It is enacted by the General Assembly as follows:

SECTION 1. Sections 23-18.13-3, 23-18.13-5 and 23-18.13-8 of the General Laws in Chapter 23-18.13 entitled "Toxic Packaging Reduction Act" are hereby amended to read as follows:

{ADD 23-18.13-3. Definitions. -- ADD} {ADD "Department" means the department of environmental management. ADD}

{ADD "Distribution" means the practice of taking title to (a) package(s) or packaging component(s) for promotional purposes or resale. Persons involved solely in delivering (a) package(s) or packaging component(s) on behalf of third parties are not considered distributors. ADD}

"Distributor" means any {DEL individual assembled part of a package such as, but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks and labels. DEL} {ADD person, firm or corporation who takes title to goods purchased for resale. ADD}

{ADD "Intentional introduction" means the act of deliberately utilizing a regulated metal in the formation of a package or packaging component where its continued presence is desired in the final package or packaging component to provide a specific characteristic, appearance, or quality. ADD}

{ADD The use of a regulated metal as a processing agent or intermediate to impart certain chemical or physical changes during manufacturing, whereupon the incidental retention of a residue of said metal in the final package or packaging component is neither desired nor deliberate, is not considered intentional introduction for the purposes of this act where said final package or packaging component is in compliance with section 23-18.13-4(c) of this chapter. ADD}

{ADD The use of recycled material as feedstock for the manufacture of new packaging materials where some portion of the recycled materials may contain amounts of the regulated metals is not considered intentional introduction for the purposes of this act where the new package or packaging component is in compliance with section 23-18.13-4(c) of this chapter. ADD}

{ADD "Incidental presence" means the presence of a regulated metal as an unintended or undesired ingredient of a package or packaging component. ADD}

{ADD "Manufacturer" means any person, firm, association, partnership, or corporation who sells, offers for sale, or offers for promotional purposes packages or packaging components which shall be used by any other person, firm, association, partnership, or corporation to package (a) product(s). ADD}

{ADD "Manufacturing" means physical or chemical modification of (a) material(s) to produce packaging or packaging components. ADD}

"Package" means a container providing a means of marketing, protecting or handling a product and shall include a unit package, an intermediate package and a shipping container as defined in ASTM D996. "Package" shall also mean and include such unsealed receptacles as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags and tubs.

{ADD "Packaging component" means any individual assembled part of a package such as, but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks and labels. Tin-plated steel that meets the American Society for Testing and Materials (ASTM) specification A-623 shall be considered as a single package component. Elector-galvanized coated steel and hot dipped coated galvanized steel that meets the ASTM specifications A-525 and A-879 shall be treated in the same manner as tin-plated steel. ADD}

{ADD 23-18.13-5. Exemptions. -- ADD} All packages and packaging components shall be subject to this act except the following:

{ADD (a) those packages or packaging components with a code indicating date of manufacture that were manufactured prior to the effective date of this statute; or ADD}

{DEL (a) DEL}{ADD (b) ADD} those packages or packaging components to which lead, cadmium, mercury or hexavalent chromium have been added in the manufacturing, forming, printing or distribution process in order to comply with health or safety requirements of federal law {DEL or for which there is no feasible alternative DEL}, provided that the manufacturer of a package or packaging component must petition the department of environmental management for any exemption from the provisions of this subsection for a particular package or packaging component based upon either criterion; and provided further that the department of environmental management may grant a two (2) year exemption if warranted by the circumstances; and provided further that such an exemption may, upon meeting either criterion of this subsection, be renewed {DEL for two (2) years DEL}{ADD at two (2) year intervals ADD} ; {DEL for purposes of this subsection, a use for which there is no feasible alternative is one (1) in which the regulated substance is essential to the protection, safe handling, or function of the package's contents; DEL} {ADD or ADD}

{DEL (b) DEL} {ADD (c) ADD} packages and packaging components incidental to any alcoholic beverage, as defined in section 3-1-1 of the general laws, which was bottled prior to October 1, 1992; or

{DEL (c) DEL} {ADD (d) ADD} packages and packaging components that would not exceed the maximum contaminant levels set forth in section 23-18.13(c) of this chapter but for the addition of post-consumer materials; and provided that the exemption for this subparagraph shall expire {DEL six (6) years after the adoption of this chapter. DEL} {ADD January 1, 2000; or ADD}

