
431	431	the state and region and issues with access to markets for recycled covered materials; 17
432	432	(2) Size and number of transfer stations and transfer locations for recyclable covered 18
433	433	materials; 19
434	434	(3) The availability and scope of any reuse or refill systems in the state affecting the use of 20
435	435	covered materials; 21
436	436	(4) Access to, capacity, technology used, and characteristics of compost facilities to process 22
437	437	and recover compostable covered materials; and 23
438	438	(5) Recommendations for covered materials that meet the criteria for inclusion on the 24
439	439	collection lists described in § 23-19.19-9, including materials that may be appropriate for inclusion 25
440	440	in an alternative collection program. 26
441	441	(f) On or before January 31, 2027, the organization shall deliver a draft of the needs 27
442	442	assessment to the advisory board and the department. The advisory board and the department shall 28
443	443	submit comments to the organization within thirty (30) days, and the organization shall finalize the 29
444	444	needs assessment by April 30, 2027, including a summary of any comments received and 30
445	445	significant changes made to the needs assessment based on those comments. 31
446	446	23-19.19-6. Program plan. 32
447	447	On or before December 31, 2027, the organization shall submit a proposed program plan 33
448	448	to the advisory board that addresses covered services for covered entities. The plan shall cover a 34
449	449
450	450
451	451	LC002552 - Page 13 of 33
452	452	period of five (5) years, and an updated plan proposal shall be submitted to the advisory board one 1
453	453	year before the expiration of the current plan. In developing the plan proposal and any updated plan 2
454	454	proposals, the organization shall solicit and consider input from the advisory board and provide an 3
455	455	opportunity for additional stakeholder input. 4
456	456	23-19.19-7. Approval of program plan. 5
457	457	To be approved, a program plan proposal shall: 6
458	458	(1) Provide contact information for the organization and a representative of the 7
459	459	organization; 8
460	460	(2) Describe how the plan proposal will address and implement the findings of the baseline 9
461	461	assessment; 10
462	462	(3) Describe the manner in which the organization solicited and considered input from 11
463	463	stakeholders and the advisory board in developing the plan proposal. The organization shall provide 12
464	464	a summary of any comments about the plan proposal from the advisory board and additional 13
465	465	stakeholders and identify changes made to the plan proposal based on the comments; 14
466	466	(4) Describe how the organization will notify affected producers of their obligations under 15
467	467	this chapter, track compliance among producers, and collaborate with the director to bring 16
468	468	producers into compliance; 17
469	469	(5) Include a comprehensive list of the covered materials included in the program and the 18
470	470	mechanism for producers to report data on covered materials to the organization; 19
471	471	(6) Establish recycling practices that: 20
472	472	(i) Meet or exceed the convenience standards for covered materials on the proposed 21
473	473	collection lists, including any alternative collection programs as described in § 23-19.19-9; 22
474	474	(ii) Use open, competitive, and fair procurement practices when entering into contracts 23
475	475	with service providers; 24
476	476	(iii) Incorporate preferences for service providers with strong labor standards and worker 25
477	477	safety practices when entering into contracts with private service providers; 26
478	478	(iv) Ensure that any covered materials collected and processed for recycling or composting 27
479	479	will be transferred to a responsible end market; and 28
480	480	(v) Use environmentally sound management practices; 29
481	481	(7) Describe how the organization will work with newspaper publishers and magazine and 30
482	482	periodical publishers to accept print or online advertising in lieu of all or a portion of the producer 31
483	483	responsibility dues for newspapers, magazines, and periodicals circulated within the state; 32
484	484	(8) Establish a funding mechanism for the program that: 33
485	485	(i) Does not exceed the direct and indirect costs of implementing the program, including 34
486	486
487	487
488	488	LC002552 - Page 14 of 33
489	489	the costs of: 1
490	490	(A) Providing covered services under the program through contracts with service providers 2
491	491	or reimbursement of reasonable covered services costs pursuant to this section; 3
492	492	(B) Meeting the reporting requirements set forth in § 23-19.19-12; 4
493	493	(C) Conducting the baseline assessment; 5
494	494	(D) Developing and updating the final plan; 6
495	495	(E) Implementing the education and outreach program set forth in § 23-19.19-10; 7
496	496	(F) Reimbursing the department pursuant to § 23-19.19-17 for its costs in administering 8
497	497	and implementing this chapter, including the costs of the advisory board; and 9
498	498	(G) Reimbursing the department pursuant to § 23-19.19-17 for the costs of enforcing this 10
499	499	chapter pursuant to § 23-19.19-13; 11
500	500	(ii) Is funded through producer responsibility dues. The producer responsibility dues shall 12
501	501	vary by the type of covered material, whether or not the material is readily recyclable, and be based 13
502	502	on the net covered services costs for each covered material in the state as well as allocated fixed 14
503	503	costs of the organization for administration, education and outreach, and other costs not linked to 15
504	504	material type. 16
505	505	(iii) Requires: 17
506	506	(A) Any surplus money generated by the program to be placed back into the program for 18
507	507	program improvements or a reduction in producer responsibility dues; 19
508	508	(B) The organization to maintain a financial reserve sufficient to operate the program in a 20
509	509	fiscally prudent and responsible manner; and 21
510	510	(C) Annual updates to the producer responsibility dues schedule to reflect changes in 22
511	511	program costs and relevant plan revisions and how the organization will inform and solicit input 23
512	512	from producers in setting and revising the annual producer responsibility dues schedule; 24
513	513	(iv) Includes eco-modulation factors that lower producer responsibility dues to incentivize: 25
514	514	(A) Reductions in the amount of packaging used for products, including through design 26
515	515	innovations and elimination of unnecessary or redundant packaging; 27
516	516	(B) Innovations and practices to enhance the recyclability, compostability, or commodity 28
517	517	value of covered materials; 29
518	518	(C) Postconsumer recycled material use; 30
519	519	(D) Packages designed for reuse and refill where supporting infrastructure exists in the 31
520	520	state; and 32
521	521	(E) High recycling, composting, and refill rates of covered materials 33
522	522	(v) Includes eco-modulation factors that increase producer responsibility dues to 34
523	523
524	524
525	525	LC002552 - Page 15 of 33
526	526	discourage: 1
527	527	(A) Designs and materials that increase the costs of recycling, reusing, or composting 2
528	528	covered materials; 3
529	529	(B) Designs and materials that disrupt the recycling or composting of other materials; and 4
530	530	(C) Producers' use of covered materials that are not on the minimum recyclable or 5
531	531	compostable list; and 6
532	532	(vi) At the request of a producer or producers of a covered material, may include a special 7
533	533	assessment paid by the producers of that covered material to improve or establish a method for 8
