Rhode Island 2025 Regular Session

Rhode Island House Bill H6207 Compare Versions

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

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5	5	2025 -- H 6207
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7	7	LC002622
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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
16	16	Introduced By: Representatives McEntee, Knight, Bennett, Boylan, Carson, McGaw,
17	17	Cortvriend, Donovan, Handy, and Kazarian
18	18	Date Introduced: April 09, 2025
19	19	Referred To: House Environment and Natural Resources
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby 1
24	24	amended by adding thereto the following chapters: 2
25	25	CHAPTER 19.19 3
26	26	EXTENDED PRODUCER RESPONSIBILITY FOR PACKAGING AND PAPER ACT 4
27	27	23-19.19-1. Definitions. 5
28	28	(a) As used in this chapter and in chapters 19.20 and 19.21 of title 23, the following words 6
29	29	and phrases shall have the following meanings, unless another meaning is clearly intended by the 7
30	30	context: 8
31	31	(1) "Additive of high concern" means a substance that: 9
32	32	(i) Is intentionally added beyond an incidental presence to covered materials to achieve a 10
33	33	physical or chemical effect during manufacturing or in the final material; and 11
34	34	(ii) Has been identified on the basis of credible scientific evidence and with a risk-based 12
35	35	approach as being: 13
36	36	(A) A carcinogen; 14
37	37	(B) A reproductive or developmental toxicant; 15
38	38	(C) An endocrine disruptor; or 16
39	39	(C) Persistent, bioaccumulative, and toxic. 17
40	40	Additives of high concern do not include materials regulated under the provisions of 18
41	41	chapter 18.13 of title 23 ("toxic packaging reduction act"). 19
42	42
43	43
44	44	LC002622 - Page 2 of 57
45	45	(2) "Applicable refund value" means the value established under § 23-19.20-11. 1
46	46	(3) "Beverage" means a drinkable liquid intended for human oral consumption. Beverage 2
47	47	does not include: 3
48	48	(i) A drug regulated under the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Ch. 9, § 4
49	49	301 et seq.; 5
50	50	(ii) One hundred percent (100%) fluid milk; 6
51	51	(iii) Infant formula; or 7
52	52	(iv) A meal replacement liquid. 8
53	53	(4) "Beverage container" means any prepackaged container designed to hold beverages, 9
54	54	including the label, cap, and any other material attached to the container at the time of distribution. 10
55	55	(5) "Beverage container collection mechanism" means any manual or technological means 11
56	56	by which empty covered beverage containers are properly identified as part of processing a 12
57	57	consumer's refund. 13
58	58	(6) "Beverage producer" means the person that satisfies the definition of producer for any 14
59	59	beverage sold, offered for sale, or distributed in or into the State of Rhode Island. 15
60	60	(7) "Brand" means a name, symbol, word, or mark that identifies a product and attributes 16
61	61	the product and its components, including packaging, to the brand owner. 17
62	62	(8) "Brand owner" means a person that owns or holds an exclusive license to a brand or 18
63	63	that otherwise has rights to market a product under the brand, whether or not the brand's trademark 19
64	64	is registered. 20
65	65	(9) "Canner" means individuals who collect and redeem covered beverage containers for 21
66	66	critical income. 22
67	67	(10) "Centralized processing facility" means a facility that sorts and then bales or 23
68	68	aggregates covered beverage containers and associated materials for the purpose of recycling. 24
69	69	(11) "Collection rate" means the amount of a covered material by covered materials type 25
70	70	collected by service providers and transported for recycling or composting divided by the total 26
71	71	amount of the type of a covered material by covered materials type sold or distributed into the State 27
72	72	of Rhode Island by the relevant unit of measurement in the approved program plan. 28
73	73	(12) "Compostable material" means a covered material that: 29
74	74	(i) Meets, and is labeled to reflect that it meets, the American Society for Testing and 30
75	75	Materials Standard Specification for Labeling of Plastics Designed to be Aerobically Composted 31
76	76	in Municipal or Industrial Facilities (D6400) or its successor; 32
77	77	(ii) Meets, and is labeled to reflect that it meets, the American Society for Testing and 33
78	78	Materials Standard Specification for Labeling of End Items that Incorporate Plastics and Polymers 34
79	79
80	80
81	81	LC002622 - Page 3 of 57
82	82	as Coatings or Additives with Paper and Other Substrates Designed to be Aerobically Composted 1
83	83	in Municipal or Industrial Facilities (D6868) or its successor; 2
84	84	(iii) Is comprised of only wood without any coatings or additives; or 3
85	85	(iv) Is comprised of only paper without any coatings or additives. 4
86	86	(13) "Composting" means the controlled microbial degradation of source-separated 5
87	87	compostable materials to yield a humus-like product. 6
88	88	(14) "Composting rate" means the amount of compostable covered material that is managed 7
89	89	through composting, divided by the total amount of compostable covered material sold or 8
90	90	distributed into the State of Rhode Island by the relevant unit of measurement in the approved 9
91	91	program plan. 10
92	92	(15) "Consumer" means an individual who purchases a beverage in the State of Rhode 11
93	93	Island in a beverage container for consumption. 12
94	94	(16) "Coordination plan" means the joint plan developed by the packaging program 13
95	95	producer responsibility organization and the recycling refund producer responsibility organization. 14
96	96	(17) "Covered beverage container" means any beverage container subject to a recycling 15
97	97	refund as defined in the recycling refund program plan. 16
98	98	(18) "Covered entity" means a person or location that receives covered services for covered 17
99	99	materials in accordance with the requirements of this chapter, including: 18
100	100	(i) A single-family residence; 19
101	101	(ii) A multifamily residence; 20
102	102	(iii) A school as defined in § 16-8-7; 21
103	103	(iv) A nonprofit corporation with annual revenue of less than thirty-five million dollars 22
104	104	($35,000,000); and 23
105	105	(v) A state agency, political subdivision, public area, public entity or other governmental 24
106	106	unit. 25
107	107	(19) "Covered material" means packaging and paper products sold or supplied in the State 26
108	108	of Rhode Island. Covered material does not include exempt materials. 27
109	109	(20) "Covered materials type" means a singular and specific type of covered material, such 28
110	110	as paper, plastic, metal, or glass, that: 29
111	111	(i) Can be categorized based on distinguishing chemical or physical properties, including 30
112	112	properties that allow a covered materials type to be aggregated into a discrete commodity category 31
113	113	for purposes of reuse, recycling, or composting; and 32
114	114	(ii) Is based on similar uses in the form of a product or package. 33
115	115	(21) "Covered services" means collecting, transferring, transporting, sorting, processing, 34
116	116
117	117
118	118	LC002622 - Page 4 of 57
119	119	recovering, preparing, or otherwise managing for purposes of source reduction, reuse, recycling, or 1
120	120	composting. 2
121	121	(22) "De minimis" means a person that in the most recent fiscal year earned global gross 3
122	122	revenues, not including on-premises alcohol sales, for the prior fiscal year of: 4
123	123	(i) Until January 1, 2030, less than two million dollars ($2,000,000); or 5
124	124	(ii) Beginning January 1, 2030, less than two million dollars ($2,000,000), as adjusted for 6
125	125	inflation by the department. 7
126	126	(23) "Department" means the department of environmental management. 8
127	127	(24) "Drop-off facility" means a specific area where individuals may bring household 9
128	128	recyclable materials to be sorted into material-specific receptacles and is located in the State of 10
129	129	Rhode Island. 11
130	130	(25) "Environmental impact" means the impact of a covered material on human health and 12
131	131	the environment from extraction and processing of the raw materials composing the covered 13
132	132	material through manufacturing, distribution, use, recovery for reuse, recycling, or composting; 14
133	133	and final disposal. 15
134	134	(26) "Environmental justice area" means a census block group with a low-income and/or 16
135	135	minority population greater than twice the statewide average. 17
136	136	(27) "Executive director" means the executive director of the packaging producer 18
137	137	responsibility organization or recycling refund producer responsibility organization. 19
138	138	(28) "Exempt materials" means materials, or any portion of materials, that: 20
139	139	(i) Are packaging for infant formula, as defined in United States Code, Title 21, § 321(z); 21
140	140	(ii) Are packaging for medical food, as defined in United States Code, Title 21, § 22
141	141	360ee(b)(3); 23
142	142	(iii) Are packaging for a fortified oral nutritional supplement used by persons who require 24
143	143	supplemental or sole source nutrition to meet nutritional needs due to special dietary needs directly 25
144	144	related to cancer, chronic kidney disease, diabetes, malnutrition, or failure to thrive, as those terms 26
145	145	are defined by the International Classification of Diseases, tenth revision; 27
146	146	(iv) Are packaging for a product regulated as a drug or medical device by the United States 28
147	147	Food and Drug Administration, including associated components and consumable medical 29
148	148	equipment; 30
149	149	(v) Are packaging for a medical equipment or product used in medical settings that is 31
150	150	regulated by the United States Food and Drug Administration, including associated components 32
151	151	and consumable medical equipment; 33
152	152	(vi) Are drugs, biological products, parasiticides, medical devices, or in vitro diagnostics 34
153	153
154	154
155	155	LC002622 - Page 5 of 57
156	156	that are used to treat, or that are administered to, animals and are regulated by the United States 1
157	157	Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act, United States 2
158	158	Code, title 21, § 301 et seq., by the United States Department of Agriculture under the federal 3
159	159	Virus-Serum-Toxin Act, United States Code, Title 21, § 151 et seq.; 4
160	160	(vii) Are packaging for products regulated by the United States Environmental Protection 5
161	161	Agency under the Federal Insecticide, Fungicide, and Rodenticide Act, United States Code, Title 6
162	162	7, § 136 et seq.; 7
163	163	(viii) Are packaging used to contain liquefied petroleum gas and are designed to be refilled; 8
164	164	(ix) Are paper products used for a newspaper's print publications, including supplements 9
165	165	or enclosures, that include content derived from primary sources related to news and current events; 10
166	166	(x) Are paper products used for a magazine's print publication that has a circulation of less 11
167	167	than ninety-five thousand (95,000) and that primarily includes content derived from primary 12
168	168	sources related to news and current events; 13
169	169	(xi) Are packaging used to contain hazardous or flammable products regulated by the 2012 14
170	170	federal Occupational Safety and Health Administration Hazard Communication Standard, Code of 15
171	171	Federal Regulations, Title 29, § 1910.1200, that prevent the packaging from being source reduced 16
172	172	or made reusable, recyclable, or compostable, as determined by the department: 17
173	173	(xii) Are packaging that is being collected and properly managed through a paint producer 18
174	174	responsibility program approved under chapter 24.12 of title 23 ("proper management of unused 19
175	175	paint"); 20
176	176	(xiii) Are exempt materials, as determined by the department; or 21
177	177	(xiv) Are covered materials that: 22
178	178	(A) A producer distributes to another producer; 23
179	179	(B) Are subsequently used to contain a product, and the product is distributed to a 24
180	180	commercial or business entity for the production of another product; and 25
181	181	(B) Are not introduced to a person other than the commercial or business entity that first 26
182	182	received the product used for the production of another product. 27
183	183	(29) "Express redemption site" means a designated return point that allows consumers to 28
184	184	return covered beverage containers. These locations will not require cash handling on site; rather, 29
185	185	upon return, if needed, beverage containers will be transported to centralized processing facilities, 30
186	186	and refunds will be credited to the consumer's virtual account. This may include bag-drop systems, 31
187	187	reverse vending machines, or other beverage container collection mechanisms to enhance 32
188	188	convenience and accessibility for consumers. 33
189	189	(30) "Fraudulent activity" means any of the following: 34
190	190
191	191
192	192	LC002622 - Page 6 of 57
193	193	(i) Redeeming a beverage container purchased outside the State of Rhode Island; 1
194	194	(ii) Altering a beverage container not eligible for a refund in the State of Rhode Island 2
195	195	recycling refund system to make it appear eligible for a refund; 3
196	196	(iii) Altering a receipt to increase the payout beyond the amount from appropriately 4
197	197	redeeming covered beverage containers; and 5
198	198	(iv) Tampering with beverage container collection mechanisms to enable redemption of a 6
199	199	beverage container or knowingly attempting to redeem a beverage container that: 7
200	200	(A) Was not purchased in the State of Rhode Island; 8
201	201	(B) Is not in the State of Rhode Island recycling refund system; 9
202	202	(C) Had no deposit paid on it in the State of Rhode Island; or 10
203	203	(D) Has already been redeemed for a refund. 11
204	204	(31) "Full-service redemption site" means a return point where individuals may return 12
205	205	covered beverage containers to receive immediate refunds for their returns. 13
206	206	(32) "Government entity" means any: 14
207	207	(i) County, city, town, or other local government, including any municipal corporation, 15
208	208	quasi-municipal corporation, or special purpose district, or any office, department, division, bureau, 16
209	209	board, commission, or agency thereof, or other local public agency; 17
210	210	(ii) State office, department, division, bureau, board, commission, or other state agency; 18
211	211	(iii) Federally-recognized Indian tribes whose traditional lands and territories include parts 19
212	212	of the State of Rhode Island; or 20
213	213	(iv) Federal office, department, division, bureau, board, commission, or other federal 21
214	214	agency. 22
215	215	(33) "Incidental presence" means the presence of an additive at a concentration that is less 23
216	216	than one hundred parts per million (100 ppm) by weight one hundredths percent (0.01%). 24
217	217	(34) "Independent auditor" means an independent and actively licensed certified public 25
218	218	accountant that is: 26
219	219	(i) Retained by a producer responsibility organization; 27
220	220	(ii) Not otherwise employed by or affiliated with a producer responsibility organization; 28
221	221	and 29
222	222	(iii) Qualified to conduct an audit under State of Rhode Island law. 30
223	223	(35) "Infrastructure investment" means an investment by a packaging producer 31
224	224	responsibility organization that funds: 32
225	225	(i) Equipment or facilities in which covered materials are prepared for reuse, recycling, or 33
226	226	composting; 34
227	227
228	228
229	229	LC002622 - Page 7 of 57
230	230	(ii) Equipment or facilities used for source reduction, reuse, recycling, or composting of 1
231	231	covered materials; or 2
232	232	(iii) The expansion or strengthening of demand for and use of covered materials by 3
233	233	responsible markets in the State of Rhode Island or region. 4
234	234	(36) "Intentionally added" means the act of deliberately utilizing an additive in the 5
235	235	formation of a covered material where its continued presence is desired in the final covered material 6
236	236	to provide a specific characteristic, appearance, or quality. The use of an additive as a processing 7
237	237	agent, mold release agent, or intermediate is considered intentional addition for the purposes of this 8
238	238	chapter where the additive is detected in the final covered material. "Intentionally added" does not 9
239	239	include the use of postconsumer recycled content, where some portion of the postconsumer 10
240	240	recycled content may contain amounts of the additive but is neither desired nor deliberate. 11
241	241	(37) "Introduce" means to sell, offer for sale, distribute, or use to ship a product within or 12
242	242	into the State of Rhode Island. 13
243	243	(38) "Labor organization" means any organization that exists and is constituted for the 14
244	244	purpose, in whole or in part, of collective bargaining, or of dealing with employers concerning 15
245	245	grievances, terms or conditions of employment, or of other mutual aid or protection. 16
246	246	(39) "Living wage" means the minimum hourly wage necessary to allow a person working 17
247	247	forty (40) hours per week to afford basic needs. 18
248	248	(40) "Lobby" and "lobbying" means the practice of promoting, opposing, or in any manner 19
249	249	influencing or attempting to influence the introduction, defeat, or enactment of legislation before 20
250	250	any legislative body; opposing or in any manner influencing the executive approval, veto, or 21
251	251	amendment of legislation; or the practice of promoting, opposing, or in any manner influencing or 22
252	252	attempting to influence the enactment, promulgation, modification, or deletion of regulations 23
253	253	before any regulatory body. The term does not include providing public testimony before a 24
254	254	legislative body or regulatory body or any committee thereof. 25
255	255	(41) "Material recovery facility" means a facility in the State of Rhode Island that collects, 26
256	256	compacts, repackages, sorts, or processes for transport source separated material for the purpose of 27
257	257	recycling. 28
258	258	(42) "Municipality" means the individual cities and towns of the State of Rhode Island. 29
259	259	(43) "Needs assessment" means an assessment conducted according to § 23-19.19-8. 30
260	260	Except where specified otherwise, needs assessment means the most recently completed needs 31
261	261	assessment. 32
262	262	(44) "Packaging" means a material type, such as paper, plastic, glass, metal, or multi-33
263	263	material, that is used to protect, contain, transport, or serve a product. Packaging does not include 34
264	264
265	265
266	266	LC002622 - Page 8 of 57
267	267	covered beverage containers. 1
268	268	(45) "Packaging and paper product producer" means the person that satisfies the definition 2
269	269	of producer for any packaging or paper product sold, offered for sale, or distributed in or into the 3
270	270	State of Rhode Island. 4
271	271	(46) "Packaging manufacturer" means any person, firm, association, partnership, or 5
272	272	corporation that produces packaging or a packaging component for the production of packaging. 6
273	273	(47) "Packaging producer responsibility organization" means a nonprofit corporation that 7
274	274	is tax exempt under chapter 501(c)(3) of the federal Internal Revenue Code and that is created by 8
275	275	a group of producers to implement the non-recycling refund activities under this chapter. 9
276	276	(48) "Packaging producer program plan" means a program plan developed by the 10
277	277	packaging producer responsibility organization pursuant to § 23-19.19-9 that is prepared and 11
278	278	submitted to the department for review and approval. 12
279	279	(49) "Packaging program" means a program where producers of covered materials not in 13