{ADD (e) those packages or packaging components to which lead, cadmium, mercury or hexavalent chromium have been added in the manufacturing, forming, printing, or distribution process for which there is no feasible alternative, provided that the manufacturer of a package or packaging component must petition the department for any exception from the provisions of this subsection for a particular package or packaging component based upon the criterion; and provided further that the department may grant an exemption for up to two (2) years if warranted by the circumstances; and provided further that such an exemption may, upon meeting either criterion of this subsection, be renewed at two (2) year intervals. For purposes of this subsection, a use for which there is no feasible alternative is one in which the regulated substance is essential to the protection, safe handling, or function of the package's contents; or ADD}

{ADD (f) packages and packaging components that are reused but exceed contaminant levels set forth in section 23-18.13-4(c) of this chapter, provided that the product being conveyed by such package and/or the package/packaging component is (are) regulated under federal and/or state health or safety requirements, and provided that disposal of such package is performed according to federal and/or state radioactive or hazardous waste disposal requirements, and provided that an exemption under this subparagraph shall expire on January 1, 2000; or ADD}

{ADD (g) packages and packaging components having a controlled distribution and reuse that exceed the contaminant levels set forth in section 23-18.13-4(c) of this chapter, provided that the manufacturer or distributor of such packages or packaging components must petition the department for exemption and receive approval from the department, working with the CONEG Toxics in Packaging Clearinghouse, according to standards in subsection f.1 below set by such agency and based upon satisfactory demonstrations that the environmental benefit of the controlled distribution and reuse is significantly greater as compared to the same package manufactured in compliance with the contaminant levels set forth in section 23-18.13-4(c); and provided that an exemption under this subparagraph shall expire on January 1, 2000. ADD}

{ADD (1) Standards. ADD}

{ADD A plan, to be proposed by the manufacturer seeking the exemption of his or her designee, shall include each of the following elements: ADD}

{ADD (i) a means of identifying in a permanent and visible manner those reuseable entities containing regulated metals for which an exemption is sought; ADD}

{ADD (ii) a method of regulatory and financial accountability so that a specified percentage of such reusable entities manufactured and distributed to other persons are not discarded by those persons after use, but are returned to the manufacturer or his or her designee; ADD}

{ADD (iii) a system of inventory and record maintenance to account for reusable entities placed in, and removed from, service; ADD}

{ADD (iv) a means of transforming returned entities, that are no longer reusable, into recycled materials for manufacturing or into manufacturing wastes which are subject to existing federal and/or state laws or regulations governing such manufacturing wastes to ensure that these wastes do not enter the commercial or municipal waste stream; and ADD}

{ADD (v) a system of annually reporting to the department changes to the system and changes in designees. ADD}

{ADD 23-18.13-8. State review. -- ADD} The department of environmental management shall, in consultation with the source reduction council of CONEG, review the effectiveness of this chapter no later than forty-two (42) months after [July 5, 1990>) its adoption and shall provide a report based upon that review to the governor and legislature. The report may contain recommendations to add other toxic substances contained in packaging to the list set forth in this chapter in order to further reduce the toxicity of packaging waste, and shall contain a recommendation whether to continue the recycling exemption as it is provided for in section 23-18.13-5(c) and a description of the nature of the substitutes used in lieu of lead, mercury, cadmium, and hexavalent chromium.

{ADD The department shall, in consultation with the Source Reduction Task Force of CONEG, review the extension of the recycling exemption as it is provided for in section 23-18.13-5(c) of this act. This review shall commence no later than January 1, 1997. A report based upon that review shall be provided to the governor and legislature by Janaury 1, 1999. ADD}

SECTION 2. Chapter 23-18.13 of the General Laws entitled "Toxic Packaging Reduction Act" is hereby amended by adding thereto the following sections:

{ADD 23-18.13-10. Public access. -- ADD} {ADD Any request from a member of the public for any certificate of compliance from the manufacturer or supplier of a package or packaging component shall be: ADD}

{ADD (a) made in writing with a copy provided to the department;

(b) made specific as to package or packaging component information requested; and

(c) responded to by the manufacturer or supplier within sixty (60) days. ADD}

{ADD 23-18.13-11. Effective date. -- ADD} {ADD This act shall become effective immediately upon adoption. ADD}

{ADD 23-18.13-12. Severability and construction. -- ADD} {ADD The provision of this act shall be severable, and if any court declares any phase, clause, sentence, or provision of this act to be invalid, or its applicability of any government, agency, person, or circumstance is declared invalid, the remainder of the act and its relevant applicability shall not be affected. The provision of this act shall be liberally construed to give effect to the purposes thereof. ADD}