534	534	collecting and recycling that covered material or to facilitate the addition of the covered material 9
535	535	to the list of readily recyclable materials; 10
536	536	(9) Include a proposed budget and a description of the processes used to determine 11
537	537	producer responsibility dues, levied on a material-specific basis. Describe any producer sales limits 12
538	538	where dues would be eliminated or based on a flat rate to minimize administrative and reporting 13
539	539	costs of the producers and the organization; 14
540	540	(10) Provide a methodology for reimbursement rates for covered services for covered 15
541	541	materials: 16
542	542	(i) The methodology for reimbursement rates shall consider estimated revenue received by 17
543	543	service providers from the sale of covered materials based upon relevant material indices and 18
544	544	incorporate relevant cost information identified by the needs assessment. Reimbursement rates 19
545	545	shall be annually updated and reflect the net costs for covered services for covered materials from 20
546	546	covered entities. Reimbursement rates shall be established equivalent to net costs as established by 21
547	547	a methodology in an approved plan as follows: 22
548	548	(A) No less than fifty percent (50%) of the net cost for the first year of initial plan operation; 23
549	549	(B) No less than seventy-five percent (75%) of the net cost for the second year of initial 24
550	550	plan operation; and 25
551	551	(C) No less than ninety percent (90%) of the net cost thereafter; 26
552	552	(11) Reimbursement rates shall be based on the following, as applicable based on the 27
553	553	service provided: 28
554	554	(i) The cost to collect covered material for recycling, a proportional share of composting, 29
555	555	or reuse adjusted to reflect conditions that affect those costs, varied by region or jurisdiction in 30
556	556	which the covered services are provided including, but not limited to: 31
557	557	(A) The number and type of covered entities; 32
558	558	(B) Population density; 33
559	559	(C) Collections methods employed; 34
560	560
561	561
562	562	LC002552 - Page 16 of 33
563	563	(D) Distance traveled by collection vehicles to consolidation or transfer facilities; to reuse, 1
564	564	recycling, or composting facilities; and to responsible markets; 2
565	565	(E) Other factors that may contribute to regional or jurisdictional cost differences; 3
566	566	(F) The proportion of covered compostable materials within all source-separated 4
567	567	compostable materials collected or managed through composting; and 5
568	568	(G) The general quality of covered materials collected by service providers; 6
569	569	(ii) The cost to transfer collected covered materials from consolidation or transfer facilities 7
570	570	to reuse, processing, recycling, or composting facilities or to responsible markets; 8
571	571	(iii) The cost to: 9
572	572	(A) Sort and process covered materials for sale or use and remove contamination from 10
573	573	covered materials by a recycling or composting facility, less the average fair market value for that 11
574	574	covered material based on market indices for the region; and 12
575	575	(B) Manage contamination removed from collected covered material; 13
576	576	(iv) Administrative costs of service providers, including education, public awareness 14
577	577	campaigns, and outreach program costs as applicable; and 15
578	578	(v) The costs of covered services for a refill system or covered services provided for 16
579	579	reusable covered materials and management of contamination; 17
580	580	(12) A service provider retains all revenue from the sale of covered materials. Nothing in 18
581	581	this chapter shall restrict a service provider from charging a fee for covered services of covered 19
582	582	materials to the extent that reimbursement from a producer responsibility organization does not 20
583	583	cover all costs of services, including continued investment and innovation in operations, operating 21
584	584	profits, and returns on investments required by a service provider to maintain the services; 22
585	585	(13) Reimbursement rates may be calculated per ton, by household, or by another unit of 23
586	586	measurement under an approved program plan; 24
587	587	(14) Describe the process to develop and revise the reimbursement methodology as 25
588	588	necessary, including use of documented costs; 26
589	589	(15) Describe a plan that outlines, if the organization ceased to exist or ceased to administer 27
590	590	the program, how any producer responsibility dues that had not been used to implement the 28
591	591	program would be transferred to another organization designated by the director to administer the 29
592	592	program or would be transferred to the fund to be managed by the department until transferred to 30
593	593	another designated organization; 31
594	594	(16) Include the minimum recyclable or compostable lists established in accordance with 32
595	595	§ 23-19.19-9; 33
596	596	(17) Set targets that the program will strive to meet by December 31, 2033, and December 34
597	597
598	598
599	599	LC002552 - Page 17 of 33
600	600	31, 2038, for: 1
601	601	(i) Minimum collection and recycling rates for all covered materials and by type of covered 2
602	602	materials; and 3
603	603	(ii) Minimum postconsumer recycled content rates for covered materials, including paper 4
604	604	products, glass, metal, and plastic, but excluding covered materials that cannot include 5
605	605	postconsumer recycled content because of technical or market barriers, unique chemical or physical 6
606	606	properties, or health and safety requirements that prevent its use; 7
607	607	(18) Describe how postconsumer recycled content rates will be calculated using weight 8
608	608	and other metrics, how the organization will verify minimum postconsumer recycled content rates, 9
609	609	and describe a process to temporarily waive postconsumer recycled content rates for a type or 10
610	610	subcategory of covered materials and the criteria for evaluating such waivers, including food safety 11
611	611	requirements, technological feasibility, or inadequate or disrupted supply; 12
612	612	(19) Describe how the organization will provide producers with the opportunity to purchase 13
613	613	postconsumer recycled materials from processors at market prices if the producer is interested in 14
614	614	obtaining recycled feedstock to achieve minimum postconsumer recycled content rates; 15
615	615	(20) Describe how the organization will reduce or offset the producer responsibility dues 16
616	616	for any producer or group of producers that fund or operate a collection program that: 17
617	617	(i) Covers a specific type of covered material that is not processed by materials recovery 18
618	618	facilities; and 19
619	619	(ii) Has recycling rates that meet or exceed the minimum recycling rate target set forth in 20
620	620	the plan; 21
621	621	(21) Describe how the organization will work with service providers to: 22
622	622	(i) Utilize and expand on existing covered services and infrastructure and existing 23
623	623	education and outreach programs; 24
624	624	(ii) Reduce contamination of covered materials delivered to materials recovery facilities 25
625	625	and compost facilities by: 26
626	626	(A) Requiring each materials recovery facility and compost facility participating in the 27
627	627	program to report annually to the organization on in-bound contamination levels at each facility; 28
628	628	and 29
629	629	(B) Providing funding or other assistance to compost facilities to reduce the costs of 30
630	630	managing or increase the effectiveness of efforts to manage contamination and to process and 31
631	631	recover compostable packaging; 32
