2025 -- H 6207

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LC002622

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

____________

A N   A C T

RELATING TO HEALTH AND SAFETY

     Introduced By: Representatives McEntee, Knight, Bennett, Boylan, Carson, McGaw,
Cortvriend, Donovan, Handy, and Kazarian

     Date Introduced: April 09, 2025

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

amended by adding thereto the following chapters:

CHAPTER 19.19

EXTENDED PRODUCER RESPONSIBILITY FOR PACKAGING AND PAPER ACT

     23-19.19-1. Definitions.

     (a) As used in this chapter and in chapters 19.20 and 19.21 of title 23, the following words

and phrases shall have the following meanings, unless another meaning is clearly intended by the

context:

     (1) "Additive of high concern" means a substance that:

     (i) Is intentionally added beyond an incidental presence to covered materials to achieve a

physical or chemical effect during manufacturing or in the final material; and

     (ii) Has been identified on the basis of credible scientific evidence and with a risk-based

approach as being:

     (A) A carcinogen;

     (B) A reproductive or developmental toxicant;

     (C) An endocrine disruptor; or

     (C) Persistent, bioaccumulative, and toxic.

     Additives of high concern do not include materials regulated under the provisions of

chapter 18.13 of title 23 ("toxic packaging reduction act").

     (2) "Applicable refund value" means the value established under § 23-19.20-11.

     (3) "Beverage" means a drinkable liquid intended for human oral consumption. Beverage

does not include:

     (i) A drug regulated under the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Ch. 9, §

301 et seq.;

     (ii) One hundred percent (100%) fluid milk;

     (iii) Infant formula; or

     (iv) A meal replacement liquid.

     (4) "Beverage container" means any prepackaged container designed to hold beverages,

including the label, cap, and any other material attached to the container at the time of distribution.

     (5) "Beverage container collection mechanism" means any manual or technological means

by which empty covered beverage containers are properly identified as part of processing a

consumer's refund.

     (6) "Beverage producer" means the person that satisfies the definition of producer for any

beverage sold, offered for sale, or distributed in or into the State of Rhode Island.

     (7) "Brand" means a name, symbol, word, or mark that identifies a product and attributes

the product and its components, including packaging, to the brand owner.

     (8) "Brand owner" means a person that owns or holds an exclusive license to a brand or

that otherwise has rights to market a product under the brand, whether or not the brand's trademark

is registered.

     (9) "Canner" means individuals who collect and redeem covered beverage containers for

critical income.

     (10) "Centralized processing facility" means a facility that sorts and then bales or

aggregates covered beverage containers and associated materials for the purpose of recycling.

     (11) "Collection rate" means the amount of a covered material by covered materials type

collected by service providers and transported for recycling or composting divided by the total

amount of the type of a covered material by covered materials type sold or distributed into the State

of Rhode Island by the relevant unit of measurement in the approved program plan.

     (12) "Compostable material" means a covered material that:

     (i) Meets, and is labeled to reflect that it meets, the American Society for Testing and

Materials Standard Specification for Labeling of Plastics Designed to be Aerobically Composted

in Municipal or Industrial Facilities (D6400) or its successor;

     (ii) Meets, and is labeled to reflect that it meets, the American Society for Testing and

Materials Standard Specification for Labeling of End Items that Incorporate Plastics and Polymers

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as Coatings or Additives with Paper and Other Substrates Designed to be Aerobically Composted

in Municipal or Industrial Facilities (D6868) or its successor;

     (iii) Is comprised of only wood without any coatings or additives; or

     (iv) Is comprised of only paper without any coatings or additives.

     (13) "Composting" means the controlled microbial degradation of source-separated

compostable materials to yield a humus-like product.

     (14) "Composting rate" means the amount of compostable covered material that is managed

through composting, divided by the total amount of compostable covered material sold or

distributed into the State of Rhode Island by the relevant unit of measurement in the approved

program plan.

     (15) "Consumer" means an individual who purchases a beverage in the State of Rhode

Island in a beverage container for consumption.

     (16) "Coordination plan" means the joint plan developed by the packaging program

producer responsibility organization and the recycling refund producer responsibility organization.

     (17) "Covered beverage container" means any beverage container subject to a recycling

refund as defined in the recycling refund program plan.

     (18) "Covered entity" means a person or location that receives covered services for covered

materials in accordance with the requirements of this chapter, including:

     (i) A single-family residence;

     (ii) A multifamily residence;

     (iii) A school as defined in § 16-8-7;

     (iv) A nonprofit corporation with annual revenue of less than thirty-five million dollars

($35,000,000); and

     (v) A state agency, political subdivision, public area, public entity or other governmental

unit.

     (19) "Covered material" means packaging and paper products sold or supplied in the State

of Rhode Island. Covered material does not include exempt materials.

     (20) "Covered materials type" means a singular and specific type of covered material, such

as paper, plastic, metal, or glass, that:

     (i) Can be categorized based on distinguishing chemical or physical properties, including

properties that allow a covered materials type to be aggregated into a discrete commodity category

for purposes of reuse, recycling, or composting; and

     (ii) Is based on similar uses in the form of a product or package.

     (21) "Covered services" means collecting, transferring, transporting, sorting, processing,

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recovering, preparing, or otherwise managing for purposes of source reduction, reuse, recycling, or

composting.

     (22) "De minimis" means a person that in the most recent fiscal year earned global gross

revenues, not including on-premises alcohol sales, for the prior fiscal year of:

     (i) Until January 1, 2030, less than two million dollars ($2,000,000); or

     (ii) Beginning January 1, 2030, less than two million dollars ($2,000,000), as adjusted for

inflation by the department.

     (23) "Department" means the department of environmental management.

     (24) "Drop-off facility" means a specific area where individuals may bring household

recyclable materials to be sorted into material-specific receptacles and is located in the State of

Rhode Island.

     (25) "Environmental impact" means the impact of a covered material on human health and

the environment from extraction and processing of the raw materials composing the covered

material through manufacturing, distribution, use, recovery for reuse, recycling, or composting;

and final disposal.

     (26) "Environmental justice area" means a census block group with a low-income and/or

minority population greater than twice the statewide average.

     (27) "Executive director" means the executive director of the packaging producer

responsibility organization or recycling refund producer responsibility organization.

     (28) "Exempt materials" means materials, or any portion of materials, that:

     (i) Are packaging for infant formula, as defined in United States Code, Title 21, § 321(z);

     (ii) Are packaging for medical food, as defined in United States Code, Title 21, §

360ee(b)(3);

     (iii) Are packaging for a fortified oral nutritional supplement used by persons who require

supplemental or sole source nutrition to meet nutritional needs due to special dietary needs directly

related to cancer, chronic kidney disease, diabetes, malnutrition, or failure to thrive, as those terms

are defined by the International Classification of Diseases, tenth revision;

     (iv) Are packaging for a product regulated as a drug or medical device by the United States

Food and Drug Administration, including associated components and consumable medical

equipment;

     (v) Are packaging for a medical equipment or product used in medical settings that is

regulated by the United States Food and Drug Administration, including associated components

and consumable medical equipment;

     (vi) Are drugs, biological products, parasiticides, medical devices, or in vitro diagnostics

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that are used to treat, or that are administered to, animals and are regulated by the United States

Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act, United States

Code, title 21, § 301 et seq., by the United States Department of Agriculture under the federal

Virus-Serum-Toxin Act, United States Code, Title 21, § 151 et seq.;

     (vii) Are packaging for products regulated by the United States Environmental Protection

Agency under the Federal Insecticide, Fungicide, and Rodenticide Act, United States Code, Title

7, § 136 et seq.;

     (viii) Are packaging used to contain liquefied petroleum gas and are designed to be refilled;

     (ix) Are paper products used for a newspaper's print publications, including supplements

or enclosures, that include content derived from primary sources related to news and current events;

     (x) Are paper products used for a magazine's print publication that has a circulation of less

than ninety-five thousand (95,000) and that primarily includes content derived from primary

sources related to news and current events;

     (xi) Are packaging used to contain hazardous or flammable products regulated by the 2012

federal Occupational Safety and Health Administration Hazard Communication Standard, Code of

Federal Regulations, Title 29, § 1910.1200, that prevent the packaging from being source reduced

or made reusable, recyclable, or compostable, as determined by the department:

     (xii) Are packaging that is being collected and properly managed through a paint producer

responsibility program approved under chapter 24.12 of title 23 ("proper management of unused

paint");

     (xiii) Are exempt materials, as determined by the department; or

     (xiv) Are covered materials that:

     (A) A producer distributes to another producer;

     (B) Are subsequently used to contain a product, and the product is distributed to a

commercial or business entity for the production of another product; and

     (B) Are not introduced to a person other than the commercial or business entity that first

received the product used for the production of another product.

     (29) "Express redemption site" means a designated return point that allows consumers to

return covered beverage containers. These locations will not require cash handling on site; rather,

upon return, if needed, beverage containers will be transported to centralized processing facilities,

and refunds will be credited to the consumer's virtual account. This may include bag-drop systems,

reverse vending machines, or other beverage container collection mechanisms to enhance

convenience and accessibility for consumers.

