2026 -- H 7911

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LC004624

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO HEALTH AND SAFETY -- EXTENDED PRODUCER RESPONSIBILITY

FOR PACKAGING AND PAPER ACT

     Introduced By: Representatives McEntee, Spears, Bennett, Knight, Boylan, Caldwell,
Carson, Handy, Speakman, and Donovan

     Date Introduced: February 27, 2026

     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 19.20

EXTENDED PRODUCER RESPONSIBILITY FOR PACKAGING AND PAPER ACT

     23-19.20-1. Definitions.

     (a) As used in this chapter and in chapters 19.21 and 19.22 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:

     (i) An intentionally added substance that is present beyond an incidental presence in

covered materials; 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

     (D) 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)(i) "Beverage producer" means:

     (A) The brand owner responsible for the brand visible on a covered beverage container and

who is responsible for compliance with the requirements of this chapter for a covered beverage

container that is introduced, either physically or via e-commerce, in this state;

     (B) If there is no person to which subsection (a)(6)(i)(A) of this section applies, the

producer is the person who is the importer of record for the covered beverage container into the

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

this state; or

     (C) If there is no person to which subsections (a)(6)(i)(A) or (a)(6)(i)(B) of this section

applies, the producer is the person that first distributes the covered beverage container in or into

this state.

     (ii) "Beverage producer" does not include:

     (A) Government entities; or

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

organizations.

     (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.

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     (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

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) "Contamination" means:

     (i) The presence of materials that are not on the list of materials collected in that material

stream; or

     (ii) The presence of materials that are not specified or accepted as a component of the

feedstock or commodity.

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

producer responsibility organization and the recycling refund producer responsibility organization.

     (18) "Covered beverage container" means any of the following beverage containers subject

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to a recycling refund:

     (i) Except as provided in subsection (18)(ii) of this section, any glass, plastic, or metal can

or bottle with a capacity of at least forty milliliters (40 ml) and no more than one gallon; and

     (ii) Beginning no earlier than the second recycling refund plan implementation period,

other beverage containers proposed for inclusion in the recycling program by a recycling refund

producer responsibility organization and approved by the department.

     (19) "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.

     (20)(i) "Covered material" means packaging and paper products introduced in the State of

Rhode Island.

     (ii) "Covered material" does not include covered beverage containers or exempt materials.

     (21) "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.

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

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

composting.

     (23) "De minimis" means a sum of revenue earned by a person in the most recent fiscal

year from 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.

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

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     (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 21 U.S.C. § 321(z);

     (ii) Are packaging for medical food, as defined in 21 U.S.C. § 23 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 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

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, 21 U.S.C. § 301

et seq., by the United States Department of Agriculture under the federal Virus-Serum-Toxin Act,

21 U.S.C. § 151 et seq.;

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

Agency under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq.;

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

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

federal Occupational Safety and Health Administration Hazard Communication Standard, 29 CFR

§ 1910.1200, that prevent the packaging from being source reduced or made reusable, recyclable,

or compostable, as determined by the department:

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

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

paint");

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

     (xii) 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

     (C) 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 location 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:

     (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;

     (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; and

     (v) Selling or offering for sale a covered beverage container that has not been reported to

the recycling refunds producer responsibility organization.

     (31) "Full-service redemption site" means a return location or avenue where individuals

may return covered beverage containers to receive immediate refunds for their returns.

     (32) "Government entity" means any:

     (i) City, town, or other local government, including any municipal corporation, quasi-

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

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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 or 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) "Individual plan" means a plan submitted by a producer or beverage producer that

registers with the department as a packaging producer responsibility organization or as a recycling

refunds producer responsibility organization to address the covered materials or covered beverage

containers of the producer.

     (36) "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;

     (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 end markets in the State of Rhode Island or region.

     (37) "Intentionally added substance" means a substance that:

     (i) A manufacturer intentionally added to a material in the formation of a covered material;

and

     (ii) Serves an intended function or technical effect in the final covered material.