280	280	the recycling refund program pay a fee to meet certain performance targets. 14
281	281	(50) "Packaging program advisory council" means the council established under this 15
282	282	chapter. 16
283	283	(51) "Paper product" means a product made primarily from wood pulp or other cellulosic 17
284	284	fibers, but does not include bound books or products that recycling or composting facilities will not 18
285	285	accept because of the unsafe or unsanitary nature of the paper product. Paper product does not 19
286	286	include exempt materials. 20
287	287	(52) "Postconsumer recycled content" means the amount of postconsumer material used 21
288	288	by a producer in the production of a covered materials type, divided by the total amount of that 22
289	289	covered materials type used for products sold or distributed by the producer in that same calendar 23
290	290	year. 24
291	291	(53) "Producer" means the following person responsible for compliance with requirements 25
292	292	under this chapter for an item sold, offered for sale, or distributed in or into the State of Rhode 26
293	293	Island: 27
294	294	(i) For an item sold in or with packaging at a physical retail location in the State of Rhode 28
295	295	Island: 29
296	296	(A) If the item is sold in or with packaging that includes a brand, the producer is the brand 30
297	297	owner; 31
298	298	(B) If there is no person or entity described in subsection (a)(53)(i)(A) of this section, the 32
299	299	producer is the person or entity that is licensed to sell, offer for sale, or distribute to consumers in 33
300	300	the State of Rhode Island an item under the brand or trademark used in a commercial enterprise, 34
301	301
302	302
303	303	LC002622 - Page 9 of 57
304	304	sold, offered for sale, or distributed in or into the State of Rhode Island, whether or not the 1
305	305	trademark is registered in the State of Rhode Island; 2
306	306	(C) If there is no person to which subsections (a)(53)(i)(A) or (a)(53)(i)(B) of this section 3
307	307	applies, the producer is the person that is licensed to manufacture and sell or offer for sale to 4
308	308	consumers in the State of Rhode Island an item under the brand or trademark of another 5
309	309	manufacturer or person; 6
310	310	(D) If there is no person described in subsections (a)(53)(i)(A) through (a)(53)(i)(C) of this 7
311	311	section within the United States, the producer is the person who is the importer of record for the 8
312	312	item into the United States for use in a commercial enterprise that sells, offers for sale, or distributes 9
313	313	the item in the State of Rhode Island; or 10
314	314	(E) If there is no person described in subsections (a)(53)(i)(A) through (a)(53)(i)(D) of this 11
315	315	section, the producer is the person that first distributes the item in or into the State of Rhode Island; 12
316	316	(ii) For items sold or distributed in or into the State of Rhode Island via e-commerce, 13
317	317	remote sale, or remote distribution: 14
318	318	(A) For packaging used to directly protect or contain the item, the producer of the 15
319	319	packaging is the same as the producer identified under subsection (a)(53)(i) of this section; and 16
320	320	(B) For packaging used to ship the item to a consumer, the producer of the packaging is 17
321	321	the person that packages the item to be shipped to the consumer; 18
322	322	(C) For packaging that is an item and is not included in the prior subsections to this 19
323	323	subsection (a)(53)(ii)(C), the producer of the packaging is the person that first distributes the item 20
324	324	in or into the State of Rhode Island; 21
325	325	(D) A person is the producer of an item or covered product sold, offered for sale, or 22
326	326	distributed in or into the State of Rhode Island, as defined in subsection (a)(53) of this section, 23
327	327	except where a private label producer has mutually agreed with a brand owner to accept 24
328	328	responsibility as the producer, and the private label producer has joined a registered producer 25
329	329	responsibility organization as the responsible producer for that item. In the event that a private label 26
330	330	producer accepts responsibility as the producer under this subsection, the brand owner shall provide 27
331	331	written certification of that contractual agreement to the producer responsibility organization; and 28
332	332	(E) If the producer described in this subsection is a business operated wholly or in part as 29
333	333	a franchise, the producer is the franchisor, if that franchisor has franchisees that have a commercial 30
334	334	presence within the State of Rhode Island. 31
335	335	(F) Producer does not include: 32
336	336	(I) Government entities; or 33
337	337	(II) Registered 501(c)(3) charitable organizations and 501(c)(4) social welfare 34
338	338
339	339
340	340	LC002622 - Page 10 of 57
341	341	organizations. 1
342	342	(54) "Producer responsibility organization" means a nonprofit corporation that is tax 2
343	343	exempt under chapter 501(c)(3) of the federal Internal Revenue Code and is set up to carry out the 3
344	344	responsibilities of either the packaging program or the recycling refund program, or both programs. 4
345	345	(55) "Recycling" means the series of activities by which material is collected, transported, 5
346	346	sorted, and processed for use in industrial feedstocks in place of virgin materials to manufacture 6
347	347	new products with minimal loss of material quality and quantity. "Recycling" does not include: 7
348	348	(i) Landfill disposal; 8
349	349	(ii) Use as alternative daily cover or any other beneficial use at a landfill; or 9
350	350	(iii) Energy recovery, energy generation, or fuel production by any means including, but 10
351	351	not limited to, combustion, incineration, pyrolysis, gasification, solvolysis, or waste-to-fuel. 11
352	352	(56) "Recycling rate" means the amount of recyclable covered material, in aggregate or by 12
353	353	individual covered materials type, recycled in a calendar year divided by the total amount of 13
354	354	recyclable covered material, in aggregate or by individual covered materials type, sold or 14
355	355	distributed into the State of Rhode Island by the relevant unit of measurement in the approved 15
356	356	program plan. 16
357	357	(57) "Recycling refund" means a covered beverage container redemption program that pays 17
358	358	a per-unit refund value to consumers for covered beverage containers and collects and processes 18
359	359	covered beverage containers as described in this chapter. 19
360	360	(58) "Recycling refund advisory council" means the council established under this chapter. 20
361	361	(59) "Recycling refund processing facility" means a location that is designated by the 21
362	362	recycling refund producer responsibility organization to receive, sort, and prepare redeemed 22
363	363	beverage containers for recycling or reuse. 23
364	364	(60) "Recycling refund producer responsibility organization" means a nonprofit 24
365	365	corporation that is tax exempt under chapter 501(c)(3) of the federal Internal Revenue Code created 25
366	366	by a group of recycling refund covered beverage containers producers to implement activities under 26
367	367	this chapter. 27
368	368	(61) "Recycling refund program plan" means a program plan developed by the recycling 28
369	369	refund producer responsibility organization that is prepared and submitted to the department for 29
370	370	review and approval. 30
371	371	(62) "Redemption rate" means the number of covered beverage containers redeemed for 31
372	372	the recycling refund divided by the number of covered beverage containers sold in the State of 32
373	373	Rhode Island in a calendar year. Covered beverage containers transferred by material recovery 33
374	374	facilities to additional materials processing or end markets are not included in the redemption rate. 34
375	375
376	376
377	377	LC002622 - Page 11 of 57
378	378	(63) "Redemption site" means a public or private place that provides, via any beverage 1
379	379	container collection mechanism, the ability to redeem a covered beverage container for which a 2
380	380	deposit was paid. 3
381	381	(64) "Refill" means the continued use of a covered material by a consumer through a 4
382	382	system that is: 5
383	383	(i) Intentionally designed and marketed for repeated filling of a covered material to reduce 6
384	384	demand for new production of the covered material; 7
385	385	(ii) Supported by adequate logistics and infrastructure to provide convenient access for 8
386	386	consumers; and 9
387	387	(iii) Compliant with all applicable statutes, rules, ordinances, and other laws governing 10
388	388	health and safety from any government entity. 11
389	389	(65) "Responsible market" means a materials market that: 12
390	390	(i) First produces and sells, transfers, or uses recycled organic product or recycled content 13
391	391	feedstock that meets the quality standards necessary to be used in the creation of new or 14
392	392	reconstituted products in a manner that protects the environment and minimizes risks to public 15
393	393	health and worker health and safety; 16
394	394	(ii) Complies with all applicable statutes, rules, ordinances, and other laws governing 17
395	395	environmental, health, safety, and financial responsibility from any government entity; 18
396	396	(iii) Possesses all requisite licenses and permits required by a federal or state agency or 19
397	397	political subdivision; 20
398	398	(iv) If the market operates in a state, manages waste according to the waste management 21
399	399	goal and priority order of waste management practices stated in statute; 22
400	400	(v) Minimizes adverse impacts to environmental justice areas; and 23
401	401	(vi) Meets the minimum operational standards adopted under a packaging producer 24
402	402	program plan to protect the environment, public health, worker health and safety, and minimize 25
403	403	adverse impacts to socially vulnerable populations. 26
404	404	(66) "Retail establishment" means any person, corporation, partnership, business, facility, 27
405	405	vendor, organization, or individual that sells or provides merchandise, goods, or materials directly 28
406	406	to a consumer that engages in the sale of beverages that are covered beverage containers intended 29
407	407	for consumption off site. 30
408	408	(67) "Return rate" means the amount of reusable covered material, in aggregate or by 31
409	409	individual covered materials type, collected for reuse by a producer or service provider in a calendar 32
410	410	year, divided by the total amount of reusable covered material, in aggregate or by individual 33
411	411	covered materials type, sold or distributed into the State of Rhode Island by the relevant unit of 34
412	412
413	413
414	414	LC002622 - Page 12 of 57
415	415	measurement in the approved program plan. 1
416	416	(68) "Reusable" means capable of reuse. 2
417	417	(69) "Reuse" means the return of a covered material to the marketplace and the continued 3
418	418	use of the covered material by a producer or service provider when the covered material is: 4
419	419	(i) Intentionally designed and marketed to be used multiple times for its original intended 5
420	420	purpose without a change in form; 6
421	421	(ii) Designed for durability and maintenance to extend its useful life and reduce demand 7
422	422	for new production of the covered material; 8
423	423	(iii) Supported by adequate logistics and infrastructure at a retail location, by a service 9
424	424	provider, or on behalf of or by a producer, that provides convenient access for consumers; and 10
425	425	(iv) Compliant with all applicable statutes, rules, ordinances, and other laws governing 11
426	426	health and safety from any government entity. 12
427	427	(70) "Reuse rate" means the share of units of a reusable covered material sold or distributed 13
428	428	into the State of Rhode Island in a calendar year that are demonstrated and deemed reusable in 14
429	429	accordance with an approved packaging producer program plan or recycling refund program plan. 15
430	430	(71) "Service provider" means an entity that provides covered services for covered 16
431	431	materials. A political subdivision that provides or that contracts or otherwise arranges with another 17
432	432	party to provide covered services for covered materials within its jurisdiction may be a service 18
433	433	provider regardless of whether it provided, contracted for, or otherwise arranged for similar services 19
434	434	before the approval of the applicable producer program plan. 20
435	435	(72) "Source reduction" means the design, manufacture, acquisition, purchase, or use of 21
436	436	materials or products to reduce the amount of municipal waste before it enters the municipal trash. 22
437	437	This may be accomplished through the redesign of manufacturing processes; redesign of products; 23
438	438	changes in consumers' purchasing decisions, use, and disposal habits; and backyard composting. 24
439	439	(73) "Third-party certification" means certification by an accredited independent 25
440	440	organization that a standard or process required by this chapter, or by a packaging producer program 26
441	441	plan or a recycling refund program plan approved under this chapter, has been achieved. 27
442	442	(74) "Unredeemed deposit" means a deposit paid by a consumer to a retailer upon purchase 28
443	443	of a covered beverage container for which no person claimed the deposit by returning the beverage 29
444	444	container to a redemption site. 30
445	445	(b) References to "this chapter" contained in chapters 19.19, 19.20, and 19.21 of title 23, 31
446	446	may and shall be applied jointly and severally, and a reference to one may be construed as a 32
447	447	reference to any or all of the other chapters as the context indicates, except where the context clearly 33
448	448	indicates otherwise. 34
449	449
450	450
451	451	LC002622 - Page 13 of 57
452	452	23-19.19-2. Registration of packaging producer responsibility organizations. 1
453	453	(a) Appointment of packaging producer responsibility organization. By July 1, 2026, the 2
454	454	department shall accept applications from packaging producer responsibility organizations to 3
455	455	represent packaging and paper product producers in fulfilling the requirements of this chapter. 4
456	456	(b) The application from a packaging producer responsibility organization shall include, at 5
457	457	a minimum, the following: 6
458	458	(1) Contact information for a person responsible for implementing an approved packaging 7
459	459	producer program plan; 8
460	460	(2) A list of any member packaging and paper product producers that have entered into 9
461	461	written agreements to operate under the packaging producer program plan; 10
462	462	(3) A list of current board members and the executive director if different from the person 11
463	463	responsible for implementing the approved packaging producer program plan; and 12
464	464	(4) Documentation demonstrating adequate financial responsibility and financial controls 13
465	465	to ensure proper management of funds and payment of the registration fee and packaging and paper 14
466	466	product producer fees. 15
467	467	(c) By October 1, 2026, the department may approve, for a period not to exceed ten (10) 16
468	468	years, a single packaging producer responsibility organization if the packaging producer 17
469	469	responsibility organization demonstrates that it: 18
470	470	(1) Is an independent nonprofit organization that qualifies for tax exemption under 26 19
471	471	U.S.C. § 501(c)(3) of the federal Internal Revenue Code; 20
472	472	(2) Has the ability to administer the requirements of a packaging producer program plan 21
473	473	under this chapter; 22
474	474	(3) Has a governing board consisting of packaging and paper product producers that 23
475	475	represent the diversity of packaging in the market; and 24
476	476	(4) Has adequate financial responsibility and financial controls to ensure proper 25
477	477	management of funds and payment of the registration fee required under this section. 26
478	478	(d) The department may revoke the approval of a packaging producer responsibility 27
479	479	organization if the department determines that the packaging producer responsibility organization: 28
480	480	(1) Failed to meet the collection rate or recycling rate performance targets four (4) years in 29
481	481	a row; and 30
482	482	(2) Has not made reasonable progress over this four (4) year period toward compliance. 31
483	483	(e) If the department exercises its authority under this section, then: 32
484	484	(1) The department shall set dates to restart the appointment process; and 33
485	485	(2) The previously approved packaging producer responsibility organization shall continue 34
486	486
487	487
488	488	LC002622 - Page 14 of 57
489	489	operating until the department appoints a new recycling refund producer responsibility 1
490	490	organization. 2
491	491	(f) Registration fee: 3
492	492	(1) By November 1, 2027, the packaging producer responsibility organization shall submit 4
493	493	a one-time payment to the department, in lieu of a registration fee, in an amount determined by the 5
494	494	department, to cover the previously incurred costs and future estimated costs of the department 6
495	495	under this chapter from the effective date of this chapter through paying the annual registration fee 7
496	496	required in this section. By August 1, 2027, the department shall provide written notice to the 8
497	497	appointed packaging producer responsibility organization in writing of the amount of the 9
498	498	registration fee; 10
499	499	(2) On July 1, 2028, and on each July 1 thereafter, the packaging producer responsibility 11
500	500	organization shall submit to the department a registration fee, as determined by the department. By 12
501	501	May 1, 2028, and on each May 1 thereafter, the department shall provide written notice to registered 13
502	502	packaging producer responsibility organizations, in writing, of the amount of the registration fee. 14
503	503	The registration fee shall be set at an amount anticipated to in the aggregate to meet, but not exceed 15
504	504	the department's estimate of the costs required to perform the department's duties and to otherwise 16
505	505	administer, implement, and enforce this chapter; 17
506	506	(3) The department shall annually reconcile the fees paid by a packaging producer 18
507	507	responsibility organization under this section with the actual costs incurred by the department by 19
508	508	means of credits or refunds to or additional payments required of a producer responsibility 20
509	509	organization, as applicable. 21
510	510	(g) Option for additional packaging producer responsibility organizations. After the first 22
511	511	packaging producer program plan approved by the department expires, the department may allow 23
512	512	registration of more than one packaging producer responsibility organization if: 24
513	513	(1) Producers of a covered materials type or a specific covered material appoint a packaging 25
514	514	producer responsibility organization; or 26
515	515	(2) Producers organize under additional packaging producer responsibility organizations. 27
516	516	(h) Disposition of fees. All fees received under this section shall be deposited in the State 28
517	517	of Rhode Island treasury and credited to the product producer responsibility account. 29
518	518	23-19.19-3. Packaging producer responsibility organization duties. 30
519	519	A packaging producer responsibility organization shall: 31
520	520	(1) Register with the department, as required under this chapter; 32
521	521	(2) Submit packaging producer program plans, as required under this chapter; 33
522	522	(3) Implement packaging producer program plans approved by the department under this 34
523	523
524	524
525	525	LC002622 - Page 15 of 57
526	526	chapter; 1
527	527	(4) Forward upon receipt from the department the lists established under this chapter to all 2
528	528	service providers that participate in a packaging producer program plan administered by the 3
