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Rhode Island House Bill H6206

Rhode Island 2025 Regular Session

Rhode Island House Bill H6206 Compare Versions

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55 2025 -- H 6206
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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO HEALTH AND SAFETY -- BEVERAGE CONTAINERS RECYCLIN G ACT
1616 Introduced By: Representatives Spears, McEntee, Bennett, Carson, Boylan, McGaw,
1717 Cortvriend, Donovan, Handy, and Kazarian
1818 Date Introduced: April 09, 2025
1919 Referred To: House Environment and Natural Resources
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby 1
2424 amended by adding thereto the following chapter: 2
2525 CHAPTER 19.19 3
2626 BEVERAGE CONTAINER RECYCLING ACT 4
2727 23-19.19-1. Definitions. 5
2828 As used in this chapter, the following words and terms shall have the following meanings 6
2929 unless a different meaning is clearly indicated by the context: 7
3030 (1) "Applicable refund value" means the value established pursuant to the provisions of § 8
3131 23-19.19-13. 9
3232 (2) "Beverage" means a drinkable liquid intended for human oral consumption. Beverage 10
3333 does not include: 11
3434 (i) A drug regulated under the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Ch. 9, § 12
3535 301 et seq.; 13
3636 (ii) One hundred percent (100%) fluid milk; 14
3737 (iii) Infant formula; or 15
3838 (iv) A meal replacement liquid. 16
3939 (3) "Beverage container" means any prepackaged container designed to hold beverages, 17
4040 including the label, cap, and any other material attached to the container at the time of distribution. 18
4141 (4) "Beverage container collection mechanism" means any manual or technological means 19
4242
4343
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4545 by which empty covered beverage containers are properly identified as part of processing a 1
4646 consumer's refund. 2
4747 (5) "Brand" means a name, symbol, word, or mark that identifies a product and attributes 3
4848 the product and its components, including packaging, to the brand owner. 4
4949 (6) "Brand owner" means a person that owns or holds an exclusive license to a brand or 5
5050 that otherwise has rights to market a product under the brand, whether or not the brand's trademark 6
5151 is registered. 7
5252 (7) "Canner" means individuals who collect and redeem covered beverage containers for 8
5353 critical income. 9
5454 (8) "Centralized processing facilities" means a facility that sorts and then bales or 10
5555 aggregates covered beverage containers and associated materials for the purpose of recycling. 11
5656 (9) "Consumer" means an individual who purchases a beverage in the State of Rhode Island 12
5757 in a beverage container for consumption. 13
5858 (10)" Covered beverage container" means any beverage container subject to a recycling 14
5959 refund as defined in the recycling refund program plan. 15
6060 (11) "De minimis" means a person that in the most recent fiscal year earned global gross 16
6161 revenues, not including on-premises alcohol sales, for the prior fiscal year of: 17
6262 (i) Until January 1, 2030, less than two million dollars ($2,000,000); or 18
6363 (ii) Beginning January 1, 2030, less than two million dollars ($2,000,000), as adjusted for 19
6464 inflation by the department. 20
6565 (12) "Department" means the department of environmental management. 21
6666 (13) "Drop-off facilities" means a specific area where individuals may bring household 22
6767 recyclable materials to be sorted into material-specific receptacles and is located in the State of 23
6868 Rhode Island. 24
6969 (14) "Environmental impact" means the impact of a covered material on human health and 25
7070 the environment from extraction and processing of the raw materials composing the covered 26
7171 material through manufacturing, distribution, use, recovery for reuse or recycling, and final 27
7272 disposal. 28
7373 (15) "Environmental justice area" means a census block group with a low-income and/or 29
7474 minority population greater than twice the statewide average. 30
7575 (16) "Executive director" means the executive director of the recycling refund producer 31
7676 responsibility organization. 32
7777 (17) "Express redemption site" means a designated return point that allows consumers to 33
7878 return covered beverage containers. These locations shall not require cash handling on-site; rather, 34
7979
8080
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8282 upon return, if needed, beverage containers shall be transported to centralized processing facilities, 1
8383 and refunds shall be credited to the consumer's virtual account. This may include bag-drop systems, 2
8484 reverse vending machines, or other beverage container collection mechanisms to enhance 3
8585 convenience and accessibility for consumers. 4
8686 (18) "Fraudulent activity" means any of the following: 5
8787 (i) Redeeming a beverage container purchased outside the State of Rhode Island; 6
8888 (ii) Altering a beverage container not eligible for a refund in the State of Rhode Island 7
8989 recycling refund system to make it appear eligible for a refund; 8
9090 (iii) Altering a receipt to increase the payout beyond the amount from appropriately 9
9191 redeeming covered beverage containers; and 10
9292 (iv) Tampering with beverage container collection mechanisms to enable redemption of a 11
9393 beverage container or knowingly attempting to redeem a beverage container that: 12
9494 (A) Was not purchased in Rhode Island; 13
9595 (B) Is not in the Rhode Island recycling refund system; 14
9696 (C) Had no deposit paid on it in the State of Rhode Island; or 15
9797 (D) Has already been redeemed for a refund. 16
9898 (19) "Full-service redemption site" means a return point where individuals may return 17
9999 covered beverage containers to receive immediate refunds for their returns. 18
100100 (20) "Government entity" means any: 19
101101 (i) City, town, or other local government, including any municipal corporation, quasi-20
102102 municipal corporation, or special purpose district, or any office, department, division, bureau, 21
103103 board, commission, or agency thereof, or other local public agency; 22
104104 (ii) State office, department, division, bureau, board, commission, or other state agency; 23
105105 (iii) Federally recognized Indian tribe whose traditional lands and territories include parts 24
106106 of Rhode Island; or 25
107107 (iv) Federal office, department, division, bureau, board, commission, or other federal 26
108108 agency. 27
109109 (21) "Independent auditor" means an independent and actively licensed certified public 28
110110 accountant who is: 29
111111 (i) Retained by a producer responsibility organization; 30
112112 (ii) Not otherwise employed by or affiliated with a producer responsibility organization; 31
113113 and 32
114114 (iii) Qualified to conduct an audit under State of Rhode Island law. 33
115115 (22) "Labor organization" means any organization that exists and is constituted for the 34
116116
117117
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119119 purpose, in whole or in part, of collective bargaining, or of dealing with employers concerning 1
120120 grievances, terms or conditions of employment, or of other mutual aid or protection. 2
121121 (23) "Lobbying" means the practice of promoting, opposing, or in any manner influencing 3
122122 or attempting to influence the introduction, defeat, or enactment of legislation before any legislative 4
123123 body; opposing or in any manner influencing the executive approval, veto, or amendment of 5
124124 legislation; or the practice of promoting, opposing, or in any manner influencing or attempting to 6
125125 influence the enactment, promulgation, modification, or deletion of regulations before any 7
126126 regulatory body. The term does not include providing public testimony before a legislative body or 8
127127 regulatory body or any committee thereof. 9
128128 (24) "Material recovery facility" means a facility in the State of Rhode Island that collects, 10
129129 compacts, repackages, sorts, or processes for transport source separated material for the purpose of 11
130130 recycling. 12
131131 (25) "Municipality" means the individual cities and towns of the State of Rhode Island. 13
132132 (26) "Packaging manufacturer" means any person, firm, association, partnership, or 14
133133 corporation that produces packaging or a packaging component of covered beverage containers. 15
134134 (27) "Postconsumer recycled content" means the amount of postconsumer material used 16
135135 by a producer in the production of a covered materials type, divided by the total amount of that 17
136136 covered materials type used for products sold or distributed by the producer in that same calendar 18
137137 year. 19
138138 (28) "Producer" means the brand owner responsible for the brand visible on a covered 20
139139 beverage container and who is responsible for compliance with the requirements under this chapter 21
140140 for a covered beverage container that is sold or offered for sale, either physically or via e-commerce, 22