     (iii) "Intentionally added substance" does not include the use of postconsumer recycled

content, where some portion of the postconsumer recycled content may contain amounts of the

substance but is neither desired nor deliberate.

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

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into the State of Rhode Island.

     (39) "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.

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

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

     (41) "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.

     (42) "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.

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

     (44) "Needs assessment" means an assessment conducted according to § 23-19.20-8.

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

assessment.

     (45) "On-site consumption" means consumption of a beverage in a covered beverage

container that is sold by an establishment and is intended to be consumed on the premises, and with

the beverage container retained at the same establishment after consumption.

     (46) "Packaging" means a material, substance, or object that is used to protect, contain,

transport, serve, or facilitate delivery of a product and is sold or supplied with the product to the

consumer for personal, non-commercial use.

     (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 packaging producer program plan.

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

packaging producer responsibility organization pursuant to § 23-19.20-9 that is prepared and

submitted to the department for review and approval.

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

chapter for the packaging program.

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     (50)(i) "Paper product" means paper sold or supplied to a consumer for personal,

noncommercial use, including flyers, brochures, booklets, catalogs, magazines, printed paper, and

all other paper materials.

     (ii) "Paper product" does not include:

     (A) Bound books;

     (B) Conservation-grade and archival-grade paper;

     (C) Newspapers, including supplements or enclosures;

     (D) Magazines that have a circulation of fewer than ninety-five thousand (95,000) and that

includes content derived from primary sources related to news and current events;

     (E) Copy paper;

     (F) Paper for use in building construction; and

     (G) Paper that could reasonably be anticipated to become unsafe or unsanitary to handle.

     (51) "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.

     (52)(i) "Producer" means the following person responsible for compliance with

requirements under this chapter for a covered material introduced into the state:

     (A) For items sold in or with packaging at a physical retail location in the State of Rhode

Island:

     (I) If the item is sold in or with packaging under the brand of the item manufacturer or is

sold in packaging that lacks identification of a brand, the producer is the person or entity that

manufactures that item;

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

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

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

another manufacturer or person;

     (III) If there is no person to which subsections (a)(53)(i)(A)(I) or (a)(53)(i)(A)(II) of this

section applies, the producer is the brand owner of the item;

     (IV) If there is no person described in subsections (a)(53)(i)(A)(I) through (a)(53)(i)(A)(III)

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

     (V) If there is no person described in subsections (a)(53)(i)(A)(I) through (a)(53)(i)(A)(iv)

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

Island;

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

remote sale, or remote distribution:

     (I) 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)(A) of this section; and

     (II) 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, the producer

of the packaging is the person that first distributes the item in or into the State of Rhode Island;

     (D) For paper products that are magazines, catalogs, telephone directories, or similar

publications, the producer is the publisher;

     (E) For paper products not described in subsection (a)(53)(i)(A) of this section:

     (I) If the paper product is sold under the manufacturer's own brand, the producer is the

person or entity that manufactures the paper product;

     (II) If there is no person or entity to which subsection (a)(53)(i)(E)(I) of this section applies,

the producer is the person or entity that is the owner or licensee of a brand or trademark under

which the paper product is used in a commercial enterprise, 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;

     (III) If there is no person or entity to which subsection (a)(53)(i)(E)(I) or (a)(53)(i)(E)(II)

of this section applies, the producer is the brand owner of the paper product;

     (IV) If there is no person or entity to which subsection (a)(53)(i)(E)(I), (a)(53)(i)(E)(II), or

(a)(53)(i)(E)(III) of this section within the United States, the producer is the person that imports the

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

distributes the paper product in the State of Rhode Island; or

     (V) If there is no person described in subsections (a)(53)(i)(E)(I) through (a)(53)(i)(E)(IV)

of this subsection, the producer is the person that first distributes the paper product in or into the

State of Rhode Island;

     (F) A person is the "producer" of a covered material sold, offered for sale, or distributed in

or into the State of Rhode Island, as defined in subsections (a)(53)(i)(A) through (a)(53)(i)(E) of

this subsection, except;