632	632	(iii) Invest in new or upgraded recycling infrastructure; 33
633	633	(iv) Mitigate the impacts of covered materials on other materials and equipment at sorting 34
634	634
635	635
636	636	LC002552 - Page 18 of 33
637	637	and processing facilities; 1
638	638	(v) Invest in market development for covered materials in the state; and 2
639	639	(vi) Increase the recycling of collected covered materials; 3
640	640	(22) Describe how the organization will work with and incentivize producers to reduce 4
641	641	packaging through product design changes, the development or expansion of systems for reusable 5
642	642	packaging, and product innovation; 6
643	643	(23) Describe how the program will prioritize the use of end markets that return 7
644	644	postconsumer recycled materials to their original product type; 8
645	645	(24) Describe how the organization will evaluate and monitor the use of responsible end 9
646	646	markets through methods such as processor contracts or financial incentives; 10
647	647	(25) Describe how the organization will implement the education and outreach program 11
648	648	set forth in § 23-19.19-10; and 12
649	649	(26) Include any additional information required by the department. 13
650	650	23-19.19-8. Review of advisory plan. 14
651	651	(a) The advisory board shall review the plan proposal for compliance with this chapter. The 15
652	652	advisory board shall consult with the organization throughout its review of the plan proposal. 16
653	653	(1) Within ninety (90) days after the submission of the plan proposal to the advisory board, 17
654	654	the advisory board shall either provide any recommended amendments to the plan proposal to the 18
655	655	organization or, if the advisory board does not have any recommended amendments, forward the 19
656	656	plan proposal to the director; 20
657	657	(2) The organization shall provide responsive answers to the advisory board's 21
658	658	recommendations and submit an amended plan proposal to the advisory board within sixty (60) 22
659	659	days after its receipt of the recommended amendments; 23
660	660	(3) Within thirty (30) days after the submission of the amended plan proposal to the 24
661	661	advisory board, the advisory board shall forward the amended plan proposal to the director with its 25
662	662	recommendation for approval or rejection and, if applicable, a written explanation of the basis for 26
663	663	recommending rejection of the plan proposal; 27
664	664	(4) Within one week of receiving the plan proposal, the director shall post the plan proposal 28
665	665	on the department's website and provide public notice and an opportunity to comment on the plan 29
666	666	proposal. 30
667	667	(b)(1) Within sixty (60) days after receiving the plan proposal or amended plan proposal, 31
668	668	the director shall either approve or reject the plan proposal or amended plan proposal; 32
669	669	(2) If the director rejects the plan proposal or amended plan proposal, the director shall 33
670	670	notify the organization of the rejection and the reasons for the rejection, which reasons shall be 34
671	671
672	672
673	673	LC002552 - Page 19 of 33
674	674	based on the failure of the plan proposal or amended plan proposal to comply with the requirements 1
675	675	specified in this section. The organization shall submit a revised plan proposal to the advisory board 2
676	676	within sixty (60) days after receiving the director's rejection. The revised plan proposal shall be 3
677	677	reviewed by the advisory board and the revised plan proposal or amended plan proposal shall be 4
678	678	expeditiously reviewed and approved or rejected by the director in thirty (30) days in accordance 5
679	679	with this section. 6
680	680	(c) If the director approves the plan proposal or amended plan proposal pursuant to this 7
681	681	section, the director shall designate the plan proposal or amended plan proposal as the final plan 8
682	682	and shall publish the final plan on the department's website. 9
683	683	(d) The organization shall begin implementing the final plan within six (6) months after it 10
684	684	is approved. 11
685	685	(e) As part of its annual report under § 23-19.19-12, the organization may submit proposed 12
686	686	amendments to a final plan. The organization shall submit these amendments to the advisory board 13
687	687	at least sixty (60) days prior to the deadline to submit the annual report: 14
688	688	(1) The department may request that the organization amend the plan in any year to address 15
689	689	a specific concern or aspect of the plan by submitting the request at least ninety (90) days prior to 16
690	690	the annual report deadline. The organization shall consult with the advisory board on these 17
691	691	proposed amendments. 18
692	692	(2) The advisory board shall submit any proposed amendments to the director concurrent 19
693	693	with the annual report for approval or rejection based on the plan proposal requirements specified 20
694	694	in this section. 21
695	695	(f) The organization shall continue to operate the program in accordance with the final plan 22
696	696	pending the approval or rejection of a proposed amendment by the director. The director's rejection 23
697	697	of a proposed amendment does not relieve the organization of its responsibility to continue to 24
698	698	operate the program in accordance with the final plan. 25
699	699	(g) The director shall enforce this chapter in accordance with § 23-19.19-13 and the 26
700	700	department shall promulgate rules as may be necessary for the administration and enforcement of 27
701	701	this chapter. Notwithstanding any law to the contrary, the organization shall not make any 28
702	702	determination as to a person's compliance with this chapter. 29
703	703	(h)(1) By December 31, 2027, and each December 31 thereafter, as an alternative to 30
704	704	participating in the program, a producer may submit to the advisory board an individual program 31
705	705	plan proposal. A producer shall notify the department of its intent to submit an individual program 32
706	706	plan as described in § 23-19.19-11. 33
707	707	(2) An individual program plan proposal shall: 34
708	708
709	709
710	710	LC002552 - Page 20 of 33
711	711	(i) Comply with the requirements of subsection (h)(1) of this section, as applicable; 1
712	712	(ii) Describe how the producer participating in the individual program plan proposal will 2
713	713	contribute its share of department costs to oversee the program under § 23-19.19-17; 3
714	714	(iii) Describe how the producer will reimburse service providers that provide recycling 4
715	715	services for the covered materials covered by the individual program plan proposal; and 5
716	716	(iv) Describe any alternative collection programs run by the producer and their recycling 6
717	717	rates by material type. 7
718	718	(i) The advisory board shall review and make recommendations on, and the director shall 8
719	719	approve or reject, any individual program plan proposals in accordance with the criteria and 9
720	720	procedures set forth in this section. If the director approves an individual program plan proposal, 10
721	721	the director shall designate the individual program plan proposal as the plan that the producer is 11
722	722	authorized to implement and administer as an alternative to participating in the program. 12
723	723	(j) The producer implementing an individual program plan shall submit any amendments 13
724	724	to the plan to the advisory board in accordance with this section. The advisory board shall review 14
725	725	and make recommendations on and the director shall approve or reject any amendments to the plan 15
726	726	in accordance with this section. 16
727	727	23-19.19-9. Minimum recyclable or compostable lists and convenience standards. 17