529	529	packaging producer responsibility organization; 4
530	530	(5) Establish by September 1, 2027, an initial packaging producer fee structure to fund the 5
531	531	initial implementation of the program, to be used until the packaging producer responsibility 6
532	532	organization has an approved packaging producer responsibility program plan, as required under § 7
533	533	23-19.19-9; 8
534	534	(6) Collect producer fees as required under § 23-19.19-11; 9
535	535	(7) Submit the reports required under § 23-19.19-13; 10
536	536	(8) Ensure that producers operating under a packaging producer program plan administered 11
537	537	by the packaging producer responsibility organization comply with the requirements of the 12
538	538	packaging producer program plan under § 23-19.19-9 and with this chapter; 13
539	539	(9) Expel a producer from the packaging producer responsibility organization if efforts to 14
540	540	return the producer to compliance with the plan or with the requirements of this chapter are 15
541	541	unsuccessful; 16
542	542	(10) Notify the department when a producer has been expelled; 17
543	543	(11) Consider and respond in writing within ninety (90) days to comments received from 18
544	544	the advisory council, including justifications for not incorporating advisory council 19
545	545	recommendations; 20
546	546	(12) Maintain a website with the information required under § 23-19.19-12; 21
547	547	(13) Notify the department within thirty (30) days of a change made to the contact 22
548	548	information for a person responsible for implementing the packaging producer program plan, to 23
549	549	board membership, or to the executive director; 24
550	550	(14) Assist service providers to identify, use, and expand responsible markets; 25
551	551	(15) Contract directly with service providers and provide payments in a timely manner; 26
552	552	and 27
553	553	(16) Comply with all other applicable requirements of this chapter. 28
554	554	23-19.19-4. Packaging program advisory council. 29
555	555	(a) Establishment. The packaging program advisory council is established to review all 30
556	556	activities conducted by packaging producer responsibility organizations under this chapter and to 31
557	557	advise the department and packaging producer responsibility organizations regarding the 32
558	558	implementation of this chapter. 33
559	559	(b) Duties. The packaging program advisory council shall: 34
560	560
561	561
562	562	LC002622 - Page 16 of 57
563	563	(1) Convene its initial meeting by June 1, 2027; 1
564	564	(2) Establish when, and a process by which, it will accept public comments; 2
565	565	(3) Advise on the development of packaging producer program plans and needs 3
566	566	assessments to help ensure they: 4
567	567	(i) Align with best practices; 5
568	568	(ii) Reflect the reality in the State of Rhode Island; and 6
569	569	(ii) Consider the needs of the State of Rhode Island; 7
570	570	(4) Submit comments to packaging producer responsibility organizations and to the 8
571	571	department on any matter relevant to the administration of this chapter; 9
572	572	(5) Provide written comments to the department during any rulemaking process undertaken 10
573	573	by the department; and 11
574	574	(6) Comply with all other applicable requirements of this chapter. 12
575	575	(c) Membership. By March 1, 2027, the department shall establish and appoint the initial 13
576	576	membership of the packaging program advisory council. The membership of the packaging 14
577	577	program advisory council shall consist of the following: 15
578	578	(1) Two (2) members representing manufacturers of covered materials or a State of Rhode 16
579	579	Island or national trade association representing those manufacturers; 17
580	580	(2) One member representing recycling facilities that manage covered materials; 18
581	581	(3) One member representing a waste hauler or a State of Rhode Island association 19
582	582	representing waste haulers; 20
583	583	(4) One member representing retailers of covered materials or a State of Rhode Island trade 21
584	584	association representing those retailers; 22
585	585	(5) Two (2) members representing State of Rhode Island nonprofit environmental 23
586	586	organizations; 24
587	587	(6) Two (2) members representing community-based nonprofit environmental justice 25
588	588	organizations; 26
589	589	(7) One member representing Rhode Island resource recovery corporation or another waste 27
590	590	facility that receives, and sorts covered materials and transfers them to another facility for reuse, 28
591	591	recycling, or composting; 29
592	592	(8) One member representing a waste facility that receives compostable materials for 30
593	593	composting or a State of Rhode Island trade association that represents such facilities; 31
594	594	(9) One member representing a labor organization; 32
595	595	(10) Two (2) members representing an entity that develops or offers for sale covered 33
596	596	materials that are designed for reuse or refill and maintained through a reuse or refill system or 34
597	597
598	598
599	599	LC002622 - Page 17 of 57
600	600	infrastructure or a State of Rhode Island or national trade association that represents such entities; 1
601	601	(11) Three (3) members representing non-federal or non-state government entities; 2
602	602	(12) Two (2) members representing other interested parties or additional members of 3
603	603	interests represented, as determined by the department; and 4
604	604	(13) One member representing the department. 5
605	605	(d) Terms. Removal. Members shall serve for a term of four (4) years, except that the initial 6
606	606	term for a majority of the initial appointees shall be two (2) years so that membership terms are 7
607	607	staggered. Members may be reappointed, but may not serve more than eight (8) consecutive years. 8
608	608	A member of the advisory council appointed under subsection (c)(12) of this section serves at the 9
609	609	pleasure of the department. 10
610	610	(e) Quorum. A quorum is reached when: 11
611	611	(1) A majority of packaging program advisory council member seats are filled; and 12
612	612	(2) A majority of the non-vacant packaging program advisory council member seats is 13
613	613	present. 14
614	614	(f) Voting. Action by the packaging program advisory council requires a quorum and a 15
615	615	majority of those present and voting. All members of the packaging program advisory council, 16
616	616	except the members appointed under subsection (c)(12) of this section, are voting members of the 17
617	617	council. 18
618	618	(g) Meetings. The packaging program advisory council shall meet at least two (2) times 19
619	619	per year and may meet more frequently upon ten (10) days' written notice at the request of the chair 20
620	620	or a majority of its members. 21
621	621	(h) Department role. 22
622	622	(1) The department shall provide administrative and operating support to the packaging 23
623	623	program advisory council, and the department may contract with a third-party facilitator to assist 24
624	624	in administering the activities of the packaging program advisory council, including establishing a 25
625	625	website or landing page on the department website. 26
626	626	(2) The department shall assist the advisory council in developing policies and procedures 27
627	627	governing the disclosure or perceived conflict of interest. 28
628	628	23-19.19-5. Packaging and paper product producer responsibilities. 29
629	629	(a) Duties. After July 1, 2027, a packaging and paper product producer shall be a member 30
630	630	of a packaging producer responsibility organization. 31
631	631	(b) A packaging and paper product producer shall: 32
632	632	(1) Register with the packaging producer responsibility organization; 33
633	633	(2) Implement the requirements of the packaging producer program plan; 34
634	634
635	635
636	636	LC002622 - Page 18 of 57
637	637	(3) Pay producer fees under § 23-19.19-11; 1
638	638	(4) Report to the packaging producer responsibility organization at a frequency to be 2
639	639	determined by the packaging producer responsibility organization: 3
640	640	(i) The total amount, by unit and weight, of each type of packaging material sold, offered 4
641	641	for sale, or distributed for sale into the State of Rhode Island by the producer in the prior calendar 5
642	642	year; and 6
643	643	(ii) All other information necessary for the producer and the packaging producer 7
644	644	responsibility organization to meet its obligations required under this chapter. 8
645	645	(c) Comply with all other applicable requirements of this chapter. 9
646	646	23-19.19-6. Packaging sales restrictions. 10
647	647	(a) Packaging producer restrictions. After January 1, 2030, no packaging and paper product 11
648	648	producer may introduce covered materials, either separately or when used to package another 12
649	649	product, unless the producer enters into a written agreement with a packaging producer 13
650	650	responsibility organization to operate under an approved packaging producer program plan. 14
651	651	(b) After January 1, 2032, no producer may sell in the State of Rhode Island covered 15
652	652	materials unless covered services are provided for the covered materials through a program in a 16
653	653	packaging producer program plan approved by the department and the covered materials are: 17
654	654	(1) Reusable and capable of being managed through a reuse system that meets the reuse 18
655	655	rate and return rate required under chapter; 19
656	656	(2) Capable of refill and supported by a refill system; 20
657	657	(3) Included on the recyclable covered materials list established under § 23-19.19-7; or 21
658	658	(4) Included on the compostable covered material list established under § 23-19.19-7. 22
659	659	(c) A packaging producer responsibility organization may petition the department for a two 23
660	660	(2)-year extension to comply with the requirements of this section. The department may approve 24
661	661	the extension if the petition demonstrates that market or technical issues prevent a specific covered 25
662	662	material from being considered reusable or included on the lists established under § 23-19.19-7. 26
663	663	The packaging producer responsibility organization may petition the department for additional 27
664	664	annual extensions, if the packaging producer responsibility organization demonstrates that market 28
665	665	or technical issues preventing compliance persist. 29
666	666	23-19.19-7. Packaging program department responsibilities. 30
667	667	(a) The department shall: 31
668	668	(1) Appoint the initial membership of the packaging program advisory council as required 32
669	669	under this chapter; 33
670	670	(2) Provide administrative and operating support to the packaging program advisory 34
671	671
672	672
673	673	LC002622 - Page 19 of 57
674	674	council; 1
675	675	(3) Consult on the preliminary needs assessment and needs assessment updates that the 2
676	676	packaging producer responsibility organization conducts, and modify requirements for needs 3
677	677	assessments as it deems appropriate; 4
678	678	(4) Review and determine whether to approve a needs assessment according to this chapter; 5
679	679	(5) Review and determine whether to approve packaging producer program plans and 6
680	680	amendments to packaging producer program plans according to § 23-19.19-9; 7
681	681	(6) Establish requirements for a composting rate, reuse rate, return rate, source reduction, 8
682	682	and postconsumer recycled content, according to the requirements of this chapter; 9
683	683	(7) Generate, in consultation with the packaging producer responsibility organization, a list 10
684	684	of covered materials determined to be recyclable or compostable in the State of Rhode Island, using 11
685	685	the following criteria: 12
686	686	(i) Current availability of recycling and composting collection services; 13
687	687	(ii) Recycling and composting processing infrastructure; 14
688	688	(iii) Capacity and technology for sorting covered materials; 15
689	689	(iv) Whether a covered material is of a type and form that is regularly sorted and aggregated 16
690	690	into defined streams for recycling processes or is included in a relevant Institute of Scrap Recycling 17
691	691	Industries specification or its successors; 18
692	692	(v) Availability of responsible markets; 19
693	693	(vi) Presence and amount of processing residuals, contamination, and additives of high 20
694	694	concern; 21
695	695	(vii) Quantity of covered material estimated to be available and recoverable; and 22
696	696	(viii) Projected future conditions for the criteria in this subsection; 23
697	697	(8) Establish a process by which the department will consider adding to the recyclable or 24
698	698	compostable list in subsection (a)(7) of this section new materials as proposed by the packaging 25
699	699	producer responsibility organization in a program plan; 26
700	700	(9) Establish a process by which a packaging and paper product producer may request the 27
701	701	department classify one or more types of packaging or product products as an exempt material if 28
702	702	the department determines that a specific federal or State of Rhode Island health and safety 29
703	703	requirement prevents the packaging from being made reusable, recyclable, or compostable, with 30
704	704	each classification determination lasting no more than two (2) years with the ability to be renewed; 31
705	705	(10) Review provisions in packaging producer program plan to ensure responsible end 32
706	706	markets as part of determination whether to improve the packaging producer program plan; 33
707	707	(11) Post on the department's website: 34
708	708
709	709
710	710	LC002622 - Page 20 of 57
711	711	(i) The most recent registration materials submitted by the packaging producer 1
712	712	responsibility organization; 2
713	713	(ii) A list of registered service providers; 3
714	714	(iii) The most recent packaging program needs assessments; 4
715	715	(iv) Any packaging plan or amendment submitted by a packaging producer responsibility 5
716	716	organization that is in draft form during the public comment period; 6
717	717	(v) The most recent recyclable or compostable covered lists established as required under 7
718	718	this section. 8
719	719	(vi) The list of exempt materials as defined in this chapter and covered materials exempt 9
720	720	from performance targets as approved in the packaging producer program plan; 10
721	721	(vii) Links to producer responsibility organization websites; 11
722	722	(viii) Comments of the public, advisory council, and producer responsibility organizations 12
723	723	on packaging producer plans and needs assessments, and, if any, the responses of the department 13
724	724	to those comments; and 14
725	725	(ix) Links to adopted rules implementing this chapter; 15
726	726	(12) Review and determine whether to approve the selection of independent auditors to 16
727	727	perform an annual financial audit of each producer responsibility organization; and 17
728	728	(13) Adopt any regulations necessary to implement this chapter. 18
729	729	23-19.19-8. Packaging program needs assessments. 19
730	730	(a) Needs assessments required. By June 1, 2028, the packaging producer responsibility 20
731	731	organization shall complete an initial needs assessment, and provide an updated needs assessment 21
732	732	every five (5) years thereafter. 22
733	733	(b) Content of needs assessment. 23
734	734	(1) An initial needs assessment, and all subsequent updates, shall include at least the 24
735	735	following: 25
736	736	(i) An evaluation of: 26
737	737	(ii) Existing source reduction, reuse, recycling, and composting, as applicable, for each 27
738	738	covered materials type, including collection rates, recycling rates, composting rates, reuse rates, 28
739	739	and return rates, as applicable, for each covered materials type; 29
740	740	(iii) Overall recycling rate, composting rate, reuse rate, and return rate for all covered 30
741	741	materials; and 31
742	742	(iv) The extent to which postconsumer recycled content, by the best estimate, is or could 32
743	743	be incorporated into each covered materials type, as applicable, including a review of market and 33
744	744	technical barriers to incorporating postconsumer materials into covered materials and of whether 34
745	745
746	746
747	747	LC002622 - Page 21 of 57
748	748	for certain covered materials more recycled content has a net negative environmental impact, with 1
749	749	the evaluation for plastics, including a separate evaluation of rigid plastics by resin type and an 2
750	750	evaluation for film and flexible plastics; 3
751	751	(2) An evaluation of covered materials in the disposal, recycling, and composting streams 4
752	752	to determine the covered materials types and amounts within each stream, using new studies 5
753	753	conducted by the department or publicly available and applicable studies; 6
754	754	(3) Proposals for reuse, recycling, composting rates for each covered materials type that 7
755	755	could reasonably be accomplished within a five (5) year time frame in multiple units of 8
756	756	measurement including, but not limited to, unit-based, weight-based, and volume-based; 9
757	757	(4) Recommended collection methods by covered materials type to maximize collection 10
758	758	efficiency, maximize feedstock quality, and optimize service and convenience for collection of 11
759	759	covered materials to be considered or that are included on lists established; 12
760	760	(5) Proposed plans and metrics for how to measure progress in achieving performance 13
761	761	targets; 14
762	762	(6) An inventory of the current system, including: 15
763	763	(i) Tons of collected covered materials; 16
764	764	(ii) Capacity at recycling facilities, compost facilities, drop-off collection sites, and transfer 17
765	765	stations; 18
766	766	(iii) Infrastructure, capacity, and performance for the existing covered services for covered 19
767	767	materials operating in the State of Rhode Island; 20
768	768	(iv) Availability and cost of covered services for covered materials to covered entities and 21
769	769	any other location where covered materials are introduced, including identification of disparities in 22
770	770	the availability of these services in environmental justice areas compared with other areas and 23
771	771	proposals for reducing or eliminating those disparities; 24
772	772	(7) An evaluation of investments needed to increase source reduction, reuse, recycling, and 25
773	773	composting rates of covered materials to meet the proposed performance targets in § 23-19.19-9; 26
774	774	(8) An assessment of the viability and robustness of markets for recyclable covered 27
775	775	materials and the degree to which these markets can be considered responsible markets; 28
776	776	(9) An assessment of the level and causes of contamination of source-separated recyclable 29
777	777	materials, source-separated compostable materials and collected reusables, and the impacts of 30
778	778	contamination on service providers, including the cost to manage this contamination; and 31
779	779	(10) Recommendations for meeting the criteria for an alternative collection program as 32
780	780	established in this chapter, and in every subsequent needs assessment after the initial needs 33
781	781	assessment, a review of existing alternative collection programs for each covered material listed to 34
782	782
783	783
784	784	LC002622 - Page 22 of 57
785	785	determine if the program is meeting the criteria in this chapter. 1
786	786	(11) The department may modify what the packaging producer responsibility organization 2
787	787	is required to include in the initial needs assessment and the needs assessment updates. 3
788	788	(c) Input from interested parties. In conducting a needs assessment, the packaging producer 4
789	789	responsibility organization shall: 5
790	790	(1) Initiate a consultation process to obtain recommendations from the packaging program 6
791	791	advisory council, political subdivisions, service providers and other interested parties regarding the 7