     (I) Where another person or entity has mutually signed an agreement with a producer as

defined in (a)(53)(i)(A) through (a)(53)(i)(E) of this section that contractually assigns responsibility

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to the person or entity as the producer, and the person or entity has joined a registered packaging

producer responsibility organization as the responsible producer for that covered material under

this chapter. If another person or entity is assigned responsibility as the producer under this

subsection, the producer under subsections (a)(53)(i)(A) through (a)(53)(i) (E) of this section must

provide written certification of that contractual agreement to the packaging producer responsibility

organization. The following persons or entities are not eligible to be the assigned recipient of

responsibility as a producer under this subsection:

     (aa) A person or entity who produces an agricultural commodity introduced under the brand

or trademark of another manufacturer or person;

     (bb) If the producer described in subsection (a)(53)(i)(A) through (a)(53)(i)(E) of 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.

     (ii) Producer does not include:

     (A) Government entities; or

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

organizations.

     (53) "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.

     (54) "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.

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

individual covered materials type, delivered to responsible end markets for recycling in a calendar

year divided by the total amount of covered materials introduced by the relevant unit of

measurement and excluding covered materials that are reusable or compostable.

     (56) "Recycling refund program" 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.

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

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for the recycling refunds program.

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

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

containers collected through the system for recycling or reuse.

     (59) "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.

     (60) "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.

     (61) "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.

     (62) "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.

     (63) "Refillable" means capable of refill.

     (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 end 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

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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 or recycling refunds 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 or beverage containers,

in aggregate or by individual covered materials or covered beverage container type, collected for

reuse by a redemption site, producer responsibility organization, producer, or service provider in a

calendar year, divided by the total amount of reusable covered material or covered beverage

containers, in aggregate or by individual covered materials or covered beverage container type,

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

approved program plan.

     (68) "Reusable" means capable of reuse.

     (69) "Reuse" means the return of a covered material or covered beverage container to the

marketplace and the continued use of the covered material or covered beverage container by a

producer or service provider when the covered material or covered beverage container 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 or covered beverage container;

     (iii) Supported by adequate logistics and infrastructure at a redemption site, 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 or covered

beverage containers 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

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plan or recycling refund program plan, excluding:

     (i) A product protected by a recognized geographic indication, appellation of origin, or

certification mark that legally requires the product to originate from a specific geographic region

located more than one hundred fifty (150) miles from the State of Rhode Island; provided that, such

requirement is supported by federal, state, or international law or treaty; or

     (ii) A product which, under national or state law, must be produced in a jurisdiction located

more than one hundred fifty (150) miles from the State of Rhode Island and therefore cannot be

practically sold in a reusable container;

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

materials or covered beverage containers. 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) "Transfer station" 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.

     (75) "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 19.20, 19.21, and 19.22 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.

     23-19.20-2. Registration of packaging producer responsibility organizations.

     (a) Pursuant to the provisions of chapter 19.19 of title 23 upon the completion of the

statewide implementation analysis and final report, or January 1, 2027, whichever is earlier, the

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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 March 1, 2027, the department may approve, for a period not to exceed five (5)

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

operating until the department appoints a new recycling refund producer responsibility

organization.

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     (f) By January 1, 2027, an individual producer may notify the department of its intent to

submit an individual plan for approval by the department, and comply individually with all relevant

requirements of this chapter.

     (g)(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 until the date in subsection

(g)(2) of this section. By August 1, 2027, the department shall provide written notice to the

appointed packaging producer responsibility organization 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 of the amount of the registration fee. The

registration fee shall be set at an amount anticipated 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) On July 1, 2028, and on each July 1 thereafter, a producer that notifies the department

of its intent to submit an individual plan shall make payments in amounts determined by the

department to cover the amount anticipated to meet, but not exceed the department's estimate of

the costs required to perform the department's duties related to that producer's individual plan and

to otherwise administer, implement, and enforce the individual plan;

     (4) 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.

