Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0939 Compare Versions

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

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5	5	2025 -- S 0939
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7	7	LC002567
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO HEALTH AND SAFETY -- EXTENDED PRODUCER RESPONSIBILITY
16	16	FOR PACKAGING AND PAPER ACT
17	17	Introduced By: Senator Jacob Bissaillon
18	18	Date Introduced: April 04, 2025
19	19	Referred To: Senate Environment & Agriculture
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 chapter: 2
25	25	CHAPTER 19.19 3
26	26	EXTENDED PRODUCER RESPONSIBILITY FOR PACKAGING AND PAPER ACT 4
27	27	23-19.19-1. Legislative intent. 5
28	28	(a) This chapter shall be known and may be cited as the "Extended Producer Responsibility 6
29	29	For Packaging and Paper Act." 7
30	30	(b) The legislature finds that valuable resources are wasted when products are disposed 8
31	31	instead of recycled or reused and that state and local policy have created a municipal recycling 9
32	32	system that lacks coordination, adequate funding, and accountability. Product producers have a 10
33	33	responsibility to correct these shortcomings by funding municipal recycling programs; improving 11
34	34	those programs; and coordinating their planning, performance, and effectiveness. Producer 12
35	35	responsibility is in the public interest of the state and furthers environmental objectives, including 13
36	36	the establishment of a circular economy, preserving resources, and reducing carbon and other 14
37	37	emissions associated with primary production. 15
38	38	23-19.19-2. Definitions. 16
39	39	As used in this chapter, unless the context requires otherwise: 17
40	40	(1) "Advisory board" means the producer responsibility program for the statewide 18
41	41
42	42
43	43	LC002567 - Page 2 of 33
44	44	recycling advisory board created in § 23-19.19-3. 1
45	45	(2) "Baseline assessment" means the assessment of the state's recycling baseline conducted 2
46	46	pursuant to § 23-19.19-5. 3
47	47	(3) "Collection" means the gathering and transportation of covered materials from covered 4
48	48	entities for the purpose of recycling. 5
49	49	(4) "Collection rate" means the weight of covered materials that are collected under the 6
50	50	program in a calendar year divided by the weight of covered materials used for products sold or 7
51	51	distributed by producers within or into the state in the same calendar year, expressed as a 8
52	52	percentage. 9
53	53	(5) "Compost" means the material or product that is developed under controlled conditions 10
54	54	and that results from biological degradation processes by which organic wastes decompose. 11
55	55	(6) "Compostable" means a covered material associated with organic waste streams that is 12
56	56	capable of undergoing aerobic biological decomposition in a controlled composting system as 13
57	57	demonstrated by meeting ASTM D6400 or ASTM D6868, or any successor standards. 14
58	58	(7) "Compost facility" means a site where compost is produced and includes only those 15
59	59	facilities that readily accept and process packaging collected from consumers. 16
60	60	(8) "Consumer" means any person who purchases or receives covered materials in the state 17
61	61	and is located at a covered entity. 18
62	62	(9) "Covered entity" means the following locations in the state from which covered 19
63	63	materials are collected: 20
64	64	(i) All single-family residences in the state; and 21
65	65	(ii) All multifamily residences in the state. 22
66	66	(10) "Covered materials" includes: 23
67	67	(i) Packaging as defined in this section; and 24
68	68	(ii) Paper products as defined in this section. 25
69	69	(11) "Covered services" means services provided for the recycling, composting, or reuse 26
70	70	of covered materials, including the collection from covered entities through various means, 27
71	71	including curbside and drop-off services; transportation of collected materials; sorting and 28
72	72	contamination removal; and processing of covered materials for end markets. 29
73	73	(12) "Covered services costs" means the reasonable net costs of recycling, composting, or 30
74	74	reuse programs to provide covered services, including applicable costs related to: 31
75	75	(i) The administration of the programs; 32
76	76	(ii) Capital investments in the programs; 33
77	77	(iii) The collection, transportation, sorting, and processing of covered materials net of the 34
78	78
79	79
80	80	LC002567 - Page 3 of 33
81	81	commodity value earned from the sale of materials; 1
82	82	(iv) Public education about the programs; and 2
83	83	(v) Disposal of nonmarketable collected covered materials. 3
84	84	(13) "Department" means the department of environmental management. 4
85	85	(14) "Director" means the director of the department of environmental management. 5
86	86	(15) "Environmentally sound management practices" means policies that ensure 6
87	87	compliance with all applicable environmental laws, including laws addressing: 7
88	88	(i) Record keeping; 8
89	89	(ii) Tracking and documenting the disposition of covered materials collected from covered 9
90	90	entities; and 10
91	91	(iii) Environmental liability coverage for professional services and contractor operations. 11
92	92	(16) "Materials recovery facility" means a facility for processing covered materials that are 12
93	93	collected for recycling before they are conveyed to end-market businesses. 13
94	94	(17) "Minimum recyclable or compostable lists" means the lists of covered materials 14
95	95	eligible for collection and reimbursement, developed under § 23-19.19-9. 15
96	96	(18) "Nonprofit organization" means a tax-exempt charitable or social welfare organization 16
97	97	operating under 26 U.S.C. §§ 501 (c)(3) or (4) of the federal "Internal Revenue Code of 1986 as 17
98	98	amended". 18
99	99	(19) "Packaging" or "consumer packaging" means any material, regardless of recyclability, 19
100	100	which is intended for short-term use and is used for the containment, protection, handling, or 20
101	101	delivery of products to the consumer at the point of sale, including through an Internet transaction. 21
102	102	(i) Packaging includes products supplied to or purchased by consumers for the express 22
103	103	purpose of facilitating food or beverage consumption and that are: 23
104	104	(A) Ordinarily disposed of after short-term use; and 24
105	105	(B) Not designed for reuse or refill. 25
106	106	(ii) Packaging includes paper, plastic, glass, metal, cartons, flexibles, foams, rigid 26
107	107	packaging, or other materials or combinations of these materials. 27
108	108	(iii) Packaging does not include: 28
109	109	(A) Packaging that is not sold or distributed to covered entities; 29
110	110	(B) Packaging used solely in transportation or distribution to non-consumers; 30
111	111	(C) Packaging used exclusively in industrial or manufacturing processes; 31
112	112	(D) Packaging used for products sold or distributed outside the state; 32
113	113	(E) Packaging intended to be used for the long-term storage or protection of a durable 33
114	114	product and that is intended to transport, protect, or store the product for at least five (5) years; 34
115	115
116	116
117	117	LC002567 - Page 4 of 33
118	118	(F) Beverage containers subject to a returnable container deposit, if applicable; 1
119	119	(G) Packaging used to contain a product that is regulated as a drug, medical device, or 2
120	120	dietary supplement by the federal food and drug administration under the "Federal Food, Drug, and 3
121	121	Cosmetic Act", 21 U.S.C. Ch. 9 § 301 et seq., as amended, or any related federal regulations 4
122	122	promulgated thereunder, or any equipment and materials used to manufacture such products; 5
123	123	(H) Packaging used to contain a product that is regulated as animal biologics, including 6
124	124	vaccines, bacterins, antisera, diagnostic kits, and other products of biological origin under the 7
125	125	federal "Virus-Serum-Toxin Act", 21 U.S.C. Ch. 5 § 151-159, as amended; 8
126	126	(I) Packaging used to contain a product that is regulated under the "Federal Insecticide, 9
127	127	Fungicide, and Rodenticide Act", 7 U.S.C. Ch. 6 § 136-136y, as amended; or 10
128	128	(J) Packaging used to contain a product that is required under state law to be sold in 11
129	129	packaging material that meets the standards set forth in the "Poison Prevention Packaging Act of 12
130	130	1970", 15 U.S.C. Ch. 39A § 1471 et seq., as amended. 13
131	131	(20) "Paper products" means paper and other cellulosic fibers, whether or not they are used 14
132	132	as a medium for text or images, including flyers, brochures, booklets, telephone and other 15
133	133	directories, newspapers, magazines and other periodicals, and paper used for writing or any other 16
134	134	purpose; provided, however, paper products do not include: 17
135	135	(i) Paper products that, through their use, could become unsafe or unsanitary to handle; or 18
136	136	(ii) Bound books. 19
137	137	(21) "Postconsumer recycled content rate" means the average amount of postconsumer 20
138	138	recycled material used by a producer in the production of covered materials in a calendar year 21
139	139	divided by the amount of that type of covered material sold or distributed by producers within or 22
140	140	into their United States market territory in the same calendar year, expressed as a percentage. 23
141	141	(22) "Postconsumer recycled material" means only those covered materials that have 24
142	142	served their intended end use as consumer items and that have been separated or diverted from the 25
143	143	waste stream for the purposes of collection and recycling as a secondary material feedstock. 26
144	144	(i) Postconsumer recycled material includes returns of material from the distribution chain. 27
145	145	(ii) Postconsumer recycled material does not include waste material generated during or 28
146	146	after the completion of a manufacturing process. 29
147	147	(23) "Processing" means preparing collected covered materials at a materials recovery 30
148	148	facility or similar establishment for sale or delivery to material reclaimers or end markets. 31
149	149	(24) "Producer" means the following person responsible for compliance with requirements 32
150	150	under this chapter for a covered material introduced: 33
151	151	(i) For items sold in or with packaging at a physical retail location in this state: 34
152	152
153	153
154	154	LC002567 - Page 5 of 33
155	155	(A) If the item is sold in or with packaging under the brand of the item manufacturer or is 1
156	156	sold in packaging that lacks identification of a brand, the producer is the person that manufactures 2
157	157	the item; 3
158	158	(B) If there is no person to which subsection (24)(i)(A) of this section applies, the producer 4
159	159	is the person that is licensed to manufacture and sell or offer for sale to consumers in this state an 5
160	160	item with packaging under the brand or trademark of another manufacturer or person; 6
161	161	(C) If there is no person to which subsections (24)(i)(A) or (24)(i)(B) of this section apply, 7
162	162	the producer is the brand owner of the item; 8
163	163	(ii) If there is no person described in subsection (24)(i) of this section within the United 9
164	164	States, the producer is the person who is the importer of record for the item into the United States 10
165	165	for use in a commercial enterprise that sells, offers for sale, or distributes the item in this state; or 11
166	166	(iii) If there is no person described in subsections (24)(i) or (24)(ii) of this section, the 12
167	167	producer is the person that first distributes the item in or into this state; 13
168	168	(iv) For items sold or distributed in packaging in or into this state via e-commerce, remote 14
169	169	sale, or distribution: 15