141141 in the State of Rhode Island. "Producer" does not include: 23
142142 (i) Government entities; or 24
143143 (ii) Registered 26 U.S.C. § 501(c)(3) charitable organizations and 26 U.S.C. § 501(c)(4) 25
144144 social welfare organizations. 26
145145 (29) "Recycling" means the series of activities by which material is collected, transported, 27
146146 sorted, and processed for use in industrial feedstocks in place of virgin materials to manufacture 28
147147 new products with minimal loss of material quality and quantity. "Recycling" does not include: 29
148148 (i) Landfill disposal; 30
149149 (ii) Use as alternative daily cover or any other beneficial use at a landfill; or 31
150150 (iii) Energy recovery, energy generation, or fuel production by any means including, but 32
151151 not limited to, combustion, incineration, pyrolysis, gasification, solvolysis, or waste-to-fuel. 33
152152 (30) "Recycling refund" means a covered beverage container redemption program that pays 34
153153
154154
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156156 a per-unit refund value to persons for covered beverage containers and collects and processes 1
157157 covered beverage containers as described in this chapter. 2
158158 (31) "Recycling refund advisory council" means the council established under the 3
159159 provisions of § 23-19.19-4. 4
160160 (32) "Recycling refund processing facility" means a location that is designated by the 5
161161 recycling refund producer responsibility organization to receive, sort, and prepare redeemed 6
162162 beverage containers for recycling or reuse. 7
163163 (33) "Recycling refund producer responsibility organization" means a nonprofit 8
164164 corporation that is tax exempt under 26 U.S.C. § 501(c)(3) of the federal Internal Revenue Code 9
165165 created by a group of recycling refund covered beverage containers producers to implement 10
166166 activities under the provisions of this chapter. 11
167167 (34) "Recycling refund program plan" means a program plan developed by the recycling 12
168168 refund producer responsibility organization that is prepared and submitted to the department for 13
169169 review and approval. 14
170170 (35) "Redemption rate" means the number of covered beverage containers redeemed for 15
171171 the recycling refund divided by the number of covered beverage containers sold in the State of 16
172172 Rhode Island in a calendar year. Covered beverage containers transferred by material recovery 17
173173 facilities to additional materials processing or end markets are not included in the redemption rate. 18
174174 (36) "Redemption site" means a public or private place that provides via any beverage 19
175175 container collection mechanism the ability to redeem a covered beverage container for which a 20
176176 deposit was paid. 21
177177 (37) "Responsible market" means a materials market that: 22
178178 (i) First produces and sells, transfers, or uses recycled organic product or recycled content 23
179179 feedstock that meets the quality standards necessary to be used in the creation of new or 24
180180 reconstituted products in a manner that protects the environment and minimizes risks to public 25
181181 health and worker health and safety; 26
182182 (ii) Complies with all applicable statutes, rules, ordinances, and other laws governing 27
183183 environmental, health, safety, and financial responsibility from any government entity; 28
184184 (iii) Possesses all requisite licenses and permits required by a federal or state agency or 29
185185 political subdivision; 30
186186 (iv) If the market operates in the State of Rhode Island, manages waste according to the 31
187187 waste management goal and priority order of waste management practices stated in statute; and 32
188188 (v) Minimizes adverse impacts to environmental justice areas. 33
189189 (38) "Retail establishment" means any person, corporation, partnership, business, facility, 34
190190
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193193 vendor, organization, or individual that sells or provides merchandise, goods, or materials directly 1
194194 to a consumer that engages in the sale of beverages that are covered beverage containers intended 2
195195 for consumption off-site. 3
196196 (39) "Reusable" means capable of reuse. 4
197197 (40) "Reuse" means the redemption and return of a covered beverage container to the 5
198198 marketplace and the continued use of the covered material by a producer or service provider when 6
199199 the covered material is: 7
200200 (i) Intentionally designed and marketed to be used multiple times for its original intended 8
201201 purpose without a change in form; 9
202202 (ii) Designed for durability and maintenance to extend its useful life and reduce demand 10
203203 for new production of the covered material; 11
204204 (iii) Supported by adequate logistics and infrastructure at a retail location, by a service 12
205205 provider, or on behalf of or by a producer, that provides convenient access for consumers; and 13
206206 (iv) Compliant with all applicable statutes, rules, ordinances, and other laws governing 14
207207 health and safety from any government entity. 15
208208 (41) "Reuse rate" means the share of units of a reusable covered beverage container 16
209209 introduced into the State of Rhode Island in a calendar year that are demonstrated and deemed 17
210210 reusable in accordance with an approved plan. 18
211211 (42) "Service provider" means an entity that provides covered services for covered 19
212212 materials. A political subdivision that provides or that contracts or otherwise arranges with another 20
213213 party to provide covered services for covered materials within its jurisdiction may be a service 21
214214 provider regardless of whether it provided, contracted for, or otherwise arranged for similar services 22
215215 before the approval of the applicable producer responsibility plan. 23
216216 (43) "Third-party certification" means certification by an accredited independent 24
217217 organization that a standard or process required by this chapter or a recycling refund program plan 25
218218 approved under this chapter has been achieved. 26
219219 (44) "Unredeemed deposit" means a deposit paid by a consumer to a retailer upon purchase 27
220220 of a covered beverage container for which no person claimed the deposit by returning the beverage 28
221221 container to a redemption site. 29
222222 23-19.19-2. Registration of producer responsibility organization. 30
223223 (a) Appointment of recycling refund producer responsibility organization. By January 1, 31
224224 2026, the department shall accept applications from recycling refund producer responsibility 32
225225 organizations to represent producers in fulfilling the requirements of the provisions of this chapter. 33
226226 By April 1, 2026, the department may approve, for a period not to exceed ten (10) years, a single 34
227227
228228
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230230 recycling refund producer responsibility organization if the recycling refund producer 1
231231 responsibility organization demonstrates that it: 2
232232 (1) Is an independent nonprofit organization that qualifies for tax exemption under 26 3
233233 U.S.C. § 501(c)(3) of the federal Internal Revenue Code; 4
234234 (2) Has the ability to administer the requirements of a recycling refund program plan under 5
235235 the provisions of this chapter; 6
236236 (3) Has a governing board consisting of producers that represent the diversity of beverage 7
237237 containers in the market; 8
238238 (4) Has adequate financial responsibility and financial controls to ensure proper 9
239239 management of funds and payment of the registration fee required under the provisions of this 10
240240 chapter; and 11
241241 (5) Meets any other reasonable requirements set by the department. 12
242242 (b) Registration fee. 13
243243 (1) By November 1, 2026, the recycling refund producer responsibility organization shall 14
244244 submit a one-time payment to the department, in lieu of a registration fee, in an amount determined 15
245245 by the department, to cover the previously incurred costs and future estimated costs of the 16
246246 department under this chapter from the effective date of this chapter through paying the annual 17
247247 registration fee required in subsection (b)(2) of this section. By August 1, 2026, the department 18
248248 shall provide written notice to appointed packaging producer responsibility organization in writing 19
249249 of the amount of the registration fee. 20
250250 (2) On July 1, 2027, and on each July 1 thereafter, the recycling refund producer 21
251251 responsibility organization shall submit to the department a registration fee, as determined by the 22
252252 department. By May 1, 2027, and on each May 1 thereafter, the department shall provide written 23
253253 notice to the registered recycling refund producer responsibility organization in writing of the 24
254254 amount of the registration fee. The registration fee shall not exceed the department's estimate of the 25
255255 costs required to: 26