792	792	type and scope of information that should be collected and analyzed in the needs assessment 8
793	793	required by § 23-19.19-8; 9
794	794	(2) Contract with a third party who is not a producer, a packaging producer responsibility 10
795	795	organization, or a member of the advisory council to conduct the needs assessment; and 11
796	796	(3) Prior to finalizing the needs assessment, make the draft needs assessment available for 12
797	797	comment by the advisory council, the department, and the public. 13
798	798	(d) Participation required. 14
799	799	(1) A service provider or other person with data or information necessary to complete a 15
800	800	needs assessment shall provide the data or information to the packaging producer responsibility 16
801	801	organization contractor conducting the needs assessment upon request. 17
802	802	(2) The packaging producer responsibility organization contractor conducting the needs 18
803	803	assessment shall aggregate and anonymize the data or information, excluding location data 19
804	804	necessary to assess needs, received from all parties under subsection (d)(1) of this section. 20
805	805	(e) Department review. 21
806	806	(1) Within one hundred twenty (120) days of the completion of any needs assessment, the 22
807	807	department shall review the needs assessment and either approve, modify, or deny it. 23
808	808	(2) In making a determination under subsection (a) of this section, the department shall 24
809	809	confirm: 25
810	810	(i) All requirements of this section are met; and 26
811	811	(ii) The needs assessment was produced with sufficient rigor and using an appropriate, 27
812	812	evidence-based methodology, ensuring accuracy, reliability, and alignment with established best 28
813	813	practices. 29
814	814	(3) If the department denies or requests additional information for a needs assessment, the 30
815	815	department shall provide the packaging producer responsibility organization with the reasons, in 31
816	816	writing, that the needs assessment does not meet the requirements of this section. The packaging 32
817	817	producer responsibility organization has sixty (60) days from the date that the rejection or request 33
818	818	for additional information is received to submit to the department any revisions or additional 34
819	819
820	820
821	821	LC002622 - Page 23 of 57
822	822	information necessary for the approval of the needs assessment. The department shall review and 1
823	823	approve or disapprove the needs assessment no later than sixty (60) days after the date the 2
824	824	department receives the revisions or additional information. 3
825	825	(4) A packaging producer responsibility organization may resubmit a needs assessment to 4
826	826	the department on not more than two (2) occasions. If after the second resubmission, the department 5
827	827	determines that the needs assessment does not meet the plan requirements of this chapter, the 6
828	828	packaging producer responsibility organization shall pay a service provider to complete work in 7
829	829	accordance with a scope of work provided by the department that will bring the needs assessment 8
830	830	into compliance with this section. 9
831	831	23-19.19-9. Packaging producer program plan. 10
832	832	(a) Packaging producer program plan required. 11
833	833	(1) By January 1, 2030, and every five (5) years thereafter, a packaging producer 12
834	834	responsibility organization shall submit a packaging producer program plan to the department that 13
835	835	describes the proposed operation by the organization of programs to fulfill the requirements of this 14
836	836	chapter and that incorporates the findings and results of needs assessments. If there is more than 15
837	837	one packaging producer responsibility organization, they shall coordinate to submit a single 16
838	838	packaging producer program plan. Once approved, a packaging producer program plan remains in 17
839	839	effect for five (5) years, as amended, or until a subsequent packaging producer program plan is 18
840	840	approved. 19
841	841	(2) By January 1, 2031, or within six (6) months of plan approval, whichever is later, 20
842	842	implement the first packaging producer program plan; subsequent packaging producer program 21
843	843	plans shall be implemented within six (6) months of approval by the department. 22
844	844	(b) Packaging program advisory council review of draft plan and amendments. A 23
845	845	packaging producer responsibility organization shall submit a draft packaging producer program 24
846	846	plan or draft amendment to the advisory council prior to submitting the draft plan or draft 25
847	847	amendment to the department and shall, prior to submission of the draft plan or draft amendment 26
848	848	to the department, respond to advisory council comments and recommendations received within 27
849	849	sixty (60) days of providing the draft program plan or draft amendment to the advisory council and 28
850	850	indicate whether those comments or recommendations were accepted or rejected. 29
851	851	(c) Content of packaging producer program plan. A draft packaging producer program plan 30
852	852	shall include at a minimum: 31
853	853	(1) Collection rate and recycling rate performance targets established under § 23-19.19-10 32
854	854	as applicable to each covered materials type to be accomplished within a five (5) year period; 33
855	855	(2) Proposed performance targets for composting, source reduction, reuse, refill that: 34
856	856
857	857
858	858	LC002622 - Page 24 of 57
859	859	(i) Meet the requirements set by the department in § 23-19.19-9(b); 1
860	860	(ii) Are informed by the latest needs assessment and the most recent State of Rhode Island 2
861	861	solid waste management plan; 3
862	862	(3) Proposed performance targets for post-consumer recycled content for covered materials 4
863	863	that do not have sufficient end-markets, as well as any other covered materials the packaging 5
864	864	producer responsibility organization deems appropriate; 6
865	865	(4) A description of the methods of collection, how collection service convenience metrics 7
866	866	will be met, and processing infrastructure and covered services to be used for each covered 8
867	867	materials type at covered entities, at a minimum, and how these will meet the performance targets 9
868	868	established for covered materials: 10
869	869	(i) Included on the recyclable list established in this chapter; 11
870	870	(ii) Included on the compostable list established in this chapter; 12
871	871	(iii) That are reusable covered materials managed through a reuse system; and 13
872	872	(iv) That are capable of refill and managed through a refill system; 14
873	873	(5) Proposals for exemptions from performance targets for covered materials that cannot 15
874	874	be source reduced or made reusable, recyclable, or compostable due to federal or State of Rhode 16
875	875	Island health and safety requirements, identifying the specific federal or State of Rhode Island 17
876	876	requirements and their impact on the covered materials; 18
877	877	(6) A description of how, for each covered materials type, the producer responsibility 19
878	878	organization will measure recycling, reuse, composting, and the inclusion of postconsumer 20
879	879	recycled content, including the relevant unit of measurement; 21
880	880	(7) Third-party certifications as required by the department or voluntarily undertaken; 22
881	881	(8) A budget identifying funding needs for each of the plan's five (5) calendar years, 23
882	882	producer fees, a description of the process used to calculate the fees, and an explanation of how the 24
883	883	fees meet the requirements of this chapter; 25
884	884	(9) A description of infrastructure investments, including goals and outcomes and a 26
885	885	description of how the process to offer and select opportunities will be conducted in an open, 27
886	886	competitive, and fair manner; how it will address gaps in the system not met by service providers; 28
887	887	and potential financial and legal instruments to be used; 29
888	888	(10) An explanation of how the program will be paid for by the producer responsibility 30
889	889	organization through fees from producers, without any new or additional consumer-facing fee to 31
890	890	members of the public, businesses, service providers, the State of Rhode Island or any political 32
891	891	subdivisions, or any other person who is not a producer, unless the fee is: 33
892	892	(i) A deposit made in connection with a product's refill, reuse, or recycling that can be 34
893	893
894	894
895	895	LC002622 - Page 25 of 57
896	896	redeemed by a consumer; or 1
897	897	(ii) A charge for service by a service provider, regardless of whether registered; 2
898	898	(11) An explanation of how the packaging producer responsibility organization will 3
899	899	coordinate with the Rhode Island resource recovery corporation on implementation; 4
900	900	(12) A description of activities to be undertaken by the packaging producer responsibility 5
901	901	organization during each year to: 6
902	902	(i) Foster the improved design of covered materials in accordance with the design attributes 7
903	903	identified in this chapter on packaging and producer fee setting to reduce environmental and human 8
904	904	health impacts; 9
905	905	(ii) Provide funding to expand and increase the convenience of source reduction, reuse, 10
906	906	collection, recycling, and composting services to covered entities; 11
907	907	(iii) Provide for contract rates to service providers for State of Rhode Island coverage of 12
908	908	covered services at an optimal level of convenience and service for covered materials on the list 13
909	909	established, to covered entities, at a minimum; 14
910	910	(iv) Monitor to ensure that postconsumer materials are delivered to responsible markets; 15
911	911	and 16
912	912	(v) Expand responsible markets and incentivize the purchase of recycled content from only 17
913	913	responsible, domestic or North American markets; 18
914	914	(13) Include terms and conditions for service agreements with service providers and 19
915	915	templates of the service agreements; 20
916	916	(14) Performance standards for service providers as applicable to the service provided 21
917	917	including, but not limited to: 22
918	918	(i) Accepting all covered materials on the recyclable or compostable list required under 23
919	919	this chapter; 24
920	920	(ii) Labor standards and safety practices including, but not limited to, safety programs, 25
921	921	health benefits, and living wages; and 26
922	922	(iii) Meets operating standards, such as capture rates, residual rates, and bale quality; 27
923	923	(15) A description of how the packaging producer responsibility organization will treat and 28
924	924	protect nonpublic data submitted by service providers; 29
925	925	(16) A description of how the packaging producer responsibility organization will provide 30
926	926	technical assistance to service providers in order to assist them in delivering covered materials to 31
927	927	responsible markets; 32
928	928	(17) Minimum operational standards to protect the environment, public health, worker 33
929	929	health and safety, and minimize adverse impacts to socially vulnerable populations; 34
930	930
931	931
932	932	LC002622 - Page 26 of 57
933	933	(18) A description of how the packaging producer responsibility organization will increase 1
934	934	public awareness, educate, and complete outreach activities that include culturally responsive 2
935	935	materials and methods and evaluate the efficacy of these efforts; 3
936	936	(19) Proposed alternative collection programs; 4
937	937	(20) A description of how producers can purchase postconsumer materials from service 5
938	938	providers at market prices if the producer is interested in obtaining recycled feedstock to achieve 6
939	939	minimum postconsumer recycled content performance targets; 7
940	940	(21) A list of additives of high concern and the credible scientific evidence forming the 8
941	941	basis for this list; 9
942	942	(22) A discussion of technical assistance provided to producers regarding additives of high 10
943	943	concern in covered materials and actions taken by producers to reduce additives of high concern in 11
944	944	covered materials; and 12
945	945	(23) A summary of consultations held with the advisory council and other interested parties 13
946	946	to provide input to the packaging producer program plan, a list of recommendations that were 14
947	947	incorporated into the packaging producer program plan as a result, and a list of rejected 15
948	948	recommendations and the reasons for rejection; 16
949	949	(24) The department, in consultation with the packaging producer responsibility 17
950	950	organization and in consideration of the findings in the needs assessment, shall establish 18
951	951	requirements for the State of Rhode Island and the date by which they shall be met for the following 19
952	952	categories: 20
953	953	(i) Composting rate; 21
954	954	(ii) Reuse rate; 22
955	955	(iii) Return rate; 23
956	956	(iv) Source reduction; and 24
957	957	(v) Post-consumer recycled content for covered materials that do not have sufficient end-25
958	958	markets, as well as any other covered materials the department deems appropriate; 26
959	959	(25) In setting the requirements in this section, the department shall consider: 27
960	960	(i) The findings of the needs assessment; 28
961	961	(ii) Goals of the most recent State of Rhode Island solid waste management plan; 29
962	962	(iii) With source reduction, the aim of eliminating unnecessary use of material while not 30
963	963	compromising health or safety; 31
964	964	(iv) With postconsumer recycled content, the net environmental impact of using more 32
965	965	postconsumer material and the ability of packaging to include recycled content given health 33
966	966	considerations, safety considerations, or its unique properties; and 34
967	967
968	968
969	969	LC002622 - Page 27 of 57
970	970	(v) With reuse rate, whether reusable containers will be reused enough times to have a 1
971	971	lower environmental impact than the single-use alternatives. 2
972	972	(d) Review and approval procedure. 3
973	973	(1) The department shall review and approve, deny, or request additional information for 4
974	974	packaging producer program plans, or draft plan amendments no later than one hundred twenty 5
975	975	(120) days after the date the department receives it from a packaging producer responsibility 6
976	976	organization. The department shall post a draft plan or draft amendment on the department's website 7
977	977	and allow public comment for no less than forty-five (45) days before approving, denying, or 8
978	978	requesting additional information on a draft plan or draft amendment. 9
979	979	(2) In reviewing the draft plan, the department shall consider, among other factors, the 10
980	980	following: 11
981	981	(i) Feasibility; 12
982	982	(ii) Advisory council feedback; 13
983	983	(iii) Cost; 14
984	984	(iv) Goals and plans in the Rhode Island solid waste management plan; 15
985	985	(v) Increasing reuse; and 16
986	986	(vi) Reducing unnecessary use of materials. 17
987	987	(3) If the department denies or requests additional information for a draft plan or draft 18
988	988	amendment, the department shall provide the packaging producer responsibility organization with 19
989	989	the reasons, in writing, that the plan or plan amendment does not meet the plan requirements in this 20
990	990	chapter. The packaging producer responsibility organization has sixty (60) days from the date that 21
991	991	the rejection or request for additional information is received to submit to the department any 22
992	992	revisions or additional information necessary for the approval of the draft plan or draft amendment. 23
993	993	The department shall review and approve or disapprove the draft plan or draft amendment no later 24
994	994	than sixty (60) days after the date the department receives the revisions or additional information. 25
995	995	(4) A packaging producer responsibility organization may resubmit a draft plan or draft 26
996	996	amendment to the department on not more than two (2) occasions. If after the second resubmission, 27
997	997	the department determines that the draft plan or draft amendment does not meet the plan 28
998	998	requirements of this chapter, the department shall modify the draft plan or draft amendment as 29
999	999	necessary for it to meet the requirements of this chapter and approve it. 30
1000	1000	23-19.19-10. Packaging performance targets. 31
1001	1001	(a) Packaging program collection and recycling performance targets. 32
1002	1002	(1) The packaging producer responsibility organization is to achieve the following 33
1003	1003	collection and recycling performance targets: 34
1004	1004
1005	1005
1006	1006	LC002622 - Page 28 of 57
1007	1007	(i) Starting with calendar year 2033, and annually thereafter: 1
1008	1008	(A) A collection rate that is greater than fifty percent (50%); and 2
1009	1009	(B) A recycling rate that is greater than forty percent (40%); 3
1010	1010	(ii) Starting with calendar year 2037, and annually thereafter: 4
1011	1011	(A) A collection rate that is greater than sixty-five percent (65%); and 5
1012	1012	(B) A recycling rate that is greater than fifty-five percent (55%); 6
1013	1013	(iii) Starting with calendar year 2041, and annually thereafter: 7
1014	1014	(A) A collection rate that is greater than seventy-five percent (75%); and 8
1015	1015	(B) A recycling rate that is greater than sixty-five percent (65%). 9
1016	1016	(2) The department may: 10
1017	1017	(i) Modify the collection rate or recycling rate performance targets in subsection (a)(1) of 11
1018	1018	this section no more than ten (10) percentage points based on feasibility, cost, or other 12
1019	1019	considerations; or 13
1020	1020	(ii) Extend the calendar year start of the collection or recycling rate targets in subsection 14
1021	1021	(a)(1) of this section no more than two (2) years based on feasibility, cost, or other considerations. 15
1022	1022	(b) Measurement criteria for performance targets. 16
1023	1023	(1) For purposes of determining whether recycling performance targets are being met, 17
1024	1024	except as modified by the department, the packaging producer program plan shall provide a 18
1025	1025	methodology for measuring the amount of recycled material at the point at which material leaves a 19
1026	1026	recycling facility and shall account for: 20
1027	1027	(i) Levels of estimated contamination documented by the facility; and 21
1028	1028	(ii) Any exclusions for fuel or energy capture. 22
1029	1029	(2) For purposes of determining whether reuse and refill performance targets are being met, 23
1030	1030	a packaging producer program plan shall provide a methodology for measuring the amount of 24
1031	1031	reusable covered materials at the point at which reusable covered materials meet the following 25
1032	1032	criteria as demonstrated by the producer and approved by the department: 26
1033	1033	(i) Whether the average minimum number of cycles of reuses within a recognized reuse 27
1034	1034	system has been met based on the number of times an item shall be reused for it to have lower 28
1035	1035	environmental impacts than the single-use alternatives of those items; and 29
1036	1036	(2) Whether the demonstrated or research-based anticipated return rate of the covered 30
1037	1037	material to the reuse system has been met. 31
1038	1038	(3) For purposes of determining whether postconsumer recycled content performance 32
1039	1039	targets are being met, a packaging producer program plan shall provide a methodology for 33
1040	1040	measuring postconsumer recycled content across all producers for a covered materials type where 34
1041	1041
1042	1042
1043	1043	LC002622 - Page 29 of 57
1044	1044	producers may determine their postconsumer recycled content based on their United States market 1
1045	1045	territory if State of Rhode Island-specific postconsumer recycled content is impractical to 2