     (30) "Fraudulent activity" means any of the following:

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     (i) Redeeming a beverage container purchased outside the State of Rhode Island;

     (ii) Altering a beverage container not eligible for a refund in the State of Rhode Island

recycling refund system to make it appear eligible for a refund;

     (iii) Altering a receipt to increase the payout beyond the amount from appropriately

redeeming covered beverage containers; and

     (iv) Tampering with beverage container collection mechanisms to enable redemption of a

beverage container or knowingly attempting to redeem a beverage container that:

     (A) Was not purchased in the State of Rhode Island;

     (B) Is not in the State of Rhode Island recycling refund system;

     (C) Had no deposit paid on it in the State of Rhode Island; or

     (D) Has already been redeemed for a refund.

     (31) "Full-service redemption site" means a return point where individuals may return

covered beverage containers to receive immediate refunds for their returns.

     (32) "Government entity" means any:

     (i) County, city, town, or other local government, including any municipal corporation,

quasi-municipal corporation, or special purpose district, or any office, department, division, bureau,

board, commission, or agency thereof, or other local public agency;

     (ii) State office, department, division, bureau, board, commission, or other state agency;

     (iii) Federally-recognized Indian tribes whose traditional lands and territories include parts

of the State of Rhode Island; or

     (iv) Federal office, department, division, bureau, board, commission, or other federal

agency.

     (33) "Incidental presence" means the presence of an additive at a concentration that is less

than one hundred parts per million (100 ppm) by weight one hundredths percent (0.01%).

     (34) "Independent auditor" means an independent and actively licensed certified public

accountant that is:

     (i) Retained by a producer responsibility organization;

     (ii) Not otherwise employed by or affiliated with a producer responsibility organization;

and

     (iii) Qualified to conduct an audit under State of Rhode Island law.

     (35) "Infrastructure investment" means an investment by a packaging producer

responsibility organization that funds:

     (i) Equipment or facilities in which covered materials are prepared for reuse, recycling, or

composting;

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     (ii) Equipment or facilities used for source reduction, reuse, recycling, or composting of

covered materials; or

     (iii) The expansion or strengthening of demand for and use of covered materials by

responsible markets in the State of Rhode Island or region.

     (36) "Intentionally added" means the act of deliberately utilizing an additive in the

formation of a covered material where its continued presence is desired in the final covered material

to provide a specific characteristic, appearance, or quality. The use of an additive as a processing

agent, mold release agent, or intermediate is considered intentional addition for the purposes of this

chapter where the additive is detected in the final covered material. "Intentionally added" does not

include the use of postconsumer recycled content, where some portion of the postconsumer

recycled content may contain amounts of the additive but is neither desired nor deliberate.

     (37) "Introduce" means to sell, offer for sale, distribute, or use to ship a product within or

into the State of Rhode Island.

     (38) "Labor organization" means any organization that exists and is constituted for the

purpose, in whole or in part, of collective bargaining, or of dealing with employers concerning

grievances, terms or conditions of employment, or of other mutual aid or protection.

     (39) "Living wage" means the minimum hourly wage necessary to allow a person working

forty (40) hours per week to afford basic needs.

     (40) "Lobby" and "lobbying" means the practice of promoting, opposing, or in any manner

influencing or attempting to influence the introduction, defeat, or enactment of legislation before

any legislative body; opposing or in any manner influencing the executive approval, veto, or

amendment of legislation; or the practice of promoting, opposing, or in any manner influencing or

attempting to influence the enactment, promulgation, modification, or deletion of regulations

before any regulatory body. The term does not include providing public testimony before a

legislative body or regulatory body or any committee thereof.

     (41) "Material recovery facility" means a facility in the State of Rhode Island that collects,

compacts, repackages, sorts, or processes for transport source separated material for the purpose of

recycling.

     (42) "Municipality" means the individual cities and towns of the State of Rhode Island.

     (43) "Needs assessment" means an assessment conducted according to § 23-19.19-8.

Except where specified otherwise, needs assessment means the most recently completed needs

assessment.

     (44) "Packaging" means a material type, such as paper, plastic, glass, metal, or multi-

material, that is used to protect, contain, transport, or serve a product. Packaging does not include

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covered beverage containers.

     (45) "Packaging and paper product producer" means the person that satisfies the definition

of producer for any packaging or paper product sold, offered for sale, or distributed in or into the

State of Rhode Island.

     (46) "Packaging manufacturer" means any person, firm, association, partnership, or

corporation that produces packaging or a packaging component for the production of packaging.

     (47) "Packaging producer responsibility organization" means a nonprofit corporation that

is tax exempt under chapter 501(c)(3) of the federal Internal Revenue Code and that is created by

a group of producers to implement the non-recycling refund activities under this chapter.

     (48) "Packaging producer program plan" means a program plan developed by the

packaging producer responsibility organization pursuant to § 23-19.19-9 that is prepared and

submitted to the department for review and approval.

     (49) "Packaging program" means a program where producers of covered materials not in

the recycling refund program pay a fee to meet certain performance targets.

     (50) "Packaging program advisory council" means the council established under this

chapter.

     (51) "Paper product" means a product made primarily from wood pulp or other cellulosic

fibers, but does not include bound books or products that recycling or composting facilities will not

accept because of the unsafe or unsanitary nature of the paper product. Paper product does not

include exempt materials.

     (52) "Postconsumer recycled content" means the amount of postconsumer material used

by a producer in the production of a covered materials type, divided by the total amount of that

covered materials type used for products sold or distributed by the producer in that same calendar

year.

     (53) "Producer" means the following person responsible for compliance with requirements

under this chapter for an item sold, offered for sale, or distributed in or into the State of Rhode

Island:

     (i) For an item sold in or with packaging at a physical retail location in the State of Rhode

Island:

     (A) If the item is sold in or with packaging that includes a brand, the producer is the brand

owner;

     (B) If there is no person or entity described in subsection (a)(53)(i)(A) of this section, the

producer is the person or entity that is licensed to sell, offer for sale, or distribute to consumers in

the State of Rhode Island an item under the brand or trademark used in a commercial enterprise,

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sold, offered for sale, or distributed in or into the State of Rhode Island, whether or not the

trademark is registered in the State of Rhode Island;

     (C) If there is no person to which subsections (a)(53)(i)(A) or (a)(53)(i)(B) of this section

applies, the producer is the person that is licensed to manufacture and sell or offer for sale to

consumers in the State of Rhode Island an item under the brand or trademark of another

manufacturer or person;

     (D) If there is no person described in subsections (a)(53)(i)(A) through (a)(53)(i)(C) of this

section within the United States, the producer is the person who is the importer of record for the

item into the United States for use in a commercial enterprise that sells, offers for sale, or distributes

the item in the State of Rhode Island; or

     (E) If there is no person described in subsections (a)(53)(i)(A) through (a)(53)(i)(D) of this

section, the producer is the person that first distributes the item in or into the State of Rhode Island;

     (ii) For items sold or distributed in or into the State of Rhode Island via e-commerce,

remote sale, or remote distribution:

     (A) For packaging used to directly protect or contain the item, the producer of the

packaging is the same as the producer identified under subsection (a)(53)(i) of this section; and

     (B) For packaging used to ship the item to a consumer, the producer of the packaging is

the person that packages the item to be shipped to the consumer;

     (C) For packaging that is an item and is not included in the prior subsections to this

subsection (a)(53)(ii)(C), the producer of the packaging is the person that first distributes the item

in or into the State of Rhode Island;

     (D) A person is the producer of an item or covered product sold, offered for sale, or

distributed in or into the State of Rhode Island, as defined in subsection (a)(53) of this section,

except where a private label producer has mutually agreed with a brand owner to accept

responsibility as the producer, and the private label producer has joined a registered producer

responsibility organization as the responsible producer for that item. In the event that a private label

producer accepts responsibility as the producer under this subsection, the brand owner shall provide

written certification of that contractual agreement to the producer responsibility organization; and

     (E) If the producer described in this subsection is a business operated wholly or in part as

a franchise, the producer is the franchisor, if that franchisor has franchisees that have a commercial

presence within the State of Rhode Island.

     (F) Producer does not include:

     (I) Government entities; or

     (II) Registered 501(c)(3) charitable organizations and 501(c)(4) social welfare

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organizations.

     (54) "Producer responsibility organization" means a nonprofit corporation that is tax

exempt under chapter 501(c)(3) of the federal Internal Revenue Code and is set up to carry out the

responsibilities of either the packaging program or the recycling refund program, or both programs.

     (55) "Recycling" means the series of activities by which material is collected, transported,

sorted, and processed for use in industrial feedstocks in place of virgin materials to manufacture

new products with minimal loss of material quality and quantity. "Recycling" does not include:

     (i) Landfill disposal;

     (ii) Use as alternative daily cover or any other beneficial use at a landfill; or

     (iii) Energy recovery, energy generation, or fuel production by any means including, but

not limited to, combustion, incineration, pyrolysis, gasification, solvolysis, or waste-to-fuel.