     (h) 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.

     (i) All fees received under this section shall be deposited in the State of Rhode Island

treasury and credited to the product producer responsibility account.

     23-19.20-3. Packaging producer responsibility organization duties.

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     A packaging producer responsibility organization or individual producer shall:

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

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

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

chapter;

     (4) Forward upon receipt from the department the lists established under § 23-19.20-7 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 producer fee structure to fund the initial

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

an approved program plan as required under this chapter;

     (6) Collect producer fees as required under § 23-19.20-11;

     (7) Submit the reports required under § 23-19.20-13;

     (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 § 23-19.20-9 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 § 23-19.20-12;

     (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 end 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.

     23-19.20-4. Packaging program advisory council.

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

conducted by packaging producer responsibility organizations or a producer submitting an

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individual plan under this chapter and to advise the department and packaging producer

responsibility organizations regarding the implementation of this chapter.

     (b) The packaging program advisory council shall:

     (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, individual 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, producers

submitting individual plans, 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) 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 the 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

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composting or the 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

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

     (11) Three (3) members representing local 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) 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) 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) 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) 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)(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.

     23-19.20-5. Producer responsibilities.

     (a) After September 1, 2027, a producer shall be a member of a packaging producer

responsibility organization or notify the department of their intent to submit an individual program

plan.

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     (b) Unless submitting an individual program plan, a producer shall:

     (1) Register with the packaging producer responsibility organization,

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

     (3) Pay producer fees under § 23-19.20-11;

     (4) Report covered material data to the packaging producer responsibility organization at

a frequency and by a date 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.

     (d) If a producer's individual plan is approved by the department, the producer shall

implement the individual plan in compliance with all applicable requirements of this chapter.

     23-19.20-6. Packaging sales restrictions.

     (a) After July 1, 2030, no producer may introduce covered materials, either separately or

when used to package another product, unless the producer is a member of a packaging producer

responsibility organization and in compliance with the organization's plan, or is operating under an

approved individual plan.

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

materials unless covered services are provided for the covered materials through a packaging

program or individual 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 this chapter;

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

     (3) Included on the recyclable covered materials list established under § 23-19.20-7; or

     (4) Included on the compostable covered material list established under § 23-19.20-7.

     (c) A packaging producer responsibility organization or producer operating under an

approved individual plan 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 § 23-19.20-7. 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

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preventing compliance persist.

     23-19.20-7. Packaging program department responsibilities.

     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

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,

individual plans, and amendments to plans according to § 23-19.20-9;

     (6) Establish requirements for a recycling rate, 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 end 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 (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 products as an exempt material if the

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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) Post on the department's website:

     (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 or producer 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;

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

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

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

     23-19.20-8. Packaging program needs assessments.

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

following:

     (i) An evaluation of:

     (A) Existing source reduction, refill, reuse, recycling, and composting capacity and

infrastructure, 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;

     (B) Current recycling rates, composting rates, reuse rates, and return rates for covered

materials; and

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

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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

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) An evaluation of potential reuse, return, recycling, and 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) An evaluation of potential 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, return,

recycling, and composting rates of covered materials to meet the proposed performance targets in

§ 23-19.20-9;

     (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 end 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

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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

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) 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 § 23-19.20-8;

     (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)(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)(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

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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 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.

     23-19.20-9. Packaging producer program plan.

     (a)(1) By January 1, 2029, 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, 2029, and every five (5) years thereafter, an individual producer that has

notified the department of its intent to submit an individual plan shall submit an individual plan to

the department that describes the proposed operation by the producer of a program to fulfill the

requirements of this chapter and that incorporates the findings and results of needs assessments.

Once approved, an individual plan remains in effect for five (5) years, as amended, or until a

subsequent individual plan is approved.