170	170	(A) For packaging used to directly protect or contain the item, the producer of the 16
171	171	packaging is the same as the producer identified under subsection (24)(i) of this section; and 17
172	172	(B) For packaging used to ship the item to a consumer, the producer of the packaging is 18
173	173	the person that packages the item to be shipped to the consumer; 19
174	174	(v) For packaging that is a covered material and is not included in subsections (24)(i) or 20
175	175	(24)(ii) of this section, the producer of the packaging is the person that first distributes the item in 21
176	176	or into this state; 22
177	177	(vi) For paper products that are magazines, catalogs, telephone directories, or similar 23
178	178	publications, the producer is the publisher; 24
179	179	(vii) For paper products not described in subsections (24)(i) through (24)(vi) of this section: 25
180	180	(A) If the paper product is sold under the manufacturer's own brand, the producer is the 26
181	181	person that manufactures the paper product; 27
182	182	(B) If there is no person to which subsection (24)(vii)(A) of this section applies, the 28
183	183	producer is the person that is the owner or licensee of a brand or trademark under which the paper 29
184	184	product is used in a commercial enterprise, sold, offered for sale, or distributed in or into this state, 30
185	185	whether or not the trademark is registered in this state; 31
186	186	(C) If there is no person to which subsection (24)(vii)(A) or (24)(B) of this section applies, 32
187	187	the producer is the brand owner of the paper product; 33
188	188	(D) If there is no person described in subsections (24)(vii)(A) through (24)(C) of this 34
189	189
190	190
191	191	LC002567 - Page 6 of 33
192	192	section within the United States, the producer is the person that imports the paper product into the 1
193	193	United States for use in a commercial enterprise that sells, offers for sale, or distributes the paper 2
194	194	product in this state; or 3
195	195	(E) If there is no person described in subsections (24)(vii)(A) through (24)(vii)(D) of this 4
196	196	section, the producer is the person that first distributes the paper product in or into this state. 5
197	197	(viii) A person is the producer of a covered material sold, offered for sale, or distributed in 6
198	198	or into this state, as defined in the prior subsections, except where another person has mutually 7
199	199	signed an agreement with a producer as defined herein that contractually assigns responsibility to 8
200	200	the person as the producer, and the person has joined a registered producer responsibility 9
201	201	organization as the responsible producer for that covered material under this chapter. In the event 10
202	202	that another person is assigned responsibility as the producer under subsections (24)(i) through 11
203	203	(24)(vii) of this section, the producer shall provide written certification of that contractual 12
204	204	agreement to the producer responsibility organization; and 13
205	205	(ix) If the producer described in subsections (24)(i) through (24)(viii) of this section is a 14
206	206	business operated, wholly or in part, as a franchise, the producer is the franchisor if that franchisor 15
207	207	has franchisees that have a commercial presence within the state. 16
208	208	(x) The following are excluded from the definition of producer under this chapter: 17
209	209	(A) A person with less than five million dollars ($5,000,000) in realized gross total revenue 18
210	210	during the prior calendar year. The department shall adjust by rule this dollar limit on July 1 of 19
211	211	each year after enactment using the percentage change in an appropriate consumer price index for 20
212	212	the region; 21
213	213	(B) A person that has used less than one ton of covered materials for products sold or 22
214	214	distributed within or into the state during the prior calendar year; 23
215	215	(C) The state or a local government; and 24
216	216	(D) A nonprofit organization. 25
217	217	(25) "Producer responsibility organization" or "organization" means a nonprofit 26
218	218	organization established pursuant to § 23-19.19-4 to implement the program. 27
219	219	(26) "Producer responsibility program" or "program" means the producer responsibility 28
220	220	program for statewide recycling, composting, and reuse created in accordance with this chapter. 29
221	221	(27) "Proprietary information" means information that, if made public, would divulge 30
222	222	competitive business information or trade secrets of the entity that developed the information or 31
223	223	would reasonably hinder the entity's competitive advantage in the market. 32
224	224	(28) "Readily recyclable or compostable material" means a covered material included on 33
225	225	the minimum recyclable or compostable lists. 34
226	226
227	227
228	228	LC002567 - Page 7 of 33
229	229	(29) "Recycling" means the reprocessing, by means of a manufacturing process, of a used 1
230	230	material into a product or a secondary raw material. Recycling does not include: 2
231	231	(i) Energy recovery or energy generation by means of combustion; 3
232	232	(ii) Use as a fuel; or 4
233	233	(iii) Use as alternative daily cover at a landfill. 5
234	234	(30) "Recycling rate" means the weight of covered materials that are recycled under the 6
235	235	program in a calendar year divided by the weight of covered materials used for products sold or 7
236	236	distributed by producers within or into the state in the same calendar year, expressed as a 8
237	237	percentage. The recycling rate is measured at the point where collected covered materials have been 9
238	238	prepared for sale or delivery to material reclaimers or end markets after processing at a materials 10
239	239	recovery facility or similar establishment that sells directly to reclaimers or end markets. 11
240	240	(31) "Responsible end market" means a materials market in which the recycling, 12
241	241	composting, or reuse of materials or the disposal of contaminants is conducted in a way that benefits 13
242	242	the environment and minimizes risks to public health and worker health and safety. 14
243	243	(32) "Retailer" means a person that sells products to consumers within or into the state, 15
244	244	including sales made through an Internet transaction, where those products are covered materials 16
245	245	or are packaged with covered materials. 17
246	246	(33) "Reuse" or "refill" means the return into the marketplace of a covered material that 18
247	247	has already been used in the same manner as originally intended without a change in the covered 19
248	248	material's purpose and was intended to be used for its original purpose at least five (5) times. 20
249	249	(34) "Service provider" means a public or private entity, other than the producer 21
250	250	responsibility organization, which provides recycling, composting, or reuse services to covered 22
251	251	entities in the state. 23
252	252	23-19.19-3. Advisory board. 24
253	253	(a)(1) The producer responsibility program for statewide recycling advisory board is 25
254	254	hereby created within the department. The department may select an impartial third-party facilitator 26
255	255	to convene and provide administrative support to the advisory board. 27
256	256	(2) The advisory board consists of the following thirteen (13) voting members and two (2) 28
257	257	nonvoting members appointed by the director: 29
258	258	(i) Three (3) voting members representing local governments in the state, including: 30
259	259	(A) One member representing a city with a population greater than one hundred fifty 31
260	260	thousand (150,000); 32
261	261	(B) One member representing a coastal city or town; and 33
262	262	(C) One member representing a non-coastal city or town; 34
263	263
264	264
265	265	LC002567 - Page 8 of 33
266	266	(ii) One voting member representing a materials recovery facility in the state that processes 1
267	267	covered materials from covered entities; 2
268	268	(iii) One voting member representing a private sector collector of recyclable covered 3
269	269	materials from covered entities; 4
270	270	(iv) One voting member representing an environmental or community-based nonprofit 5
271	271	organization; 6
272	272	(v) One voting member representing a packaging material supplier that is not a producer, 7
273	273	with the member rotating to a supplier of a different type of packaging material after each new 8
274	274	term; 9
275	275	(vi) One voting member representing a manufacturer of recycled paper products that is not 10
276	276	a producer; 11
277	277	(vii) One voting member representing a trade association, chamber of commerce, or other 12
278	278	business advocacy organization representing businesses in the state; 13
279	279	(viii) One voting member representing a retailer's association or a retailer that is not a 14
280	280	producer; 15
281	281	(ix) One voting member representing a compost facility in the state that handles covered 16
282	282	materials; 17
283	283	(x) One voting member who has experience in environmental justice and represents 18
284	284	underserved communities in the state; 19
285	285	(xi) One voting member representing a solid waste landfill or transfer station operating an 20
286	286	on-site, public-facing recycling collection program; 21
287	287	(xii) One nonvoting member representing the department; and 22
288	288	(xiii) One nonvoting member representing the producer responsibility organization. 23
289	289	(b)(1) The members of the advisory board shall have relevant knowledge and expertise in 24
290	290	recycling programs or the impact of covered materials on the state and the environment. In 25
291	291	appointing members, the director shall ensure to the extent possible the geographic diversity of the 26
292	292	advisory board's membership. 27
293	293	(2) The director shall make all appointments to the advisory board no later than December 28
294	294	31, 2025. The appointments for initial terms to the advisory board shall be staggered in order that 29
295	295	some of the members serve initial two (2) year terms and other members serve initial three (3) year 30
296	296	terms; all subsequent appointments shall be for three (3) year terms. The director shall fill any 31
297	297	vacancy by appointment for the remainder of the unexpired term. 32
298	298	(3) The advisory board shall convene its first meeting no later than March 1, 2026. At the 33
299	299	first meeting, the voting members shall select a chair and vice-chair from among the voting 34
300	300
301	301
302	302	LC002567 - Page 9 of 33
303	303	members for a term not to exceed two (2) years, as determined by the advisory board. The advisory 1
304	304	board shall conduct annual meetings and may conduct meetings more frequently upon the request 2
305	305	of the chair or of at least seven (7) of the voting members of the advisory board. The decisions of 3
306	306	the advisory board shall be made by a vote of the majority of its membership. The organization 4
307	307	may provide technical and staff assistance to the advisory board. 5
308	308	(4) The advisory board is subject to the open meetings provisions of chapter 46 of title 42 6
309	309	("open meetings"). 7
310	310	(5) Advisory board members shall be entitled to be reimbursed at a rate consistent with 8
311	311	other boards and commissions created within the department for necessary travel within the state 9
312	312	and other reasonable expenses incurred in the performance of their official duties. 10
313	313	(6) The advisory board shall: 11
314	314	(i) Advise the organization throughout the baseline assessment process in accordance with 12
315	315	the provisions of this chapter; 13
316	316	(ii) Review the baseline assessment reported to the advisory board pursuant to the 14
317	317	provisions of this chapter; 15
318	318	(iii) Review the plan proposal submitted pursuant to § 23-19.19-6; 16