     (56) "Recycling rate" means the amount of recyclable covered material, in aggregate or by

individual covered materials type, recycled in a calendar year divided by the total amount of

recyclable covered material, in aggregate or by individual covered materials type, sold or

distributed into the State of Rhode Island by the relevant unit of measurement in the approved

program plan.

     (57) "Recycling refund" means a covered beverage container redemption program that pays

a per-unit refund value to consumers for covered beverage containers and collects and processes

covered beverage containers as described in this chapter.

     (58) "Recycling refund advisory council" means the council established under this chapter.

     (59) "Recycling refund processing facility" means a location that is designated by the

recycling refund producer responsibility organization to receive, sort, and prepare redeemed

beverage containers for recycling or reuse.

     (60) "Recycling refund producer responsibility organization" means a nonprofit

corporation that is tax exempt under chapter 501(c)(3) of the federal Internal Revenue Code created

by a group of recycling refund covered beverage containers producers to implement activities under

this chapter.

     (61) "Recycling refund program plan" means a program plan developed by the recycling

refund producer responsibility organization that is prepared and submitted to the department for

review and approval.

     (62) "Redemption rate" means the number of covered beverage containers redeemed for

the recycling refund divided by the number of covered beverage containers sold in the State of

Rhode Island in a calendar year. Covered beverage containers transferred by material recovery

facilities to additional materials processing or end markets are not included in the redemption rate.

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     (63) "Redemption site" means a public or private place that provides, via any beverage

container collection mechanism, the ability to redeem a covered beverage container for which a

deposit was paid.

     (64) "Refill" means the continued use of a covered material by a consumer through a

system that is:

     (i) Intentionally designed and marketed for repeated filling of a covered material to reduce

demand for new production of the covered material;

     (ii) Supported by adequate logistics and infrastructure to provide convenient access for

consumers; and

     (iii) Compliant with all applicable statutes, rules, ordinances, and other laws governing

health and safety from any government entity.

     (65) "Responsible market" means a materials market that:

     (i) First produces and sells, transfers, or uses recycled organic product or recycled content

feedstock that meets the quality standards necessary to be used in the creation of new or

reconstituted products in a manner that protects the environment and minimizes risks to public

health and worker health and safety;

     (ii) Complies with all applicable statutes, rules, ordinances, and other laws governing

environmental, health, safety, and financial responsibility from any government entity;

     (iii) Possesses all requisite licenses and permits required by a federal or state agency or

political subdivision;

     (iv) If the market operates in a state, manages waste according to the waste management

goal and priority order of waste management practices stated in statute;

     (v) Minimizes adverse impacts to environmental justice areas; and

     (vi) Meets the minimum operational standards adopted under a packaging producer

program plan to protect the environment, public health, worker health and safety, and minimize

adverse impacts to socially vulnerable populations.

     (66) "Retail establishment" means any person, corporation, partnership, business, facility,

vendor, organization, or individual that sells or provides merchandise, goods, or materials directly

to a consumer that engages in the sale of beverages that are covered beverage containers intended

for consumption off site.

     (67) "Return rate" means the amount of reusable covered material, in aggregate or by

individual covered materials type, collected for reuse by a producer or service provider in a calendar

year, divided by the total amount of reusable covered material, in aggregate or by individual

covered materials type, sold or distributed into the State of Rhode Island by the relevant unit of

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measurement in the approved program plan.

     (68) "Reusable" means capable of reuse.

     (69) "Reuse" means the return of a covered material to the marketplace and the continued

use of the covered material by a producer or service provider when the covered material is:

     (i) Intentionally designed and marketed to be used multiple times for its original intended

purpose without a change in form;

     (ii) Designed for durability and maintenance to extend its useful life and reduce demand

for new production of the covered material;

     (iii) Supported by adequate logistics and infrastructure at a retail location, by a service

provider, or on behalf of or by a producer, that provides convenient access for consumers; and

     (iv) Compliant with all applicable statutes, rules, ordinances, and other laws governing

health and safety from any government entity.

     (70) "Reuse rate" means the share of units of a reusable covered material sold or distributed

into the State of Rhode Island in a calendar year that are demonstrated and deemed reusable in

accordance with an approved packaging producer program plan or recycling refund program plan.

     (71) "Service provider" means an entity that provides covered services for covered

materials. A political subdivision that provides or that contracts or otherwise arranges with another

party to provide covered services for covered materials within its jurisdiction may be a service

provider regardless of whether it provided, contracted for, or otherwise arranged for similar services

before the approval of the applicable producer program plan.

     (72) "Source reduction" means the design, manufacture, acquisition, purchase, or use of

materials or products to reduce the amount of municipal waste before it enters the municipal trash.

This may be accomplished through the redesign of manufacturing processes; redesign of products;

changes in consumers' purchasing decisions, use, and disposal habits; and backyard composting.

     (73) "Third-party certification" means certification by an accredited independent

organization that a standard or process required by this chapter, or by a packaging producer program

plan or a recycling refund program plan approved under this chapter, has been achieved.

     (74) "Unredeemed deposit" means a deposit paid by a consumer to a retailer upon purchase

of a covered beverage container for which no person claimed the deposit by returning the beverage

container to a redemption site.

     (b) References to "this chapter" contained in chapters 19.19, 19.20, and 19.21 of title 23,

may and shall be applied jointly and severally, and a reference to one may be construed as a

reference to any or all of the other chapters as the context indicates, except where the context clearly

indicates otherwise.

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     23-19.19-2. Registration of packaging producer responsibility organizations.

     (a) Appointment of packaging producer responsibility organization. By July 1, 2026, the

department shall accept applications from packaging producer responsibility organizations to

represent packaging and paper product producers in fulfilling the requirements of this chapter.

     (b) The application from a packaging producer responsibility organization shall include, at

a minimum, the following:

     (1) Contact information for a person responsible for implementing an approved packaging

producer program plan;

     (2) A list of any member packaging and paper product producers that have entered into

written agreements to operate under the packaging producer program plan;

     (3) A list of current board members and the executive director if different from the person

responsible for implementing the approved packaging producer program plan; and

     (4) Documentation demonstrating adequate financial responsibility and financial controls

to ensure proper management of funds and payment of the registration fee and packaging and paper

product producer fees.

     (c) By October 1, 2026, the department may approve, for a period not to exceed ten (10)

years, a single packaging producer responsibility organization if the packaging producer

responsibility organization demonstrates that it:

     (1) Is an independent nonprofit organization that qualifies for tax exemption under 26

U.S.C. § 501(c)(3) of the federal Internal Revenue Code;

     (2) Has the ability to administer the requirements of a packaging producer program plan

under this chapter;

     (3) Has a governing board consisting of packaging and paper product producers that

represent the diversity of packaging in the market; and

     (4) Has adequate financial responsibility and financial controls to ensure proper

management of funds and payment of the registration fee required under this section.

     (d) The department may revoke the approval of a packaging producer responsibility

organization if the department determines that the packaging producer responsibility organization:

     (1) Failed to meet the collection rate or recycling rate performance targets four (4) years in

a row; and

     (2) Has not made reasonable progress over this four (4) year period toward compliance.

     (e) If the department exercises its authority under this section, then:

     (1) The department shall set dates to restart the appointment process; and

     (2) The previously approved packaging producer responsibility organization shall continue

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operating until the department appoints a new recycling refund producer responsibility

organization.

     (f) Registration fee:

     (1) By November 1, 2027, the packaging producer responsibility organization shall submit

a one-time payment to the department, in lieu of a registration fee, in an amount determined by the

department, to cover the previously incurred costs and future estimated costs of the department

under this chapter from the effective date of this chapter through paying the annual registration fee

required in this section. By August 1, 2027, the department shall provide written notice to the

appointed packaging producer responsibility organization in writing of the amount of the

registration fee;

     (2) On July 1, 2028, and on each July 1 thereafter, the packaging producer responsibility

organization shall submit to the department a registration fee, as determined by the department. By

May 1, 2028, and on each May 1 thereafter, the department shall provide written notice to registered

packaging producer responsibility organizations, in writing, of the amount of the registration fee.

The registration fee shall be set at an amount anticipated to in the aggregate to meet, but not exceed

the department's estimate of the costs required to perform the department's duties and to otherwise

administer, implement, and enforce this chapter;

     (3) The department shall annually reconcile the fees paid by a packaging producer

responsibility organization under this section with the actual costs incurred by the department by

means of credits or refunds to or additional payments required of a producer responsibility

organization, as applicable.

     (g) Option for additional packaging producer responsibility organizations. After the first

packaging producer program plan approved by the department expires, the department may allow

registration of more than one packaging producer responsibility organization if:

     (1) Producers of a covered materials type or a specific covered material appoint a packaging

producer responsibility organization; or

     (2) Producers organize under additional packaging producer responsibility organizations.

     (h) Disposition of fees. All fees received under this section shall be deposited in the State

of Rhode Island treasury and credited to the product producer responsibility account.