256256 (i) Administer, implement, and enforce the provisions of this chapter, including staff costs; 27
257257 (ii) Rulemaking to implement the provisions of this chapter, if applicable; and 28
258258 (iii) Provide reimbursement for staffing for the advisory council. 29
259259 (c) The department shall annually reconcile the fees paid by a recycling refund producer 30
260260 responsibility organization under subsection (b) of this section with the actual costs incurred by the 31
261261 department by means of credits or refunds to or additional payments required of a producer 32
262262 responsibility organization, as applicable. 33
263263 (d) Disposition of fees. All fees received under this section shall be deposited with the 34
264264
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267267 general treasurer and credited to the recycling refund program account under the provisions of § 1
268268 23-19.19-22. 2
269269 (e) Approval revocation. The department may revoke the approval of the recycling refund 3
270270 producer responsibility organization if the department determines that the recycling refund 4
271271 producer responsibility organization: 5
272272 (1) Failed to meet the redemption rate targets four (4) years in a row; and 6
273273 (2) Has not made reasonable progress over this four (4) year period toward compliance. 7
274274 (f) If the department exercises its authority under subsections (e) of this section, then the 8
275275 department shall set dates to restart the appointment process and the previously approved recycling 9
276276 refund producer responsibility organization shall continue operating until the department appoints 10
277277 a new recycling refund producer responsibility organization. 11
278278 23-19.19-3. Recycling refund producer responsibility organization duties. 12
279279 Recycling refund producer responsibility organization shall: 13
280280 (1) Register with the department and pay the department fees, as required under the 14
281281 provisions of § 23-19.19-2; 15
282282 (2) Submit a recycling refund producer plan to the department, as required under the 16
283283 provisions of this chapter; 17
284284 (3) Implement recycling refund producer plans approved by the department under the 18
285285 provisions of this chapter; 19
286286 (4) Establish by September 1, 2026, an initial producer fee structure to fund the initial 20
287287 implementation of the program, to be used until the recycling refund producer responsibility 21
288288 organization has an approved program plan as required under the provisions of this chapter; 22
289289 (5) Collect fees annually from registered producers; 23
290290 (6) Submit the reports required under the provisions of this chapter; 24
291291 (7) Ensure that producers operating under a recycling refund program plan administered 25
292292 by the recycling refund producer responsibility organization comply with the requirements of the 26
293293 recycling refund program plan and with the provisions of this chapter; 27
294294 (8) Expel a producer from the recycling refund producer responsibility organization if 28
295295 efforts to return the producer to compliance with the plan or with the requirements of this chapter 29
296296 are unsuccessful; 30
297297 (9) Notify the department when a producer has been expelled; 31
298298 (10) Consider and respond in writing within ninety (90) days to comments received from 32
299299 the advisory council, including justifications for not incorporating board recommendations; 33
300300 (11) Maintain a website with the information required under the provisions of § 23-19.19-34
301301
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304304 12; 1
305305 (12) Notify the department within thirty (30) days of a change made to the contact 2
306306 information for a person responsible for implementing the recycling refund producer responsibility 3
307307 plan, to board membership, or to the executive director; 4
308308 (13) Contract directly with service providers and provide payments in a timely manner; 5
309309 and 6
310310 (14) Comply with all other applicable requirements of the provisions of this chapter. 7
311311 23-19.19-4. Advisory council. 8
312312 (a) Establishment. The recycling refund advisory council is established to review all 9
313313 activities conducted by recycling refund producer responsibility organizations under this chapter 10
314314 and to advise the department and recycling refund producer responsibility organizations regarding 11
315315 the implementation of the provisions of this chapter. 12
316316 (b) Duties. The recycling refund advisory council shall: 13
317317 (1) Convene its initial meeting by June 1, 2026; 14
318318 (2) Establish a date and a process by which it will accept public comments; 15
319319 (3) Review the recycling refund program plan and provide comments to the recycling 16
320320 refund producer responsibility organization, prior to the draft being issued as an official draft for 17
321321 public comment, to ensure the recycling refund program plan: 18
322322 (i) Aligns with best practices; 19
323323 (ii) Reflects the reality in the State of Rhode Island; and 20
324324 (iii) Considers the needs of the State of Rhode Island; 21
325325 (4) Review program reports and audits and raise issues for recycling refund producer 22
326326 responsibility organization follow-up or department enforcement action; 23
327327 (5) Review annual reports and provide comments to the department; and 24
328328 (6) Ensure that the recycling refund producer responsibility organization and department 25
329329 are considering a broad range of perspectives in developing recycling refund program plans and in 26
330330 implementing programs. 27
331331 (c) Membership. By March 1, 2026, the department shall establish and appoint the initial 28
332332 membership of the recycling refund advisory council. The membership of the recycling refund 29
333333 advisory council shall consist of representatives of the following: 30
334334 (1) Two (2) members representing a non-federal or non-state government entity; 31
335335 (2) One member representing a retailer, with a preference for a retailer that hosts beverage 32
336336 container collection mechanisms; 33
337337 (3) One member representing a packaging manufacturer that is not a producer; 34
338338
339339
340340 LC002621 - Page 10 of 27
341341 (4) One member representing the Rhode Island resource recovery corporation or a 1
342342 recycling processor; 2
343343 (5) One member representing an environmental nonprofit organization; 3
344344 (6) One member representing an environmental justice organization; 4
345345 (7) One member who is a canner or represents a canner organization; 5
346346 (8) One member representing a labor organization; and 6
347347 (9) Two (2) members representing other interested parties or additional members of 7
348348 interests as determined by the department. 8
349349 (d) In making these appointments, the department: 9
350350 (1) Shall not appoint members who are State of Rhode Island legislators; 10
351351 (2) Shall not appoint members who are employees of a producer required to be members 11
352352 of a producer responsibility organization in the State of Rhode Island under the provisions of this 12
353353 chapter; and 13
354354 (3) Shall endeavor to appoint members from all regions of the State of Rhode Island. 14
355355 (e) Chairperson. A chair is elected by majority vote of present members at the first meeting 15
356356 of each year at which quorum is reached. 16
357357 (f) Terms - Removal. Members serve for a term of four (4) years, except that the initial 17
358358 term for a majority of the initial appointees shall be two (2) years so that membership terms are 18
359359 staggered. Members may be reappointed but shall not serve more than eight (8) consecutive years. 19
360360 A member may be removed by the department for good cause. 20
361361 (g) Quorum. A quorum is reached when a majority of advisory council member seats are 21
362362 filled; and a majority of the non-vacant advisory council member seats is present. 22
363363 (h) Voting. Action by the advisory council requires a quorum and a majority of those 23
364364 present and voting. All members of the advisory council are voting members of the board. 24
365365 (i) Meetings. Each advisory council shall meet at least two (2) times per year and may meet 25
366366 more frequently upon ten (10) days' written notice at the request of the chair or a majority of its 26
367367 members. 27
368368 (j) Department role. The department shall provide administrative and operating support to 28
369369 each advisory council, and the department may contract with a third-party facilitator to assist in 29
370370 administering the activities of each advisory council, including establishing a website or landing 30
371371 page on the department website. The department shall assist the advisory council in developing 31
372372 policies and procedures governing the disclosure of perceived conflict of interest. 32
373373 23-19.19-5. Producer responsibilities. 33
374374 (a) Duties. After July 1, 2026, a producer shall be a member of a recycling refund producer 34
375375