1046	1046	determine. 3
1047	1047	(4) For other performance targets, the producer responsibility organization shall propose 4
1048	1048	methodologies for review and approval as part of the packaging producer program plan and 5
1049	1049	recycling refund producer program plan. 6
1050	1050	(c) Alternative collection programs. 7
1051	1051	(1) A packaging producer responsibility organization shall implement an alternative 8
1052	1052	collection program for covered materials included on an alternative collection list established under 9
1053	1053	this chapter that: 10
1054	1054	(i) Provides year-round, convenient, collection opportunities across the State of Rhode 11
1055	1055	Island, including at least one drop-off collection site located in each municipality; 12
1056	1056	(ii) Provides tiers of service for collection, convenience, number of drop-off collection 13
1057	1057	sites, and additional collection systems based on: 14
1058	1058	(A) County population size; 15
1059	1059	(B) County population density; 16
1060	1060	(iii) Ensures materials are sent to responsible markets; 17
1061	1061	(iv) Uses education and outreach strategies that can be expected to significantly increase 18
1062	1062	consumer awareness of the program throughout the State of Rhode Island; and 19
1063	1063	(v) Accurately measures the amount of each covered material collected and the applicable 20
1064	1064	performance target. 21
1065	1065	(d) Audits. The department, in consultation with an advisory council, may require that a 22
1066	1066	packaging producer responsibility organization or recycling refund producer responsibility 23
1067	1067	organization obtain and pay for a third-party certification of any activity or achievement required 24
1068	1068	by this chapter if a third-party certification is readily available, deemed applicable, and of 25
1069	1069	reasonable cost. The department shall provide a producer responsibility organization with notice of 26
1070	1070	at least six (6) months prior to requiring use of third-party certification. 27
1071	1071	23-19.19-11. Packaging and paper product producer fees. 28
1072	1072	(a) Packaging producer responsibility organization annual fee. 29
1073	1073	(1) A packaging producer responsibility organization shall annually collect a fee from each 30
1074	1074	member producer that shall: 31
1075	1075	(i) Vary based on the total amount of covered materials each producer introduces in the 32
1076	1076	prior year calculated on a per-unit basis, such as per ton, per item, or another unit of measurement; 33
1077	1077	(ii) Reflect the program costs for each covered materials type, net of commodity value for 34
1078	1078
1079	1079
1080	1080	LC002622 - Page 30 of 57
1081	1081	that covered materials type, as well as allocated fixed costs that do not vary based on covered 1
1082	1082	materials type; 2
1083	1083	(iii) Create incentives to reduce environmental impacts, which may include: 3
1084	1084	(A) Reducing the amount of: 4
1085	1085	(I) Packaging per individual covered material that is necessary to efficiently deliver a 5
1086	1086	product without damage or spoilage and without reducing its ability to be recycled; 6
1087	1087	(II) Paper used to manufacture individual paper products; and 7
1088	1088	(III) Additives of high concern; 8
1089	1089	(B) Increasing: 9
1090	1090	(I) The amount of covered materials managed in a reuse system that are reused the number 10
1091	1091	of times needed to have lower environmental impacts than the single-use alternatives of those 11
1092	1092	items; and 12
1093	1093	(II) Increasing the proportion of postconsumer material in covered materials while 13
1094	1094	considering technical limitations and net environmental impact of using more postconsumer 14
1095	1095	material; and 15
1096	1096	(C) Enhancing the recyclability or compostability of a covered material; 16
1097	1097	(iv) Discourage using materials and design attributes in covered materials whose 17
1098	1098	environmental impacts and human health impacts can be reduced by the methods listed within this 18
1099	1099	section; and 19
1100	1100	(v) Generate revenue sufficient to pay in full: 20
1101	1101	(A) The required fees; 21
1102	1102	(B) Financial obligations to complete activities described in an approved packaging 22
1103	1103	producer program plan, including payments to service providers; 23
1104	1104	(C) The operating costs of the producer responsibility organization; and 24
1105	1105	(D) For establishment and maintenance of a financial reserve that is sufficient to operate 25
1106	1106	the program in a fiscally prudent and responsible manner. 26
1107	1107	(2) A packaging producer responsibility organization shall not charge de minimis 27
1108	1108	producers an annual fee. 28
1109	1109	(b) Overcollections. Revenue collected under this section that exceeds the amount needed 29
1110	1110	to pay the costs described in herein, shall be used to improve or enhance program outcomes or to 30
1111	1111	reduce producer fees according to provisions of an approved packaging producer program plan. 31
1112	1112	(c) Prohibited conduct. Fees collected under this section may not be used for lobbying. 32
1113	1113	23-19.19-12. Packaging producer responsibility organization website requirements. 33
1114	1114	(a) A packaging producer responsibility organization shall maintain a website that uses best 34
1115	1115
1116	1116
1117	1117	LC002622 - Page 31 of 57
1118	1118	practices for accessibility. 1
1119	1119	(b) The packaging producer responsibility organization website shall contain, at a 2
1120	1120	minimum: 3
1121	1121	(1) Information regarding a process that members of the public can use to contact the 4
1122	1122	relevant producer responsibility organization with questions; 5
1123	1123	(2) The draft and approved packaging producer program plans and any draft and approved 6
1124	1124	amendments; 7
1125	1125	(3) Annual reports submitted to the department; 8
1126	1126	(4) A link to related administrative rules implementing this chapter; 9
1127	1127	(5) The names of producers and brands that are not in compliance with this chapter; and 10
1128	1128	(6) A list, updated at least monthly, of all member producers operating under the packaging 11
1129	1129	producer program plan or recycling refund program plan. 12
1130	1130	(c) In addition to the requirements in subsection (b) of this section, the packaging producer 13
1131	1131	responsibility organization website shall have: 14
1132	1132	(1) A directory of all service providers operating under the packaging producer program 15
1133	1133	plan administered by the packaging producer responsibility organization, grouped by location or 16
1134	1134	political subdivision, and information about how to request service; 17
1135	1135	(2) Information for State of Rhode Island residents on what to do with materials on the 18
1136	1136	recyclable and compostable lists; 19
1137	1137	(3) The list of exempt materials as defined in this chapter and covered materials exempt 20
1138	1138	from performance targets as approved in the packaging producer program plan; 21
1139	1139	(4) Current and all past needs assessments; and 22
1140	1140	(5) Education materials on source reduction, reuse, recycling, and composting for 23
1141	1141	producers and the general public. 24
1142	1142	23-19.19-13. Packaging program reporting. 25
1143	1143	(a) Packaging producer responsibility organization annual report. 26
1144	1144	(1) By June 1, 2032, and annually thereafter, a packaging producer responsibility 27
1145	1145	organization shall submit a report to the department that contains, at a minimum, the following 28
1146	1146	information for the previous calendar year: 29
1147	1147	(i) The total amount of covered materials introduced, by each covered materials type, by 30
1148	1148	both weight and number of units; 31
1149	1149	(ii) Progress made toward the performance targets reported in the same units used to 32
1150	1150	establish producer fees and reported for the State of Rhode Island, including: 33
1151	1151	(A) The amount of covered materials successfully source reduced, reused, recycled, and 34
1152	1152
1153	1153
1154	1154	LC002622 - Page 32 of 57
1155	1155	composted by covered materials type and the strategies or collection method used; and 1
1156	1156	(B) Information about third-party certifications obtained; 2
1157	1157	(iii) The total cost to implement the program and a detailed description of program 3
1158	1158	expenditures by category, including: 4
1159	1159	(A) The total amount of producer fees collected; 5
1160	1160	(B) A description of infrastructure investments made; and 6
1161	1161	(C) A breakdown of payments by covered services, covered entities, and regions of the 7
1162	1162	State of Rhode Island; 8
1163	1163	(iv) A copy of a financial audit of program operations conducted by an independent auditor 9
1164	1164	approved by the department that meets the requirements of the Financial Accounting Standards 10
1165	1165	Board's Accounting Standards Update 2016-14, Not-for-Profit Entities (Topic 958), as amended; 11
1166	1166	(v) A description of program performance problems that emerged in specific locations and 12
1167	1167	efforts taken or proposed by the producer responsibility organization to address them; 13
1168	1168	(vi) A description of public awareness, education, and outreach activities undertaken, 14
1169	1169	including any evaluations conducted of their efficacy; 15
1170	1170	(vii) A summary of consultations held with the advisory council and how any feedback 16
1171	1171	was incorporated into the report as a result, together with a list of rejected recommendations and 17
1172	1172	the reasons for rejection; 18
1173	1173	(viii) A list of producers found to be out of compliance with this chapter and actions taken 19
1174	1174	by the producer responsibility organization to return producers to compliance, and notification of 20
1175	1175	any producers that are no longer participating in the producer responsibility organization or have 21
1176	1176	been expelled due to their lack of compliance; 22
1177	1177	(ix) Proposed amendments to the packaging producer program plan to improve program 23
1178	1178	performance or reduce costs, including changes to producer fees, infrastructure investments, or 24
1179	1179	contract rates; 25
1180	1180	(x) Recommendations for additions or removal of covered materials to or from the 26
1181	1181	recyclable or compostable covered materials lists developed under this chapter; and 27
1182	1182	(xi) Information requested by the department to evaluate the effectiveness of the program 28
1183	1183	as it is described in the packaging producer program plan and to assist with determining compliance 29
1184	1184	with this chapter. 30
1185	1185	(2) If there is more than one packaging producer responsibility organization, they shall 31
1186	1186	coordinate to submit a single annual report. 32
1187	1187	(3) Every fourth year after a packaging producer program plan is approved by the 33
1188	1188	department, a performance audit of the program shall be completed by the packaging producer 34
1189	1189
1190	1190
1191	1191	LC002622 - Page 33 of 57
1192	1192	responsibility organization. The performance audit shall conform to audit standards established by 1
1193	1193	the United States Government Accountability Office; the National Association of State Auditors, 2
1194	1194	Comptrollers, and Treasurers; or another nationally-recognized organization approved by the 3
1195	1195	department. 4
1196	1196	(b) Report following unmet target. A packaging producer responsibility organization that 5
1197	1197	fails to meet a performance target required under this chapter or approved in a packaging producer 6
1198	1198	program plan shall, within ninety (90) days of filing an annual report under this section, file with 7
1199	1199	the department an explanation of the factors contributing to the failure and propose an amendment 8
1200	1200	to the packaging producer program plan specifying changes in operations that the packaging 9
1201	1201	producer responsibility organization or recycling refund producer responsibility organization will 10
1202	1202	make that are designed to achieve the performance targets. 11
1203	1203	23-19.19-14. Packaging producer responsibility program account. 12
1204	1204	The packaging producer responsibility account is established as a separate account in the 13
1205	1205	special revenue fund in the State of Rhode Island treasury. 14
1206	1206	(1) Appropriations and transfers to the account and fees collected shall be credited to the 15
1207	1207	account. Earnings, such as interest, dividends, and any other earnings arising from assets of the 16
1208	1208	account, shall be credited to the account. Money remaining in the account at the end of a fiscal year 17
1209	1209	does not revert to the general fund but remains in the account until expended. 18
1210	1210	(2) Money from the account is appropriated to the department to pay the reasonable costs 19
1211	1211	of the department to administer this chapter. 20
1212	1212	CHAPTER 19.20 21
1213	1213	BEVERAGE CONTAINERS RECYCLING ACT 22
1214	1214	23-19.20-1. Registration of recycling refund producer responsibility organization. 23
1215	1215	(a) Appointment of recycling refund producer responsibility organization. 24
1216	1216	(1) By January 1, 2026, the department shall accept applications from recycling refund 25
1217	1217	producer responsibility organizations to represent beverage producers in fulfilling the requirements 26
1218	1218	of this chapter. 27
1219	1219	(2) By April 1, 2026, the department may approve, for a period not to exceed ten (10) years, 28
1220	1220	a single recycling refund producer responsibility organization if the recycling refund producer 29
1221	1221	responsibility organization demonstrates that it: 30
1222	1222	(i) Is an independent nonprofit organization that qualifies for tax exemption under 26 31
1223	1223	U.S.C. § 501(c)(3) of the federal Internal Revenue Code; 32
1224	1224	(ii) Has the ability to administer the requirements of a recycling refund program plan under 33
1225	1225	this chapter; 34
1226	1226
1227	1227
1228	1228	LC002622 - Page 34 of 57
1229	1229	(iii) Has a governing board consisting of beverage producers that represent the diversity of 1
1230	1230	beverage containers in the market; 2
1231	1231	(iv) Has adequate financial responsibility and financial controls to ensure proper 3
1232	1232	management of funds and payment of the registration fee required under this section; and 4
1233	1233	(v) Meets any other reasonable requirements set by the department. 5
1234	1234	(b) Registration fee. 6
1235	1235	(1) By November 1, 2026, the recycling refund producer responsibility organization shall 7
1236	1236	submit a one-time payment to the department, in lieu of a registration fee, in an amount determined 8
1237	1237	by the department, to cover the previously incurred costs and future estimated costs of the 9
1238	1238	department under this chapter from the effective date of this chapter through paying the annual 10
1239	1239	registration fee required. By August 1, 2026, the department shall provide written notice to 11
1240	1240	registered packaging producer responsibility organization in writing of the amount of the 12
1241	1241	registration fee. 13
1242	1242	(2) On July 1, 2027, and on each July 1 thereafter, the recycling refund producer 14
1243	1243	responsibility organization shall submit to the department a registration fee, as determined by the 15
1244	1244	department. By May 1, 2027, and on each May 1 thereafter, the department shall provide written 16
1245	1245	notice to the registered recycling refund producer responsibility organization in writing of the 17
1246	1246	amount of the registration fee. The registration fee shall be set at an amount anticipated to in the 18
1247	1247	aggregate to meet but not exceed the department's estimate of the costs required to perform the 19
1248	1248	department's duties and to otherwise administer, implement, and enforce this chapter for the twelve 20
1249	1249	(12) months after the registration date. 21
1250	1250	(3) The department shall annually reconcile the fees paid by a recycling refund producer 22
1251	1251	responsibility organization under this subsection with the actual costs incurred by the department 23
1252	1252	by means of credits or refunds to or additional payments required of a producer responsibility 24
1253	1253	organization, as applicable. 25
1254	1254	(c) Disposition of fees. All fees received under this section shall be deposited in the state 26
1255	1255	treasury and credited to the recycling refund program account. 27
1256	1256	(d) Approval revocation. 28
1257	1257	(1) The department may revoke the approval of the recycling refund producer 29
1258	1258	responsibility organization if the department determines that the recycling refund producer 30
1259	1259	responsibility organization: 31
1260	1260	(i) Failed to meet the redemption rate targets four (4) years in a row; and 32
1261	1261	(ii) Has not made reasonable progress over this four (4) year period toward compliance. 33
1262	1262	(2) If the department exercises its authority under subsection (a) of this section, then: 34
1263	1263
1264	1264
1265	1265	LC002622 - Page 35 of 57
1266	1266	(i) The department shall set dates to restart the appointment process; and 1
1267	1267	(ii) The previously approved recycling refund producer responsibility organization shall 2
1268	1268	continue operating until the department appoints a new recycling refund producer responsibility 3
1269	1269	organization. 4
1270	1270	23-19.20-2. Recycling refund producer responsibility organization duties. 5
1271	1271	(a) A recycling refund producer responsibility organization shall: 6
1272	1272	(1) Register with the department and pay the department fees, as required pursuant to § 23-7
1273	1273	19.20-1; 8
1274	1274	(2) Submit a recycling refund producer plan to the department, as required under this 9
1275	1275	chapter; 10
1276	1276	(3) Implement recycling refund producer plans approved by the department under this 11
1277	1277	section; 12
1278	1278	(4) Establish by September 1, 2026, an initial beverage producer fee structure to fund the 13
1279	1279	initial implementation of the program, to be used until the recycling refund producer responsibility 14
1280	1280	organization has an approved program plan as required under this chapter; 15
1281	1281	(5) Collect fees annually from registered beverage producers; 16
1282	1282	(6) Submit the reports required under this chapter; 17
1283	1283	(7) Ensure that producers operating under a recycling refund program plan administered 18
1284	1284	by the recycling refund producer responsibility organization comply with the requirements of the 19
1285	1285	recycling refund program plan and with this chapter; 20
1286	1286	(8) Expel a beverage producer from the recycling refund producer responsibility 21
1287	1287	organization if efforts to return the beverage producer to compliance with the plan or with the 22
1288	1288	requirements of this chapter are unsuccessful; 23
1289	1289	(9) Notify the department when a producer has been expelled; 24
1290	1290	(10) Consider and respond in writing within ninety (90) days to comments received from 25
1291	1291	the advisory council, including justifications for not incorporating board recommendations; 26
1292	1292	(11) Maintain a website with the information required under § 23-19.20-10; 27
1293	1293	(12) Notify the department within thirty (30) days of a change made to the contact 28
1294	1294	information for a person responsible for implementing the recycling refund program plan, to board 29
1295	1295	membership, or to the executive director; 30
1296	1296	(13) Contract directly with service providers and provide payments in a timely manner; 31
1297	1297	and 32
1298	1298	(14) Comply with all other applicable requirements of this chapter. 33
1299	1299	23-19.20-3. Recycling refund advisory council. 34
1300	1300
1301	1301
1302	1302	LC002622 - Page 36 of 57
1303	1303	(a) Establishment. 1
1304	1304	(1) The recycling refund advisory council is established to review all activities conducted 2