     (3) By July 1, 2030, or within six (6) months of plan approval, whichever is later, a

packaging producer responsibility organization or individual producer shall implement a packaging

producer program plan or individual plan. Subsequent packaging producer program plans shall be

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

     (b) A packaging producer responsibility organization or individual producer shall submit a

draft packaging producer program plan, individual 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

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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) A draft packaging producer program plan or individual plan shall include at a minimum:

     (1) Proposed collection rate and recycling rate performance targets 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, and return that:

     (i) Meet the requirements set by the department in § 23-19.20-9(a);

     (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

shall 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 shall 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 shall measure recycling rates, reuse rates, return rates, composting rates, 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)(i) As part of the proposed budget, the producer responsibility organization shall propose

a percentage of its overall budget sufficient to achieve the proposed performance targets for

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reusable and refillable packaging;

     (ii) For the first program plan, the percentage of the packaging producer responsibility

organization's budget that must be dedicated to investment in and support for producer's use of

reusable and refillable packaging may not be less than five percent (5%). Upon submission of a

packaging producer responsibility organization's subsequent program plans the budget for reusable

and refillable packaging may be less than three percent (3%) if the resulting expenditures will be

sufficient to achieve the approved reuse and return rates for the program;

     (10) 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;

     (11) 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 charge

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 charge is:

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

redeemed by a consumer; or

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

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

coordinate with the Rhode Island resource recovery corporation on implementation;

     (13) 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,

refill, 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 end

markets; and

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

only responsible markets that are domestic or North American;

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

templates of the service agreements;

     (15) Operational 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;

     (16) A description of how the packaging producer responsibility organization shall treat

and protect nonpublic data submitted by service providers;

     (17) A description of how the packaging producer responsibility organization shall provide

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

responsible end markets;

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

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

     (19) A description of how the packaging producer responsibility organization shall increase

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

materials and methods and evaluate the efficacy of these efforts;

     (20) Proposed alternative collection programs;

     (21) 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;

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

basis for this list;

     (23) 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

     (24) 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;

     (25) In approving the performance targets in this section, the department shall consider:

     (i) The findings of the needs assessment;

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     (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

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

lower environmental impact than the single-use alternatives.

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

for packaging producer program plans, individual 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 draft plans, 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, including the proposed percentage of budget funds proposed by the

PRO that must be dedicated to reuse and refill; 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 or

producer 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 or producer 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 or producer may resubmit a draft plan

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

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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.

     23-19.20-10. Packaging performance target methodology.

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

except as modified by the department, the packaging producer program plan or individual 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 return performance targets are being

met, a packaging producer program plan or individual 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

     (ii) 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 or individual plan shall provide a

methodology for measuring postconsumer recycled content across all producers for a covered

materials type where 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 or individual

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

program plan and recycling refund producer program plan.

     (b)(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;

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

sites, and additional collection systems based on:

     (A) Municipal population size;

     (B) Municipal population density;

     (iii) Ensures materials are sent to responsible end 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.

     (c) The department, in consultation with an advisory council, may require that a packaging

producer responsibility organization, recycling refund producer responsibility organization, or

individual producer operating an individual plan 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 or individual producer with notice of at least six (6) months prior to requiring use of

third-party certification.

     23-19.20-11. Producer fees.

     (a) By September 1, 2028, each producer that is a member of the packaging producer

responsibility organization shall submit an initial fee to the packaging producer responsibility

organization, as determined by the initial fee schedule developed under § 23-19.19-3(5).

     (b)(1) Beginning January 1, 2030, 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

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 shall 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:

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     (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, including both one-time and annual registration fees required under

§ 23- 19.20-2(f);

     (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.

     (3) Fees for reusable and refillable packaging:

     (i) Shall be lower than fees for single use packaging for the first two (2) program plan

periods, after which time the producer responsibility organization may propose an alternative

incentive for reusable and refillable packaging; and

     (ii) Shall incentivize producers to achieve maximum return rates for reusable and refillable

packaging.

     (c) Revenue collected under this section that exceeds the amount needed to pay the costs

described 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.

     (d) Fees collected under this section may not be used for lobbying.

     23-19.20-12. Packaging producer responsibility organization website requirements.