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378378 responsibility organization registered in the State of Rhode Island. 1
379379 (b) A producer shall: 2
380380 (1) Register with the recycling refund producer responsibility organization; 3
381381 (2) Implement the requirements of the recycling refund producer responsibility plan under 4
382382 which the producer operates; 5
383383 (3) Pay producer fees under the provisions of § 23-19.19-11; 6
384384 (4) Provide necessary information for covered beverage containers to the recycling refund 7
385385 producer responsibility organization at a frequency to be determined by the recycling refund 8
386386 producer responsibility organization; 9
387387 (5) Register with the recycling refund producer responsibility organization the barcode and 10
388388 universal product code ("UPC") of all covered beverage containers introduced into the State of 11
389389 Rhode Island; and 12
390390 (6) Comply with all other applicable requirements of this chapter. 13
391391 23-19.19-6. Sales restrictions. 14
392392 Beverage container sales and distribution restrictions. After July 1, 2029, a person shall not 15
393393 sell or distribute in or into the State of Rhode Island a covered beverage container of a producer 16
394394 that is not participating in the recycling refund producer responsibility organization or that is not in 17
395395 compliance with the requirements of this chapter or rules adopted under this chapter. 18
396396 23-19.19-7. Service providers. 19
397397 (a) Contracting requirements. A recycling refund producer responsibility organization shall 20
398398 require in any contract with a service provider that the service provider: 21
399399 (1) Meets performance standards established in an approved producer responsibility plan 22
400400 under the provisions of this chapter; 23
401401 (2) Ensures that covered materials are sent to responsible markets; and 24
402402 (3) Provides documentation to the recycling refund producer responsibility organization on 25
403403 the amounts, covered materials types, and volumes of covered materials by covered service method. 26
404404 (b) Bidding processes and ownership ability: 27
405405 (1) For infrastructure investments included in an approved producer responsibility plan, a 28
406406 recycling refund producer responsibility organization shall use the competitive bidding processes 29
407407 and publicly post bid opportunities, except that preference shall be given to existing facilities, 30
408408 providers of services, and holders of service accounts in the State of Rhode Island for collection 31
409409 and recycling of covered beverage containers; 32
410410 (2) No recycling refund producer responsibility organization shall own or partially own 33
411411 infrastructure that is used to fulfill obligations under the provisions of this chapter, except in the 34
412412
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414414 LC002621 - Page 12 of 27
415415 following circumstances: 1
416416 (i) A producer may hold an ownership stake in infrastructure used to fulfill obligations 2
417417 under this chapter so long as the stake was held before enactment of this chapter and the ownership 3
418418 stake is fully disclosed by the producer to the producer responsibility organization; or 4
419419 (ii) After a bidding process described in this section under which no service provider bids 5
420420 on the contract, the recycling refund producer responsibility organization may make infrastructure 6
421421 investments identified under an approved recycling refund program plan to implement the 7
422422 requirements in this chapter. 8
423423 (c) Dispute resolution. A recycling refund producer responsibility organization shall 9
424424 establish a dispute resolution process utilizing third-party mediators for disputes related to 10
425425 payments. 11
426426 23-19.19-8. Department responsibilities. 12
427427 (a) Department responsibilities. The department shall: 13
428428 (1) Appoint the initial membership of the advisory council, as required under the provisions 14
429429 of § 23-19.19-4; 15
430430 (2) Provide administrative and operating support to the advisory council; 16
431431 (3) Review and determine whether to approve recycling refund program plans and 17
432432 amendments to recycling refund program plans according to the provisions of this chapter; 18
433433 (4) Post on the department's website: 19
434434 (i) The most recent registration materials submitted by the producer responsibility 20
435435 organizations; 21
436436 (ii) Any packaging plan or amendment submitted by a recycling refund producer 22
437437 responsibility organization that is in draft form during the public comment period; 23
438438 (iii) Comments of the public, advisory council, and recycling refund producer 24
439439 responsibility organization on program plans and needs assessments, and, if any, the responses of 25
440440 the department to those comments; and 26
441441 (iv) Links to adopted rules implementing this chapter; 27
442442 (5) Review the selection of independent auditors to perform an annual financial audit of 28
443443 the recycling refund producer responsibility organization; and 29
444444 (6) Conduct enforcement actions as permitted under the provisions of this chapter. 30
445445 (b) The department may alter the performance targets in § 23-19.19-10 and reporting 31
446446 requirements of the provisions of this chapter to accommodate a recycling refund producer 32
447447 responsibility organization that is operating regionally with the state and one or more neighboring 33
448448 states. 34
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452452 23-19.19-9. Recycling refund program plan. 1
453453 (a) Recycling refund program plan submission and implementation. 2
454454 (1) By September 1, 2027, and every five (5) years thereafter, a recycling refund producer 3
455455 responsibility organization shall submit a recycling refund program plan to the department that 4
456456 describes the proposed operation by the organization of the program to fulfill the requirements of 5
457457 this chapter. Once approved, a recycling refund program plan remains in effect for five (5) years, 6
458458 as amended, or until a subsequent recycling refund program plan is approved. 7
459459 (2) By July 1, 2028, or within six (6) months of plan approval, whichever is later, 8
460460 implement the plan approved by the department; subsequent recycling refund program plans shall 9
461461 be implemented within six (6) months of approval by the department. 10
462462 (b) Advisory council review of draft plan and amendments. A recycling refund producer 11
463463 responsibility organization shall submit a draft recycling refund producer program plan or draft 12
464464 amendment to the recycling refund advisory council prior to submitting the draft plan or draft 13
465465 amendment to the department and shall, prior to submission of the draft plan or draft amendment 14
466466 to the department, respond to recycling refund advisory council comments and recommendations 15
467467 received within sixty (60) days of providing the draft program plan or draft amendment to the 16
468468 recycling refund advisory council and indicate whether those comments or recommendations were 17
469469 accepted or rejected. 18
470470 (c) The recycling refund program plan shall contain the following: 19
471471 (1) A list of the types of covered beverage containers that shall be included in the recycling 20
472472 refund program, which at a minimum shall include all beverage containers that are: 21
473473 (i) Glass bottles, rigid plastic bottles, or metal cans; and 22
474474 (ii) Have a capacity between forty milliliters (40 ml) and one gallon; 23
475475 (2) Proposed reuse rate performance targets with deadlines; 24
476476 (3) How the recycling refund producer responsibility organization shall meet performance 25
477477 targets for redemption rates as described in the provisions of this chapter and the proposed reuse 26
478478 rate performance targets; 27
479479 (4) How the performance targets shall be measured; 28
480480 (5) How the recycling refund producer responsibility organization shall encourage 29
481481 improvements in the design of beverage containers for recyclability; 30
482482 (6) The proposed convenience standard pursuant to the provisions of this chapter; 31
483483 (7) How the proposed network of redemption sites satisfies the convenience standards set 32
484484 pursuant to § 23-19.19-14 and other provisions of this chapter and addresses the evaluation criteria 33
485485 established in this chapter, and provides sufficient opportunity for consumers of limited economic 34
486486
487487
488488 LC002621 - Page 14 of 27
489489 means to get their applicable refund value pursuant to § 23-19.19-13 immediately upon redemption; 1
490490 (8) How deposits collected from consumers shall be remitted to the recycling refund 2
491491 producer responsibility organization; 3
492492 (9) What incentives the recycling refund producer responsibility organization shall provide 4
493493 to retail establishments so that they choose to host covered beverage container collection 5
494494 mechanisms; 6
495495 (10) How the program shall conduct outreach and provide convenient redemption: 7