     23-19.19-3. Packaging producer responsibility organization duties.

     A packaging producer responsibility organization shall:

     (1) Register with the department, as required under this chapter;

     (2) Submit packaging producer program plans, as required under this chapter;

     (3) Implement packaging producer program plans approved by the department under this

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chapter;

     (4) Forward upon receipt from the department the lists established under this chapter to all

service providers that participate in a packaging producer program plan administered by the

packaging producer responsibility organization;

     (5) Establish by September 1, 2027, an initial packaging producer fee structure to fund the

initial implementation of the program, to be used until the packaging producer responsibility

organization has an approved packaging producer responsibility program plan, as required under §

23-19.19-9;

     (6) Collect producer fees as required under § 23-19.19-11;

     (7) Submit the reports required under § 23-19.19-13;

     (8) Ensure that producers operating under a packaging producer program plan administered

by the packaging producer responsibility organization comply with the requirements of the

packaging producer program plan under § 23-19.19-9 and with this chapter;

     (9) Expel a producer from the packaging producer responsibility organization if efforts to

return the producer to compliance with the plan or with the requirements of this chapter are

unsuccessful;

     (10) Notify the department when a producer has been expelled;

     (11) Consider and respond in writing within ninety (90) days to comments received from

the advisory council, including justifications for not incorporating advisory council

recommendations;

     (12) Maintain a website with the information required under § 23-19.19-12;

     (13) Notify the department within thirty (30) days of a change made to the contact

information for a person responsible for implementing the packaging producer program plan, to

board membership, or to the executive director;

     (14) Assist service providers to identify, use, and expand responsible markets;

     (15) Contract directly with service providers and provide payments in a timely manner;

and

     (16) Comply with all other applicable requirements of this chapter.

     23-19.19-4. Packaging program advisory council.

     (a) Establishment. The packaging program advisory council is established to review all

activities conducted by packaging producer responsibility organizations under this chapter and to

advise the department and packaging producer responsibility organizations regarding the

implementation of this chapter.

     (b) Duties. The packaging program advisory council shall:

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     (1) Convene its initial meeting by June 1, 2027;

     (2) Establish when, and a process by which, it will accept public comments;

     (3) Advise on the development of packaging producer program plans and needs

assessments to help ensure they:

     (i) Align with best practices;

     (ii) Reflect the reality in the State of Rhode Island; and

     (ii) Consider the needs of the State of Rhode Island;

     (4) Submit comments to packaging producer responsibility organizations and to the

department on any matter relevant to the administration of this chapter;

     (5) Provide written comments to the department during any rulemaking process undertaken

by the department; and

     (6) Comply with all other applicable requirements of this chapter.

     (c) Membership. By March 1, 2027, the department shall establish and appoint the initial

membership of the packaging program advisory council. The membership of the packaging

program advisory council shall consist of the following:

     (1) Two (2) members representing manufacturers of covered materials or a State of Rhode

Island or national trade association representing those manufacturers;

     (2) One member representing recycling facilities that manage covered materials;

     (3) One member representing a waste hauler or a State of Rhode Island association

representing waste haulers;

     (4) One member representing retailers of covered materials or a State of Rhode Island trade

association representing those retailers;

     (5) Two (2) members representing State of Rhode Island nonprofit environmental

organizations;

     (6) Two (2) members representing community-based nonprofit environmental justice

organizations;

     (7) One member representing Rhode Island resource recovery corporation or another waste

facility that receives, and sorts covered materials and transfers them to another facility for reuse,

recycling, or composting;

     (8) One member representing a waste facility that receives compostable materials for

composting or a State of Rhode Island trade association that represents such facilities;

     (9) One member representing a labor organization;

     (10) Two (2) members representing an entity that develops or offers for sale covered

materials that are designed for reuse or refill and maintained through a reuse or refill system or

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infrastructure or a State of Rhode Island or national trade association that represents such entities;

     (11) Three (3) members representing non-federal or non-state government entities;

     (12) Two (2) members representing other interested parties or additional members of

interests represented, as determined by the department; and

     (13) One member representing the department.

     (d) Terms. Removal. Members shall serve for a term of four (4) years, except that the initial

term for a majority of the initial appointees shall be two (2) years so that membership terms are

staggered. Members may be reappointed, but may not serve more than eight (8) consecutive years.

A member of the advisory council appointed under subsection (c)(12) of this section serves at the

pleasure of the department.

     (e) Quorum. A quorum is reached when:

     (1) A majority of packaging program advisory council member seats are filled; and

     (2) A majority of the non-vacant packaging program advisory council member seats is

present.

     (f) Voting. Action by the packaging program advisory council requires a quorum and a

majority of those present and voting. All members of the packaging program advisory council,

except the members appointed under subsection (c)(12) of this section, are voting members of the

council.

     (g) Meetings. The packaging program advisory council shall meet at least two (2) times

per year and may meet more frequently upon ten (10) days' written notice at the request of the chair

or a majority of its members.

     (h) Department role.

     (1) The department shall provide administrative and operating support to the packaging

program advisory council, and the department may contract with a third-party facilitator to assist

in administering the activities of the packaging program advisory council, including establishing a

website or landing page on the department website.

     (2) The department shall assist the advisory council in developing policies and procedures

governing the disclosure or perceived conflict of interest.

     23-19.19-5. Packaging and paper product producer responsibilities.

     (a) Duties. After July 1, 2027, a packaging and paper product producer shall be a member

of a packaging producer responsibility organization.

     (b) A packaging and paper product producer shall:

     (1) Register with the packaging producer responsibility organization;

     (2) Implement the requirements of the packaging producer program plan;

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     (3) Pay producer fees under § 23-19.19-11;

     (4) Report to the packaging producer responsibility organization at a frequency to be

determined by the packaging producer responsibility organization:

     (i) The total amount, by unit and weight, of each type of packaging material sold, offered

for sale, or distributed for sale into the State of Rhode Island by the producer in the prior calendar

year; and

     (ii) All other information necessary for the producer and the packaging producer

responsibility organization to meet its obligations required under this chapter.

     (c) Comply with all other applicable requirements of this chapter.

     23-19.19-6. Packaging sales restrictions.

     (a) Packaging producer restrictions. After January 1, 2030, no packaging and paper product

producer may introduce covered materials, either separately or when used to package another

product, unless the producer enters into a written agreement with a packaging producer

responsibility organization to operate under an approved packaging producer program plan.

     (b) After January 1, 2032, no producer may sell in the State of Rhode Island covered

materials unless covered services are provided for the covered materials through a program in a

packaging producer program plan approved by the department and the covered materials are:

     (1) Reusable and capable of being managed through a reuse system that meets the reuse

rate and return rate required under chapter;

     (2) Capable of refill and supported by a refill system;

     (3) Included on the recyclable covered materials list established under § 23-19.19-7; or

     (4) Included on the compostable covered material list established under § 23-19.19-7.

     (c) A packaging producer responsibility organization may petition the department for a two

(2)-year extension to comply with the requirements of this section. The department may approve

the extension if the petition demonstrates that market or technical issues prevent a specific covered

material from being considered reusable or included on the lists established under § 23-19.19-7.

The packaging producer responsibility organization may petition the department for additional

annual extensions, if the packaging producer responsibility organization demonstrates that market

or technical issues preventing compliance persist.

     23-19.19-7. Packaging program department responsibilities.

     (a) The department shall:

     (1) Appoint the initial membership of the packaging program advisory council as required

under this chapter;

     (2) Provide administrative and operating support to the packaging program advisory

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council;

     (3) Consult on the preliminary needs assessment and needs assessment updates that the

packaging producer responsibility organization conducts, and modify requirements for needs

assessments as it deems appropriate;

     (4) Review and determine whether to approve a needs assessment according to this chapter;

     (5) Review and determine whether to approve packaging producer program plans and

amendments to packaging producer program plans according to § 23-19.19-9;

     (6) Establish requirements for a composting rate, reuse rate, return rate, source reduction,

and postconsumer recycled content, according to the requirements of this chapter;

     (7) Generate, in consultation with the packaging producer responsibility organization, a list

of covered materials determined to be recyclable or compostable in the State of Rhode Island, using

the following criteria:

     (i) Current availability of recycling and composting collection services;

     (ii) Recycling and composting processing infrastructure;

     (iii) Capacity and technology for sorting covered materials;

     (iv) Whether a covered material is of a type and form that is regularly sorted and aggregated

into defined streams for recycling processes or is included in a relevant Institute of Scrap Recycling

Industries specification or its successors;

     (v) Availability of responsible markets;

     (vi) Presence and amount of processing residuals, contamination, and additives of high

concern;

     (vii) Quantity of covered material estimated to be available and recoverable; and

     (viii) Projected future conditions for the criteria in this subsection;

     (8) Establish a process by which the department will consider adding to the recyclable or

compostable list in subsection (a)(7) of this section new materials as proposed by the packaging

producer responsibility organization in a program plan;

     (9) Establish a process by which a packaging and paper product producer may request the

department classify one or more types of packaging or product products as an exempt material if

the department determines that a specific federal or State of Rhode Island health and safety

requirement prevents the packaging from being made reusable, recyclable, or compostable, with

each classification determination lasting no more than two (2) years with the ability to be renewed;

     (10) Review provisions in packaging producer program plan to ensure responsible end

markets as part of determination whether to improve the packaging producer program plan;

     (11) Post on the department's website:

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     (i) The most recent registration materials submitted by the packaging producer

responsibility organization;

     (ii) A list of registered service providers;

     (iii) The most recent packaging program needs assessments;

     (iv) Any packaging plan or amendment submitted by a packaging producer responsibility

organization that is in draft form during the public comment period;

     (v) The most recent recyclable or compostable covered lists established as required under

this section.