319	319	(iv) Consult with the organization on amendments to the plan proposal and the amended 17
320	320	plan proposal; 18
321	321	(v) Recommend that the director approve or reject the plan proposal or amended plan 19
322	322	proposal; 20
323	323	(vi) Review the annual report submitted by the organization pursuant to § 23-19.19-12 and 21
324	324	may, in consultation with the organization, recommend to the director amendments to the final plan 22
325	325	as part of this review; and 23
326	326	(vii) Consult with the organization on the development and updating of the minimum 24
327	327	recyclable or compostable list. 25
328	328	23-19.19-4. Producer responsibility organizations and service providers. 26
329	329	(a) On or before March 31, 2026, the director shall approve a single producer responsibility 27
330	330	organization to represent the interests of producers under this chapter. Prospective organizations 28
331	331	shall apply by February 1, 2026, for recognition by submitting to the commissioner contact 29
332	332	information, proof of or application for nonprofit status, and the producers it represents. 30
333	333	(b) In the event that the director receives multiple applications, the approved organization 31
334	334	shall be the one best able to represent producers based on the market share of covered materials 32
335	335	represented by the organization and its experience as an organization in states or 33
336	336	countries/provinces with similar programs. 34
337	337
338	338
339	339	LC002567 - Page 10 of 33
340	340	(c) The organization designated by the director pursuant to this section shall have a 1
341	341	governing board with voting members that represent a diverse range of producers by size and type 2
342	342	and represent producers of different types of covered materials. The members of the governing 3
343	343	board shall not have more than one member per corporate entity. 4
344	344	(d) The producer responsibility organization shall: 5
345	345	(1) Facilitate a baseline assessment in consultation with the advisory board; 6
346	346	(2) Consult with the advisory board in the development of the plan proposal prior to its 7
347	347	submission, including in the development of the cost formulas for reimbursements to service 8
348	348	providers pursuant to §§ 23-19.19-6, 23-19.19-7, and 23-19.19-8; 9
349	349	(3) Submit a plan proposal in accordance with §§ 23-19.19-6, 23-19.19-7, and 23-19.19-8 10
350	350	that covers a period of five (5) years; and 11
351	351	(4) Operate and administer the program in accordance with the final plan, the provisions 12
352	352	of this chapter, and the rules and regulations adopted by the department under this chapter. 13
353	353	(d)(1) Beginning January 1, 2033, and every January 1 thereafter, a nonprofit organization 14
354	354	may request that the director designate that organization as an additional producer responsibility 15
355	355	organization. 16
356	356	(2) The director may designate a nonprofit organization as an additional producer 17
357	357	responsibility organization if the director, in coordination with the advisory board, determines that 18
358	358	the designation of the additional producer responsibility organization is necessary to: 19
359	359	(i) Increase recycling rates for covered materials; 20
360	360	(ii) Expand covered services to covered entities that are not covered under the final plan; 21
361	361	(iii) Provide recycling services for a specific type of covered material; or 22
362	362	(iv) Lower costs. 23
363	363	(e) If the director designates an additional producer responsibility organization, the 24
364	364	additional organization shall submit to the director an additional plan consistent with §§ 23-19.19-25
365	365	6, 23-19.19-7, and 23-19.19-8 requirements as appropriate as well as a coordination plan meeting 26
366	366	the requirements developed under this section. The additional plan shall be subject to the same 27
367	367	review and approval processes as the organization's plan as outlined in §§ 23-19.19-6, 23-19.19-7, 28
368	368	and 23-19.19-8. 29
369	369	(f) Within one hundred twenty (120) days after the designation of the first additional 30
370	370	producer responsibility organization, the director shall promulgate by rules and regulation 31
371	371	standards and requirements for a coordination plan and for coordination between the organization 32
372	372	and any additional producer responsibility organizations designated by the director. A coordination 33
373	373	plan shall also include a method for allocating administrative and enforcement reimbursements 34
374	374
375	375
376	376	LC002567 - Page 11 of 33
377	377	under § 23-19.19-17 among organizations. A coordination plan approved or ordered by the director 1
378	378	shall be implemented by the organization and any additional producer responsibility organizations 2
379	379	designated by the director. If the coordination plan conflicts with the final plan or any other plan 3
380	380	approved by the director pursuant to this chapter, the provisions of the coordination plan prevail. 4
381	381	A coordination plan approved or ordered by the director is valid until revoked or until a new 5
382	382	coordination plan is approved or ordered by the director. 6
383	383	(g) Registration of service providers. By January 1, 2027, and annually thereafter, a service 7
384	384	provider seeking reimbursement for covered services provided under an approved program plan 8
385	385	shall register with the department by submitting the following information: 9
386	386	(1) The contact information for a person representing the service provider; 10
387	387	(2) The address of the service provider; and 11
388	388	(3) If applicable to services provided, a report of the total amount billed for collection for 12
389	389	covered entities, processing services, and transfer station operations provided during the preceding 13
390	390	calendar year and, when possible, values shall be separated for collection, transfer, and processing. 14
391	391	(h) The organization, any additional producer responsibility organization, and any person 15
392	392	administering a plan approved by the director pursuant to this chapter shall maintain all documents 16
393	393	and records necessary for the director to determine compliance with this chapter and submit any 17
394	394	such documents and records to the director upon a request by the director. 18
395	395	23-19.19-5. Baseline assessment. 19
396	396	(a) On or before August 1, 2026, the organization shall hire an independent third party 20
397	397	approved by the director to develop a baseline of the state's recycling system. The organization 21
398	398	shall develop a request for proposals for the baseline assessment and shall consult with the advisory 22
399	399	board on the scope of the assessment prior to finalizing the scope and putting the work out to bid. 23
400	400	(b) The baseline assessment is a compilation of information collected from service 24
401	401	providers in the state, both public and private, that currently provide recycling and/or composting 25
402	402	services for covered materials. As this information is critical to developing a plan, service providers 26
403	403	shall respond to data requests from the third-party organization contracted for this work or be 27
404	404	subject to enforcement action under § 23-19.19-13. The third party, organization, department, and 28
405	405	advisory board shall keep confidential any proprietary information from a service provider. 29
406	406	(c) Collection service. The scope of the baseline data collection shall include, but not be 30
407	407	limited to: 31
408	408	(1) Access to covered material recycling and composting service for residential customers 32
409	409	of the service providers, including households served, type of service provided (e.g., single-stream 33
410	410	curbside, drop-off), types of collection containers used, materials accepted, frequency of service 34
411	411
412	412
413	413	LC002567 - Page 12 of 33
414	414	provided where relevant, and length of contracts; 1
415	415	(2) Weight of material collected per time period and the capacity of the current collection 2
416	416	method; and 3
417	417	(3) Total cost of service and households served or contracted rates for service (e.g., dollars 4
418	418	per household) and the services covered by the rates. 5
419	419	(d) Processing. The scope of the baseline data collection shall include, but not be limited 6
420	420	to: 7
421	421	(1) The material throughput at processing facilities providing recycling services to covered 8
422	422	entities and the facilities' capacity for processing material; 9
423	423	(2) The design and capabilities of the facility (e.g., single vs dual stream, use of optical 10
424	424	sorters); 11
425	425	(3) Composition of tons received and composition of tons processed and sold; 12
426	426	(4) Tip fees charged for processing; and 13
427	427	(5) Data on contamination. 14
428	428	(e) Additional data. The scope of the baseline assessment may include: 15
429	429	(1) The market conditions and opportunities for the use of recycled covered materials in 16
430	430	the state and region and issues with access to markets for recycled covered materials; 17
431	431	(2) Size and number of transfer stations and transfer locations for recyclable covered 18
432	432	materials; 19
433	433	(3) The availability and scope of any reuse or refill systems in the state affecting the use of 20
434	434	covered materials; 21
435	435	(4) Access to, capacity, technology used, and characteristics of compost facilities to process 22
436	436	and recover compostable covered materials; and 23
437	437	(5) Recommendations for covered materials that meet the criteria for inclusion on the 24
438	438	collection lists described in § 23-19.19-9, including materials that may be appropriate for inclusion 25
439	439	in an alternative collection program. 26
440	440	(f) On or before January 31, 2027, the organization shall deliver a draft of the needs 27
441	441	assessment to the advisory board and the department. The advisory board and the department shall 28
442	442	submit comments to the organization within thirty (30) days, and the organization shall finalize the 29
443	443	needs assessment by April 30, 2027, including a summary of any comments received and 30
444	444	significant changes made to the needs assessment based on those comments. 31
445	445	23-19.19-6. Program plan. 32
446	446	On or before December 31, 2027, the organization shall submit a proposed program plan 33
447	447	to the advisory board that addresses covered services for covered entities. The plan shall cover a 34
448	448
449	449
450	450	LC002567 - Page 13 of 33
451	451	period of five (5) years, and an updated plan proposal shall be submitted to the advisory board one 1
452	452	year before the expiration of the current plan. In developing the plan proposal and any updated plan 2
453	453	proposals, the organization shall solicit and consider input from the advisory board and provide an 3
454	454	opportunity for additional stakeholder input. 4
455	455	23-19.19-7. Approval of program plan. 5
456	456	To be approved, a program plan proposal shall: 6
457	457	(1) Provide contact information for the organization and a representative of the 7
458	458	organization; 8
459	459	(2) Describe how the plan proposal will address and implement the findings of the baseline 9
460	460	assessment; 10
461	461	(3) Describe the manner in which the organization solicited and considered input from 11
462	462	stakeholders and the advisory board in developing the plan proposal. The organization shall provide 12
463	463	a summary of any comments about the plan proposal from the advisory board and additional 13
464	464	stakeholders and identify changes made to the plan proposal based on the comments; 14
465	465	(4) Describe how the organization will notify affected producers of their obligations under 15