496496 (i) Throughout the State of Rhode Island; 8
497497 (ii) In rural, urban, and environmental justice areas; and 9
498498 (iii) To those that redeem relatively large amounts of covered beverage containers; 10
499499 (11) How beverage containers shall be marked or consumers otherwise made aware of the 11
500500 beverage containers eligible for the applicable refund value; 12
501501 (12) A description of how the recycling refund producer responsibility organization shall 13
502502 educate the public on the recycling refund program and the availability of redemption sites, 14
503503 including culturally responsive materials and methods to evaluate the efficacy of these efforts; 15
504504 (13) A description of the producer fee structure established pursuant to the provisions of § 16
505505 23-19.19-11 and how those fees shall be used to support the proposed network of redemption sites 17
506506 and other costs of administrating the recycling refund producer responsibility organization and the 18
507507 recycling refund program plan; 19
508508 (14) An explanation of how the recycling refund producer responsibility organization shall 20
509509 coordinate with the Rhode Island resource recovery corporation on implementation; and 21
510510 (15) Any other reasonable information requested by the department. 22
511511 (d) Review and approval procedure: 23
512512 (1) The department shall review and approve, deny, or request additional information for 24
513513 draft recycling refund program plans and draft plan amendments no later than one hundred twenty 25
514514 (120) days after the date the department receives it from a recycling refund producer responsibility 26
515515 organization or recycling refund producer responsibility organization. The department shall post a 27
516516 draft plan or draft amendment on the department's website and allow public comment for no less 28
517517 than forty-five (45) days before approving, denying, or requesting additional information on a draft 29
518518 plan or draft amendment; 30
519519 (2) In reviewing the draft plan, the department shall consider, among other factors, the 31
520520 following: 32
521521 (i) Feasibility; 33
522522 (ii) Advisory council feedback; 34
523523
524524
525525 LC002621 - Page 15 of 27
526526 (iii) Cost; 1
527527 (iv) Goals and plans in the Rhode Island solid waste management plan; 2
528528 (v) Increasing reuse; 3
529529 (vi) Adequacy of consumer-facing communications, including so consumers know which 4
530530 beverage containers are in the recycling refund system and their refund value; and 5
531531 (vi) Reducing unnecessary use of materials; 6
532532 (3) If the department denies or requests additional information for a draft plan or draft 7
533533 amendment, the department shall provide the recycling refund producer organization with the 8
534534 reasons, in writing, that the plan or plan amendment does not meet the plan requirements in the 9
535535 provisions of this chapter. The recycling refund producer organization has sixty (60) days from the 10
536536 date that the rejection or request for additional information is received to submit to the department 11
537537 any revisions or additional information necessary for the approval of the draft plan or draft 12
538538 amendment. The department shall review and approve or disapprove the draft plan or draft 13
539539 amendment no later than sixty (60) days after the date the department receives the revisions or 14
540540 additional information; 15
541541 (4) A recycling refund producer organization may resubmit a draft plan or draft amendment 16
542542 to the department on not more than two (2) occasions. If after the second resubmission, the 17
543543 department determines that the draft plan or draft amendment does not meet the plan requirements 18
544544 of this chapter, the department shall modify the draft plan or draft amendment as necessary for it 19
545545 to meet the requirements of this chapter and approve it. 20
546546 23-19.19-10. Performance targets. 21
547547 (a) Redemption rate performance targets. The recycling refund producer responsibility 22
548548 organization shall achieve the following performance targets: 23
549549 (1) Starting with calendar year 2031, and each year thereafter, the annual redemption rate 24
550550 aggregated for all covered beverage containers shall be greater than sixty-five percent (65%). 25
551551 (2) Starting with calendar year 2034, and each year thereafter, the annual redemption rate 26
552552 aggregated for all covered beverage containers shall be greater than eighty-five percent (85%). 27
553553 (b) Reuse rate performance targets. 28
554554 (1) The recycling refund producer responsibility organization shall achieve the reuse rate 29
555555 performance target in the approved recycling refund program plan. 30
556556 (2) The reuse rate performance targets in the program plan shall increase with each 31
557557 subsequent program plan. 32
558558 23-19.19-11. Producer fees. 33
559559 (a) Recycling refund producer responsibility organization annual fee. Costs to pay the 34
560560
561561
562562 LC002621 - Page 16 of 27
563563 registration fee required by this chapter and to meet the performance targets in § 23-19.19-13 and 1
564564 other provisions of this chapter and the convenience standards in § 23-19.19-14 and other 2
565565 provisions of this chapter that exceed the amount retained through scrap value and unclaimed 3
566566 deposits are to be paid by producers as a material-specific fee that is: 4
567567 (1) Based on the cost to manage the material minus its scrap value, among other factors; 5
568568 (2) Modulated based on factors to reduce environmental impact, which may include: 6
569569 (i) Use of domestically sourced, verified postconsumer recycled content; 7
570570 (ii) Compliance with industry-accepted design for recyclability standards; 8
571571 (iii) Use of labeling to encourage appropriate recycling behaviors; and 9
572572 (iv) Use of design factors that inhibit recyclability. 10
573573 (b) The recycling refund producer responsibility organization shall offer a flat fee structure 11
574574 for de minimis beverage producers. 12
575575 (c) Overcollections. Revenue collected under this section that exceeds the amount needed 13
576576 to pay the costs described in subsection (a) of this section, shall be used to improve or enhance 14
577577 program outcomes. 15
578578 (d) Prohibited conduct. Fees collected under this section shall not be used for lobbying. 16
579579 23-19.19-12. Website requirements. 17
580580 (a) A recycling refund producer responsibility organization shall maintain a website that 18
581581 uses best practices for accessibility. 19
582582 (b) The recycling refund producer responsibility organization website shall contain, at a 20
583583 minimum: 21
584584 (1) Information regarding a process that members of the public may use to contact the 22
585585 recycling refund producer responsibility organization with questions; 23
586586 (2) The draft and approved producer responsibility plans and any draft and approved 24
587587 amendments; 25
588588 (3) Annual reports submitted to the department; 26
589589 (4) A link to related administrative rules implementing this chapter; 27
590590 (5) The names of producers that are not in compliance with this chapter; 28
591591 (6) A list, updated at least monthly, of all member producers operating under the recycling 29
592592 refund producer responsibility plan; 30
593593 (7) The list of covered beverage containers that are redeemable for the applicable refund 31
594594 value under the provisions of § 23-19.19-13 and other provisions of this chapter; 32
595595 (8) Education materials on how to redeem covered beverage containers and the importance 33
596596 of recycling covered beverage containers; and 34
597597
598598
599599 LC002621 - Page 17 of 27
600600 (9) A list and map of all redemption sites currently accepting covered beverage containers 1
601601 for a refund, including the hours each redemption site accepts covered beverage containers. 2
602602 23-19.19-13. Applicable refund value. 3
603603 (a) Applicable refund value. Every covered beverage container sold or offered for sale in 4
604604 the State of Rhode Island shall have a refund value of ten cents ($.10) beginning July 1, 2029. 5
605605 (b) If a redemption rate performance target was not met in each of the two (2) previous 6
606606 calendar years, the department may adopt rules providing a higher refund value than the refund 7
607607 value provided under subsection (a) of this section, so long as the modified refund value is not 8
608608 based on the type of beverage container, but no more than: 9
609609 (1) Once during any ten (10)-year period in consultation with the recycling refund producer 10
610610 responsibility organization; and 11
611611 (2) Once during any five (5)-year period if there is a request from the recycling refund 12
612612 producer responsibility organization for a change in the refund amount. 13
613613 (c) For covered beverage containers sold at retail, the retail establishment shall collect the 14
614614 refund value and remit it to the recycling refund producer responsibility organization. 15