1305	1305	by recycling refund producer responsibility organizations under this chapter and to advise the 3
1306	1306	department and recycling refund producer responsibility organizations regarding the 4
1307	1307	implementation of this chapter. 5
1308	1308	(b) Duties. 6
1309	1309	(1) The recycling refund advisory council shall: 7
1310	1310	(i) Convene its initial meeting by June 1, 2026; 8
1311	1311	(ii) Establish when and a process by which it will accept public comments; 9
1312	1312	(iii) Review the recycling refund program plan and provide comments to the recycling 10
1313	1313	refund producer responsibility organization, prior to the draft being issued as an official draft for 11
1314	1314	public comment, to ensure the recycling refund program plan: 12
1315	1315	(A) Aligns with best practices; 13
1316	1316	(B) Reflects the reality in the State of Rhode Island; and 14
1317	1317	(C) Considers the needs of the State of Rhode Island; 15
1318	1318	(iv) Review program reports and audits and raise issues for recycling refund producer 16
1319	1319	responsibility organization follow-up or department enforcement action; 17
1320	1320	(v) Review annual reports and provide comments to the department; 18
1321	1321	(vi) Ensure that the recycling refund producer responsibility organization and department 19
1322	1322	are considering a broad range of perspectives in developing recycling refund program plans and in 20
1323	1323	implementing programs. 21
1324	1324	(c) Membership. 22
1325	1325	(1) By March 1, 2026, the department shall establish and appoint the initial membership of 23
1326	1326	the recycling refund advisory council. The membership of the recycling refund advisory council 24
1327	1327	shall consist of representatives of the following: 25
1328	1328	(i) Two (2) members representing a non-federal or non-state government entity; 26
1329	1329	(ii) One member representing a retailer, with a preference for a retailer that hosts beverage 27
1330	1330	container collection mechanisms; 28
1331	1331	(iii) One member representing a packaging manufacturer that is not a producer; 29
1332	1332	(iv) One member representing Rhode Island resource recovery corporation or a recycling 30
1333	1333	processor; 31
1334	1334	(v) One member representing an environmental nonprofit organization; 32
1335	1335	(vi) One member representing an environmental justice organization; 33
1336	1336	(vii) One member who is a canner or represents a canner organization; 34
1337	1337
1338	1338
1339	1339	LC002622 - Page 37 of 57
1340	1340	(viii) One member representing a labor organization; and 1
1341	1341	(ix) Two (2) members representing other interested parties or additional members of 2
1342	1342	interests, as determined by the department; 3
1343	1343	(2) In making appointments under subsection (c) of this section, the department: 4
1344	1344	(i) May not appoint members who are state legislators; 5
1345	1345	(ii) May not appoint members who are employees of a producer required to be members of 6
1346	1346	a producer responsibility organization in this state; and 7
1347	1347	(iii) Shall endeavor to appoint members from all regions of the state; 8
1348	1348	(3) A chair is elected by majority vote of present members at the first meeting of each year 9
1349	1349	at which a quorum is reached. 10
1350	1350	(c) Terms. Removal. Members shall serve for a term of four (4) years, except that the initial 11
1351	1351	term for a majority of the initial appointees shall be two (2) years so that membership terms are 12
1352	1352	staggered. Members may be reappointed but may not serve more than eight (8) consecutive years. 13
1353	1353	A member of the advisory council appointed under subsection (c)(1)(ix) of this section, serves at 14
1354	1354	the pleasure of the department. 15
1355	1355	(d) Quorum. A quorum is reached when: 16
1356	1356	(1) A majority of advisory council member seats are filled; and 17
1357	1357	(2) A majority of the non-vacant advisory council member seats is present. 18
1358	1358	(e) Voting. Action by an advisory council requires a quorum and a majority of those present 19
1359	1359	and voting. All members of an advisory council, except the member appointed under subsection 20
1360	1360	(c)(1)(ix) of this section, are voting members of the board. 21
1361	1361	(f) Meetings. Each advisory council shall meet at least two (2) times per year and may meet 22
1362	1362	more frequently upon ten (10) days' written notice at the request of the chair or a majority of its 23
1363	1363	members. 24
1364	1364	(g) Department role. 25
1365	1365	(1) The department shall provide administrative and operating support to each advisory 26
1366	1366	council, and the department may contract with a third-party facilitator to assist in administering the 27
1367	1367	activities of each advisory council, including establishing a website or landing page on the 28
1368	1368	department website. 29
1369	1369	(2) The department shall assist the advisory council in developing policies and procedures 30
1370	1370	governing the disclosure or perceived conflict of interest. 31
1371	1371	23-19.20-4. Beverage producer responsibilities. 32
1372	1372	(a) Duties. 33
1373	1373	(1) After July 1, 2026, a beverage producer shall be a member of a recycling refund 34
1374	1374
1375	1375
1376	1376	LC002622 - Page 38 of 57
1377	1377	producer responsibility organization registered in this state. 1
1378	1378	(2) A beverage producer shall: 2
1379	1379	(i) Register with the recycling refund producer responsibility organization; 3
1380	1380	(ii) Implement the requirements of the recycling refund program plan under which the 4
1381	1381	producer operates; 5
1382	1382	(iii) Pay producer fees pursuant to § 23-19.20-9; 6
1383	1383	(iv) Provide necessary information for covered beverage containers to the recycling refund 7
1384	1384	producer responsibility organization at a frequency to be determined by the recycling refund 8
1385	1385	producer responsibility organization; 9
1386	1386	(v) Register with the recycling refund producer responsibility organization the barcode and 10
1387	1387	Universal Product Code of all covered beverage containers introduced into the state; and 11
1388	1388	(6) Comply with all other applicable requirements of this chapter. 12
1389	1389	23-19.20-5. Beverage container sales restrictions. 13
1390	1390	Beverage container sales and distribution restrictions. After July 1, 2029, a person may not 14
1391	1391	sell or distribute in or into the state a covered beverage container of a producer that is not 15
1392	1392	participating in the recycling refund producer responsibility organization or that is not in 16
1393	1393	compliance with the requirements of this chapter or rules adopted under this chapter. 17
1394	1394	23-19.20-6. Recycling refund program department responsibilities. 18
1395	1395	(a) Department responsibilities. 19
1396	1396	(1) The department shall: 20
1397	1397	(i) Appoint the initial membership of the advisory council, as required; 21
1398	1398	(ii) Provide administrative and operating support to the advisory council; 22
1399	1399	(iii) Review and determine whether to approve recycling refund program plans and 23
1400	1400	amendments to recycling refund program plans; 24
1401	1401	(iv) Post on the department's website: 25
1402	1402	(A) The most recent registration materials submitted by the producer responsibility 26
1403	1403	organizations; 27
1404	1404	(B) A list of registered service providers; 28
1405	1405	(C) Any packaging plan or amendment submitted by a packaging producer responsibility 29
1406	1406	organization that is in draft form during the public comment period; 30
1407	1407	(D) Comments of the public, advisory council, and recycling refund producer responsibility 31
1408	1408	organization on packaging producer plans and needs assessments, and, if any, the responses of the 32
1409	1409	department to those comments; 33
1410	1410	(E) Links to adopted rules implementing this chapter; 34
1411	1411
1412	1412
1413	1413	LC002622 - Page 39 of 57
1414	1414	(F) Review the selection of independent auditors to perform an annual financial audit of 1
1415	1415	the recycling refund producer responsibility organization; and 2
1416	1416	(G) Conduct enforcement actions as permitted under this chapter. 3
1417	1417	(b) The department may alter the performance targets of § 23-19.20-8 and reporting 4
1418	1418	requirements of this chapter to accommodate a recycling refund producer responsibility 5
1419	1419	organization that is operating regionally with the State of Rhode Island and one or more 6
1420	1420	neighboring states. 7
1421	1421	23-19.20-7. Recycling refund program plan. 8
1422	1422	(a) Recycling refund program plan submission and implementation. 9
1423	1423	(1) By September 1, 2027, and every five (5) years thereafter, a recycling refund producer 10
1424	1424	responsibility organization shall submit a recycling refund program plan to the department that 11
1425	1425	describes the proposed operation by the organization of the program to fulfill the requirements of 12
1426	1426	this chapter. Once approved, a recycling refund program plan remains in effect for five (5) years, 13
1427	1427	as amended, or until a subsequent recycling refund program plan is approved. 14
1428	1428	(2) By July 1, 2028, or within six (6) months of plan approval, whichever is later, 15
1429	1429	implement the plan approved by the department; subsequent recycling refund program plans shall 16
1430	1430	be implemented within six (6) months of approval by the department. 17
1431	1431	(b) Advisory council review of draft plan and amendments. A recycling refund producer 18
1432	1432	responsibility organization shall submit a draft recycling refund producer program plan or draft 19
1433	1433	amendment to the recycling refund advisory council prior to submitting the draft plan or draft 20
1434	1434	amendment to the department and shall, prior to submission of the draft plan or draft amendment 21
1435	1435	to the department, respond to recycling refund advisory council comments and recommendations 22
1436	1436	received within sixty (60) days of providing the draft program plan or draft amendment to the 23
1437	1437	recycling refund advisory council and indicate whether those comments or recommendations were 24
1438	1438	accepted or rejected. 25
1439	1439	(c) The recycling refund program plan shall contain the following: 26
1440	1440	(1) A list of the types of covered beverage containers that will be included in the recycling 27
1441	1441	refund program, which at a minimum shall include all beverage containers that are: 28
1442	1442	(i) Glass bottles, rigid plastic bottles, or metal cans; and 29
1443	1443	(ii) Have a capacity between forty milliliters (40 ml) and one gallon; 30
1444	1444	(2) Proposed reuse rate performance targets with deadlines; 31
1445	1445	(3) How the recycling refund producer responsibility organization will meet performance 32
1446	1446	targets for redemption rates, as described in this chapter and the proposed reuse rate performance 33
1447	1447	targets in § 23-19.20-8; 34
1448	1448
1449	1449
1450	1450	LC002622 - Page 40 of 57
1451	1451	(4) How the performance targets will be measured; 1
1452	1452	(5) How the recycling refund producer responsibility organization will encourage 2
1453	1453	improvements in the design of beverage containers for recyclability; 3
1454	1454	(6) How the proposed network of redemption sites: 4
1455	1455	(i) Satisfies the convenience standards set in this chapter and addresses the evaluation 5
1456	1456	criteria established in this legislation; and 6
1457	1457	(ii) Provides sufficient opportunity for consumers of limited economic means to get their 7
1458	1458	applicable refund value immediately upon redemption; 8
1459	1459	(7) How deposits collected from consumers will be remitted to the recycling refund 9
1460	1460	producer responsibility organization; 10
1461	1461	(8) What incentives the recycling refund producer responsibility organization will provide 11
1462	1462	to retail establishments so that they choose to host covered beverage container collection 12
1463	1463	mechanisms; 13
1464	1464	(i) How the program will conduct outreach and provide convenient redemption: 14
1465	1465	(A) Throughout the state; 15
1466	1466	(B) In rural, urban, and environmental justice areas; and 16
1467	1467	(C) To those that redeem relatively large amounts of covered beverage containers; 17
1468	1468	(9) How beverage containers will be marked or consumers otherwise made aware of the 18
1469	1469	beverage containers eligible for the applicable refund value; 19
1470	1470	(10) A description of how the recycling refund producer responsibility organization will 20
1471	1471	educate the public on the recycling refund program and the availability of redemption sites, 21
1472	1472	including culturally responsive materials and methods to evaluate the efficacy of these efforts; 22
1473	1473	(11) A description of the producer fee structure established pursuant to § 23-19.20-9 and 23
1474	1474	how those fees will be used to support the proposed network of redemption sites and other costs of 24
1475	1475	administrating the recycling refund producer responsibility organization and the recycling refund 25
1476	1476	program plan; 26
1477	1477	(12) An explanation of how the recycling refund producer responsibility organization will 27
1478	1478	coordinate with Rhode Island resource recovery corporation on implementation; and 28
1479	1479	(13) Any other reasonable information requested by the department. 29
1480	1480	(d) Review and approval procedure. 30
1481	1481	(1) The department shall review and approve, deny, or request additional information for 31
1482	1482	draft recycling refund program plans and draft plan amendments no later than one hundred twenty 32
1483	1483	(120) days after the date the department receives it from a packaging producer responsibility 33
1484	1484	organization or recycling refund producer responsibility organization. The department shall post a 34
1485	1485
1486	1486
1487	1487	LC002622 - Page 41 of 57
1488	1488	draft plan or draft amendment on the department's website and allow public comment for no less 1
1489	1489	than forty-five (45) days before approving, denying, or requesting additional information on a draft 2
1490	1490	plan or draft amendment. 3
1491	1491	(2) In reviewing the draft plan, the department shall consider, among other factors, the 4
1492	1492	following: 5
1493	1493	(i) Feasibility; 6
1494	1494	(ii) Advisory council feedback; 7
1495	1495	(iii) Cost; 8
1496	1496	(iv) Goals and plans in the Rhode Island solid waste management plan; 9
1497	1497	(v) Increasing reuse; 10
1498	1498	(vi) Adequacy of consumer-facing communications, including so consumers know which 11
1499	1499	beverage containers are in the recycling refund system and their refund value; and 12
1500	1500	(vii) Reducing unnecessary use of materials. 13
1501	1501	(3) If the department denies or requests additional information for a draft plan or draft 14
1502	1502	amendment, the department shall provide the recycling refund producer organization with the 15
1503	1503	reasons, in writing, that the plan or plan amendment does not meet the plan requirements. The 16
1504	1504	recycling refund producer organization has sixty (60) days from the date that the rejection or request 17
1505	1505	for additional information is received to submit to the department any revisions or additional 18
1506	1506	information necessary for the approval of the draft plan or draft amendment. The department shall 19
1507	1507	review and approve or disapprove the draft plan or draft amendment no later than sixty (60) days 20
1508	1508	after the date the department receives the revisions or additional information. 21
1509	1509	(4) A recycling refund producer organization may resubmit a draft plan or draft amendment 22
1510	1510	to the department on not more than two (2) occasions. If after the second resubmission, the 23
1511	1511	department determines that the draft plan or draft amendment does not meet the plan requirements 24
1512	1512	of this chapter, the department shall modify the draft plan or draft amendment as necessary for it 25
1513	1513	to meet the requirements of this chapter and approve it. 26
1514	1514	23-19.20-8. Recycling refund performance targets. 27
1515	1515	(a) Redemption rate performance targets. The recycling refund producer responsibility 28
1516	1516	organization shall achieve the following performance targets: 29
1517	1517	(1) Starting with calendar year 2031, and each year thereafter, the annual redemption rate 30
1518	1518	aggregated for all covered beverage containers shall be greater than sixty-five percent (65%). 31
1519	1519	(2) Starting with calendar year 2034, and each year thereafter, the annual redemption rate 32
1520	1520	aggregated for all covered beverage containers shall be greater than eight-five percent (85%). 33
1521	1521	(b) Reuse rate performance targets. 34
1522	1522
1523	1523
1524	1524	LC002622 - Page 42 of 57
1525	1525	(1) The recycling refund producer responsibility organization shall achieve the reuse rate 1
1526	1526	performance target in the approved recycling refund program plan. 2
1527	1527	(2) The reuse rate performance targets in the program plan shall increase with each 3
1528	1528	subsequent program plan. 4
1529	1529	23-19.20-9. Recycling refund producer fees. 5
1530	1530	(a) Recycling refund producer responsibility organization annual fee. 6
1531	1531	(1) Costs to pay the registration fee required in this chapter and to meet the performance 7
1532	1532	targets in § 23-19.20-8 and convenience standards in § 23-19.20-12 that exceed the amount retained 8
1533	1533	through scrap value and unclaimed deposits are to be paid by beverage producers as a material-9
1534	1534	specific fee that is: 10
1535	1535	(i) Based on the cost to manage the material minus its scrap value, among other factors; 11
1536	1536	(ii) Modulated based on factors to reduce environmental impact, which may include: 12
1537	1537	(A) Use of domestically sourced, verified postconsumer recycled content; 13
1538	1538	(B) Compliance with industry-accepted design for recyclability standards; 14
1539	1539	(C) Use of labeling to encourage appropriate recycling behaviors; and 15
1540	1540	(D) Use of design factors that inhibit recyclability. 16
1541	1541	(2) The recycling refund producer responsibility organization shall offer a flat fee structure 17
1542	1542	for de minimis beverage producers. 18
1543	1543	(b) Overcollections. Revenue collected under this section that exceeds the amount needed 19
1544	1544	to pay the costs described in subsection (a)(1) of this section, shall be used to improve or enhance 20
1545	1545	program outcomes. 21
1546	1546	(c) Prohibited conduct. Fees collected under this section may not be used for lobbying. 22
1547	1547	23-19.20-10. Recycling refund website requirements. 23
1548	1548	(a) A recycling refund producer responsibility organization shall maintain a website that 24
1549	1549	uses best practices for accessibility. 25
1550	1550	(b) The recycling refund producer responsibility organization website shall contain, at a 26
1551	1551	minimum: 27
1552	1552	(1) Information regarding a process that members of the public can use to contact the 28
1553	1553	recycling refund producer responsibility organization with questions; 29
1554	1554	(2) The draft and approved recycling refund program plans and any draft and approved 30
1555	1555	amendments; 31
1556	1556	(3) Annual reports submitted to the department; 32
1557	1557	(4) A link to related administrative rules implementing this chapter; 33
1558	1558	(5) The names of beverage producers that are not in compliance with this chapter; 34
1559	1559
1560	1560
1561	1561	LC002622 - Page 43 of 57
1562	1562	(6) A list, updated at least monthly, of all member producers operating under the recycling 1
1563	1563	refund program plan; 2
1564	1564	(7) The list of covered beverage containers that are redeemable for the applicable refund 3
1565	1565	value under the provisions of § 23-19.20-11; 4
1566	1566	(8) Education materials on how to redeem covered beverage containers and the importance 5
1567	1567	of recycling covered beverage containers; and 6