466	466	this chapter, track compliance among producers, and collaborate with the director to bring 16
467	467	producers into compliance; 17
468	468	(5) Include a comprehensive list of the covered materials included in the program and the 18
469	469	mechanism for producers to report data on covered materials to the organization; 19
470	470	(6) Establish recycling practices that: 20
471	471	(i) Meet or exceed the convenience standards for covered materials on the proposed 21
472	472	collection lists, including any alternative collection programs as described in § 23-19.19-9; 22
473	473	(ii) Use open, competitive, and fair procurement practices when entering into contracts 23
474	474	with service providers; 24
475	475	(iii) Incorporate preferences for service providers with strong labor standards and worker 25
476	476	safety practices when entering into contracts with private service providers; 26
477	477	(iv) Ensure that any covered materials collected and processed for recycling or composting 27
478	478	will be transferred to a responsible end market; and 28
479	479	(v) Use environmentally sound management practices; 29
480	480	(7) Describe how the organization will work with newspaper publishers and magazine and 30
481	481	periodical publishers to accept print or online advertising in lieu of all or a portion of the producer 31
482	482	responsibility dues for newspapers, magazines, and periodicals circulated within the state; 32
483	483	(8) Establish a funding mechanism for the program that: 33
484	484	(i) Does not exceed the direct and indirect costs of implementing the program, including 34
485	485
486	486
487	487	LC002567 - Page 14 of 33
488	488	the costs of: 1
489	489	(A) Providing covered services under the program through contracts with service providers 2
490	490	or reimbursement of reasonable covered services costs pursuant to this section; 3
491	491	(B) Meeting the reporting requirements set forth in § 23-19.19-12; 4
492	492	(C) Conducting the baseline assessment; 5
493	493	(D) Developing and updating the final plan; 6
494	494	(E) Implementing the education and outreach program set forth in § 23-19.19-10; 7
495	495	(F) Reimbursing the department pursuant to § 23-19.19-17 for its costs in administering 8
496	496	and implementing this chapter, including the costs of the advisory board; and 9
497	497	(G) Reimbursing the department pursuant to § 23-19.19-17 for the costs of enforcing this 10
498	498	chapter pursuant to § 23-19.19-13; 11
499	499	(ii) Is funded through producer responsibility dues. The producer responsibility dues shall 12
500	500	vary by the type of covered material, whether or not the material is readily recyclable, and be based 13
501	501	on the net covered services costs for each covered material in the state as well as allocated fixed 14
502	502	costs of the organization for administration, education and outreach, and other costs not linked to 15
503	503	material type. 16
504	504	(iii) Requires: 17
505	505	(A) Any surplus money generated by the program to be placed back into the program for 18
506	506	program improvements or a reduction in producer responsibility dues; 19
507	507	(B) The organization to maintain a financial reserve sufficient to operate the program in a 20
508	508	fiscally prudent and responsible manner; and 21
509	509	(C) Annual updates to the producer responsibility dues schedule to reflect changes in 22
510	510	program costs and relevant plan revisions and how the organization will inform and solicit input 23
511	511	from producers in setting and revising the annual producer responsibility dues schedule; 24
512	512	(iv) Includes eco-modulation factors that lower producer responsibility dues to incentivize: 25
513	513	(A) Reductions in the amount of packaging used for products, including through design 26
514	514	innovations and elimination of unnecessary or redundant packaging; 27
515	515	(B) Innovations and practices to enhance the recyclability, compostability, or commodity 28
516	516	value of covered materials; 29
517	517	(C) Postconsumer recycled material use; 30
518	518	(D) Packages designed for reuse and refill where supporting infrastructure exists in the 31
519	519	state; and 32
520	520	(E) High recycling, composting, and refill rates of covered materials 33
521	521	(v) Includes eco-modulation factors that increase producer responsibility dues to 34
522	522
523	523
524	524	LC002567 - Page 15 of 33
525	525	discourage: 1
526	526	(A) Designs and materials that increase the costs of recycling, reusing, or composting 2
527	527	covered materials; 3
528	528	(B) Designs and materials that disrupt the recycling or composting of other materials; and 4
529	529	(C) Producers' use of covered materials that are not on the minimum recyclable or 5
530	530	compostable list; and 6
531	531	(vi) At the request of a producer or producers of a covered material, may include a special 7
532	532	assessment paid by the producers of that covered material to improve or establish a method for 8
533	533	collecting and recycling that covered material or to facilitate the addition of the covered material 9
534	534	to the list of readily recyclable materials; 10
535	535	(9) Include a proposed budget and a description of the processes used to determine 11
536	536	producer responsibility dues, levied on a material-specific basis. Describe any producer sales limits 12
537	537	where dues would be eliminated or based on a flat rate to minimize administrative and reporting 13
538	538	costs of the producers and the organization; 14
539	539	(10) Provide a methodology for reimbursement rates for covered services for covered 15
540	540	materials: 16
541	541	(i) The methodology for reimbursement rates shall consider estimated revenue received by 17
542	542	service providers from the sale of covered materials based upon relevant material indices and 18
543	543	incorporate relevant cost information identified by the needs assessment. Reimbursement rates 19
544	544	shall be annually updated and reflect the net costs for covered services for covered materials from 20
545	545	covered entities. Reimbursement rates shall be established equivalent to net costs as established by 21
546	546	a methodology in an approved plan as follows: 22
547	547	(A) No less than fifty percent (50%) of the net cost for the first year of initial plan operation; 23
548	548	(B) No less than seventy-five percent (75%) of the net cost for the second year of initial 24
549	549	plan operation; and 25
550	550	(C) No less than ninety percent (90%) of the net cost thereafter; 26
551	551	(11) Reimbursement rates shall be based on the following, as applicable based on the 27
552	552	service provided: 28
553	553	(i) The cost to collect covered material for recycling, a proportional share of composting, 29
554	554	or reuse adjusted to reflect conditions that affect those costs, varied by region or jurisdiction in 30
555	555	which the covered services are provided including, but not limited to: 31
556	556	(A) The number and type of covered entities; 32
557	557	(B) Population density; 33
558	558	(C) Collections methods employed; 34
559	559
560	560
561	561	LC002567 - Page 16 of 33
562	562	(D) Distance traveled by collection vehicles to consolidation or transfer facilities; to reuse, 1
563	563	recycling, or composting facilities; and to responsible markets; 2
564	564	(E) Other factors that may contribute to regional or jurisdictional cost differences; 3
565	565	(F) The proportion of covered compostable materials within all source-separated 4
566	566	compostable materials collected or managed through composting; and 5
567	567	(G) The general quality of covered materials collected by service providers; 6
568	568	(ii) The cost to transfer collected covered materials from consolidation or transfer facilities 7
569	569	to reuse, processing, recycling, or composting facilities or to responsible markets; 8
570	570	(iii) The cost to: 9
571	571	(A) Sort and process covered materials for sale or use and remove contamination from 10
572	572	covered materials by a recycling or composting facility, less the average fair market value for that 11
573	573	covered material based on market indices for the region; and 12
574	574	(B) Manage contamination removed from collected covered material; 13
575	575	(iv) Administrative costs of service providers, including education, public awareness 14
576	576	campaigns, and outreach program costs as applicable; and 15
577	577	(v) The costs of covered services for a refill system or covered services provided for 16
578	578	reusable covered materials and management of contamination; 17
579	579	(12) A service provider retains all revenue from the sale of covered materials. Nothing in 18
580	580	this chapter shall restrict a service provider from charging a fee for covered services of covered 19
581	581	materials to the extent that reimbursement from a producer responsibility organization does not 20
582	582	cover all costs of services, including continued investment and innovation in operations, operating 21
583	583	profits, and returns on investments required by a service provider to maintain the services; 22
584	584	(13) Reimbursement rates may be calculated per ton, by household, or by another unit of 23
585	585	measurement under an approved program plan; 24
586	586	(14) Describe the process to develop and revise the reimbursement methodology as 25
587	587	necessary, including use of documented costs; 26
588	588	(15) Describe a plan that outlines, if the organization ceased to exist or ceased to administer 27
589	589	the program, how any producer responsibility dues that had not been used to implement the 28
590	590	program would be transferred to another organization designated by the director to administer the 29
591	591	program or would be transferred to the fund to be managed by the department until transferred to 30
592	592	another designated organization; 31
593	593	(16) Include the minimum recyclable or compostable lists established in accordance with 32
594	594	§ 23-19.19-9; 33
595	595	(17) Set targets that the program will strive to meet by December 31, 2033, and December 34
596	596
597	597
598	598	LC002567 - Page 17 of 33
599	599	31, 2038, for: 1
600	600	(i) Minimum collection and recycling rates for all covered materials and by type of covered 2
601	601	materials; and 3
602	602	(ii) Minimum postconsumer recycled content rates for covered materials, including paper 4
603	603	products, glass, metal, and plastic, but excluding covered materials that cannot include 5
604	604	postconsumer recycled content because of technical or market barriers, unique chemical or physical 6
605	605	properties, or health and safety requirements that prevent its use; 7
606	606	(18) Describe how postconsumer recycled content rates will be calculated using weight 8
607	607	and other metrics, how the organization will verify minimum postconsumer recycled content rates, 9
608	608	and describe a process to temporarily waive postconsumer recycled content rates for a type or 10
609	609	subcategory of covered materials and the criteria for evaluating such waivers, including food safety 11
610	610	requirements, technological feasibility, or inadequate or disrupted supply; 12
611	611	(19) Describe how the organization will provide producers with the opportunity to purchase 13
612	612	postconsumer recycled materials from processors at market prices if the producer is interested in 14
613	613	obtaining recycled feedstock to achieve minimum postconsumer recycled content rates; 15
614	614	(20) Describe how the organization will reduce or offset the producer responsibility dues 16
615	615	for any producer or group of producers that fund or operate a collection program that: 17
616	616	(i) Covers a specific type of covered material that is not processed by materials recovery 18
617	617	facilities; and 19
618	618	(ii) Has recycling rates that meet or exceed the minimum recycling rate target set forth in 20