615615 (d) The charge for the refund value of covered beverage containers shall be separately 16
616616 stated on a receipt, invoice, or similar billing document provided to the consumer. 17
617617 (e) Nonredeemable materials. 18
618618 (1) Excluding the material recovery facility and drop-off facility payments in this section, 19
619619 the recycling refund producer responsibility organization shall not be required to pay refunds on: 20
620620 (i) A beverage container visibly containing or contaminated by a substance other than 21
621621 water, residue of the original contents, or ordinary dust; 22
622622 (ii) A beverage container that is broken or damaged to the extent that the brand appearing 23
623623 on the container cannot be identified; 24
624624 (iii) A beverage container that the recycling refund producer responsibility organization 25
625625 has reasonable grounds to believe was bought in another state; or 26
626626 (iv) A beverage container for which the recycling refund producer responsibility 27
627627 organization has reasonable grounds to believe a refund has already been provided. 28
628628 23-19.19-14. Convenience standard for redemption of beverage containers. 29
629629 (a) Criteria for establishing a convenience standard. The recycling refund producer 30
630630 responsibility organization shall propose a quantitative convenience standard for redemption of 31
631631 containers in the recycling refund program plan that is based on the following: 32
632632 (1) Ensure all consumers who pay a deposit have reasonably convenient opportunities to 33
633633 redeem; 34
634634
635635
636636 LC002621 - Page 18 of 27
637637 (2) Ensure consumers who require refunds immediately have sufficient opportunity to 1
638638 receive refunds immediately; 2
639639 (3) Provide appropriately convenient and equitable access in urban, suburban, and rural 3
640640 areas; and 4
641641 (4) Accounts for total population, population density, sales of covered beverage containers 5
642642 in regions of the State of Rhode Island, and proximity to centers of beverage sales business activity. 6
643643 (b) Department evaluation of convenience standard and redemption system. The 7
644644 department shall evaluate the proposed convenience standard based on the following criteria: 8
645645 (1) Proximity to businesses that sell a high volume of covered beverages containers; 9
646646 (2) Additional vehicle miles traveled; 10
647647 (3) Car and public transportation access; 11
648648 (4) Population density; 12
649649 (5) Environmental justice areas; 13
650650 (6) Average family income; and 14
651651 (7) Needs of people collecting large amounts of covered beverage containers for primary 15
652652 or important supplemental income. 16
653653 (c) At least once per year, the department may audit the redemption system to determine 17
654654 whether the recycling refund producer responsibility organization is meeting the convenience 18
655655 standard in an approved recycling refund program plan and the redemption system requirements in 19
656656 the provisions of this chapter, and the department shall conduct such an audit at least every five (5) 20
657657 years. 21
658658 (d) Failure to meet convenience standards. In the event that the recycling refund producer 22
659659 responsibility organization does not meet the convenience standards in an approved program plan 23
660660 for two (2) calendar years in a row, the department may initiate rulemaking to support the recycling 24
661661 refund producer responsibility organization's program plan amendment to achieve the convenience 25
662662 standards in the provisions of this chapter. 26
663663 23-19.19-15. Redemption system. 27
664664 (a) Network for collecting qualifying covered beverage containers. The recycling refund 28
665665 producer responsibility organization shall, at its own cost, install, operate, and maintain a network 29
666666 of covered beverage container collection mechanisms for consumers to redeem covered beverage 30
667667 containers for the applicable refund value per the provisions of § 23-19.19-13 that satisfies: 31
668668 (1) The convenience standard in the provisions of § 23-19.19-14; and 32
669669 (2) The redemption rate performance targets in the provisions of § 23-19.19-10. 33
670670 (b) The network of covered beverage container collection mechanisms shall include a mix 34
671671
672672
673673 LC002621 - Page 19 of 27
674674 of ways for consumers to redeem covered beverage containers including express redemption sites 1
675675 and full-service redemption sites at locations convenient to consumers such as nearby or in the 2
676676 parking lots of retailers that sell covered beverage containers, nonprofit organization facilities, and 3
677677 government sites. 4
678678 (c) At a minimum, the network for collecting covered beverage containers shall: 5
679679 (1) In each municipality with a population density less than one thousand (1,000) residents 6
680680 per square mile, have: 7
681681 (i) At least one redemption site in the municipality; or 8
682682 (ii) At least one redemption site within one mile of a retail establishment greater than ten 9
683683 thousand square feet (10,000 ft
684684 2
685685 ) that is within three (3) miles of the municipality's border. 10
686686 (2) In each municipality with a population density more than one thousand (1,000) 11
687687 residents per square mile, have at least two (2) redemption sites; 12
688688 (3) In each municipality with greater than twenty-five thousand (25,000) residents but 13
689689 fewer than seventy-five thousand (75,000) residents, have at least one redemption site; and 14
690690 (4) In each municipality with greater than seventy-five thousand (75,000) residents, at least 15
691691 one redemption site in each zip code tabulation area. 16
692692 (d) The recycling refund producer responsibility organization may establish and dissolve 17
693693 partnerships with any organization or individual to enhance redemption network operations and 18
694694 better serve consumers. 19
695695 (e) Redemption site requirements. All redemption sites in the recycling refund producer 20
696696 responsibility organization's redemption network shall: 21
697697 (1) Be clean, safe, and well-lighted; 22
698698 (2) Be accessible to persons with disabilities, including those related to mobility, hearing, 23
699699 and sight; 24
700700 (3) Be readily identifiable and clearly marked as being part of the recycling refund system; 25
701701 (4) Appear on the recycling refund producer responsibility organization's website as 26
702702 required in § 23-19.19-12 and other provisions of this chapter; 27
703703 (5) Accept for redemption all covered beverage containers; 28
704704 (6) Handle reusable containers in a manner that allows for their reuse; 29
705705 (7) Accept covered beverage containers for redemption for at least eight (8) hours on all 30
706706 weekdays and one weekend day, except on federal holidays; 31
707707 (8) Post the hours of operation at a place that is clearly visible from outside; and 32
708708 (9) Provide year-round access during open hours free of charge. 33
709709 (f) The department may approve a limited number of redemption sites to not comply with 34
710710
711711
712712 LC002621 - Page 20 of 27
713713 all the requirements of this section to reduce costs or expand the number of redemption sites. 1
714714 (g) Compensation and incentives for hosting redemption. The recycling refund producer 2
715715 responsibility organization shall fairly compensate all locations hosting redemption sites for the 3
716716 space occupied by the covered beverage container collection mechanisms. 4
717717 (h) Retailer optionality. A retail establishment has no obligation under this chapter to host 5
718718 a covered beverage container collection mechanism. A retail establishment that chooses to host a 6
719719 redemption site is eligible to have a self-serve kiosk, located at the retail establishment at no charge 7
720720 by the recycling refund producer responsibility organization, to facilitate the printing of redemption 8
721721 vouchers, and pay the value of redemption vouchers to consumers that may be used on the premises. 9
722722 The recycling refund producer responsibility organization shall reimburse retailers for the value of 10
723723 valid vouchers redeemed by customers. 11
724724 (i) Standard bags for bag drop. A retail establishment larger than twenty thousand square 12
725725 feet (20,000 ft
726726 2
727727 ) shall sell bags for the redemption program at the price established by the recycling 13
728728 refund producer responsibility organization. If the standard bags for the bag-drop program are made 14
729729 of plastic film, the recycling refund producer organization shall: 15
730730 (1) Ensure that the bags have a minimum of fifty percent (50%) postconsumer recycled 16
731731 content; 17
732732 (2) Demonstrate, upon request of the department, that the waste film from the bags is being 18
733733 recycled at responsible end markets; and 19
734734 (3) Include instructions on the bag how the bag should be utilized and recycled through a 20
735735 drop-off program. 21