1568	1568	(9) A list and map of all redemption sites currently accepting covered beverage containers 7
1569	1569	for a refund, including the hours each redemption site accepts covered beverage containers. 8
1570	1570	23-19.20-11. Applicable refund value. 9
1571	1571	(a) Applicable refund value. 10
1572	1572	(1) Every covered beverage container sold or offered for sale in the state shall have a refund 11
1573	1573	value of ten cents ($0.10) beginning July 1, 2029. 12
1574	1574	(2) If a redemption rate performance target was not met in each of the two (2) previous 13
1575	1575	calendar years, the department may adopt rules providing a higher refund value than the refund 14
1576	1576	value provided under this section, so long as the modified refund value is not based on the type of 15
1577	1577	beverage container, but no more than: 16
1578	1578	(i) Once during any ten (10) year period in consultation with the recycling refund producer 17
1579	1579	responsibility organization; and 18
1580	1580	(ii) Once during any five (5) year period if there is a request from the recycling refund 19
1581	1581	producer responsibility organization for a change in the refund amount. 20
1582	1582	(3) For covered beverage containers sold at retail, the retail establishment shall collect the 21
1583	1583	refund value and remit it to the recycling refund producer responsibility organization. 22
1584	1584	(4) The charge for the refund value of covered beverage containers shall be separately 23
1585	1585	stated on a receipt, invoice, or similar billing document given to the consumer. 24
1586	1586	(b) Nonredeemable materials. 25
1587	1587	(1) Excluding the material recovery facility and drop-off facility payments in this section, 26
1588	1588	the recycling refund producer responsibility organization is not required to pay refunds on: 27
1589	1589	(i) A beverage container visibly containing or contaminated by a substance other than 28
1590	1590	water, residue of the original contents, or ordinary dust; 29
1591	1591	(ii) A beverage container that is broken or damaged to the extent that the brand appearing 30
1592	1592	on the container cannot be identified; 31
1593	1593	(iii) A beverage container that the recycling refund producer responsibility organization 32
1594	1594	has reasonable grounds to believe was bought in another state; or 33
1595	1595	(iv) A beverage container for which the recycling refund producer responsibility 34
1596	1596
1597	1597
1598	1598	LC002622 - Page 44 of 57
1599	1599	organization has reasonable grounds to believe a refund has already been given. 1
1600	1600	23-19.20-12. Convenience standard for redemption of beverage containers. 2
1601	1601	(a) Criteria for establishing a convenience standard. The recycling refund producer 3
1602	1602	responsibility organization shall propose a quantitative convenience standard for redemption of 4
1603	1603	containers in the recycling refund program plan that is based on the following: 5
1604	1604	(1) Ensures all consumers who pay a deposit have reasonably convenient opportunities to 6
1605	1605	redeem; 7
1606	1606	(2) Ensures consumers who require refunds immediately have sufficient opportunity to 8
1607	1607	receive refunds immediately; 9
1608	1608	(3) Provides appropriately convenient and equitable access in urban, suburban, and rural 10
1609	1609	areas; and 11
1610	1610	(4) Accounts for total population, population density, sales of covered beverage containers 12
1611	1611	in regions of the state, and proximity to centers of beverage sales business activity. 13
1612	1612	(b) Department evaluation of convenience standard and redemption system. 14
1613	1613	(1) The department shall evaluate the proposed convenience standard based on the 15
1614	1614	following criteria: 16
1615	1615	(i) Proximity to businesses that sell a high volume of covered beverages containers; 17
1616	1616	(ii) Additional vehicle miles traveled; 18
1617	1617	(iii) Car and public transportation access; 19
1618	1618	(iv) Population density; 20
1619	1619	(v) Environmental justice areas; 21
1620	1620	(vi) Average family income; and 22
1621	1621	(vii) Needs of people collecting large amounts of covered beverage containers for primary 23
1622	1622	or important supplemental income. 24
1623	1623	(2) At least once per year, the department may audit the redemption system to determine 25
1624	1624	whether the recycling refund producer responsibility organization is meeting the convenience 26
1625	1625	standard in an approved recycling refund program plan and the redemption system requirements in 27
1626	1626	this chapter, and the department shall conduct such an audit at least every five (5) years. 28
1627	1627	(c) Failure to meet convenience standards. In the event that the recycling refund producer 29
1628	1628	responsibility organization does not meet the convenience standards in an approved program plan 30
1629	1629	for two (2) calendar years in a row, the department may initiate rulemaking to support the recycling 31
1630	1630	refund producer responsibility organization's program plan amendment to achieve the convenience 32
1631	1631	standards in this chapter. 33
1632	1632	23-19.20-13. Redemption system. 34
1633	1633
1634	1634
1635	1635	LC002622 - Page 45 of 57
1636	1636	(a) Network for collecting qualifying covered beverage containers. 1
1637	1637	(1) The recycling refund producer responsibility organization shall, at its own cost, install, 2
1638	1638	operate, and maintain a network of covered beverage container collection mechanisms for 3
1639	1639	consumers to redeem covered beverage containers for the applicable refund value that satisfies: 4
1640	1640	(i) The convenience standard in this chapter; and 5
1641	1641	(ii) The redemption rate performance targets in this chapter. 6
1642	1642	(b) The network of covered beverage container collection mechanisms shall include a mix 7
1643	1643	of ways for consumers to redeem covered beverage containers, including express redemption sites 8
1644	1644	and full-service redemption sites at locations convenient to consumers such as nearby or in the 9
1645	1645	parking lots of retailers that sell covered beverage containers, nonprofit organization facilities, and 10
1646	1646	government sites. 11
1647	1647	(c) At a minimum, the network for collecting covered beverage containers shall: 12
1648	1648	(1) In each municipality with a population density less than one thousand (1,000) residents 13
1649	1649	per square mile, have: 14
1650	1650	(i) At least one redemption site in the municipality; 15
1651	1651	(ii) At least one redemption site within one mile of a retail establishment greater than ten 16
1652	1652	thousand square feet (10,000 ft
1653	1653	2
1654	1654	) that is within three (3) miles of the municipality's borders. 17
1655	1655	(2) In each municipality with a population density more than one thousand (1,000) 18
1656	1656	residents per square mile, have at least two (2) redemption sites; 19
1657	1657	(3) In each municipality with greater than twenty-five thousand (25,000) residents but 20
1658	1658	fewer than seventy-five thousand (75,000) residents, at least one redemption site in each zip code 21
1659	1659	tabulation area. 22
1660	1660	(d) The recycling refund producer responsibility organization may establish and dissolve 23
1661	1661	partnerships with any organization or individual to enhance redemption network operations and 24
1662	1662	better serve consumers. 25
1663	1663	(e) Redemption site requirements. 26
1664	1664	(1) All redemption sites in the recycling refund producer responsibility organization's 27
1665	1665	redemption network shall: 28
1666	1666	(i) Be clean, safe, and well-lighted; 29
1667	1667	(ii) Be accessible to persons with disabilities, including those related to mobility, hearing, 30
1668	1668	and sight; 31
1669	1669	(iii) Be readily identifiable and clearly marked as being part of the recycling refund system; 32
1670	1670	(iv) Appear on the recycling refund producer responsibility organization's website under § 33
1671	1671	23-19.20-10; 34
1672	1672
1673	1673
1674	1674	LC002622 - Page 46 of 57
1675	1675	(v) Accept for redemption all covered beverage containers; 1
1676	1676	(vi) Handle reusable containers in a manner that allows for their reuse; 2
1677	1677	(vii) Accept covered beverage containers for redemption for at least eight (8) hours on all 3
1678	1678	weekdays and one weekend day, except on federal holidays; 4
1679	1679	(viii) Post the hours of operation at a place that is clearly visible from outside; and 5
1680	1680	(ix) Provide year-round access during open hours free of charge. 6
1681	1681	(2) The department may approve a limited number of redemption sites to not comply with 7
1682	1682	all the requirements in subsection (a) of this section to reduce costs or expand the number of 8
1683	1683	redemption sites. 9
1684	1684	(f) Compensation and incentives for hosting redemption. The recycling refund producer 10
1685	1685	responsibility organization shall fairly compensate all locations hosting redemption sites for the 11
1686	1686	space occupied by the covered beverage container collection mechanisms. 12
1687	1687	(g) Retailer optionality. 13
1688	1688	(1) A retail establishment has no obligation under this chapter to host a covered beverage 14
1689	1689	container collection mechanism. 15
1690	1690	(2) A retail establishment that chooses to host a redemption site is eligible to have a self-16
1691	1691	serve kiosk, located at the retail establishment at no charge by the recycling refund producer 17
1692	1692	responsibility organization, to facilitate the printing of redemption vouchers, and pay the value of 18
1693	1693	redemption vouchers to consumers that can be used on the premises. The recycling refund producer 19
1694	1694	responsibility organization shall reimburse retailers for the value of valid vouchers redeemed by 20
1695	1695	customers. 21
1696	1696	(h) Standard bags for bag drop. 22
1697	1697	(1) A retail establishment larger than twenty thousand square feet (20,000 ft
1698	1698	2
1699	1699	) shall sell 23
1700	1700	bags for the redemption program at the price established by the recycling refund producer 24
1701	1701	responsibility organization. 25
1702	1702	(2) If the standard bags for the bag-drop program are made of plastic film, the recycling 26
1703	1703	refund producer organization shall: 27
1704	1704	(i) Ensure that the bags have a minimum of fifty percent (50%) postconsumer recycled 28
1705	1705	content; 29
1706	1706	(ii) Demonstrate, upon request of the department, that the waste film from the bags is being 30
1707	1707	recycled at responsible end markets; and 31
1708	1708	(iii) Include instructions on the bag how the bag should be utilized and recycled through a 32
1709	1709	drop-off program. 33
1710	1710	(3) The recycling refund producer organization shall credit the cost of any required bag 34
1711	1711
1712	1712
1713	1713	LC002622 - Page 47 of 57
1714	1714	purchase back to the customer when the bag is returned and processed through the deposit return 1
1715	1715	system. 2
1716	1716	23-19.20-14. Use of unredeemed deposits. 3
1717	1717	Any unredeemed deposits are to only be spent by the recycling refund producer 4
1718	1718	organization and only on any of the following purposes: 5
1719	1719	(1) Education and outreach activities to encourage redemption activity; 6
1720	1720	(2) Increasing the number of redemption sites; and 7
1721	1721	(3) Other activities that are described in the recycling refund program plan that directly 8
1722	1722	contribute to achieving the performance requirements described in § 23-19.20-17 and other 9
1723	1723	provisions of this chapter. 10
1724	1724	23-19.20-15. Refund value to drop-off facilities and material recovery facilities. 11
1725	1725	(a) Information required. 12
1726	1726	(1) Starting after the first full month that covered beverage containers are sold with the 13
1727	1727	applicable refund value and ending once the packaging program begins, the recycling refund 14
1728	1728	producer organization shall make a monthly payment directly to each material recovery facility and 15
1729	1729	drop-off facility based on data submitted by each material recovery facility drop-off facility. 16
1730	1730	(2) The recycling refund producer responsibility organization shall establish a quality 17
1731	1731	standard for each material. 18
1732	1732	(3) On a monthly basis, the operator of a material recovery facility and drop-off facility 19
1733	1733	shall submit the following information to the recycling refund producer responsibility organization: 20
1734	1734	(i) The number of tons of covered beverage containers the facility received for processing 21
1735	1735	in the previous month by material; and 22
1736	1736	(ii) The number of tons of covered beverage containers the facility transferred to additional 23
1737	1737	materials processing or end markets in the previous month by material; 24
1738	1738	(4) The recycling refund producer organization shall convert the material tons to unit 25
1739	1739	equivalent using a methodology that is published on its website and developed in consultation with 26
1740	1740	material recovery facilities. 27
1741	1741	(5) The recycling refund producer organization shall pay each material recovery facility 28
1742	1742	and drop-off facility at least fifty percent (50%) of the refund value for each covered beverage 29
1743	1743	container that the material recovery facility transferred to additional materials processing or end 30
1744	1744	markets and that meets the quality standard required by this section. 31
1745	1745	(6) Material recovery facilities shall share the payments with their customers consistent 32
1746	1746	with their supply agreements so that communities and generators receive the appropriate amount 33
1747	1747	of the refund values paid to material recovery facilities and drop-off facilities. 34
1748	1748
1749	1749
1750	1750	LC002622 - Page 48 of 57
1751	1751	(7) The operators of material recovery facilities and drop-off facilities shall use an industry-1
1752	1752	standard scale to measure the weight of all covered beverage container materials that enter the 2
1753	1753	facility. 3
1754	1754	(8) The recycling refund producer responsibility organization may conduct quarterly audits 4
1755	1755	on the quality and quantity of the material recovery facilities' and drop-off facilities' material upon 5
1756	1756	request by the organization and at the organization's expense. 6
1757	1757	(9) The recycling refund producer responsibility organization may choose to partner with 7
1758	1758	a material recovery facility or drop-off facility to provide space and install the necessary equipment 8
1759	1759	to co-locate a recycling refund processing facility in the same vicinity. 9
1760	1760	(10) Monthly payments to the material recovery facilities and drop-off facilities shall end 10
1761	1761	six (6) months after the packaging producer program plan begins to be implemented. 11
1762	1762	23-19.20-16. Recycling refund program reporting. 12
1763	1763	(a) Recycling refund producer responsibility organization annual report. 13
1764	1764	(1) By June 1, 2031, and on each June 1 thereafter, the recycling refund producer 14
1765	1765	responsibility organization shall submit a report to the department that contains, at a minimum, the 15
1766	1766	following information for the previous calendar year: 16
1767	1767	(i) Number of covered beverage containers included in the program sold in the state, by 17
1768	1768	material type and whether reusable; 18
1769	1769	(ii) Number of covered beverage containers redeemed and recycled through the program, 19
1770	1770	by material type; 20
1771	1771	(iii) Number of times reusable covered beverage containers were sold; 21
1772	1772	(iv) Number of times reusable covered beverage containers were returned through the 22
1773	1773	recycling refund program; 23
1774	1774	(v) An analysis of whether the recycling refund producer responsibility organization is on 24
1775	1775	track to reach the redemption rate performance targets specified in this chapter and the reuse rate 25
1776	1776	performance targets specified in the recycling refund program plan, and what the recycling refund 26
1777	1777	producer responsibility organization is doing to achieve the performance targets by the relevant 27
1778	1778	deadlines; 28
1779	1779	(vi) A list of redemption sites and processing facilities and their locations; 29
1780	1780	(vii) Verification of materials handled at responsible end markets; 30
1781	1781	(viii) Audited financial reports, including sources and uses of funds. 31
1782	1782	(ix) An evaluation of convenience of the program with the same criteria the department 32
1783	1783	shall use under this chapter; and 33
1784	1784	(x) A description of public awareness, education, and outreach activities undertaken by the 34
1785	1785
1786	1786
1787	1787	LC002622 - Page 49 of 57
1788	1788	recycling refund producer responsibility organization, including analyses of their efficacy. 1
1789	1789	(2) The recycling refund producer responsibility organization that submits information or 2
1790	1790	records to the department under this section may request that a portion of the information or records 3
1791	1791	be made available only for the confidential use of the department, the director, or the appropriate 4
1792	1792	division of the department. The director of the department shall give consideration to the request, 5
1793	1793	and if the director determines that this action is not detrimental to the public interest, the director 6
1794	1794	shall grant the request for the information to remain confidential. 7
1795	1795	(b) Audits. All data reported by a recycling refund producer responsibility organization 8
1796	1796	under this section shall, at the request of the department no more than once annually, be audited by 9
1797	1797	an independent third party. A recycling refund producer responsibility organization is responsible 10
1798	1798	for all costs associated with the data audit. Auditable data shall only include data held by a recycling 11
1799	1799	refund producer responsibility organization. Auditing of any data inputs to the recycling refund 12
1800	1800	producer responsibility organization is the responsibility of the recycling refund producer 13
1801	1801	responsibility organization. 14
1802	1802	(c) Action following unmet redemption rate performance target or convenience standard. 15
1803	1803	A recycling refund producer responsibility organization that fails to meet a redemption rate 16
1804	1804	performance target or convenience standard required under this chapter or approved in a recycling 17
1805	1805	refund program plan shall, within ninety (90) days of filing an annual report under this section, file 18
1806	1806	with the department an explanation of the factors contributing to the failure and propose an 19
1807	1807	amendment to the recycling refund program plan specifying changes, including in its operations 20
1808	1808	that the recycling refund producer responsibility organization will make that are designed to 21
1809	1809	achieve the redemption rate performance targets and convenience standard. 22
1810	1810	(d) Department report. By October 15, 2032, and every two (2) years thereafter, the 23
1811	1811	department shall submit a report to the governor and to the chairs and ranking minority members 24
1812	1812	of the legislative committees with jurisdiction over solid waste. The report shall contain: 25
1813	1813	(1) A summary of the operations of this act during the previous years, including the 26
1814	1814	redemption rate performance targets versus actual performance; 27
1815	1815	(2) A link to reports filed under this section; 28
1816	1816	(3) Recommendations for policy, statutory, or regulatory changes to the program; 29
1817	1817	(4) An analysis of the impacts of exempting certain materials from the definition of covered 30
1818	1818	materials and of exempting certain persons from the definition of producer; 31
1819	1819	(5) A list of efforts undertaken by the department to enforce and secure compliance with 32
1820	1820	this act; and 33
1821	1821	(6) Any other information the department deems to be relevant. 34
1822	1822