619	619	the plan; 21
620	620	(21) Describe how the organization will work with service providers to: 22
621	621	(i) Utilize and expand on existing covered services and infrastructure and existing 23
622	622	education and outreach programs; 24
623	623	(ii) Reduce contamination of covered materials delivered to materials recovery facilities 25
624	624	and compost facilities by: 26
625	625	(A) Requiring each materials recovery facility and compost facility participating in the 27
626	626	program to report annually to the organization on in-bound contamination levels at each facility; 28
627	627	and 29
628	628	(B) Providing funding or other assistance to compost facilities to reduce the costs of 30
629	629	managing or increase the effectiveness of efforts to manage contamination and to process and 31
630	630	recover compostable packaging; 32
631	631	(iii) Invest in new or upgraded recycling infrastructure; 33
632	632	(iv) Mitigate the impacts of covered materials on other materials and equipment at sorting 34
633	633
634	634
635	635	LC002567 - Page 18 of 33
636	636	and processing facilities; 1
637	637	(v) Invest in market development for covered materials in the state; and 2
638	638	(vi) Increase the recycling of collected covered materials; 3
639	639	(22) Describe how the organization will work with and incentivize producers to reduce 4
640	640	packaging through product design changes, the development or expansion of systems for reusable 5
641	641	packaging, and product innovation; 6
642	642	(23) Describe how the program will prioritize the use of end markets that return 7
643	643	postconsumer recycled materials to their original product type; 8
644	644	(24) Describe how the organization will evaluate and monitor the use of responsible end 9
645	645	markets through methods such as processor contracts or financial incentives; 10
646	646	(25) Describe how the organization will implement the education and outreach program 11
647	647	set forth in § 23-19.19-10; and 12
648	648	(26) Include any additional information required by the department. 13
649	649	23-19.19-8. Review of advisory plan. 14
650	650	(a) The advisory board shall review the plan proposal for compliance with this chapter. The 15
651	651	advisory board shall consult with the organization throughout its review of the plan proposal. 16
652	652	(1) Within ninety (90) days after the submission of the plan proposal to the advisory board, 17
653	653	the advisory board shall either provide any recommended amendments to the plan proposal to the 18
654	654	organization or, if the advisory board does not have any recommended amendments, forward the 19
655	655	plan proposal to the director; 20
656	656	(2) The organization shall provide responsive answers to the advisory board's 21
657	657	recommendations and submit an amended plan proposal to the advisory board within sixty (60) 22
658	658	days after its receipt of the recommended amendments; 23
659	659	(3) Within thirty (30) days after the submission of the amended plan proposal to the 24
660	660	advisory board, the advisory board shall forward the amended plan proposal to the director with its 25
661	661	recommendation for approval or rejection and, if applicable, a written explanation of the basis for 26
662	662	recommending rejection of the plan proposal; 27
663	663	(4) Within one week of receiving the plan proposal, the director shall post the plan proposal 28
664	664	on the department's website and provide public notice and an opportunity to comment on the plan 29
665	665	proposal. 30
666	666	(b)(1) Within sixty (60) days after receiving the plan proposal or amended plan proposal, 31
667	667	the director shall either approve or reject the plan proposal or amended plan proposal; 32
668	668	(2) If the director rejects the plan proposal or amended plan proposal, the director shall 33
669	669	notify the organization of the rejection and the reasons for the rejection, which reasons shall be 34
670	670
671	671
672	672	LC002567 - Page 19 of 33
673	673	based on the failure of the plan proposal or amended plan proposal to comply with the requirements 1
674	674	specified in this section. The organization shall submit a revised plan proposal to the advisory board 2
675	675	within sixty (60) days after receiving the director's rejection. The revised plan proposal shall be 3
676	676	reviewed by the advisory board and the revised plan proposal or amended plan proposal shall be 4
677	677	expeditiously reviewed and approved or rejected by the director in thirty (30) days in accordance 5
678	678	with this section. 6
679	679	(c) If the director approves the plan proposal or amended plan proposal pursuant to this 7
680	680	section, the director shall designate the plan proposal or amended plan proposal as the final plan 8
681	681	and shall publish the final plan on the department's website. 9
682	682	(d) The organization shall begin implementing the final plan within six (6) months after it 10
683	683	is approved. 11
684	684	(e) As part of its annual report under § 23-19.19-12, the organization may submit proposed 12
685	685	amendments to a final plan. The organization shall submit these amendments to the advisory board 13
686	686	at least sixty (60) days prior to the deadline to submit the annual report: 14
687	687	(1) The department may request that the organization amend the plan in any year to address 15
688	688	a specific concern or aspect of the plan by submitting the request at least ninety (90) days prior to 16
689	689	the annual report deadline. The organization shall consult with the advisory board on these 17
690	690	proposed amendments. 18
691	691	(2) The advisory board shall submit any proposed amendments to the director concurrent 19
692	692	with the annual report for approval or rejection based on the plan proposal requirements specified 20
693	693	in this section. 21
694	694	(f) The organization shall continue to operate the program in accordance with the final plan 22
695	695	pending the approval or rejection of a proposed amendment by the director. The director's rejection 23
696	696	of a proposed amendment does not relieve the organization of its responsibility to continue to 24
697	697	operate the program in accordance with the final plan. 25
698	698	(g) The director shall enforce this chapter in accordance with § 23-19.19-13 and the 26
699	699	department shall promulgate rules as may be necessary for the administration and enforcement of 27
700	700	this chapter. Notwithstanding any law to the contrary, the organization shall not make any 28
701	701	determination as to a person's compliance with this chapter. 29
702	702	(h)(1) By December 31, 2027, and each December 31 thereafter, as an alternative to 30
703	703	participating in the program, a producer may submit to the advisory board an individual program 31
704	704	plan proposal. A producer shall notify the department of its intent to submit an individual program 32
705	705	plan as described in § 23-19.19-11. 33
706	706	(2) An individual program plan proposal shall: 34
707	707
708	708
709	709	LC002567 - Page 20 of 33
710	710	(i) Comply with the requirements of subsection (h)(1) of this section, as applicable; 1
711	711	(ii) Describe how the producer participating in the individual program plan proposal will 2
712	712	contribute its share of department costs to oversee the program under § 23-19.19-17; 3
713	713	(iii) Describe how the producer will reimburse service providers that provide recycling 4
714	714	services for the covered materials covered by the individual program plan proposal; and 5
715	715	(iv) Describe any alternative collection programs run by the producer and their recycling 6
716	716	rates by material type. 7
717	717	(i) The advisory board shall review and make recommendations on, and the director shall 8
718	718	approve or reject, any individual program plan proposals in accordance with the criteria and 9
719	719	procedures set forth in this section. If the director approves an individual program plan proposal, 10
720	720	the director shall designate the individual program plan proposal as the plan that the producer is 11
721	721	authorized to implement and administer as an alternative to participating in the program. 12
722	722	(j) The producer implementing an individual program plan shall submit any amendments 13
723	723	to the plan to the advisory board in accordance with this section. The advisory board shall review 14
724	724	and make recommendations on and the director shall approve or reject any amendments to the plan 15
725	725	in accordance with this section. 16
726	726	23-19.19-9. Minimum recyclable or compostable lists and convenience standards. 17
727	727	(a) As part of the plan, the producer responsibility organization shall develop a list of 18
728	728	covered materials determined to be recyclable or compostable statewide through systems where 19
729	729	covered materials are commingled into a recyclables stream and a separate compostables stream. 20
730	730	These covered materials shall be collected at an optimal level and method of service and 21
731	731	convenience for covered entities, at a minimum, wherever collection services for mixed municipal 22
732	732	solid waste are available. 23
733	733	(b) The producer responsibility organization may propose a list of covered materials 24
734	734	determined to be recyclable or compostable and collected statewide through systems other than the 25
735	735	system required for covered materials on the list established in subsection (a) of this section. 26
736	736	(1) These alternative collection programs shall: 27
737	737	(i) Provide year-round, convenient, statewide collection opportunities, including at least 28
738	738	one drop-off collection site located in each county; 29
739	739	(ii) Provide tiers of service for collection, convenience, number of drop-off collection sites, 30
740	740	and additional collection systems based on county population size and county population density; 31
741	741	(iii) Ensure materials are sent to responsible markets; 32
742	742	(iv) Use education and outreach strategies that can be expected to significantly increase 33
743	743	consumer awareness of the program throughout the state; and 34
744	744
745	745
746	746	LC002567 - Page 21 of 33
747	747	(v) Measure the amount of each covered material collected and the applicable performance 1
748	748	target and statewide requirement. 2
749	749	(2) A proposal for an alternative collection program shall include: 3
750	750	(i) The type, number, and location of each collection opportunity; 4
751	751	(ii) A description of how each of the program requirements established in this section will 5
752	752	be met; 6
753	753	(iii) Performance targets for each covered material, as applicable, to be managed through 7
754	754	an alternative collection program; and 8
755	755	(iv) How the alternative collection program will work in combination with the collection 9
756	756	systems described in this section to meet performance targets for any material type that is managed 10
757	757	through a combination of an alternative collection program and the commingled systems described 11
758	758	in this section. 12
759	759	(c) The producer responsibility organization shall draw on the findings of the baseline 13
760	760	assessment and consult with the advisory board, producers submitting individual program plans, 14
761	761	service providers, and other interested parties to develop or amend the recyclable or compostable 15
762	762	covered materials lists and shall review any requests by interested parties for addition or removal 16
763	763	of covered materials from the lists created under this section. 17
764	764	(d) In developing the lists under this section, the producer responsibility organization may 18
765	765	consider 19
766	766	(1) The availability of recycling and composting collection services; 20
767	767	(2) Recycling and composting processing infrastructure; 21