     (vi) The list of exempt materials as defined in this chapter and covered materials exempt

from performance targets as approved in the packaging producer program plan;

     (vii) Links to producer responsibility organization websites;

     (viii) Comments of the public, advisory council, and producer responsibility organizations

on packaging producer plans and needs assessments, and, if any, the responses of the department

to those comments; and

     (ix) Links to adopted rules implementing this chapter;

     (12) Review and determine whether to approve the selection of independent auditors to

perform an annual financial audit of each producer responsibility organization; and

     (13) Adopt any regulations necessary to implement this chapter.

     23-19.19-8. Packaging program needs assessments.

     (a) Needs assessments required. By June 1, 2028, the packaging producer responsibility

organization shall complete an initial needs assessment, and provide an updated needs assessment

every five (5) years thereafter.

     (b) Content of needs assessment.

     (1) An initial needs assessment, and all subsequent updates, shall include at least the

following:

     (i) An evaluation of:

     (ii) Existing source reduction, reuse, recycling, and composting, as applicable, for each

covered materials type, including collection rates, recycling rates, composting rates, reuse rates,

and return rates, as applicable, for each covered materials type;

     (iii) Overall recycling rate, composting rate, reuse rate, and return rate for all covered

materials; and

     (iv) The extent to which postconsumer recycled content, by the best estimate, is or could

be incorporated into each covered materials type, as applicable, including a review of market and

technical barriers to incorporating postconsumer materials into covered materials and of whether

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for certain covered materials more recycled content has a net negative environmental impact, with

the evaluation for plastics, including a separate evaluation of rigid plastics by resin type and an

evaluation for film and flexible plastics;

     (2) An evaluation of covered materials in the disposal, recycling, and composting streams

to determine the covered materials types and amounts within each stream, using new studies

conducted by the department or publicly available and applicable studies;

     (3) Proposals for reuse, recycling, composting rates for each covered materials type that

could reasonably be accomplished within a five (5) year time frame in multiple units of

measurement including, but not limited to, unit-based, weight-based, and volume-based;

     (4) Recommended collection methods by covered materials type to maximize collection

efficiency, maximize feedstock quality, and optimize service and convenience for collection of

covered materials to be considered or that are included on lists established;

     (5) Proposed plans and metrics for how to measure progress in achieving performance

targets;

     (6) An inventory of the current system, including:

     (i) Tons of collected covered materials;

     (ii) Capacity at recycling facilities, compost facilities, drop-off collection sites, and transfer

stations;

     (iii) Infrastructure, capacity, and performance for the existing covered services for covered

materials operating in the State of Rhode Island;

     (iv) Availability and cost of covered services for covered materials to covered entities and

any other location where covered materials are introduced, including identification of disparities in

the availability of these services in environmental justice areas compared with other areas and

proposals for reducing or eliminating those disparities;

     (7) An evaluation of investments needed to increase source reduction, reuse, recycling, and

composting rates of covered materials to meet the proposed performance targets in § 23-19.19-9;

     (8) An assessment of the viability and robustness of markets for recyclable covered

materials and the degree to which these markets can be considered responsible markets;

     (9) An assessment of the level and causes of contamination of source-separated recyclable

materials, source-separated compostable materials and collected reusables, and the impacts of

contamination on service providers, including the cost to manage this contamination; and

     (10) Recommendations for meeting the criteria for an alternative collection program as

established in this chapter, and in every subsequent needs assessment after the initial needs

assessment, a review of existing alternative collection programs for each covered material listed to

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determine if the program is meeting the criteria in this chapter.

     (11) The department may modify what the packaging producer responsibility organization

is required to include in the initial needs assessment and the needs assessment updates.

     (c) Input from interested parties. In conducting a needs assessment, the packaging producer

responsibility organization shall:

     (1) Initiate a consultation process to obtain recommendations from the packaging program

advisory council, political subdivisions, service providers and other interested parties regarding the

type and scope of information that should be collected and analyzed in the needs assessment

required by § 23-19.19-8;

     (2) Contract with a third party who is not a producer, a packaging producer responsibility

organization, or a member of the advisory council to conduct the needs assessment; and

     (3) Prior to finalizing the needs assessment, make the draft needs assessment available for

comment by the advisory council, the department, and the public.

     (d) Participation required.

     (1) A service provider or other person with data or information necessary to complete a

needs assessment shall provide the data or information to the packaging producer responsibility

organization contractor conducting the needs assessment upon request.

     (2) The packaging producer responsibility organization contractor conducting the needs

assessment shall aggregate and anonymize the data or information, excluding location data

necessary to assess needs, received from all parties under subsection (d)(1) of this section.

     (e) Department review.

     (1) Within one hundred twenty (120) days of the completion of any needs assessment, the

department shall review the needs assessment and either approve, modify, or deny it.

     (2) In making a determination under subsection (a) of this section, the department shall

confirm:

     (i) All requirements of this section are met; and

     (ii) The needs assessment was produced with sufficient rigor and using an appropriate,

evidence-based methodology, ensuring accuracy, reliability, and alignment with established best

practices.

     (3) If the department denies or requests additional information for a needs assessment, the

department shall provide the packaging producer responsibility organization with the reasons, in

writing, that the needs assessment does not meet the requirements of this section. The packaging

producer responsibility organization has sixty (60) days from the date that the rejection or request

for additional information is received to submit to the department any revisions or additional

LC002622 - Page 22 of 57

information necessary for the approval of the needs assessment. The department shall review and

approve or disapprove the needs assessment no later than sixty (60) days after the date the

department receives the revisions or additional information.

     (4) A packaging producer responsibility organization may resubmit a needs assessment to

the department on not more than two (2) occasions. If after the second resubmission, the department

determines that the needs assessment does not meet the plan requirements of this chapter, the

packaging producer responsibility organization shall pay a service provider to complete work in

accordance with a scope of work provided by the department that will bring the needs assessment

into compliance with this section.

     23-19.19-9. Packaging producer program plan.

     (a) Packaging producer program plan required.

     (1) By January 1, 2030, and every five (5) years thereafter, a packaging producer

responsibility organization shall submit a packaging producer program plan to the department that

describes the proposed operation by the organization of programs to fulfill the requirements of this

chapter and that incorporates the findings and results of needs assessments. If there is more than

one packaging producer responsibility organization, they shall coordinate to submit a single

packaging producer program plan. Once approved, a packaging producer program plan remains in

effect for five (5) years, as amended, or until a subsequent packaging producer program plan is

approved.

     (2) By January 1, 2031, or within six (6) months of plan approval, whichever is later,

implement the first packaging producer program plan; subsequent packaging producer program

plans shall be implemented within six (6) months of approval by the department.

     (b) Packaging program advisory council review of draft plan and amendments. A

packaging producer responsibility organization shall submit a draft packaging producer program

plan or draft amendment to the advisory council prior to submitting the draft plan or draft

amendment to the department and shall, prior to submission of the draft plan or draft amendment

to the department, respond to advisory council comments and recommendations received within

sixty (60) days of providing the draft program plan or draft amendment to the advisory council and

indicate whether those comments or recommendations were accepted or rejected.