1823	1823
1824	1824	LC002622 - Page 50 of 57
1825	1825	23-19.20-17. Recycling refund program account. 1
1826	1826	(a) The recycling refund program account is created in the custody of the State of Rhode 2
1827	1827	Island treasurer. All receipts received by the department under this chapter shall be deposited in the 3
1828	1828	account. 4
1829	1829	(b) Expenditures from the account may be used by the department only for implementing, 5
1830	1830	administering, and enforcing the requirements of this chapter related to the recycling refund 6
1831	1831	program. Only the director of the department may authorize expenditures from the account. The 7
1832	1832	account is subject to the allotment procedures under this chapter, but an appropriation is not 8
1833	1833	required for expenditures. 9
1834	1834	CHAPTER 19.21 10
1835	1835	GENERAL PROVISIONS 11
1836	1836	23-19.21-1. Single producer responsibility organization. 12
1837	1837	Option for single producer responsibility organization. 13
1838	1838	(1) The department may appoint the same organization to be the packaging producer 14
1839	1839	responsibility organization and the recycling refund producer responsibility organization. 15
1840	1840	(2) If the department appoints the same organization under subsection (a)(1) of this section, 16
1841	1841	then that organization shall: 17
1842	1842	(i) Comply with all the responsibilities under this chapter of the packaging producer 18
1843	1843	responsibility organization and the recycling refund producer responsibility organization; and 19
1844	1844	(ii) Institute governance to separately implement the packaging producer program plan and 20
1845	1845	the recycling refund program plan in a coordinated manner. 21
1846	1846	23-19.21-2. Coordination plan. 22
1847	1847	Coordination plan. 23
1848	1848	(1) If the same organization is not appointed as the packaging producer responsibility 24
1849	1849	organization and the recycling refund producer responsibility organization according to the 25
1850	1850	provisions of chapters 19.19 or 19.20 of title 23, then by January 1, 2029, the packaging producer 26
1851	1851	responsibility organization and the recycling refund producer responsibility organization shall 27
1852	1852	create a coordination plan to ensure that their respective programs are complementary, operate 28
1853	1853	efficiently, and meet all targets. 29
1854	1854	(2) The coordination plan shall: 30
1855	1855	(i) Ensure consistent education and outreach messaging to consumers; 31
1856	1856	(ii) Ensure that a reciprocal compensation mechanism exists so that the recycling refund 32
1857	1857	producer responsibility organization pays the packaging producer responsibility organization for 33
1858	1858	covered beverage containers in material recovery facilities, and the packaging producer 34
1859	1859
1860	1860
1861	1861	LC002622 - Page 51 of 57
1862	1862	responsibility organization pays the recycling refund producer responsibility organization for 1
1863	1863	secondary packaging in the recycling refund system; 2
1864	1864	(iii) Evaluate packages and formats managed by each program and consider opportunities 3
1865	1865	for adding or moving packages from one program to the other; 4
1866	1866	(iv) Evaluate opportunities to coordinate identification of, and efficient access to, 5
1867	1867	processing infrastructure and markets; and 6
1868	1868	(v) Identify actions to jointly optimize infrastructure for reuse and refill programs. 7
1869	1869	23-19.21-3. General department responsibilities. 8
1870	1870	(a) Department fees. The department shall notify each producer responsibility organization 9
1871	1871	in writing of the amount of the fee for the following year to be paid with their annual registration, 10
1872	1872	which may not exceed the department's estimate of the costs required to: 11
1873	1873	(1) Administer, implement, and enforce this chapter, including staff costs; 12
1874	1874	(2) Rulemaking to implement this chapter, if applicable; 13
1875	1875	(3) Provide reimbursement for staffing for the advisory council; and 14
1876	1876	(4) Fulfill the department's responsibilities under this chapter. 15
1877	1877	(b) In setting the annual fee for each producer responsibility organization, the department 16
1878	1878	shall develop and implement a process to allocate costs to each producer responsibility organization 17
1879	1879	proportional to the costs associated with that producer responsibility organization, including costs 18
1880	1880	for future needs assessments. 19
1881	1881	(c) The department shall develop and implement a process to reconcile the fees paid by a 20
1882	1882	producer responsibility organization under this section with the actual costs incurred by the 21
1883	1883	department, by means of credits or refunds to or additional payments required of a producer 22
1884	1884	responsibility organization, as applicable. 23
1885	1885	(d) Department report. By October 15, 2034, and every two (2) years thereafter, the 24
1886	1886	department shall submit a report to the governor and to the chairs and ranking minority members 25
1887	1887	of the legislative committees with jurisdiction over solid waste. The report shall contain: 26
1888	1888	(1) A summary of the operations of this chapter during the previous years, including the 27
1889	1889	performance targets versus actual performance; 28
1890	1890	(2) A summary of the needs assessment; 29
1891	1891	(3) A link to reports filed under this section; 30
1892	1892	(4) Recommendations for policy, statutory, or regulatory changes to the program; 31
1893	1893	(5) An analysis of the impacts of exempting certain materials from the definition of covered 32
1894	1894	materials and of exempting certain persons from the definition of producer; 33
1895	1895	(6) A list of efforts undertaken by the department to enforce and secure compliance with 34
1896	1896
1897	1897
1898	1898	LC002622 - Page 52 of 57
1899	1899	this chapter; and 1
1900	1900	(7) Any other information the department deems to be relevant. 2
1901	1901	23-19.21-4. Service providers. 3
1902	1902	(a) Contracting requirements. A packaging producer responsibility organization or a 4
1903	1903	recycling refund producer responsibility organization shall require in any contract with a service 5
1904	1904	provider that the service provider: 6
1905	1905	(1) Meets performance standards established in an approved packaging producer program 7
1906	1906	plan and the recycling refund program plan; 8
1907	1907	(2) Ensures that covered materials are sent to responsible markets; and 9
1908	1908	(3) Provides documentation to the recycling refund producer responsibility organization 10
1909	1909	and packaging producer responsibility organization on the amounts, covered materials types, and 11
1910	1910	volumes of covered materials by covered service method. 12
1911	1911	(b) Bidding processes and ownership ability. For infrastructure investments included in an 13
1912	1912	approved packaging producer program plan or recycling refund program plan, a packaging 14
1913	1913	producer responsibility organization or a recycling refund producer responsibility organization 15
1914	1914	shall use the competitive bidding processes and publicly post bid opportunities, except that 16
1915	1915	preference shall be given to existing facilities, providers of services, and holders of service accounts 17
1916	1916	in the State of Rhode Island for source reduction, reuse, collection, recycling, and composting of 18
1917	1917	covered materials. 19
1918	1918	(c) No packaging producer responsibility organization or recycling refund producer 20
1919	1919	responsibility organization may own or partially own infrastructure that is used to fulfill obligations 21
1920	1920	under this chapter, except in the following circumstances: 22
1921	1921	(1) A producer may hold an ownership stake in infrastructure used to fulfill obligations 23
1922	1922	under this chapter so long as the stake was held before enactment of this chapter and the ownership 24
1923	1923	stake is fully disclosed by the producer to the packaging producer responsibility organization; or 25
1924	1924	(2) After a bidding process described in subsection (a) of this section under which no 26
1925	1925	service provider bids on the contract, the packaging producer responsibility organization or the 27
1926	1926	recycling refund producer responsibility organization may make infrastructure investments 28
1927	1927	identified under an approved packaging producer program plan or recycling refund program plan 29
1928	1928	to implement the requirements in this chapter. 30
1929	1929	(d) Contracting rates. The packaging producer responsibility organization and recycling 31
1930	1930	refund producer responsibility organization shall directly contract to pay one hundred percent 32
1931	1931	(100%) of covered services for covered materials, exclusive of exempt materials. The methodology 33
1932	1932	for contract rates shall consider estimated revenue received by service providers from the sale of 34
1933	1933
1934	1934
1935	1935	LC002622 - Page 53 of 57
1936	1936	covered materials based upon relevant material indices and incorporate relevant cost information 1
1937	1937	identified by the needs assessment. Contract rates shall be annually updated and reflect the net costs 2
1938	1938	for covered services for covered materials from covered entities, at a minimum. 3
1939	1939	(e) Contract rates shall be based on the following, as applicable by the service provided: 4
1940	1940	(1) The cost to collect covered material for recycling, a proportional share of composting, 5
1941	1941	or reuse adjusted to reflect conditions that affect those costs, varied by region or jurisdiction in 6
1942	1942	which the covered services are provided including, but not limited to: 7
1943	1943	(i) The number and type of covered entities; 8
1944	1944	(ii) Population density; 9
1945	1945	(iii) Collections methods employed; 10
1946	1946	(iv) Distance traveled by collection vehicles to consolidation or transfer facilities; to reuse, 11
1947	1947	recycling, or composting facilities; and to responsible markets; 12
1948	1948	(v) Other factors that may contribute to regional or jurisdictional cost differences; 13
1949	1949	(vi) The proportion of covered compostable materials within all source-separated 14
1950	1950	compostable materials collected or managed through composting; and 15
1951	1951	(vii) The general quality of covered materials collected by service providers; 16
1952	1952	(2) The cost to transfer collected covered materials from consolidation or transfer facilities 17
1953	1953	to reuse, processing, recycling, or composting facilities or to responsible markets; 18
1954	1954	(3) The cost to: 19
1955	1955	(i) Sort and process covered materials for sale or use and remove contamination from 20
1956	1956	covered materials by a recycling or composting facility, less the average fair market value for that 21
1957	1957	covered material based on market indices for the region; and 22
1958	1958	(ii) Manage contamination removed from collected covered material; 23
1959	1959	(4) Administrative costs of service providers, including education, public awareness 24
1960	1960	campaigns, and outreach program costs as applicable; and 25
1961	1961	(5) The costs of covered services for a refill system or covered services provided for 26
1962	1962	reusable covered materials and management of contamination. 27
1963	1963	(f) A service provider retains all revenue from the sale of covered materials. Nothing in 28
1964	1964	this chapter may restrict a service provider from charging a fee for covered services of covered 29
1965	1965	materials to the extent that payment from a packaging producer responsibility organization does 30
1966	1966	not cover all costs of services, including continued investment and innovation in operations, 31
1967	1967	operating profits, and returns on investments required by a service provider to provide sustainability 32
1968	1968	of the services. 33
1969	1969	(g) Contract rates may be calculated per ton, by household, or by another unit of 34
1970	1970
1971	1971
1972	1972	LC002622 - Page 54 of 57
1973	1973	measurement under an approved packaging producer program plan or recycling refund program 1
1974	1974	plan. 2
1975	1975	(h) Registration. By January 1, 2027, and annually thereafter, a service provider seeking 3
1976	1976	reimbursement for covered services provided under an approved program plan shall register with 4
1977	1977	the department by submitting the following information: 5
1978	1978	(1) The contact information for a person representing the service provider; 6
1979	1979	(2) The address of the service provider; and 7
1980	1980	(3) If applicable to services provided, a report of the total amount billed for collection for 8
1981	1981	covered entities, processing services, and transfer station operations provided during the preceding 9
1982	1982	calendar year and, when possible, values shall be separated for collection, transfer, and processing. 10
1983	1983	(i) Dispute resolution. A producer responsibility organization or a recycling refund 11
1984	1984	producer responsibility organization shall establish a dispute resolution process utilizing third-party 12
1985	1985	mediators for disputes related to payments. 13
1986	1986	23-19.21-5. Drop-off and material recovery facilities. 14
1987	1987	Materials recovery facilities and drop-off facilities. By April 1, 2030, and each year 15
1988	1988	thereafter, each material recovery facility and drop-off facility that receives covered materials are 16
1989	1989	to report annually to the packaging producer responsibility organization, the recycling refund 17
1990	1990	producer responsibility organization, and the department, including the following information: 18
1991	1991	(1) Amount of material accepted by supplier and location of origin (municipality, service 19
1992	1992	provider, or other); 20
1993	1993	(2) Amount of material sold to market, by commodity type; 21
1994	1994	(3) Amount of residue or waste generated; and 22
1995	1995	(4) Verification that end-markets are responsible and compliant with program 23
1996	1996	requirements. 24
1997	1997	23-19.21-6. Enforcement. 25
1998	1998	(a) Enforcement authority. The department may administratively impose a civil penalty of 26
1999	1999	up to one thousand dollars ($1,000) per violation per day on any producer who violates this chapter 27
2000	2000	and up to ten thousand dollars ($10,000) per violation per day for the second and each subsequent 28
2001	2001	violation. 29
2002	2002	(b) The department may administratively impose a civil penalty of up to one thousand 30
2003	2003	dollars ($1,000) per violation per day on any packaging producer responsibility organization or 31
2004	2004	recycling refund producer responsibility organization that violates this chapter and up to ten 32
2005	2005	thousand dollars ($10,000) per violation per day for the second and each subsequent violation in 33
2006	2006	any calendar year. 34
2007	2007
2008	2008
2009	2009	LC002622 - Page 55 of 57
2010	2010	(c) The department may, in addition to assessing the penalties provided in subsections (a) 1
2011	2011	and (b) of this section, take any combination of the following actions: 2
2012	2012	(1) Issue a corrective action order to a producer or a packaging producer responsibility 3
2013	2013	organization or a recycling refund producer responsibility organization; 4
2014	2014	(2) Issue an order to a packaging producer responsibility organization or a recycling refund 5
2015	2015	producer responsibility organization to provide for the continued implementation of the program 6
2016	2016	in the absence of an approved plan; 7
2017	2017	(3) Revoke the producer responsibility organization's plan approval and require resubmittal 8
2018	2018	of a producer responsibility; 9
2019	2019	(4) Require a producer responsibility organization to revise or resubmit a plan within a 10
2020	2020	specified time frame; or 11
2021	2021	(5) Require additional reporting related to the area of noncompliance. 12
2022	2022	(d) The department may assess a penalty on a person that engages in fraudulent activity. 13
2023	2023	The amount of the penalty that the department may assess under this section is twice the amount of 14
2024	2024	money the person received from the fraudulent activity in violation of this chapter or five hundred 15
2025	2025	dollars ($500), whichever is greater. 16
2026	2026	(e) The department may assess a penalty on a person that continues to sell or distribute 17
2027	2027	covered beverage containers of a producer that has been assessed a penalty under subsection (a) of 18
2028	2028	this section, sixty (60) days after the person receives a written warning from the department. The 19
2029	2029	amount of the penalty that the department may assess under this subsection is twice the value of 20
2030	2030	the covered beverage containers sold in violation of this chapter or five hundred dollars ($500), 21
2031	2031	whichever is greater. The department shall waive the penalty upon verification that the person has 22
2032	2032	discontinued distribution or sales of the covered beverage containers within thirty (30) days of the 23
2033	2033	date the penalty is assessed. 24
2034	2034	(f) For a producer or producer responsibility organization out of compliance with the 25
2035	2035	requirements of this chapter, the department shall provide written notification and offer 26
2036	2036	information. For the purposes of this section, written notification serves as notice of the violation. 27
2037	2037	The department shall issue at least one notice of violation by certified mail prior to assessing a 28
2038	2038	penalty and the department may only impose a penalty on a producer that has not met the 29
2039	2039	requirements of this chapter sixty (60) days following the date the written notification of the 30
2040	2040	violation was received. 31
2041	2041	(g) Any person who incurs a penalty or receives an order may appeal the penalty or order 32
2042	2042	pursuant to the chapter 35 of title 42 ("administrative procedures"). 33
2043	2043	(h) Penalties levied under this section shall be deposited in the recycling refund program 34
2044	2044
2045	2045
2046	2046	LC002622 - Page 56 of 57
2047	2047	account or packaging producer responsibility program account. 1
2048	2048	23-19.21-7. Anti-competitive conduct. 2
2049	2049	Immunity. A packaging producer responsibility organization or a recycling refund 3
2050	2050	producer responsibility organization that arranges collection, recycling, composting, source 4
2051	2051	reduction, or reuse services under this chapter may engage in anticompetitive conduct to the extent 5
2052	2052	necessary to plan and implement collection, recycling, composting, source reduction, or reuse 6
2053	2053	systems to meet the obligations under this chapter, and is immune from liability under State of 7
2054	2054	Rhode Island laws relating to antitrust, restraint of trade, and unfair trade practices. 8
2055	2055	23-19.21-8. Rulemaking. 9
2056	2056	The department may adopt rules to implement this chapter. 10
2057	2057	SECTION 2. This act shall take effect upon passage. 11
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2059	2059	LC002622
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2061	2061
2062	2062
2063	2063	LC002622 - Page 57 of 57
2064	2064	EXPLANATION
2065	2065	BY THE LEGISLATIVE COUNCIL
2066	2066	OF
2067	2067	A N A C T
2068	2068	RELATING TO HEALTH AND SAFETY
2069	2069	***
2070	2070	This act would create multiple chapters to provide and establish a comprehensive program 1
2071	2071	for extended producer responsibility for packaging and paper, and for recycling of beverage 2
2072	2072	containers. This act would also provide general provisions for oversight of single-producer 3
2073	2073	organizations. This act would also establish the department of environmental management as the 4
2074	2074	lead department in overseeing, implementing, and enforcing the provisions of this act. 5
2075	2075	This act would take effect upon passage. 6
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2077	2077	LC002622
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