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

practices for accessibility.

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

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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 as well as information on how to return reusable covered materials

and covered beverage containers;

     (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 approved performance targets and past performance targets and a summary of

whether these were met;

     (5) Current and all past needs assessments; and

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

producers and the general public.

     23-19.20-13. Packaging program reporting.

     (a)(1) By July 1, 2031, and annually thereafter, a packaging producer responsibility

organization or producer operating under an approved individual plan 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;

     (C) Where performance targets are not being met, an explanation of why the packaging

producer responsibility organization believes the targets are not being met, and how the packaging

producer responsibility organization intends to achieve performance targets;

     (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

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coordinate to submit a single annual report.

     (3) Every fourth year after a packaging producer program plan or individual plan is

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

packaging producer responsibility organization or individual producer operating an approved

individual plan. 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) A packaging producer responsibility organization or individual producer operating an

individual plan that fails to meet a performance target required under this chapter or approved in a

packaging producer program plan or individual 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 or individual plan

specifying changes in operations that the packaging producer responsibility organization, recycling

refund producer responsibility organization, or individual producer will make that are designed to

achieve the performance targets.

     (c) If the approved reuse or return rate targets have not been met, the packaging producer

responsibility organization or individual producer shall increase the proportion of the overall

program budget dedicated to reuse and refill for the following program year.

     23-19.20-14. Packaging producer responsibility program account.

     (a) The packaging producer responsibility account is established as a separate restricted

receipt account in the State of Rhode Island treasury department established pursuant to the

provisions of chapter 10 of title 42.

     (b) 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.

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

of the department to administer this chapter.

CHAPTER 19.21

EXTENDED PRODUCER RESPONSIBILITY FOR PACKAGING AND PAPAER ACT

     23-19.21-1. Registration of recycling refund producer responsibility organization.

     (a)(1) By January 1, 2027, the department shall accept applications from recycling refund

producer responsibility organizations to represent beverage producers in fulfilling the requirements

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of this chapter.

     (2) By March 1, 2027, the department may approve, for a period not to exceed five (5)

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;

     (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) By January 1, 2027, an individual beverage producer may notify the department of its

intent to submit an individual plan for approval by the department, and comply individually with

all relevant requirements of this chapter.

     (c)(1) By November 1, 2027, 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, 2027, the department shall provide written notice to

registered packaging producer responsibility organization of the amount of the registration fee.

     (2) On July 1, 2028, 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, 2028, and on each May 1 thereafter, the department shall provide written

notice to the registered recycling refund producer responsibility organization of the amount of the

registration fee. The registration fee shall be set at an amount anticipated to in the aggregate 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. Enforcement activities by the department shall include measures to identify

and enforce against fraudulent activity.

     (3) On July 1, 2028, and on each July 1 thereafter, a beverage producer that notifies the

department of its intent to submit an individual plan shall make payments in amounts determined

by the department to cover the amount anticipated to meet, but not exceed the department's estimate

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of the costs required to perform the department's duties related to that beverage producer's

individual plan and to otherwise administer, implement, and enforce the individual plan;

     (4) 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.

     (d) All fees received under this section shall be deposited in the state treasury and credited

to the recycling refund program account.

     (e)(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:

     (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.

     23-19.21-2. Recycling refund producer responsibility organization duties.

     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, 2027, 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 from registered beverage producers;

     (6) Submit the reports required under this chapter;

     (7) Ensure that beverage 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;

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     (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 beverage 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 advisory council

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.

     23-19.21-3. Recycling refund advisory council.

     (a) 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) The recycling refund advisory council shall:

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

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

     (3) 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:

     (i) Aligns with best practices;

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

     (iii) Considers the needs of the State of Rhode Island;

     (4) Review program reports and audits and raise issues for recycling refund producer

responsibility organization follow-up or department enforcement action;

     (5) Review annual reports and provide comments to the department;

     (6) 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.

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     (c)(1) By March 1, 2027, 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 local 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 beverage producer;