     (c) Content of packaging producer program plan. A draft packaging producer program plan

shall include at a minimum:

     (1) Collection rate and recycling rate performance targets established under § 23-19.19-10

as applicable to each covered materials type to be accomplished within a five (5) year period;

     (2) Proposed performance targets for composting, source reduction, reuse, refill that:

LC002622 - Page 23 of 57

     (i) Meet the requirements set by the department in § 23-19.19-9(b);

     (ii) Are informed by the latest needs assessment and the most recent State of Rhode Island

solid waste management plan;

     (3) Proposed performance targets for post-consumer recycled content for covered materials

that do not have sufficient end-markets, as well as any other covered materials the packaging

producer responsibility organization deems appropriate;

     (4) A description of the methods of collection, how collection service convenience metrics

will be met, and processing infrastructure and covered services to be used for each covered

materials type at covered entities, at a minimum, and how these will meet the performance targets

established for covered materials:

     (i) Included on the recyclable list established in this chapter;

     (ii) Included on the compostable list established in this chapter;

     (iii) That are reusable covered materials managed through a reuse system; and

     (iv) That are capable of refill and managed through a refill system;

     (5) Proposals for exemptions from performance targets for covered materials that cannot

be source reduced or made reusable, recyclable, or compostable due to federal or State of Rhode

Island health and safety requirements, identifying the specific federal or State of Rhode Island

requirements and their impact on the covered materials;

     (6) A description of how, for each covered materials type, the producer responsibility

organization will measure recycling, reuse, composting, and the inclusion of postconsumer

recycled content, including the relevant unit of measurement;

     (7) Third-party certifications as required by the department or voluntarily undertaken;

     (8) A budget identifying funding needs for each of the plan's five (5) calendar years,

producer fees, a description of the process used to calculate the fees, and an explanation of how the

fees meet the requirements of this chapter;

     (9) A description of infrastructure investments, including goals and outcomes and a

description of how the process to offer and select opportunities will be conducted in an open,

competitive, and fair manner; how it will address gaps in the system not met by service providers;

and potential financial and legal instruments to be used;

     (10) An explanation of how the program will be paid for by the producer responsibility

organization through fees from producers, without any new or additional consumer-facing fee to

members of the public, businesses, service providers, the State of Rhode Island or any political

subdivisions, or any other person who is not a producer, unless the fee is:

     (i) A deposit made in connection with a product's refill, reuse, or recycling that can be

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redeemed by a consumer; or

     (ii) A charge for service by a service provider, regardless of whether registered;

     (11) An explanation of how the packaging producer responsibility organization will

coordinate with the Rhode Island resource recovery corporation on implementation;

     (12) A description of activities to be undertaken by the packaging producer responsibility

organization during each year to:

     (i) Foster the improved design of covered materials in accordance with the design attributes

identified in this chapter on packaging and producer fee setting to reduce environmental and human

health impacts;

     (ii) Provide funding to expand and increase the convenience of source reduction, reuse,

collection, recycling, and composting services to covered entities;

     (iii) Provide for contract rates to service providers for State of Rhode Island coverage of

covered services at an optimal level of convenience and service for covered materials on the list

established, to covered entities, at a minimum;

     (iv) Monitor to ensure that postconsumer materials are delivered to responsible markets;

and

     (v) Expand responsible markets and incentivize the purchase of recycled content from only

responsible, domestic or North American markets;

     (13) Include terms and conditions for service agreements with service providers and

templates of the service agreements;

     (14) Performance standards for service providers as applicable to the service provided

including, but not limited to:

     (i) Accepting all covered materials on the recyclable or compostable list required under

this chapter;

     (ii) Labor standards and safety practices including, but not limited to, safety programs,

health benefits, and living wages; and

     (iii) Meets operating standards, such as capture rates, residual rates, and bale quality;

     (15) A description of how the packaging producer responsibility organization will treat and

protect nonpublic data submitted by service providers;

     (16) A description of how the packaging producer responsibility organization will provide

technical assistance to service providers in order to assist them in delivering covered materials to

responsible markets;

     (17) Minimum operational standards to protect the environment, public health, worker

health and safety, and minimize adverse impacts to socially vulnerable populations;

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     (18) A description of how the packaging producer responsibility organization will increase

public awareness, educate, and complete outreach activities that include culturally responsive

materials and methods and evaluate the efficacy of these efforts;

     (19) Proposed alternative collection programs;

     (20) A description of how producers can purchase postconsumer materials from service

providers at market prices if the producer is interested in obtaining recycled feedstock to achieve

minimum postconsumer recycled content performance targets;

     (21) A list of additives of high concern and the credible scientific evidence forming the

basis for this list;

     (22) A discussion of technical assistance provided to producers regarding additives of high

concern in covered materials and actions taken by producers to reduce additives of high concern in

covered materials; and

     (23) A summary of consultations held with the advisory council and other interested parties

to provide input to the packaging producer program plan, a list of recommendations that were

incorporated into the packaging producer program plan as a result, and a list of rejected

recommendations and the reasons for rejection;

     (24) The department, in consultation with the packaging producer responsibility

organization and in consideration of the findings in the needs assessment, shall establish

requirements for the State of Rhode Island and the date by which they shall be met for the following

categories:

     (i) Composting rate;

     (ii) Reuse rate;

     (iii) Return rate;

     (iv) Source reduction; and

     (v) Post-consumer recycled content for covered materials that do not have sufficient end-

markets, as well as any other covered materials the department deems appropriate;

     (25) In setting the requirements in this section, the department shall consider:

     (i) The findings of the needs assessment;

     (ii) Goals of the most recent State of Rhode Island solid waste management plan;

     (iii) With source reduction, the aim of eliminating unnecessary use of material while not

compromising health or safety;

     (iv) With postconsumer recycled content, the net environmental impact of using more

postconsumer material and the ability of packaging to include recycled content given health

considerations, safety considerations, or its unique properties; and

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     (v) With reuse rate, whether reusable containers will be reused enough times to have a

lower environmental impact than the single-use alternatives.

     (d) Review and approval procedure.

     (1) The department shall review and approve, deny, or request additional information for

packaging producer program plans, or draft plan amendments no later than one hundred twenty

(120) days after the date the department receives it from a packaging producer responsibility

organization. The department shall post a draft plan or draft amendment on the department's website

and allow public comment for no less than forty-five (45) days before approving, denying, or

requesting additional information on a draft plan or draft amendment.

     (2) In reviewing the draft plan, the department shall consider, among other factors, the

following:

     (i) Feasibility;

     (ii) Advisory council feedback;

     (iii) Cost;

     (iv) Goals and plans in the Rhode Island solid waste management plan;

     (v) Increasing reuse; and

     (vi) Reducing unnecessary use of materials.

     (3) If the department denies or requests additional information for a draft plan or draft

amendment, the department shall provide the packaging producer responsibility organization with

the reasons, in writing, that the plan or plan amendment does not meet the plan requirements in this

chapter. The packaging producer responsibility organization has sixty (60) days from the date that

the rejection or request for additional information is received to submit to the department any

revisions or additional information necessary for the approval of the draft plan or draft amendment.

The department shall review and approve or disapprove the draft plan or draft amendment no later

than sixty (60) days after the date the department receives the revisions or additional information.

     (4) A packaging producer responsibility organization may resubmit a draft plan or draft

amendment to the department on not more than two (2) occasions. If after the second resubmission,

the department determines that the draft plan or draft amendment does not meet the plan

requirements of this chapter, the department shall modify the draft plan or draft amendment as

necessary for it to meet the requirements of this chapter and approve it.

     23-19.19-10. Packaging performance targets.

     (a) Packaging program collection and recycling performance targets.

     (1) The packaging producer responsibility organization is to achieve the following

collection and recycling performance targets:

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     (i) Starting with calendar year 2033, and annually thereafter:

     (A) A collection rate that is greater than fifty percent (50%); and

     (B) A recycling rate that is greater than forty percent (40%);

     (ii) Starting with calendar year 2037, and annually thereafter:

     (A) A collection rate that is greater than sixty-five percent (65%); and

     (B) A recycling rate that is greater than fifty-five percent (55%);

     (iii) Starting with calendar year 2041, and annually thereafter:

     (A) A collection rate that is greater than seventy-five percent (75%); and

     (B) A recycling rate that is greater than sixty-five percent (65%).

     (2) The department may:

     (i) Modify the collection rate or recycling rate performance targets in subsection (a)(1) of

this section no more than ten (10) percentage points based on feasibility, cost, or other

considerations; or

     (ii) Extend the calendar year start of the collection or recycling rate targets in subsection

(a)(1) of this section no more than two (2) years based on feasibility, cost, or other considerations.

     (b) Measurement criteria for performance targets.

     (1) For purposes of determining whether recycling performance targets are being met,

except as modified by the department, the packaging producer program plan shall provide a

methodology for measuring the amount of recycled material at the point at which material leaves a

recycling facility and shall account for:

     (i) Levels of estimated contamination documented by the facility; and

     (ii) Any exclusions for fuel or energy capture.

     (2) For purposes of determining whether reuse and refill performance targets are being met,

a packaging producer program plan shall provide a methodology for measuring the amount of

reusable covered materials at the point at which reusable covered materials meet the following

criteria as demonstrated by the producer and approved by the department:

     (i) Whether the average minimum number of cycles of reuses within a recognized reuse

system has been met based on the number of times an item shall be reused for it to have lower

environmental impacts than the single-use alternatives of those items; and

     (2) Whether the demonstrated or research-based anticipated return rate of the covered

material to the reuse system has been met.

     (3) For purposes of determining whether postconsumer recycled content performance

targets are being met, a packaging producer program plan shall provide a methodology for

measuring postconsumer recycled content across all producers for a covered materials type where

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producers may determine their postconsumer recycled content based on their United States market

territory if State of Rhode Island-specific postconsumer recycled content is impractical to

determine.

     (4) For other performance targets, the producer responsibility organization shall propose

methodologies for review and approval as part of the packaging producer program plan and

recycling refund producer program plan.

     (c) Alternative collection programs.