728	728	(a) As part of the plan, the producer responsibility organization shall develop a list of 18
729	729	covered materials determined to be recyclable or compostable statewide through systems where 19
730	730	covered materials are commingled into a recyclables stream and a separate compostables stream. 20
731	731	These covered materials shall be collected at an optimal level and method of service and 21
732	732	convenience for covered entities, at a minimum, wherever collection services for mixed municipal 22
733	733	solid waste are available. 23
734	734	(b) The producer responsibility organization may propose a list of covered materials 24
735	735	determined to be recyclable or compostable and collected statewide through systems other than the 25
736	736	system required for covered materials on the list established in subsection (a) of this section. 26
737	737	(1) These alternative collection programs shall: 27
738	738	(i) Provide year-round, convenient, statewide collection opportunities, including at least 28
739	739	one drop-off collection site located in each county; 29
740	740	(ii) Provide tiers of service for collection, convenience, number of drop-off collection sites, 30
741	741	and additional collection systems based on county population size and county population density; 31
742	742	(iii) Ensure materials are sent to responsible markets; 32
743	743	(iv) Use education and outreach strategies that can be expected to significantly increase 33
744	744	consumer awareness of the program throughout the state; and 34
745	745
746	746
747	747	LC002552 - Page 21 of 33
748	748	(v) Measure the amount of each covered material collected and the applicable performance 1
749	749	target and statewide requirement. 2
750	750	(2) A proposal for an alternative collection program shall include: 3
751	751	(i) The type, number, and location of each collection opportunity; 4
752	752	(ii) A description of how each of the program requirements established in this section will 5
753	753	be met; 6
754	754	(iii) Performance targets for each covered material, as applicable, to be managed through 7
755	755	an alternative collection program; and 8
756	756	(iv) How the alternative collection program will work in combination with the collection 9
757	757	systems described in this section to meet performance targets for any material type that is managed 10
758	758	through a combination of an alternative collection program and the commingled systems described 11
759	759	in this section. 12
760	760	(c) The producer responsibility organization shall draw on the findings of the baseline 13
761	761	assessment and consult with the advisory board, producers submitting individual program plans, 14
762	762	service providers, and other interested parties to develop or amend the recyclable or compostable 15
763	763	covered materials lists and shall review any requests by interested parties for addition or removal 16
764	764	of covered materials from the lists created under this section. 17
765	765	(d) In developing the lists under this section, the producer responsibility organization may 18
766	766	consider 19
767	767	(1) The availability of recycling and composting collection services; 20
768	768	(2) Recycling and composting processing infrastructure; 21
769	769	(3) Capacity and technology for sorting covered materials; 22
770	770	(4) Whether a covered material is of a type and form that is regularly sorted and aggregated 23
771	771	into defined streams for recycling processes or is included in a relevant Institute of Scrap Recycling 24
772	772	Industries specification or its successors; 25
773	773	(5) Availability of responsible markets; 26
774	774	(6) Presence and amount of processing residuals, contamination, and toxic substances; 27
775	775	(7) Quantity of covered material estimated to be available and recoverable; and 28
776	776	(8) Projected future conditions for the criteria in this section. 29
777	777	(e) The producer responsibility organization may propose amendments to these lists as part 30
778	778	of its annual report to the advisory board and department. Upon approval, the producer 31
779	779	responsibility organizations shall provide amended lists to service providers as soon as possible 32
780	780	after approval and incorporate changes in relevant service provider reimbursement rates within a 33
781	781	year. 34
782	782
783	783
784	784	LC002552 - Page 22 of 33
785	785	(f)(1) To be eligible for reimbursement for covered services provided under the program, 1
786	786	service providers shall be registered with the department as required in § 23-19.19-4 and shall 2
787	787	provide covered services for all readily recyclable and compostable covered materials in a manner 3
788	788	that facilitates attaining the rate targets established in the final plan and in compliance with 4
789	789	requirements in this section. 5
790	790	(2) The director may grant a service provider an exception to the requirements of subsection 6
791	791	(a) of this section if the service provider demonstrates to the reasonable satisfaction of the director 7
792	792	that it is not able to provide covered services or meet the convenience standards for a readily 8
793	793	recyclable or compostable material. 9
794	794	(3) Notwithstanding any law to the contrary, nothing in this chapter restricts a service 10
795	795	provider from collecting or processing covered materials that are not included in the minimum 11
796	796	recyclable or compostable lists. 12
797	797	(g)(1) The organization shall contract with service providers to provide covered entities 13
798	798	with convenient and equitable access to covered services for all readily recyclable and compostable 14
799	799	covered materials, at no charge to the covered entity, with the goal of achieving the recycling rate, 15
800	800	collection rate, and postconsumer recycled content rate targets established in the final plan under 16
801	801	§§ 23-19.19-6, 23-19.19-7, and 23-19.19-8. 17
802	802	(2) The collection of readily recyclable and compostable covered materials shall be 18
803	803	provided in a manner that is as convenient as the collection of solid waste in the geographic area in 19
804	804	which the covered entity is located. 20
805	805	(3) Any covered entities in the state that are receiving covered services on December 31, 21
806	806	2027 shall continue to receive equivalent covered services through the program or a service 22
807	807	provider once the final plan is implemented. 23
808	808	(4) The organization shall not restrict a person's ability to contract directly with service 24
809	809	providers to obtain covered services for covered materials. 25
810	810	(5) Notwithstanding any law to the contrary, nothing in this chapter voids or cancels any 26
811	811	contract between a resident and a service provider for the provision of recycling or composting 27
812	812	services that is executed prior to December 31, 2027. 28
813	813	23-19.19-10. Education and outreach program. 29
814	814	(a) The organization shall develop and implement a statewide education and outreach 30
815	815	program that is designed to increase the recycling, composting, and reuse of covered materials and 31
816	816	includes education and outreach on proper end-of-life management of covered materials, the 32
817	817	location and availability of covered services under the program, and how to prevent littering in the 33
818	818	process of providing covered services. 34
819	819
820	820
821	821	LC002552 - Page 23 of 33
822	822	(b) The education and outreach program shall, at a minimum: 1
823	823	(1) Provide clear and concise recycling, composting, and reuse instructions that are 2
824	824	consistent statewide and accessible for all demographic groups; 3
825	825	(2) Coordinate and align existing recycling education materials and services provided 4