736736 (j) The recycling refund producer organization shall credit the cost of any required bag 22
737737 purchase back to the customer when the bag is returned and processed through the deposit return 23
738738 system. 24
739739 23-19.19-16. Use of unredeemed deposits. 25
740740 Any unredeemed deposits are to only be spent by the recycling refund producer 26
741741 organization and only on any of the following purposes: 27
742742 (1) Education and outreach activities to encourage redemption activity; 28
743743 (2) Increasing the number of redemption sites; and 29
744744 (3) Other activities that are described in the recycling refund program plan that directly 30
745745 contribute to achieving the performance requirements described in § 23-19.19-10 and other 31
746746 provisions of this chapter. 32
747747 23-19.19-17. Refund value to drop-off facilities and material recovery facilities. 33
748748 Information required. 34
749749
750750
751751 LC002621 - Page 21 of 27
752752 (1) Starting after the first full month that covered beverage containers are sold with the 1
753753 applicable refund value and ending once the packaging program begins, the recycling refund 2
754754 producer organization shall make a monthly payment directly to each material recovery facility and 3
755755 drop-off facility based on data submitted by each material recovery facility drop-off facility under 4
756756 the provisions of this chapter. 5
757757 (2) The recycling refund producer responsibility organization shall establish a quality 6
758758 standard for each material. 7
759759 (3) On a monthly basis, the operator of a material recovery facility and drop-off facility 8
760760 shall submit the following information to the recycling refund producer responsibility organization: 9
761761 (i) The number of tons of covered beverage containers the facility received for processing 10
762762 in the previous month by material; and 11
763763 (ii) The number of tons of covered beverage containers the facility transferred to additional 12
764764 materials processing or end markets in the previous month by material; 13
765765 (4) The recycling refund producer organization shall convert the material tons to unit 14
766766 equivalent using a methodology that is published on its website and developed in consultation with 15
767767 material recovery facilities. 16
768768 (5) The recycling refund producer organization shall pay each material recovery facility 17
769769 and drop-off facility at least fifty percent (50%) of the refund value for each covered beverage 18
770770 container that the material recovery facility transferred to additional materials processing or end 19
771771 markets and that meets the quality standard provided for in subsection (2) of this section. 20
772772 (6) Material recovery facilities shall share the payments with their customers consistent 21
773773 with their supply agreements so that communities and generators receive the appropriate amount 22
774774 of the refund values paid to material recovery facilities and drop-off facilities. 23
775775 (7) The operators of material recovery facilities and drop-off facilities shall use an industry-24
776776 standard scale to measure the weight of all covered beverage container materials that enter the 25
777777 facility. 26
778778 (8) The recycling refund producer responsibility organization may conduct quarterly audits 27
779779 on the quality and quantity of the material recovery facilities' and drop-off facilities' material upon 28
780780 request by the organization and at the organization's expense. 29
781781 (9) The recycling refund producer responsibility organization may choose to partner with 30
782782 a material recovery facility or drop-off facility to provide space and install the necessary equipment 31
783783 to co-locate a recycling refund processing facility in the same vicinity. 32
784784 (10) Monthly payments to the material recovery facilities and drop-off facilities shall end 33
785785 six (6) months after any extended producer responsibility program for paper and packaging shifts 34
786786
787787
788788 LC002621 - Page 22 of 27
789789 the cost in whole or in part of collecting or processing residential recyclables to a producer 1
790790 responsibility organization. 2
791791 23-19.19-18. Reporting. 3
792792 (a) Recycling refund producer responsibility organization annual report. On or before June 4
793793 1, 2031, and on or before each June 1 thereafter, the recycling refund producer responsibility 5
794794 organization shall submit a report to the department that contains, at a minimum, the following 6
795795 information for the previous calendar year: 7
796796 (1) Number of covered beverage containers sold in the State of Rhode Island, by material 8
797797 type and whether reusable; 9
798798 (2) Number of covered beverage containers redeemed through the recycling refund 10
799799 redemption system, by material type; 11
800800 (3) Number of times reusable covered beverage containers were sold; 12
801801 (4) Number of times reusable covered beverage containers were returned through the 13
802802 recycling refund program; 14
803803 (5) An analysis of whether the recycling refund producer responsibility organization is on 15
804804 track to reach the redemption rate performance targets specified in the provisions of this chapter 16
805805 and the reuse rate performance targets specified in the recycling refund program plan, and what the 17
806806 recycling refund producer responsibility organization is doing to achieve the performance targets 18
807807 by the relevant deadlines; 19
808808 (6) A list of redemption sites and processing facilities and their locations; 20
809809 (7) Verification of materials handled at responsible end markets; 21
810810 (8) Audited financial reports, including sources and uses of funds. 22
811811 (9) An evaluation of convenience of the program with the same criteria the department 23
812812 shall use under the provisions of this chapter; and 24
813813 (10) A description of public awareness, education, and outreach activities undertaken by 25
814814 the recycling refund producer responsibility organization, including analyses of their efficacy. 26
815815 (b) The recycling refund producer responsibility organization that submits information or 27
816816 records to the department under subsection (a) of this section may request that a portion of the 28
817817 information or records be made available only for the confidential use of the department, the 29
818818 director, or the appropriate division of the department. The director of the department shall give 30
819819 consideration to the request, and if the director determines that this action is not detrimental to the 31
820820 public interest, the director shall grant the request for the information to remain confidential. 32
821821 (c) Audits. All data reported by a recycling refund producer responsibility organization 33
822822 under this section shall, at the request of the department no more than once annually, be audited by 34
823823
824824
825825 LC002621 - Page 23 of 27
826826 an independent third party. A recycling refund producer responsibility organization shall be 1
827827 responsible for all costs associated with the data audit. Auditable data shall only include data held 2
828828 by a recycling refund producer responsibility organization. Auditing of any data inputs to the 3
829829 recycling refund producer responsibility organization shall be the responsibility of the recycling 4
830830 refund producer responsibility organization. 5
831831 (d) Action following unmet redemption rate performance target or convenience standard. 6
832832 A recycling refund producer responsibility organization that fails to meet a redemption rate 7
833833 performance target or convenience standard required under or approved in a producer responsibility 8
834834 plan shall, within ninety (90) days of filing an annual report under this section, file with the 9
835835 department an explanation of the factors contributing to the failure and propose an amendment to 10
836836 the producer responsibility plan specifying changes including in its operations that the recycling 11
837837 refund producer responsibility organization shall make that are designed to achieve the redemption 12
838838 rate performance targets and convenience standard. 13
839839 (e) Department report. On or before October 15, 2032, and every two (2) years thereafter, 14
840840 the department shall submit a report to the governor and to the chairs and ranking minority members 15
841841 of the general assembly committees with jurisdiction over solid waste. The report shall contain: 16
842842 (1) A summary of the operations of this chapter during the previous years including the 17
843843 redemption rate performance targets versus actual performance; 18
844844 (2) A link to reports filed under the provisions of this section; 19
845845 (3) Recommendations for policy, statutory, or regulatory changes to the program; 20
846846 (4) An analysis of the impacts of exempting certain materials from the definition of covered 21
847847 materials and of exempting certain persons from the definition of producer; 22