768	768	(3) Capacity and technology for sorting covered materials; 22
769	769	(4) Whether a covered material is of a type and form that is regularly sorted and aggregated 23
770	770	into defined streams for recycling processes or is included in a relevant Institute of Scrap Recycling 24
771	771	Industries specification or its successors; 25
772	772	(5) Availability of responsible markets; 26
773	773	(6) Presence and amount of processing residuals, contamination, and toxic substances; 27
774	774	(7) Quantity of covered material estimated to be available and recoverable; and 28
775	775	(8) Projected future conditions for the criteria in this section. 29
776	776	(e) The producer responsibility organization may propose amendments to these lists as part 30
777	777	of its annual report to the advisory board and department. Upon approval, the producer 31
778	778	responsibility organizations shall provide amended lists to service providers as soon as possible 32
779	779	after approval and incorporate changes in relevant service provider reimbursement rates within a 33
780	780	year. 34
781	781
782	782
783	783	LC002567 - Page 22 of 33
784	784	(f)(1) To be eligible for reimbursement for covered services provided under the program, 1
785	785	service providers shall be registered with the department as required in § 23-19.19-4 and shall 2
786	786	provide covered services for all readily recyclable and compostable covered materials in a manner 3
787	787	that facilitates attaining the rate targets established in the final plan and in compliance with 4
788	788	requirements in this section. 5
789	789	(2) The director may grant a service provider an exception to the requirements of subsection 6
790	790	(a) of this section if the service provider demonstrates to the reasonable satisfaction of the director 7
791	791	that it is not able to provide covered services or meet the convenience standards for a readily 8
792	792	recyclable or compostable material. 9
793	793	(3) Notwithstanding any law to the contrary, nothing in this chapter restricts a service 10
794	794	provider from collecting or processing covered materials that are not included in the minimum 11
795	795	recyclable or compostable lists. 12
796	796	(g)(1) The organization shall contract with service providers to provide covered entities 13
797	797	with convenient and equitable access to covered services for all readily recyclable and compostable 14
798	798	covered materials, at no charge to the covered entity, with the goal of achieving the recycling rate, 15
799	799	collection rate, and postconsumer recycled content rate targets established in the final plan under 16
800	800	§§ 23-19.19-6, 23-19.19-7, and 23-19.19-8. 17
801	801	(2) The collection of readily recyclable and compostable covered materials shall be 18
802	802	provided in a manner that is as convenient as the collection of solid waste in the geographic area in 19
803	803	which the covered entity is located. 20
804	804	(3) Any covered entities in the state that are receiving covered services on December 31, 21
805	805	2027 shall continue to receive equivalent covered services through the program or a service 22
806	806	provider once the final plan is implemented. 23
807	807	(4) The organization shall not restrict a person's ability to contract directly with service 24
808	808	providers to obtain covered services for covered materials. 25
809	809	(5) Notwithstanding any law to the contrary, nothing in this chapter voids or cancels any 26
810	810	contract between a resident and a service provider for the provision of recycling or composting 27
811	811	services that is executed prior to December 31, 2027. 28
812	812	23-19.19-10. Education and outreach program. 29
813	813	(a) The organization shall develop and implement a statewide education and outreach 30
814	814	program that is designed to increase the recycling, composting, and reuse of covered materials and 31
815	815	includes education and outreach on proper end-of-life management of covered materials, the 32
816	816	location and availability of covered services under the program, and how to prevent littering in the 33
817	817	process of providing covered services. 34
818	818
819	819
820	820	LC002567 - Page 23 of 33
821	821	(b) The education and outreach program shall, at a minimum: 1
822	822	(1) Provide clear and concise recycling, composting, and reuse instructions that are 2
823	823	consistent statewide and accessible for all demographic groups; 3
824	824	(2) Coordinate and align existing recycling education materials and services provided 4
825	825	throughout the state; and 5
826	826	(3) Be designed to help the state achieve the minimum collection rate and minimum 6
827	827	recycling rate targets established in the final plan and reduce levels and impacts of inbound 7
828	828	contamination from covered materials at materials recovery facilities and compost facilities. 8
829	829	(c) The organization shall consult with the advisory board and other entities providing 9
830	830	recycling education in the state on the development and distribution of education outreach services 10
831	831	and materials. The organization may contract with service providers, local governments, and 11
832	832	nonprofit organizations to conduct recycling education and outreach services under the program 12
833	833	developed under this section. 13
834	834	(d) The organization shall develop a proposed methodology for evaluating and reporting 14
835	835	on the effectiveness of the education and outreach program. 15
836	836	23-19.19-11. Producer requirements, records, and data. 16
837	837	(a) Producers shall join the approved producer responsibility organization by July 1, 2026. 17
838	838	As an alternative to participating in the program, a producer shall notify the department and the 18
839	839	approved producer responsibility organization of its intent to submit an individual program plan 19
840	840	proposal. A producer shall notify the department of its initial intent to submit an individual program 20
841	841	plan proposal by July 1, 2026. 21
842	842	(b) Effective July 1, 2027, a producer shall not sell or distribute any products that use 22
843	843	covered materials in the state unless the producer is participating in the program as a member of 23
844	844	the organization or having notified the department of its intent to submit an individual program 24
845	845	plan proposal. Participation includes providing data necessary to meet its plan obligations as 25
846	846	determined by the organization and may use prorated national or regional data if state-specific data 26
847	847	is not available or feasible to generate. Participation also includes payment of dues according to the 27
848	848	schedule developed by the organization on the terms and conditions established by the organization. 28
849	849	(c) A producer shall make all documents and records related to the calculation and payment 29
850	850	of producer responsibility dues, recycling rates, collection rates, postconsumer recycled content 30
851	851	rates, and any other materials necessary for the director to determine compliance with this chapter 31
852	852	available for inspection by the director. In connection with enforcing a violation by a producer 32
853	853	pursuant to § 23-19.19-13, the director may request in writing that the producer provide any such 33
854	854	documents or records to the director. 34
855	855
856	856
857	857	LC002567 - Page 24 of 33
858	858	(d) The director, the advisory board, the organization, an additional producer responsibility 1
859	859	organization, and any other person administering a plan approved by the director pursuant to this 2
860	860	chapter shall keep confidential any proprietary information provided by a producer and shall not 3
861	861	include any proprietary information provided by a producer in the plan proposal, the amended plan 4
862	862	proposal, the final plan, any other plan approved by the director pursuant to this chapter, or any 5
863	863	amendment to the final plan or other plan approved by the director pursuant to this chapter. 6
864	864	23-19.19-12. Annual reporting. 7
865	865	(a) The organization, any additional producer responsibility organization, and any person 8
866	866	administering a plan approved by the director pursuant to this chapter shall cause to be conducted 9
867	867	an annual financial audit of the program or any other plan approved by the director pursuant to this 10
868	868	chapter by an independent third-party auditor. 11
869	869	(b)(1) Before March 31 of the second year of the program's implementation, and by March 12
870	870	31 each year thereafter, the organization shall submit a report to the advisory board describing the 13
871	871	progress of the program. The advisory board shall review the report and forward the report to the 14
872	872	director. The advisory board shall also review any proposed amendments to the final plan and any 15
873	873	updates to the minimum recyclable or compostable lists and forward the amendments and updates 16
874	874	to the director with its recommendation for approval or rejection. The director shall post the report 17
875	875	on the department's website. The program report shall include the following information from the 18
876	876	preceding calendar year: 19
877	877	(i) A detailed description of the progress toward each element of the final plan as described 20
878	878	in §§ 23-19.19-6, 23-19.19-7, and 23-19.19-8; 21
879	879	(ii) A list of all the producers, brands, and covered materials covered by the final plan; 22
880	880	(iii) A list of known producers that are not participating in the program and any known 23
881	881	producers that may be out of compliance with one or more obligations imposed by this chapter; 24
882	882	(iv) The total amount of producer responsibility dues collected under the program, 25
883	883	including an annual schedule of producer responsibility dues assessed by weight for each type of 26
884	884	covered material and any annual increases or decreases in the dues schedule and the reasons for 27
885	885	these adjustments; 28
886	886	(v) The total weight of each type of covered materials that producers used for products that 29
887	887	were sold or distributed in the state; 30
888	888	(vi) The total weight of each type of covered material that was collected and recycled under 31
889	889	the program, with the data broken down by the means of collection, including by curbside service, 32
890	890	drop-off center, or other means; 33
891	891	(vii) The number of covered entities, by type, such as single-family residential and multi-34
892	892
893	893
894	894	LC002567 - Page 25 of 33
895	895	family residential, and the means of collection, including curbside service, drop-off, or other means; 1
896	896	(viii) A list of the names, locations, and scope of services for curbside, drop-off, and other 2
897	897	operations accepting or collecting covered materials under the program; 3
898	898	(ix) The collection and recycling rates for all covered materials and by type of covered 4
899	899	materials and the postconsumer recycled content rate as applicable for each type of covered 5
900	900	material; a description of the organization's process in achieving the minimum rate targets set forth 6
901	901	in the final plan; and in the event that the program is not on target to meet the rates, actions the 7
902	902	organization plans to undertake to meet the rates; 8
903	903	(x) The rate methodology and/or schedules for reimbursement to service providers, any 9
904	904	proposed adjustments to the methodology, and a summary of any disputes arising between the 10
905	905	organization and service providers concerning rates and how the disputes were addressed; 11
906	906	(xi) A summary of the education and outreach efforts implemented, including samples of 12
907	907	materials distributed and the methodology and results of the evaluation of education program 13