826	826	throughout the state; and 5
827	827	(3) Be designed to help the state achieve the minimum collection rate and minimum 6
828	828	recycling rate targets established in the final plan and reduce levels and impacts of inbound 7
829	829	contamination from covered materials at materials recovery facilities and compost facilities. 8
830	830	(c) The organization shall consult with the advisory board and other entities providing 9
831	831	recycling education in the state on the development and distribution of education outreach services 10
832	832	and materials. The organization may contract with service providers, local governments, and 11
833	833	nonprofit organizations to conduct recycling education and outreach services under the program 12
834	834	developed under this section. 13
835	835	(d) The organization shall develop a proposed methodology for evaluating and reporting 14
836	836	on the effectiveness of the education and outreach program. 15
837	837	23-19.19-11. Producer requirements, records, and data. 16
838	838	(a) Producers shall join the approved producer responsibility organization by July 1, 2026. 17
839	839	As an alternative to participating in the program, a producer shall notify the department and the 18
840	840	approved producer responsibility organization of its intent to submit an individual program plan 19
841	841	proposal. A producer shall notify the department of its initial intent to submit an individual program 20
842	842	plan proposal by July 1, 2026. 21
843	843	(b) Effective July 1, 2027, a producer shall not sell or distribute any products that use 22
844	844	covered materials in the state unless the producer is participating in the program as a member of 23
845	845	the organization or having notified the department of its intent to submit an individual program 24
846	846	plan proposal. Participation includes providing data necessary to meet its plan obligations as 25
847	847	determined by the organization and may use prorated national or regional data if state-specific data 26
848	848	is not available or feasible to generate. Participation also includes payment of dues according to the 27
849	849	schedule developed by the organization on the terms and conditions established by the organization. 28
850	850	(c) A producer shall make all documents and records related to the calculation and payment 29
851	851	of producer responsibility dues, recycling rates, collection rates, postconsumer recycled content 30
852	852	rates, and any other materials necessary for the director to determine compliance with this chapter 31
853	853	available for inspection by the director. In connection with enforcing a violation by a producer 32
854	854	pursuant to § 23-19.19-13, the director may request in writing that the producer provide any such 33
855	855	documents or records to the director. 34
856	856
857	857
858	858	LC002552 - Page 24 of 33
859	859	(d) The director, the advisory board, the organization, an additional producer responsibility 1
860	860	organization, and any other person administering a plan approved by the director pursuant to this 2
861	861	chapter shall keep confidential any proprietary information provided by a producer and shall not 3
862	862	include any proprietary information provided by a producer in the plan proposal, the amended plan 4
863	863	proposal, the final plan, any other plan approved by the director pursuant to this chapter, or any 5
864	864	amendment to the final plan or other plan approved by the director pursuant to this chapter. 6
865	865	23-19.19-12. Annual reporting. 7
866	866	(a) The organization, any additional producer responsibility organization, and any person 8
867	867	administering a plan approved by the director pursuant to this chapter shall cause to be conducted 9
868	868	an annual financial audit of the program or any other plan approved by the director pursuant to this 10
869	869	chapter by an independent third-party auditor. 11
870	870	(b)(1) Before March 31 of the second year of the program's implementation, and by March 12
871	871	31 each year thereafter, the organization shall submit a report to the advisory board describing the 13
872	872	progress of the program. The advisory board shall review the report and forward the report to the 14
873	873	director. The advisory board shall also review any proposed amendments to the final plan and any 15
874	874	updates to the minimum recyclable or compostable lists and forward the amendments and updates 16
875	875	to the director with its recommendation for approval or rejection. The director shall post the report 17
876	876	on the department's website. The program report shall include the following information from the 18
877	877	preceding calendar year: 19
878	878	(i) A detailed description of the progress toward each element of the final plan as described 20
879	879	in §§ 23-19.19-6, 23-19.19-7, and 23-19.19-8; 21
880	880	(ii) A list of all the producers, brands, and covered materials covered by the final plan; 22
881	881	(iii) A list of known producers that are not participating in the program and any known 23
882	882	producers that may be out of compliance with one or more obligations imposed by this chapter; 24
883	883	(iv) The total amount of producer responsibility dues collected under the program, 25
884	884	including an annual schedule of producer responsibility dues assessed by weight for each type of 26
885	885	covered material and any annual increases or decreases in the dues schedule and the reasons for 27
886	886	these adjustments; 28
887	887	(v) The total weight of each type of covered materials that producers used for products that 29
888	888	were sold or distributed in the state; 30
889	889	(vi) The total weight of each type of covered material that was collected and recycled under 31
890	890	the program, with the data broken down by the means of collection, including by curbside service, 32
891	891	drop-off center, or other means; 33
892	892	(vii) The number of covered entities, by type, such as single-family residential and multi-34
893	893
894	894
895	895	LC002552 - Page 25 of 33
896	896	family residential, and the means of collection, including curbside service, drop-off, or other means; 1
897	897	(viii) A list of the names, locations, and scope of services for curbside, drop-off, and other 2
898	898	operations accepting or collecting covered materials under the program; 3
899	899	(ix) The collection and recycling rates for all covered materials and by type of covered 4
900	900	materials and the postconsumer recycled content rate as applicable for each type of covered 5
901	901	material; a description of the organization's process in achieving the minimum rate targets set forth 6
902	902	in the final plan; and in the event that the program is not on target to meet the rates, actions the 7
903	903	organization plans to undertake to meet the rates; 8
904	904	(x) The rate methodology and/or schedules for reimbursement to service providers, any 9
905	905	proposed adjustments to the methodology, and a summary of any disputes arising between the 10
906	906	organization and service providers concerning rates and how the disputes were addressed; 11
907	907	(xi) A summary of the education and outreach efforts implemented, including samples of 12
908	908	materials distributed and the methodology and results of the evaluation of education program 13
909	909	effectiveness; 14
910	910	(xii) A description of the organization's efforts to ensure that covered materials have been 15
911	911	responsibly managed and delivered to responsible end markets under the program, including a list 16
912	912	of the recycling end markets for each type of covered materials processed; 17
913	913	(xiii) A financial statement of income and expenses supported by a copy of the independent 18