     (1) A packaging producer responsibility organization shall implement an alternative

collection program for covered materials included on an alternative collection list established under

this chapter that:

     (i) Provides year-round, convenient, collection opportunities across the State of Rhode

Island, including at least one drop-off collection site located in each municipality;

     (ii) Provides tiers of service for collection, convenience, number of drop-off collection

sites, and additional collection systems based on:

     (A) County population size;

     (B) County population density;

     (iii) Ensures materials are sent to responsible markets;

     (iv) Uses education and outreach strategies that can be expected to significantly increase

consumer awareness of the program throughout the State of Rhode Island; and

     (v) Accurately measures the amount of each covered material collected and the applicable

performance target.

     (d) Audits. The department, in consultation with an advisory council, may require that a

packaging producer responsibility organization or recycling refund producer responsibility

organization obtain and pay for a third-party certification of any activity or achievement required

by this chapter if a third-party certification is readily available, deemed applicable, and of

reasonable cost. The department shall provide a producer responsibility organization with notice of

at least six (6) months prior to requiring use of third-party certification.

     23-19.19-11. Packaging and paper product producer fees.

     (a) Packaging producer responsibility organization annual fee.

     (1) A packaging producer responsibility organization shall annually collect a fee from each

member producer that shall:

     (i) Vary based on the total amount of covered materials each producer introduces in the

prior year calculated on a per-unit basis, such as per ton, per item, or another unit of measurement;

     (ii) Reflect the program costs for each covered materials type, net of commodity value for

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that covered materials type, as well as allocated fixed costs that do not vary based on covered

materials type;

     (iii) Create incentives to reduce environmental impacts, which may include:

     (A) Reducing the amount of:

     (I) Packaging per individual covered material that is necessary to efficiently deliver a

product without damage or spoilage and without reducing its ability to be recycled;

     (II) Paper used to manufacture individual paper products; and

     (III) Additives of high concern;

     (B) Increasing:

     (I) The amount of covered materials managed in a reuse system that are reused the number

of times needed to have lower environmental impacts than the single-use alternatives of those

items; and

     (II) Increasing the proportion of postconsumer material in covered materials while

considering technical limitations and net environmental impact of using more postconsumer

material; and

     (C) Enhancing the recyclability or compostability of a covered material;

     (iv) Discourage using materials and design attributes in covered materials whose

environmental impacts and human health impacts can be reduced by the methods listed within this

section; and

     (v) Generate revenue sufficient to pay in full:

     (A) The required fees;

     (B) Financial obligations to complete activities described in an approved packaging

producer program plan, including payments to service providers;

     (C) The operating costs of the producer responsibility organization; and

     (D) For establishment and maintenance of a financial reserve that is sufficient to operate

the program in a fiscally prudent and responsible manner.

     (2) A packaging producer responsibility organization shall not charge de minimis

producers an annual fee.

     (b) Overcollections. Revenue collected under this section that exceeds the amount needed

to pay the costs described in herein, shall be used to improve or enhance program outcomes or to

reduce producer fees according to provisions of an approved packaging producer program plan.

     (c) Prohibited conduct. Fees collected under this section may not be used for lobbying.

     23-19.19-12. Packaging producer responsibility organization website requirements.

     (a) A packaging producer responsibility organization shall maintain a website that uses best

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practices for accessibility.

     (b) The packaging producer responsibility organization website shall contain, at a

minimum:

     (1) Information regarding a process that members of the public can use to contact the

relevant producer responsibility organization with questions;

     (2) The draft and approved packaging producer program plans and any draft and approved

amendments;

     (3) Annual reports submitted to the department;

     (4) A link to related administrative rules implementing this chapter;

     (5) The names of producers and brands that are not in compliance with this chapter; and

     (6) A list, updated at least monthly, of all member producers operating under the packaging

producer program plan or recycling refund program plan.

     (c) In addition to the requirements in subsection (b) of this section, the packaging producer

responsibility organization website shall have:

     (1) A directory of all service providers operating under the packaging producer program

plan administered by the packaging producer responsibility organization, grouped by location or

political subdivision, and information about how to request service;

     (2) Information for State of Rhode Island residents on what to do with materials on the

recyclable and compostable lists;

     (3) The list of exempt materials as defined in this chapter and covered materials exempt

from performance targets as approved in the packaging producer program plan;

     (4) Current and all past needs assessments; and

     (5) Education materials on source reduction, reuse, recycling, and composting for

producers and the general public.

     23-19.19-13. Packaging program reporting.

     (a) Packaging producer responsibility organization annual report.

     (1) By June 1, 2032, and annually thereafter, a packaging producer responsibility

organization shall submit a report to the department that contains, at a minimum, the following

information for the previous calendar year:

     (i) The total amount of covered materials introduced, by each covered materials type, by

both weight and number of units;

     (ii) Progress made toward the performance targets reported in the same units used to

establish producer fees and reported for the State of Rhode Island, including:

     (A) The amount of covered materials successfully source reduced, reused, recycled, and

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composted by covered materials type and the strategies or collection method used; and

     (B) Information about third-party certifications obtained;

     (iii) The total cost to implement the program and a detailed description of program

expenditures by category, including:

     (A) The total amount of producer fees collected;

     (B) A description of infrastructure investments made; and

     (C) A breakdown of payments by covered services, covered entities, and regions of the

State of Rhode Island;

     (iv) A copy of a financial audit of program operations conducted by an independent auditor

approved by the department that meets the requirements of the Financial Accounting Standards

Board's Accounting Standards Update 2016-14, Not-for-Profit Entities (Topic 958), as amended;

     (v) A description of program performance problems that emerged in specific locations and

efforts taken or proposed by the producer responsibility organization to address them;

     (vi) A description of public awareness, education, and outreach activities undertaken,

including any evaluations conducted of their efficacy;

     (vii) A summary of consultations held with the advisory council and how any feedback

was incorporated into the report as a result, together with a list of rejected recommendations and

the reasons for rejection;

     (viii) A list of producers found to be out of compliance with this chapter and actions taken

by the producer responsibility organization to return producers to compliance, and notification of

any producers that are no longer participating in the producer responsibility organization or have

been expelled due to their lack of compliance;

     (ix) Proposed amendments to the packaging producer program plan to improve program

performance or reduce costs, including changes to producer fees, infrastructure investments, or

contract rates;

     (x) Recommendations for additions or removal of covered materials to or from the

recyclable or compostable covered materials lists developed under this chapter; and

     (xi) Information requested by the department to evaluate the effectiveness of the program

as it is described in the packaging producer program plan and to assist with determining compliance

with this chapter.

     (2) If there is more than one packaging producer responsibility organization, they shall

coordinate to submit a single annual report.

     (3) Every fourth year after a packaging producer program plan is approved by the

department, a performance audit of the program shall be completed by the packaging producer

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responsibility organization. The performance audit shall conform to audit standards established by

the United States Government Accountability Office; the National Association of State Auditors,

Comptrollers, and Treasurers; or another nationally-recognized organization approved by the

department.

     (b) Report following unmet target. A packaging producer responsibility organization that

fails to meet a performance target required under this chapter or approved in a packaging producer

program plan shall, within ninety (90) days of filing an annual report under this section, file with

the department an explanation of the factors contributing to the failure and propose an amendment

to the packaging producer program plan specifying changes in operations that the packaging

producer responsibility organization or recycling refund producer responsibility organization will

make that are designed to achieve the performance targets.

     23-19.19-14. Packaging producer responsibility program account.

     The packaging producer responsibility account is established as a separate account in the

special revenue fund in the State of Rhode Island treasury.

     (1) Appropriations and transfers to the account and fees collected shall be credited to the

account. Earnings, such as interest, dividends, and any other earnings arising from assets of the

account, shall be credited to the account. Money remaining in the account at the end of a fiscal year

does not revert to the general fund but remains in the account until expended.

     (2) Money from the account is appropriated to the department to pay the reasonable costs

of the department to administer this chapter.

CHAPTER 19.20

BEVERAGE CONTAINERS RECYCLING ACT

     23-19.20-1. Registration of recycling refund producer responsibility organization.

     (a) Appointment of recycling refund producer responsibility organization.

     (1) By January 1, 2026, the department shall accept applications from recycling refund

producer responsibility organizations to represent beverage producers in fulfilling the requirements

of this chapter.

     (2) By April 1, 2026, the department may approve, for a period not to exceed ten (10) years,

a single recycling refund producer responsibility organization if the recycling refund producer

responsibility organization demonstrates that it:

     (i) Is an independent nonprofit organization that qualifies for tax exemption under 26

U.S.C. § 501(c)(3) of the federal Internal Revenue Code;

     (ii) Has the ability to administer the requirements of a recycling refund program plan under

this chapter;

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     (iii) Has a governing board consisting of beverage producers that represent the diversity of

beverage containers in the market;

     (iv) Has adequate financial responsibility and financial controls to ensure proper

management of funds and payment of the registration fee required under this section; and

     (v) Meets any other reasonable requirements set by the department.

     (b) Registration fee.