908	908	effectiveness; 14
909	909	(xii) A description of the organization's efforts to ensure that covered materials have been 15
910	910	responsibly managed and delivered to responsible end markets under the program, including a list 16
911	911	of the recycling end markets for each type of covered materials processed; 17
912	912	(xiii) A financial statement of income and expenses supported by a copy of the independent 18
913	913	third party's report auditing the program pursuant to subsection (a) of this section; 19
914	914	(xiv) A description of the status of reserve funds, an assessment of the adequacy of those 20
915	915	funds to cover program costs, and a description of how any program funding shortfalls will be 21
916	916	addressed; and 22
917	917	(xv) Any amendments to the final plan, including any updates to the minimum recyclable 23
918	918	or compostable lists. 24
919	919	(c) The responsible organization or person administering any additional plan approved by 25
920	920	the commissioner shall also submit a report to the advisory board by March 31 of the second year 26
921	921	of any such plan and every March 31 thereafter describing the progress of the plan. The report shall 27
922	922	include the information described in subsection (b)(1) of this section, as applicable, from the 28
923	923	preceding calendar year. The advisory board shall review the report and forward the report to the 29
924	924	director. The advisory board shall also review any proposed amendments to the plan and forward 30
925	925	the amendments to the director with its recommendation for approval or rejection. The director 31
926	926	shall post the report on the department's website. 32
927	927	(d) If, based on the annual reports submitted under this section, the program or any other 33
928	928	plan approved by the director pursuant to this chapter is not on track to meet the minimum 34
929	929
930	930
931	931	LC002567 - Page 26 of 33
932	932	collection rates, minimum recycling rates, or minimum postconsumer recycled content rates set 1
933	933	forth in the program or plans, the director may require the organization, additional producer 2
934	934	responsibility organization, or other person responsible for administering a plan approved by the 3
935	935	director under this chapter to amend its respective plan as described in § 23-19.19-8. 4
936	936	(e) Department report. The director shall annually compile the results of the reports 5
937	937	received pursuant to this section into a general report describing the progress of the program and 6
938	938	any other plans approved by the director pursuant to this chapter. The department report shall 7
939	939	include a review of the department's activities and expenses that were reimbursed pursuant to § 23-8
940	940	19.19-17. The director shall post the report on the department's website and submit the report to the 9
941	941	governor, to the senate committee on environment and agriculture, and to the house committee on 10
942	942	environment and natural resources. 11
943	943	23-19.19-13. Enforcement and penalties. 12
944	944	(a) If the organization, an additional producer responsibility organization, a person 13
945	945	administering a plan approved by the director pursuant to this chapter, a producer, or a service 14
946	946	provider (referred to in this section as a "regulated entity") violates any portion of this chapter, the 15
947	947	regulated entity is liable for an administrative penalty not to exceed: 16
948	948	(1) For a first violation, an initial penalty of two thousand dollars ($2,000) for the first day 17
949	949	of each violation and one thousand dollars ($1,000) per day for each day the violation continues; 18
950	950	(2) For a second violation committed within twelve (12) months after a prior violation, an 19
951	951	initial penalty of five thousand dollars ($5,000) for the first day of each violation and two thousand 20
952	952	five hundred dollars ($2,500) per day for each day the violation continues; and 21
953	953	(3) For a third or subsequent violation committed within twelve (12) months after two (2) 22
954	954	or more prior violations, an initial penalty of ten thousand dollars ($10,000) for the first day of each 23
955	955	violation and five thousand dollars ($5,000) per day for each day the violation continues. 24
956	956	(b)(1) If the regulated entity violates any portion of this chapter, the director shall serve by 25
957	957	personal service or by certified mail an order that imposes an administrative penalty. 26
958	958	(2) The regulated entity may submit a written request for a hearing to the director by 27
959	959	personal service or by certified mail within thirty (30) calendar days after the date of the order 28
960	960	imposing an administrative penalty. The department's office of administrative adjudication shall 29
961	961	conduct the hearing. 30
962	962	(3) If a request for a hearing is filed, the requirement to pay a penalty is stayed pending a 31
963	963	final decision by the office of administrative adjudication after a hearing on the merits. The director 32
964	964	is not precluded from imposing an administrative penalty against the regulated entity for subsequent 33
965	965	violations of this chapter committed during the pendency of the stay. 34
966	966
967	967
968	968	LC002567 - Page 27 of 33
969	969	(4) The director bears the burden of proof by a preponderance of the evidence in a hearing 1
970	970	held pursuant to this section. 2
971	971	(c) The director may enter into a settlement agreement with a regulated entity assessed an 3
972	972	administrative penalty under this section. 4
973	973	(d) The director shall transfer any money collected under this section to the office of the 5
974	974	general treasurer, which shall credit the money to the ocean state climate adaptation and resilience 6
975	975	fund established in the § 46-23.3-4. 7
976	976	(e) Notwithstanding any law to the contrary, nothing in this chapter: 8
977	977	(1) Creates a private right of action; or 9
978	978	(2) Authorizes enforcement of this chapter against anyone other than a regulated entity. 10
979	979	23-19.19-14. Limited exemption from antitrust and unfair trade practices. 11
980	980	If the program or any other plan approved by the director pursuant to this chapter engages 12
981	981	in an activity performed solely in furtherance of implementing the program or plan and in 13
982	982	compliance with this chapter, the activity is not a violation of the antitrust provisions of the Rhode 14
983	983	Island antitrust act in chapter 36 of title 6 or of the unfair methods of competition and unfair or 15
984	984	deceptive acts or practices described in the deceptive trade practices provisions of chapter 13.1 of 16
985	985	title 6. 17
986	986	23-19.19-15. Local government eligibility and obligations. 18
987	987	(a) Nothing in this chapter affects a person's eligibility for any state or local incentive 19
988	988	programs for which the person is otherwise eligible. 20
989	989	(b) Notwithstanding any law to the contrary, a local government is not required to provide 21
990	990	covered services under the program or any other plan approved by the director pursuant to this 22
991	991	chapter. To the extent that a local government elects to provide covered services under the program 23
992	992	or any other plan approved by the director pursuant to this chapter, the organization, additional 24
993	993	producer responsibility organization, or other person responsible for administering a plan approved 25
994	994	by the director under this chapter shall reimburse the local government for those covered services 26
995	995	in accordance with § 23-19.19-9 and the final plan or any other plan approved by the director 27
996	996	pursuant to this chapter. 28
997	997	(c) A local government that receives reimbursement funds from the organization or in 29
998	998	accordance with any other plan approved by the director shall use such funds for the local 30
999	999	government's recycling program and shall not charge residents for costs reimbursed through the 31
1000	1000	program. 32
1001	1001	23-19.19-16. Restriction on consumer fees. 33
1002	1002	A person shall not charge any kind of point-of-sale or point-of-collection fee to consumers 34
1003	1003
1004	1004
1005	1005	LC002567 - Page 28 of 33
1006	1006	to recoup its costs in meeting the obligations of or complying with this chapter. Nor shall a service 1
1007	1007	provider charge a fee for costs for which the service provider is reimbursed under this chapter. 2
1008	1008	23-19.19-17. Administrative fund. 3
1009	1009	(a) There is hereby created in the office of the general treasurer the extended producer 4
1010	1010	responsibility for packaging and paper administrative fund, referred to in this section as the "fund." 5
1011	1011	The fund consists of any producer funds designated for administrative costs pursuant to this section, 6
1012	1012	including a portion of dues transferred to the fund by the organization and administrative funds 7
1013	1013	transferred from an additional producer responsibility organization or a person administering a plan 8
1014	1014	approved by the director pursuant to this chapter. The fund also includes money that the general 9
1015	1015	assembly transfers to the fund for use by the department. Payments for administrative costs made 10
1016	1016	in accordance with approved plans are limited to reimbursing: 11
1017	1017	(1) The department, including the advisory board, for the reasonable costs incurred in 12
1018	1018	administering and implementing any portion of this chapter; and 13
1019	1019	(2) The department for the reasonable costs incurred in enforcing this chapter. 14
1020	1020	(b)(1) By August 1, 2026, the department shall notify the organization of the costs in 15
1021	1021	administering, implementing, and enforcing this chapter from the effective date of this chapter 16
1022	1022	through June 30, 2026. 17
1023	1023	(2) By August 1 of each subsequent year, the department shall notify the organization of 18
1024	1024	the costs of administering, implementing, and enforcing this chapter during the immediately 19
1025	1025	preceding state fiscal year. 20
1026	1026	(c) Upon receipt of the department's cost accounting, the organization, an additional 21
1027	1027	producer responsibility organization, or a person administering a plan approved by the director 22
1028	1028	pursuant to this chapter shall transmit to the general treasurer, for deposit in the fund, their allocated 23
1029	1029	share of the funds necessary to reimburse the department for its costs. 24
1030	1030	(d) The general assembly shall annually appropriate money from the fund to the department 25
1031	1031	for the purposes set forth in this section. 26
1032	1032	(e) All unexpended and unencumbered money in the fund at the end of any state fiscal year 27
1033	1033	remains in the fund and shall not be credited or transferred to the general fund or any other fund; 28
1034	1034	this money shall be used to reduce the reimbursement obligations under subsection (b) of this 29
1035	1035	section. All interest derived from the deposit and investment of money in the fund remains in the 30
1036	1036	fund and does not revert to the general fund. 31
1037	1037	23-19.19-18. No obligation to provide covered services. 32
1038	1038	Notwithstanding any law to the contrary, a private service provider is not required to 33
1039	1039	provide covered services under the program or any other plan approved by the director pursuant to 34
1040	1040
1041	1041
1042	1042	LC002567 - Page 29 of 33
1043	1043	this chapter. 1
1044	1044	23-19.19-19. Regional coordination and harmonization encouraged. 2
1045	1045	The department and any approved organizations shall seek opportunities for coordination 3
1046	1046	and harmonization with similar programs in the region including, but not limited to, conduct of the 4