914	914	third party's report auditing the program pursuant to subsection (a) of this section; 19
915	915	(xiv) A description of the status of reserve funds, an assessment of the adequacy of those 20
916	916	funds to cover program costs, and a description of how any program funding shortfalls will be 21
917	917	addressed; and 22
918	918	(xv) Any amendments to the final plan, including any updates to the minimum recyclable 23
919	919	or compostable lists. 24
920	920	(c) The responsible organization or person administering any additional plan approved by 25
921	921	the commissioner shall also submit a report to the advisory board by March 31 of the second year 26
922	922	of any such plan and every March 31 thereafter describing the progress of the plan. The report shall 27
923	923	include the information described in subsection (b)(1) of this section, as applicable, from the 28
924	924	preceding calendar year. The advisory board shall review the report and forward the report to the 29
925	925	director. The advisory board shall also review any proposed amendments to the plan and forward 30
926	926	the amendments to the director with its recommendation for approval or rejection. The director 31
927	927	shall post the report on the department's website. 32
928	928	(d) If, based on the annual reports submitted under this section, the program or any other 33
929	929	plan approved by the director pursuant to this chapter is not on track to meet the minimum 34
930	930
931	931
932	932	LC002552 - Page 26 of 33
933	933	collection rates, minimum recycling rates, or minimum postconsumer recycled content rates set 1
934	934	forth in the program or plans, the director may require the organization, additional producer 2
935	935	responsibility organization, or other person responsible for administering a plan approved by the 3
936	936	director under this chapter to amend its respective plan as described in § 23-19.19-8. 4
937	937	(e) Department report. The director shall annually compile the results of the reports 5
938	938	received pursuant to this section into a general report describing the progress of the program and 6
939	939	any other plans approved by the director pursuant to this chapter. The department report shall 7
940	940	include a review of the department's activities and expenses that were reimbursed pursuant to § 23-8
941	941	19.19-17. The director shall post the report on the department's website and submit the report to the 9
942	942	governor, to the senate committee on environment and agriculture, and to the house committee on 10
943	943	environment and natural resources. 11
944	944	23-19.19-13. Enforcement and penalties. 12
945	945	(a) If the organization, an additional producer responsibility organization, a person 13
946	946	administering a plan approved by the director pursuant to this chapter, a producer, or a service 14
947	947	provider (referred to in this section as a "regulated entity") violates any portion of this chapter, the 15
948	948	regulated entity is liable for an administrative penalty not to exceed: 16
949	949	(1) For a first violation, an initial penalty of two thousand dollars ($2,000) for the first day 17
950	950	of each violation and one thousand dollars ($1,000) per day for each day the violation continues; 18
951	951	(2) For a second violation committed within twelve (12) months after a prior violation, an 19
952	952	initial penalty of five thousand dollars ($5,000) for the first day of each violation and two thousand 20
953	953	five hundred dollars ($2,500) per day for each day the violation continues; and 21
954	954	(3) For a third or subsequent violation committed within twelve (12) months after two (2) 22
955	955	or more prior violations, an initial penalty of ten thousand dollars ($10,000) for the first day of each 23
956	956	violation and five thousand dollars ($5,000) per day for each day the violation continues. 24
957	957	(b)(1) If the regulated entity violates any portion of this chapter, the director shall serve by 25
958	958	personal service or by certified mail an order that imposes an administrative penalty. 26
959	959	(2) The regulated entity may submit a written request for a hearing to the director by 27
960	960	personal service or by certified mail within thirty (30) calendar days after the date of the order 28
961	961	imposing an administrative penalty. The department's office of administrative adjudication shall 29
962	962	conduct the hearing. 30
963	963	(3) If a request for a hearing is filed, the requirement to pay a penalty is stayed pending a 31
964	964	final decision by the office of administrative adjudication after a hearing on the merits. The director 32
965	965	is not precluded from imposing an administrative penalty against the regulated entity for subsequent 33
966	966	violations of this chapter committed during the pendency of the stay. 34
967	967
968	968
969	969	LC002552 - Page 27 of 33
970	970	(4) The director bears the burden of proof by a preponderance of the evidence in a hearing 1
971	971	held pursuant to this section. 2
972	972	(c) The director may enter into a settlement agreement with a regulated entity assessed an 3
973	973	administrative penalty under this section. 4
974	974	(d) The director shall transfer any money collected under this section to the office of the 5
975	975	general treasurer, which shall credit the money to the ocean state climate adaptation and resilience 6
976	976	fund established in the § 46-23.3-4. 7
977	977	(e) Notwithstanding any law to the contrary, nothing in this chapter: 8
978	978	(1) Creates a private right of action; or 9
979	979	(2) Authorizes enforcement of this chapter against anyone other than a regulated entity. 10
980	980	23-19.19-14. Limited exemption from antitrust and unfair trade practices. 11
981	981	If the program or any other plan approved by the director pursuant to this chapter engages 12
982	982	in an activity performed solely in furtherance of implementing the program or plan and in 13
983	983	compliance with this chapter, the activity is not a violation of the antitrust provisions of the Rhode 14
984	984	Island antitrust act in chapter 36 of title 6 or of the unfair methods of competition and unfair or 15
985	985	deceptive acts or practices described in the deceptive trade practices provisions of chapter 13.1 of 16
986	986	title 6. 17
987	987	23-19.19-15. Local government eligibility and obligations. 18
988	988	(a) Nothing in this chapter affects a person's eligibility for any state or local incentive 19
989	989	programs for which the person is otherwise eligible. 20
990	990	(b) Notwithstanding any law to the contrary, a local government is not required to provide 21
991	991	covered services under the program or any other plan approved by the director pursuant to this 22
992	992	chapter. To the extent that a local government elects to provide covered services under the program 23
993	993	or any other plan approved by the director pursuant to this chapter, the organization, additional 24
994	994	producer responsibility organization, or other person responsible for administering a plan approved 25
995	995	by the director under this chapter shall reimburse the local government for those covered services 26
996	996	in accordance with § 23-19.19-9 and the final plan or any other plan approved by the director 27
997	997	pursuant to this chapter. 28
998	998	(c) A local government that receives reimbursement funds from the organization or in 29
999	999	accordance with any other plan approved by the director shall use such funds for the local 30
1000	1000	government's recycling program and shall not charge residents for costs reimbursed through the 31
1001	1001	program. 32
1002	1002	23-19.19-16. Restriction on consumer fees. 33
1003	1003	A person shall not charge any kind of point-of-sale or point-of-collection fee to consumers 34