848848 (5) A list of efforts undertaken by the department to enforce and secure compliance with 23
849849 the provisions of this chapter; and 24
850850 (6) Any other information the department deems to be relevant. 25
851851 (f) Materials recovery facilities and drop-off facilities. On or before April 1, 2030, and on 26
852852 or before April 1 thereafter, each material recovery facility and drop-off facility that receives 27
853853 covered materials shall report annually to the recycling refund producer responsibility organization 28
854854 and the department including the following information for the previous calendar year: 29
855855 (1) Amount of recycling refund covered beverage containers accepted and location of 30
856856 origin (municipality, service provider, or other); 31
857857 (2) Amount of material sold to market, by commodity type; 32
858858 (3) Amount of residue or waste that was generated; and 33
859859 (4) Verification that covered beverage containers are sold to responsible markets. 34
860860
861861
862862 LC002621 - Page 24 of 27
863863 23-19.19-19. Coordination plan. 1
864864 (a) If an extended producer responsibility program for paper and packaging is enacted in 2
865865 the State of Rhode Island, the paper and packaging producer responsibility organization and the 3
866866 recycling refund producer responsibility organization shall create a coordination plan to ensure that 4
867867 programs are complementary and that all targets are met. As part of the coordination plan, the paper 5
868868 and packaging producer responsibility organization and the recycling refund producer 6
869869 responsibility organization shall identify actions to jointly optimize infrastructure for recycling 7
870870 collection and reuse that benefit both programs. 8
871871 (b) The coordination plan between the producer responsibility organization for paper and 9
872872 packaging and the recycling refund producer responsibility organization shall contain the 10
873873 following: 11
874874 (1) Education and outreach activities to ensure consistent messaging to consumers; 12
875875 (2) A description of a reciprocal compensation mechanism such that the recycling refund 13
876876 producer responsibility organization pays the paper and packaging producer responsibility 14
877877 organization for covered beverage containers in material recovery facilities, and the packaging 15
878878 producer responsibility organization pays a recycling refund producer organization for secondary 16
879879 packaging managed through the recycling refund system; 17
880880 (3) Mechanisms to evaluate packages and formats managed by each program and consider 18
881881 opportunities for adding and removing packages from one program to the other; and 19
882882 (4) An evaluation strategy to assess opportunities to coordinate identification of, and 20
883883 efficient access to, collection infrastructure, processing infrastructure, reuse and infrastructure, and 21
884884 responsible markets. 22
885885 23-19.19-20. Enforcement authority and penalties. 23
886886 (a) The department may administratively impose a civil penalty of up to one thousand 24
887887 dollars ($1,000) per violation per day on any producer who violates this chapter and up to ten 25
888888 thousand dollars ($10,000) per violation per day for the second and each subsequent violation. 26
889889 (b) The department may administratively impose a civil penalty of up to one thousand 27
890890 dollars ($1,000) per violation per day on the recycling refund producer responsibility organization 28
891891 for violations of this chapter and up to ten thousand dollars ($10,000) per violation per day for the 29
892892 second and each subsequent violation in any calendar year. 30
893893 (c) The department may, in addition to assessing the penalties provided in subsections (a) 31
894894 and (b) of this section, take any combination of the following actions: 32
895895 (1) Issue a corrective action order to a producer or a recycling refund producer 33
896896 responsibility organization; 34
897897
898898
899899 LC002621 - Page 25 of 27
900900 (2) Issue an order to a recycling refund producer responsibility organization to provide for 1
901901 the continued implementation of the program in the absence of an approved plan; 2
902902 (3) Revoke the producer responsibility organization's plan approval and require resubmittal 3
903903 of a producer responsibility organization's plan; 4
904904 (4) Require a producer responsibility organization to revise or resubmit a plan within a 5
905905 specified time frame; or 6
906906 (5) Require additional reporting related to the area of noncompliance. 7
907907 (d) The department may assess a penalty on a person that engages in fraudulent activity. 8
908908 The amount of the penalty that the department may assess under this section is twice the amount of 9
909909 money the person received from the fraudulent activity in violation of this chapter or five hundred 10
910910 dollars ($500), whichever is greater. 11
911911 (e) The department may assess a penalty on a person that continues to sell or distribute 12
912912 covered beverage containers of a producer that has been assessed a penalty under subsection (a) of 13
913913 this section, sixty (60) days after the person receives a written warning from the department. The 14
914914 amount of the penalty that the department may assess hereunder is twice the value of the covered 15
915915 beverage containers sold in violation of this chapter or five hundred dollars ($500), whichever is 16
916916 greater. The department shall waive the penalty upon verification that the person has discontinued 17
917917 distribution or sales of the covered beverage containers within thirty (30) days of the date the 18
918918 penalty is assessed. 19
919919 (f) For a producer or producer responsibility organization out of compliance with the 20
920920 requirements of this chapter, the department shall provide written notification and offer 21
921921 information. For the purposes of this section, written notification serves as notice of the violation. 22
922922 The department shall issue at least one notice of violation by certified mail prior to assessing a 23
923923 penalty and the department may only impose a penalty on a producer that has not met the 24
924924 requirements of this chapter sixty (60) days following the date the written notification of the 25
925925 violation was received. 26
926926 (g) Pursuant to any person who incurs a penalty or receives an order may appeal the penalty 27
927927 or order pursuant to the provisions of chapter 35 of title 42 ("administrative procedures"). 28
928928 (h) Penalties levied under this section shall be deposited in the recycling refund program 29
929929 account created in the provisions of § 23-19.19-22. 30
930930 23-19.19-21. Anticompetitive conduct. 31
931931 A recycling refund producer responsibility organization that arranges collection, recycling, 32
932932 or other services under this chapter may engage in anticompetitive conduct to the extent necessary 33
933933 to plan and implement collection, recycling, or other services to meet the obligations under the 34
934934
935935
936936 LC002621 - Page 26 of 27
937937 provisions of this chapter, and is immune from liability under State of Rhode Island laws relating 1
938938 to antitrust, restraint of trade, and unfair trade practices. 2
939939 23-19.19-22. Recycling refund program account. 3
940940 (a) The recycling refund program account is created in the custody of the general treasurer. 4
941941 All receipts received by the department under this chapter shall be deposited in the account. 5
942942 (b) Expenditures from the account may be used by the department only for implementing, 6
943943 administering, and enforcing the requirements of this chapter related to the recycling refund 7
944944 program. Only the director of the department may authorize expenditures from the account. The 8
945945 account is subject to the allotment procedures under this chapter, but an appropriation is not 9
946946 required for expenditures. 10
947947 23-19.19-23. Rulemaking. 11
948948 The department may adopt rules and regulations to implement the provisions of this 12
949949 chapter. 13
950950 SECTION 2. This act shall take effect upon passage. 14
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953953 ========
954954
955955
956956 LC002621 - Page 27 of 27
957957 EXPLANATION
958958 BY THE LEGISLATIVE COUNCIL
959959 OF
960960 A N A C T
961961 RELATING TO HEALTH AND SAFETY -- BEVERAGE CONTAINERS RECYCLING ACT
962962 ***
963963 This act would establish the Beverage Container Recycling Act. This act would establish 1
964964 a comprehensive program providing for deposits on and recycling of beverage containers. This 2
965965 program would be administered and overseen by the department of environmental management. 3
966966 This act would also provide for the assessment of penalties on producers and recycling refund 4
967967 producer responsibility organizations who fail to meet certain performance targets. 5
968968 This act would take effect upon passage. 6
969969 ========
970970 LC002621
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