1047	1047	baseline assessment, management of organizations, development of the minimum recyclable or 5
1048	1048	compostable lists, and composition and representation of the advisory committee. Further, the 6
1049	1049	organizations and service providers shall seek to optimize scale through regional recycling services 7
1050	1050	and infrastructure wherever practical. 8
1051	1051	23-19.19-20. Severability. 9
1052	1052	If any provision of this chapter or the application thereof to any person or circumstance is 10
1053	1053	held invalid, such invalidity does not affect other provisions or applications of the chapter that can 11
1054	1054	be given effect without the invalid provision or application, and to this end the provisions of this 12
1055	1055	chapter are declared to be severable. 13
1056	1056	SECTION 2. The title of Chapter 44-44 of the General Laws entitled "Taxation of Beverage 14
1057	1057	Containers and Hard-To-Dispose Material" is hereby amended to read as follows: 15
1058	1058	CHAPTER 44-44 16
1059	1059	Taxation of Beverage Containers and Hard-To-Dispose Material 17
1060	1060	CHAPTER 44-44 18
1061	1061	TAXATION OF HARD-TO-DISPOSE MATERIAL 19
1062	1062	SECTION 3. Sections 44-44-3, 44-44-8 and 44-44-13 of the General Laws in Chapter 44-20
1063	1063	44 entitled "Taxation of Beverage Containers and Hard-To-Dispose Material" are hereby repealed. 21
1064	1064	44-44-3. Imposition of tax on beverage containers. 22
1065	1065	There shall be levied and imposed a tax of eight cents ($0.08) on each case of beverage 23
1066	1066	containers sold by a beverage wholesaler to a beverage retailer or consumer within this state. The 24
1067	1067	tax shall be collected by the beverage wholesaler. The tax provided for in this section shall not be 25
1068	1068	levied, imposed, or collected on reusable and refillable beverage containers. 26
1069	1069	44-44-8. Records required — Inspection of records. 27
1070	1070	Every beverage wholesaler shall keep books, including records, receipts, and other 28
1071	1071	pertinent papers, in a form the tax administrator may require. The records shall be open at all times 29
1072	1072	to the inspection of the tax administrator and his or her agents and, upon summons issued by the 30
1073	1073	tax administrator, shall be produced at the time and place that he or she may designate for inspection 31
1074	1074	by the tax administrator or his or her agents. 32
1075	1075	44-44-13. Contingency provision. 33
1076	1076	The provisions of this chapter shall become null and void, and the tax imposed under this 34
1077	1077
1078	1078
1079	1079	LC002567 - Page 30 of 33
1080	1080	chapter shall terminate, if federal or state legislation is enacted which requires a deposit on beverage 1
1081	1081	containers. 2
1082	1082	SECTION 4. Sections 44-44-1, 44-44-2, 44-44-4, 44-44-17, 44-44-18 and 44-44-19 of the 3
1083	1083	General Laws in Chapter 44-44 entitled "Taxation of Beverage Containers and Hard-To-Dispose 4
1084	1084	Material" are hereby amended to read as follows: 5
1085	1085	44-44-1. Purpose. 6
1086	1086	This chapter is enacted to provide funding for the litter reduction and recycling program, 7
1087	1087	created pursuant to chapter 15.1 of title 37, and the hard-to-dispose material — control and 8
1088	1088	recycling program, created pursuant to chapter 15.1 of title 37. 9
1089	1089	44-44-2. Definitions. 10
1090	1090	As used in this chapter: 11
1091	1091	(1) "Beverage" means all non-alcoholic drinks for human consumption, except milk but 12
1092	1092	including beer and other malt beverages. 13
1093	1093	(2) "Beverage container" means any sealable bottle, can, jar, or carton which contains a 14
1094	1094	beverage. 15
1095	1095	(3) "Beverage retailer" means any person who engages in the sale of a beverage container 16
1096	1096	to a consumer within the state of Rhode Island, including any operator of a vending machine. 17
1097	1097	(4) "Beverage wholesaler" means any person who engages in the sale of beverage 18
1098	1098	containers to beverage retailers in this state, including any brewer, manufacturer, or bottler who 19
1099	1099	engages in those sales. 20
1100	1100	(5) "Case" means: 21
1101	1101	(i) Forty-eight (48) beverage containers sold or offered for sale within this state when each 22
1102	1102	beverage container has a liquid capacity of seven (7) fluid ounces or less; 23
1103	1103	(ii) Twenty-four (24) beverage containers sold or offered for sale within this state when 24
1104	1104	each beverage container has a liquid capacity in excess of seven (7) fluid ounces but less than or 25
1105	1105	equal to sixteen and nine tenths (16.9) fluid ounces; 26
1106	1106	(iii) Twelve (12) beverage containers sold or offered for sale within this state when each 27
1107	1107	beverage container has a liquid capacity in excess of sixteen and nine tenths (16.9) fluid ounces but 28
1108	1108	less than thirty-three and nine tenths (33.9) fluid ounces; and 29
1109	1109	(iv) Six (6) beverage containers sold or offered for sale within this state when each 30
1110	1110	beverage container has a liquid capacity of thirty-three and nine tenths (33.9) fluid ounces or more. 31
1111	1111	(6) "Consumer" means any person who purchases a beverage in a beverage container for 32
1112	1112	use or consumption with no intent to resell that filled beverage container. 33
1113	1113	(7) "Hard-to-dispose material" is as defined in § 37-15.1-3. 34
1114	1114
1115	1115
1116	1116	LC002567 - Page 31 of 33
1117	1117	(8) "Hard-to-dispose material retailer" means any person who engages in the retail sale of 1
1118	1118	hard-to-dispose material (as defined in § 37-15.1-3) in this state. 2
1119	1119	(9) "Hard-to-dispose material wholesaler" means any person, wherever located, who 3
1120	1120	engages in the sale of hard-to-dispose material (as defined in § 37-15.1-3) to customers for sale in 4
1121	1121	this state (including manufacturers, refiners, and distributors and retailers), and to other persons as 5
1122	1122	defined above. 6
1123	1123	(10) "New vehicle" means any mode of transportation for which a certificate of title is 7
1124	1124	required pursuant to title 31 and for which a certificate of title has not been previously issued in 8
1125	1125	this state or any other state or country. 9
1126	1126	(11) "Organic solvent" is as defined in § 37-15.1-3. 10
1127	1127	(12) "Person" means any natural person, corporation, partnership, joint venture, 11
1128	1128	association, proprietorship, firm, or other business entity. 12
1129	1129	(13) "Vending machine" means a self-contained automatic device that dispenses for sale 13
1130	1130	foods, beverages, or confection products. 14
1131	1131	44-44-4. Filing of returns and extensions of time for filing returns. 15
1132	1132	On or before the twenty-fifth day of the month next succeeding the month in which any 16
1133	1133	taxes imposed by this chapter are collected, the beverage wholesaler and/or hard-to-dispose 17
1134	1134	material wholesaler or hard-to-dispose material retailers or person liable for tax pursuant to § 44-18
1135	1135	44-3.7, shall pay the taxes to the tax administrator and at the same time shall file a return in a form 19
1136	1136	that the tax administrator may by regulation prescribe. The tax administrator may grant reasonable 20
1137	1137	extensions of time for filing returns under rules and regulations that he or she prescribes. If any 21
1138	1138	taxes are not paid to the tax administrator when due, or if any return is not filed when due, there 22
1139	1139	shall be added to the taxes and made a part of the taxes interest at the rate set forth in § 44-1-7 from 23
1140	1140	the date when the taxes became due until the date of payment. 24
1141	1141	44-44-17. Deficiency determination — Determination without return. 25
1142	1142	If any hard-to-dispose material wholesaler or hard-to-dispose material retailer or person or 26
1143	1143	beverage wholesaler fails to file a return or application or to keep records described in § 44-44-8, 27
1144	1144	or if the tax administrator is not satisfied with the amount of taxes or fees paid to the tax 28
1145	1145	administrator, the tax administrator may compute and determine the amount required by this 29
1146	1146	chapter to be paid to the tax administrator upon the basis of the facts contained in the returns or 30
1147	1147	applications that have been filed or upon the basis of any information in the tax administrator's 31
1148	1148	possession or that may come into the tax administrator's possession. 32
1149	1149	44-44-18. Notice of determination. 33
1150	1150	The tax administrator shall give written notice of the tax administrator's determination to 34
1151	1151
1152	1152
1153	1153	LC002567 - Page 32 of 33
1154	1154	the beverage wholesaler or hard-to-dispose material wholesaler or hard-to-dispose material retailer 1
1155	1155	or person. Except in the case of fraud or failure to make a return, or noncompliance with § 44-44-2
1156	1156	8, every notice of determination shall be mailed within three (3) years of the date the taxes first 3
1157	1157	became due. The amount of this determination shall bear interest at the rate prescribed in § 44-1-7 4
1158	1158	from the date when taxes should have been paid until the date of payment. 5
1159	1159	44-44-19. Payment of refunds. 6
1160	1160	Whenever the tax administrator shall determine that any beverage wholesaler or hard-to-7
1161	1161	dispose material wholesaler or hard-to-dispose material retailer or person is entitled to a refund of 8
1162	1162	any moneys paid under the provisions of this chapter, or whenever a court of competent jurisdiction 9
1163	1163	orders a refund of any moneys paid, the general treasurer shall, upon certification by the tax 10
1164	1164	administrator, pay the refund from any moneys in the litter control account or hard-to-dispose 11
1165	1165	material account other than those moneys already appropriated for the administration of the taxes 12
1166	1166	and programs entitled by this chapter and § 37-15-13; provided, that no refund shall be allowed 13
1167	1167	unless a claim for a refund is filed with the tax administrator within three (3) years from the date 14
1168	1168	the overpayment was made. Every claim for a refund shall be made in writing, shall be in a form, 15
1169	1169	and shall present only information that the tax administrator may, by regulation, require. Within 16
1170	1170	thirty (30) days after disallowing any claim in whole or in part the tax administrator shall give 17
1171	1171	written notice of the tax administrator's decision to the beverage wholesaler or hard-to-dispose 18
1172	1172	material wholesaler or hard-to-dispose material retailer or person. A refund of less than ten dollars 19
1173	1173	($10.00) will not be processed, but may be credited to the following month's return without interest. 20
1174	1174	SECTION 5. Sections 2, 3 and 4 of this act shall take effect upon the director of the 21
1175	1175	department of environmental management approving the final plan set forth in Section 1 of this act. 22
1176	1176	The remaining sections of this act shall take effect upon passage. 23
1177	1177	========
1178	1178	LC002567
1179	1179	========
1180	1180
1181	1181
1182	1182	LC002567 - Page 33 of 33
1183	1183	EXPLANATION
1184	1184	BY THE LEGISLATIVE COUNCIL
1185	1185	OF
1186	1186	A N A C T
1187	1187	RELATING TO HEALTH AND SAFETY -- EXTENDED PRODUCER RESPONSIBILITY
1188	1188	FOR PACKAGING AND PAPER ACT
1189	1189	***
1190	1190	This act would create the extended producer responsibility for packaging and paper 1
1191	1191	program for the recycling of packaging and paper products. 2
1192	1192	Sections 2, 3, and 4 of this act would take effect upon the director of the department of 3
1193	1193	environmental management approving the final plan set forth in Section 1 of this act. The remaining 4
1194	1194	sections of this act would take effect upon passage. 5
1195	1195	========
1196	1196	LC002567
1197	1197	========
1198	1198