1004	1004
1005	1005
1006	1006	LC002552 - Page 28 of 33
1007	1007	to recoup its costs in meeting the obligations of or complying with this chapter. Nor shall a service 1
1008	1008	provider charge a fee for costs for which the service provider is reimbursed under this chapter. 2
1009	1009	23-19.19-17. Administrative fund. 3
1010	1010	(a) There is hereby created in the office of the general treasurer the extended producer 4
1011	1011	responsibility for packaging and paper administrative fund, referred to in this section as the "fund." 5
1012	1012	The fund consists of any producer funds designated for administrative costs pursuant to this section, 6
1013	1013	including a portion of dues transferred to the fund by the organization and administrative funds 7
1014	1014	transferred from an additional producer responsibility organization or a person administering a plan 8
1015	1015	approved by the director pursuant to this chapter. The fund also includes money that the general 9
1016	1016	assembly transfers to the fund for use by the department. Payments for administrative costs made 10
1017	1017	in accordance with approved plans are limited to reimbursing: 11
1018	1018	(1) The department, including the advisory board, for the reasonable costs incurred in 12
1019	1019	administering and implementing any portion of this chapter; and 13
1020	1020	(2) The department for the reasonable costs incurred in enforcing this chapter. 14
1021	1021	(b)(1) By August 1, 2026, the department shall notify the organization of the costs in 15
1022	1022	administering, implementing, and enforcing this chapter from the effective date of this chapter 16
1023	1023	through June 30, 2026. 17
1024	1024	(2) By August 1 of each subsequent year, the department shall notify the organization of 18
1025	1025	the costs of administering, implementing, and enforcing this chapter during the immediately 19
1026	1026	preceding state fiscal year. 20
1027	1027	(c) Upon receipt of the department's cost accounting, the organization, an additional 21
1028	1028	producer responsibility organization, or a person administering a plan approved by the director 22
1029	1029	pursuant to this chapter shall transmit to the general treasurer, for deposit in the fund, their allocated 23
1030	1030	share of the funds necessary to reimburse the department for its costs. 24
1031	1031	(d) The general assembly shall annually appropriate money from the fund to the department 25
1032	1032	for the purposes set forth in this section. 26
1033	1033	(e) All unexpended and unencumbered money in the fund at the end of any state fiscal year 27
1034	1034	remains in the fund and shall not be credited or transferred to the general fund or any other fund; 28
1035	1035	this money shall be used to reduce the reimbursement obligations under subsection (b) of this 29
1036	1036	section. All interest derived from the deposit and investment of money in the fund remains in the 30
1037	1037	fund and does not revert to the general fund. 31
1038	1038	23-19.19-18. No obligation to provide covered services. 32
1039	1039	Notwithstanding any law to the contrary, a private service provider is not required to 33
1040	1040	provide covered services under the program or any other plan approved by the director pursuant to 34
1041	1041
1042	1042
1043	1043	LC002552 - Page 29 of 33
1044	1044	this chapter. 1
1045	1045	23-19.19-19. Regional coordination and harmonization encouraged. 2
1046	1046	The department and any approved organizations shall seek opportunities for coordination 3
1047	1047	and harmonization with similar programs in the region including, but not limited to, conduct of the 4
1048	1048	baseline assessment, management of organizations, development of the minimum recyclable or 5
1049	1049	compostable lists, and composition and representation of the advisory committee. Further, the 6
1050	1050	organizations and service providers shall seek to optimize scale through regional recycling services 7
1051	1051	and infrastructure wherever practical. 8
1052	1052	23-19.19-20. Severability. 9
1053	1053	If any provision of this chapter or the application thereof to any person or circumstance is 10
1054	1054	held invalid, such invalidity does not affect other provisions or applications of the chapter that can 11
1055	1055	be given effect without the invalid provision or application, and to this end the provisions of this 12
1056	1056	chapter are declared to be severable. 13
1057	1057	SECTION 2. The title of Chapter 44-44 of the General Laws entitled "Taxation of Beverage 14
1058	1058	Containers and Hard-To-Dispose Material" is hereby amended to read as follows: 15
1059	1059	CHAPTER 44-44 16
1060	1060	Taxation of Beverage Containers and Hard-To-Dispose Material 17
1061	1061	CHAPTER 44-44 18
1062	1062	TAXATION OF HARD-TO-DISPOSE MATERIAL 19
1063	1063	SECTION 3. Sections 44-44-3, 44-44-8 and 44-44-13 of the General Laws in Chapter 44-20
1064	1064	44 entitled "Taxation of Beverage Containers and Hard-To-Dispose Material" are hereby repealed. 21
1065	1065	44-44-3. Imposition of tax on beverage containers. 22
1066	1066	There shall be levied and imposed a tax of eight cents ($0.08) on each case of beverage 23
1067	1067	containers sold by a beverage wholesaler to a beverage retailer or consumer within this state. The 24
1068	1068	tax shall be collected by the beverage wholesaler. The tax provided for in this section shall not be 25
1069	1069	levied, imposed, or collected on reusable and refillable beverage containers. 26
1070	1070	44-44-8. Records required — Inspection of records. 27
1071	1071	Every beverage wholesaler shall keep books, including records, receipts, and other 28
1072	1072	pertinent papers, in a form the tax administrator may require. The records shall be open at all times 29
1073	1073	to the inspection of the tax administrator and his or her agents and, upon summons issued by the 30
1074	1074	tax administrator, shall be produced at the time and place that he or she may designate for inspection 31
1075	1075	by the tax administrator or his or her agents. 32
1076	1076	44-44-13. Contingency provision. 33
1077	1077	The provisions of this chapter shall become null and void, and the tax imposed under this 34
1078	1078
1079	1079
1080	1080	LC002552 - Page 30 of 33
1081	1081	chapter shall terminate, if federal or state legislation is enacted which requires a deposit on beverage 1
1082	1082	containers. 2
1083	1083	SECTION 4. Sections 44-44-1, 44-44-2, 44-44-4, 44-44-17, 44-44-18 and 44-44-19 of the 3
1084	1084	General Laws in Chapter 44-44 entitled "Taxation of Beverage Containers and Hard-To-Dispose 4
1085	1085	Material" are hereby amended to read as follows: 5
1086	1086	44-44-1. Purpose. 6
1087	1087	This chapter is enacted to provide funding for the litter reduction and recycling program, 7
1088	1088	created pursuant to chapter 15.1 of title 37, and the hard-to-dispose material — control and 8
1089	1089	recycling program, created pursuant to chapter 15.1 of title 37. 9
1090	1090	44-44-2. Definitions. 10
1091	1091	As used in this chapter: 11
1092	1092	(1) "Beverage" means all non-alcoholic drinks for human consumption, except milk but 12
1093	1093	including beer and other malt beverages. 13
1094	1094	(2) "Beverage container" means any sealable bottle, can, jar, or carton which contains a 14
1095	1095	beverage. 15
1096	1096	(3) "Beverage retailer" means any person who engages in the sale of a beverage container 16
1097	1097	to a consumer within the state of Rhode Island, including any operator of a vending machine. 17
1098	1098	(4) "Beverage wholesaler" means any person who engages in the sale of beverage 18
1099	1099	containers to beverage retailers in this state, including any brewer, manufacturer, or bottler who 19
1100	1100	engages in those sales. 20
