Rhode Island 2008 bill text

Senate Bill 2771 (Substitute bill below)

The following text was found at http://www.rilin.state.ri.us/BillText/BillText08/SenateText08/S2771.htm

A N A C T

RELATING TO HEALTH AND SAFETY - PLASTIC BOTTLE AND CONTAINER

LABELING ACT

Introduced By: Senators Paiva-Weed, Sosnowski, Gibbs, Bates, and Gallo

Date Introduced: February 27, 2008

Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

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&nbspSECTION 1. Sections 23-18.15-1 and 23-18.15-2 of the General Laws in Chapter 23-

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18.15 entitled "Plastic Bottle and Container Labeling Act" are hereby amended to read as follows:

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23-18.15-1. Definitions. -- As used in this chapter:

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(1) "Label" means a molded imprint or raised symbol on the bottom of a plastic product,

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unless the manufacturer demonstrates the reasonable necessity for an alternate location, and shall

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include an add-on bar code, or deposit code which shall indicate where the container was sold in

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which case it shall be near the product bottom.

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(2) "Plastic" means any material made of polymeric organic compounds and additives

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that can be shaped by flow.

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(3) "Plastic bottle" means a plastic container that has a neck that is smaller than the body

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of the container, accepts a screw type, snap cap, or other closure and has a capacity of sixteen

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(16) fluid ounces or more, but less than five (5) gallons.

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(4) "Rigid plastic container" means any formed or molded container, other than a bottle,

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intended for single use, composed predominantly of plastic resin and having a relatively

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inflexible finite shape or form with a capacity of eight (8) ounces or more but less than five (5)

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gallons.

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(5) "Beverage container" means any sealable bottle, can, jar, or carton which is primarily

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composed of glass, metal, plastic or any combination of those materials and is produced for the

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purpose of containing a beverage. This definition excludes containers made of biodegradable

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material, asceptic cartons, gable-top boxes, and foil pouches.

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23-18.15-2. Labeling requirements. – (a) No person shall distribute, sell or offer for sale

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any plastic bottle or rigid plastic container, or any product in a plastic bottle or container, unless

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the product bottle or container is labeled with a code indicating the plastic resin used to produce

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the bottle or container. Plastic bottles or rigid plastic containers with labels and basecups of a

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different material shall be coded by their basic material. The code shall consist of a number

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placed within a triangle of arrows and letters placed below the triangle of arrows. The triangle

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shall be equilateral, formed by three (3) arrows with the apex of each point of the triangle at the

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midpoint of each arrow, rounded with a short radius. The arrowhead of each arrow shall be at the

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midpoint of each side of the triangle with a short gap separating the pointer from the base of the

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adjacent arrow. The triangle, formed by the three (3) arrows curved at their midpoints shall depict

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a clockwise path around the code number. The numbers and letters used shall be as follows:

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(1) "1" -- PETE (polyethylene terephthalate);

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(2) "2" -- HDPE (high density polyethylene);

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(3) "3" -- V (vinyl);

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(4) "4" -- LDPE (low density polyethylene);

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(5) "5" -- PP (polypropylene);

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(6) "6" -- PS (polystyrene);

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(7) "7" -- OTHER.

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(b) All eligible beverage containers sold or offered for sale in the state, except those

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defined in subsection 23-18.17-3(a), shall indicate on the container the refund value or "return for

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refund' or return for deposit"; and words "Rhode Island" or "RI".

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beverage containers must have the labeling on the top. All eligible beverage containers sold or

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offered for sale in the state, except those defined in subsection 23-18.17-3 (a), shall indicate on

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the beverage container the refund value or "return for refund" or "return for deposit"' and the

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words "Rhode Island' or "RI".

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&nbspSECTION 2. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 18.17

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BEVERAGE CONTAINER DEPOSIT ACT

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23-18.17-1. Purpose. – The purposes of this chapter are as follows:

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(a) To provide a sustainable method for capturing beverage containers for recycling;

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(b) To provide a monetary incentive to consumers to promote the redemption of beverage

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containers at the appropriate redemption centers;

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municipal recycling programs and by offering an additional method for consumers to recycle

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beverage containers;

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(d) To allow Rhode Island resource recovery corporation to own and operate redemption

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centers statewide to ensure beverage containers remain a part of the recyclable materials collected

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and resold or reused by the corporation; and

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(e) To allow reverse vending machines at qualified dealer locations as determined by the

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Rhode Island resource recovery corporation.