     (1) By November 1, 2026, the recycling refund producer responsibility organization shall

submit a one-time payment to the department, in lieu of a registration fee, in an amount determined

by the department, to cover the previously incurred costs and future estimated costs of the

department under this chapter from the effective date of this chapter through paying the annual

registration fee required. By August 1, 2026, the department shall provide written notice to

registered packaging producer responsibility organization in writing of the amount of the

registration fee.

     (2) On July 1, 2027, and on each July 1 thereafter, the recycling refund producer

responsibility organization shall submit to the department a registration fee, as determined by the

department. By May 1, 2027, and on each May 1 thereafter, the department shall provide written

notice to the registered recycling refund producer responsibility organization in writing of the

amount of the registration fee. The registration fee shall be set at an amount anticipated to in the

aggregate to meet but not exceed the department's estimate of the costs required to perform the

department's duties and to otherwise administer, implement, and enforce this chapter for the twelve

(12) months after the registration date.

     (3) The department shall annually reconcile the fees paid by a recycling refund producer

responsibility organization under this subsection with the actual costs incurred by the department

by means of credits or refunds to or additional payments required of a producer responsibility

organization, as applicable.

     (c) Disposition of fees. All fees received under this section shall be deposited in the state

treasury and credited to the recycling refund program account.

     (d) Approval revocation.

     (1) The department may revoke the approval of the recycling refund producer

responsibility organization if the department determines that the recycling refund producer

responsibility organization:

     (i) Failed to meet the redemption rate targets four (4) years in a row; and

     (ii) Has not made reasonable progress over this four (4) year period toward compliance.

     (2) If the department exercises its authority under subsection (a) of this section, then:

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     (i) The department shall set dates to restart the appointment process; and

     (ii) The previously approved recycling refund producer responsibility organization shall

continue operating until the department appoints a new recycling refund producer responsibility

organization.

     23-19.20-2. Recycling refund producer responsibility organization duties.

     (a) A recycling refund producer responsibility organization shall:

     (1) Register with the department and pay the department fees, as required pursuant to § 23-

19.20-1;

     (2) Submit a recycling refund producer plan to the department, as required under this

chapter;

     (3) Implement recycling refund producer plans approved by the department under this

section;

     (4) Establish by September 1, 2026, an initial beverage producer fee structure to fund the

initial implementation of the program, to be used until the recycling refund producer responsibility

organization has an approved program plan as required under this chapter;

     (5) Collect fees annually from registered beverage producers;

     (6) Submit the reports required under this chapter;

     (7) Ensure that producers operating under a recycling refund program plan administered

by the recycling refund producer responsibility organization comply with the requirements of the

recycling refund program plan and with this chapter;

     (8) Expel a beverage producer from the recycling refund producer responsibility

organization if efforts to return the beverage producer to compliance with the plan or with the

requirements of this chapter are unsuccessful;

     (9) Notify the department when a producer has been expelled;

     (10) Consider and respond in writing within ninety (90) days to comments received from

the advisory council, including justifications for not incorporating board recommendations;

     (11) Maintain a website with the information required under § 23-19.20-10;

     (12) Notify the department within thirty (30) days of a change made to the contact

information for a person responsible for implementing the recycling refund program plan, to board

membership, or to the executive director;

     (13) Contract directly with service providers and provide payments in a timely manner;

and

     (14) Comply with all other applicable requirements of this chapter.

     23-19.20-3. Recycling refund advisory council.

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     (a) Establishment.

     (1) The recycling refund advisory council is established to review all activities conducted

by recycling refund producer responsibility organizations under this chapter and to advise the

department and recycling refund producer responsibility organizations regarding the

implementation of this chapter.

     (b) Duties.

     (1) The recycling refund advisory council shall:

     (i) Convene its initial meeting by June 1, 2026;

     (ii) Establish when and a process by which it will accept public comments;

     (iii) Review the recycling refund program plan and provide comments to the recycling

refund producer responsibility organization, prior to the draft being issued as an official draft for

public comment, to ensure the recycling refund program plan:

     (A) Aligns with best practices;

     (B) Reflects the reality in the State of Rhode Island; and

     (C) Considers the needs of the State of Rhode Island;

     (iv) Review program reports and audits and raise issues for recycling refund producer

responsibility organization follow-up or department enforcement action;

     (v) Review annual reports and provide comments to the department;

     (vi) Ensure that the recycling refund producer responsibility organization and department

are considering a broad range of perspectives in developing recycling refund program plans and in

implementing programs.

     (c) Membership.

     (1) By March 1, 2026, the department shall establish and appoint the initial membership of

the recycling refund advisory council. The membership of the recycling refund advisory council

shall consist of representatives of the following:

     (i) Two (2) members representing a non-federal or non-state government entity;

     (ii) One member representing a retailer, with a preference for a retailer that hosts beverage

container collection mechanisms;

     (iii) One member representing a packaging manufacturer that is not a producer;

     (iv) One member representing Rhode Island resource recovery corporation or a recycling

processor;

     (v) One member representing an environmental nonprofit organization;

     (vi) One member representing an environmental justice organization;

     (vii) One member who is a canner or represents a canner organization;

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     (viii) One member representing a labor organization; and

     (ix) Two (2) members representing other interested parties or additional members of

interests, as determined by the department;

     (2) In making appointments under subsection (c) of this section, the department:

     (i) May not appoint members who are state legislators;

     (ii) May not appoint members who are employees of a producer required to be members of

a producer responsibility organization in this state; and

     (iii) Shall endeavor to appoint members from all regions of the state;

     (3) A chair is elected by majority vote of present members at the first meeting of each year

at which a quorum is reached.

     (c) Terms. Removal. Members shall serve for a term of four (4) years, except that the initial

term for a majority of the initial appointees shall be two (2) years so that membership terms are

staggered. Members may be reappointed but may not serve more than eight (8) consecutive years.

A member of the advisory council appointed under subsection (c)(1)(ix) of this section, serves at

the pleasure of the department.

     (d) Quorum. A quorum is reached when:

     (1) A majority of advisory council member seats are filled; and

     (2) A majority of the non-vacant advisory council member seats is present.

     (e) Voting. Action by an advisory council requires a quorum and a majority of those present

and voting. All members of an advisory council, except the member appointed under subsection

(c)(1)(ix) of this section, are voting members of the board.

     (f) Meetings. Each advisory council shall meet at least two (2) times per year and may meet

more frequently upon ten (10) days' written notice at the request of the chair or a majority of its

members.

     (g) Department role.

     (1) The department shall provide administrative and operating support to each advisory

council, and the department may contract with a third-party facilitator to assist in administering the

activities of each advisory council, including establishing a website or landing page on the

department website.

     (2) The department shall assist the advisory council in developing policies and procedures

governing the disclosure or perceived conflict of interest.

     23-19.20-4. Beverage producer responsibilities.

     (a) Duties.

     (1) After July 1, 2026, a beverage producer shall be a member of a recycling refund

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producer responsibility organization registered in this state.

     (2) A beverage producer shall:

     (i) Register with the recycling refund producer responsibility organization;

     (ii) Implement the requirements of the recycling refund program plan under which the

producer operates;

     (iii) Pay producer fees pursuant to § 23-19.20-9;

     (iv) Provide necessary information for covered beverage containers to the recycling refund

producer responsibility organization at a frequency to be determined by the recycling refund

producer responsibility organization;

     (v) Register with the recycling refund producer responsibility organization the barcode and

Universal Product Code of all covered beverage containers introduced into the state; and

     (6) Comply with all other applicable requirements of this chapter.

     23-19.20-5. Beverage container sales restrictions.

     Beverage container sales and distribution restrictions. After July 1, 2029, a person may not

sell or distribute in or into the state a covered beverage container of a producer that is not

participating in the recycling refund producer responsibility organization or that is not in

compliance with the requirements of this chapter or rules adopted under this chapter.

     23-19.20-6. Recycling refund program department responsibilities.

     (a) Department responsibilities.

     (1) The department shall:

     (i) Appoint the initial membership of the advisory council, as required;

     (ii) Provide administrative and operating support to the advisory council;

     (iii) Review and determine whether to approve recycling refund program plans and

amendments to recycling refund program plans;

     (iv) Post on the department's website:

     (A) The most recent registration materials submitted by the producer responsibility

organizations;

     (B) A list of registered service providers;

     (C) Any packaging plan or amendment submitted by a packaging producer responsibility

organization that is in draft form during the public comment period;

     (D) Comments of the public, advisory council, and recycling refund producer responsibility

organization on packaging producer plans and needs assessments, and, if any, the responses of the

department to those comments;

     (E) Links to adopted rules implementing this chapter;

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     (F) Review the selection of independent auditors to perform an annual financial audit of

the recycling refund producer responsibility organization; and

     (G) Conduct enforcement actions as permitted under this chapter.

     (b) The department may alter the performance targets of § 23-19.20-8 and reporting

requirements of this chapter to accommodate a recycling refund producer responsibility

organization that is operating regionally with the State of Rhode Island and one or more