1101	1101	(5) "Case" means: 21
1102	1102	(i) Forty-eight (48) beverage containers sold or offered for sale within this state when each 22
1103	1103	beverage container has a liquid capacity of seven (7) fluid ounces or less; 23
1104	1104	(ii) Twenty-four (24) beverage containers sold or offered for sale within this state when 24
1105	1105	each beverage container has a liquid capacity in excess of seven (7) fluid ounces but less than or 25
1106	1106	equal to sixteen and nine tenths (16.9) fluid ounces; 26
1107	1107	(iii) Twelve (12) beverage containers sold or offered for sale within this state when each 27
1108	1108	beverage container has a liquid capacity in excess of sixteen and nine tenths (16.9) fluid ounces but 28
1109	1109	less than thirty-three and nine tenths (33.9) fluid ounces; and 29
1110	1110	(iv) Six (6) beverage containers sold or offered for sale within this state when each 30
1111	1111	beverage container has a liquid capacity of thirty-three and nine tenths (33.9) fluid ounces or more. 31
1112	1112	(6) "Consumer" means any person who purchases a beverage in a beverage container for 32
1113	1113	use or consumption with no intent to resell that filled beverage container. 33
1114	1114	(7) "Hard-to-dispose material" is as defined in § 37-15.1-3. 34
1115	1115
1116	1116
1117	1117	LC002552 - Page 31 of 33
1118	1118	(8) "Hard-to-dispose material retailer" means any person who engages in the retail sale of 1
1119	1119	hard-to-dispose material (as defined in § 37-15.1-3) in this state. 2
1120	1120	(9) "Hard-to-dispose material wholesaler" means any person, wherever located, who 3
1121	1121	engages in the sale of hard-to-dispose material (as defined in § 37-15.1-3) to customers for sale in 4
1122	1122	this state (including manufacturers, refiners, and distributors and retailers), and to other persons as 5
1123	1123	defined above. 6
1124	1124	(10) "New vehicle" means any mode of transportation for which a certificate of title is 7
1125	1125	required pursuant to title 31 and for which a certificate of title has not been previously issued in 8
1126	1126	this state or any other state or country. 9
1127	1127	(11) "Organic solvent" is as defined in § 37-15.1-3. 10
1128	1128	(12) "Person" means any natural person, corporation, partnership, joint venture, 11
1129	1129	association, proprietorship, firm, or other business entity. 12
1130	1130	(13) "Vending machine" means a self-contained automatic device that dispenses for sale 13
1131	1131	foods, beverages, or confection products. 14
1132	1132	44-44-4. Filing of returns and extensions of time for filing returns. 15
1133	1133	On or before the twenty-fifth day of the month next succeeding the month in which any 16
1134	1134	taxes imposed by this chapter are collected, the beverage wholesaler and/or hard-to-dispose 17
1135	1135	material wholesaler or hard-to-dispose material retailers or person liable for tax pursuant to § 44-18
1136	1136	44-3.7, shall pay the taxes to the tax administrator and at the same time shall file a return in a form 19
1137	1137	that the tax administrator may by regulation prescribe. The tax administrator may grant reasonable 20
1138	1138	extensions of time for filing returns under rules and regulations that he or she prescribes. If any 21
1139	1139	taxes are not paid to the tax administrator when due, or if any return is not filed when due, there 22
1140	1140	shall be added to the taxes and made a part of the taxes interest at the rate set forth in § 44-1-7 from 23
1141	1141	the date when the taxes became due until the date of payment. 24
1142	1142	44-44-17. Deficiency determination — Determination without return. 25
1143	1143	If any hard-to-dispose material wholesaler or hard-to-dispose material retailer or person or 26
1144	1144	beverage wholesaler fails to file a return or application or to keep records described in § 44-44-8, 27
1145	1145	or if the tax administrator is not satisfied with the amount of taxes or fees paid to the tax 28
1146	1146	administrator, the tax administrator may compute and determine the amount required by this 29
1147	1147	chapter to be paid to the tax administrator upon the basis of the facts contained in the returns or 30
1148	1148	applications that have been filed or upon the basis of any information in the tax administrator's 31
1149	1149	possession or that may come into the tax administrator's possession. 32
1150	1150	44-44-18. Notice of determination. 33
1151	1151	The tax administrator shall give written notice of the tax administrator's determination to 34
1152	1152
1153	1153
1154	1154	LC002552 - Page 32 of 33
1155	1155	the beverage wholesaler or hard-to-dispose material wholesaler or hard-to-dispose material retailer 1
1156	1156	or person. Except in the case of fraud or failure to make a return, or noncompliance with § 44-44-2
1157	1157	8, every notice of determination shall be mailed within three (3) years of the date the taxes first 3
1158	1158	became due. The amount of this determination shall bear interest at the rate prescribed in § 44-1-7 4
1159	1159	from the date when taxes should have been paid until the date of payment. 5
1160	1160	44-44-19. Payment of refunds. 6
1161	1161	Whenever the tax administrator shall determine that any beverage wholesaler or hard-to-7
1162	1162	dispose material wholesaler or hard-to-dispose material retailer or person is entitled to a refund of 8
1163	1163	any moneys paid under the provisions of this chapter, or whenever a court of competent jurisdiction 9
1164	1164	orders a refund of any moneys paid, the general treasurer shall, upon certification by the tax 10
1165	1165	administrator, pay the refund from any moneys in the litter control account or hard-to-dispose 11
1166	1166	material account other than those moneys already appropriated for the administration of the taxes 12
1167	1167	and programs entitled by this chapter and § 37-15-13; provided, that no refund shall be allowed 13
1168	1168	unless a claim for a refund is filed with the tax administrator within three (3) years from the date 14
1169	1169	the overpayment was made. Every claim for a refund shall be made in writing, shall be in a form, 15
1170	1170	and shall present only information that the tax administrator may, by regulation, require. Within 16
1171	1171	thirty (30) days after disallowing any claim in whole or in part the tax administrator shall give 17
1172	1172	written notice of the tax administrator's decision to the beverage wholesaler or hard-to-dispose 18
1173	1173	material wholesaler or hard-to-dispose material retailer or person. A refund of less than ten dollars 19
1174	1174	($10.00) will not be processed, but may be credited to the following month's return without interest. 20
1175	1175	SECTION 5. Sections 2, 3 and 4 of this act shall take effect upon the director of the 21
1176	1176	department of environmental management approving the final plan set forth in Section 1 of this act. 22
1177	1177	The remaining sections of this act shall take effect upon passage. 23
1178	1178	========
1179	1179	LC002552
1180	1180	========
1181	1181
1182	1182
1183	1183	LC002552 - Page 33 of 33
1184	1184	EXPLANATION
1185	1185	BY THE LEGISLATIVE COUNCIL
1186	1186	OF
1187	1187	A N A C T
1188	1188	RELATING TO HEALTH AND SAFETY -- EXTENDED PRODUCER RESPONSIBILITY
1189	1189	FOR PACKAGING AND PAPER ACT
1190	1190	***
1191	1191	This act would create the extended producer responsibility for packaging and paper 1
1192	1192	program for the recycling of packaging and paper products. 2
1193	1193	Sections 2, 3, and 4 of this act would take effect upon the director of the department of 3
1194	1194	environmental management approving the final plan set forth in Section 1 of this act. The remaining 4
1195	1195	sections of this act would take effect upon passage. 5
1196	1196	========
1197	1197	LC002552
1198	1198	========