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23-18.17-2. Definitions. – For the purpose of this chapter, the following definitions shall

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have the following meaning:

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(a) "Beverage" – means carbonated and non-carbonated, alcoholic and non-alcoholic and

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non-alcoholic beverages, including packaged liquors and liquid mixes, but excluding liquids

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intended for medicinal use or liquids packaged in asceptic cartons, gable-top boxes, or foil

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pouches.

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(b) "Beverage container" – means any sealable bottle, can, jar, or carton which is

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primarily composed of glass, metal, plastic or any combination of those materials and is produced

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for the purpose of containing a beverage. This definition excludes containers made of

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biodegradable material, asceptic cartons, gable-top boxes, and foil pouches.

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for sale to distributors or dealers.

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(d) "Consumer" – means any person who purchases a beverage in a beverage container

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for use or consumption with no intent to resell that by such dealer at such place of business.

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(e) "Corporation" – means the Rhode Island resource recovery corporation as established

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pursuant to chapter 23-19 of the general laws.

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(f) "Dealer" – means any person, including any operator of a vending machine, who

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engages in the sale of beverages in beverage containers to consumers in the state, provided that

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this does not include a restaurateur selling beverages to be consumed on the premises.

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(g) "Distributor" – means any person who engages in the sale of beverages in beverage

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containers to dealers in the state including any bottler who engages in such sale.

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(h) "Label" – means a molded imprint or raised symbol on or near the bottom of a

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beverage container and shall include an add-on bar code, or deposit code, which shall indicate

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where the container was sold.

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(i) "Plastic" – means any material made of polymeric organic compounds and additives

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that can be shaped by flow.

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(j) "Plastic bottle" – means a plastic container that has a neck that is smaller than the

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body of the container, accepts a screwtype, snap cap or other closure and has a capacity of sixteen

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(16) fluid ounces or more, but less than five (5) gallons.

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(k) "Restaurateur" – means any person who operates a business for the sale of prepared

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food and/or alcoholic beverages for immediate consumption in the area under his/her control.

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(l) "Reusable beverage container" – means any beverage container so constructed and

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designed that it is structurally capable of being refilled and resold by a bottler at least ten (10)

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times after it initial use.

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(m) "Rigid plastic container" – means any formed or molded container, other than a

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bottle, intended for single use, composed predominantly of plastic resin and having a relatively

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inflexible finite shape or form with a capacity of eight (8) ounces or more but less than five (5)

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gallons.

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(n) "Sales for on-premise consumption" – means sales transactions in which beverages

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are purchased by a consumer for immediate consumption within the area under the control of a

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restaurateur.

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23-18.17-3. Refund value; exemption. – (a) Every beverage container sold or offered

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for sale in the state shall have a refund value of not less than five cents ($.05). The provisions of

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this section shall not apply to such containers sold by a distributor for use by a common carrier in

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the conduct of interstate passenger service.

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(b) Every beverage container, except permanently labeled reusable glass containers,

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imported into, or offered for sale in the state by a bottler, distributor, or dealer shall clearly

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indicated in at least eight (8) point type, by embossing or by stamp, or by label, or other method

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securely affixed to any portion except the bottom of the beverage container, the refund value of

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the container. A permanently labeled reusable glass beverage container first imported into, or

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offered for sale in the state after the effective date of this act by a bottler, distributor, or dealer

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shall clearly indicate in at least eight (8) point type, by embossing or by stamp, or by label, or

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other method securely affixed to any portion except the bottom of the permanently labeled

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reusable glass beverage container, that the container may be returned for deposit. A redemption

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center may refuse to accept from any person any empty beverage container, except a permanently

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labeled reusable glass beverage container, which does not state thereon a refund value and may

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refuse to accept any permanently labeled reusable glass beverage container which does not state

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thereon that the container may be returned for deposit.

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shall post a conspicuous notice on each vending machine indicating that a refund of not less than

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five cents ($.05) is available on each beverage container purchased and where and from whom

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that refund may be obtained. The provisions of this paragraph shall not be construed to require

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such vending machine operators to provide refunds at the premises wherein such vending

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machines are located.

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23-18.17-4. Return of container; refund; refusal to accept container. – (a) Every

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consumer shall deposit with the dealer the refund value of each beverage container purchased

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from that dealer.

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(b) A dealer that receives deposits under this chapter shall segregate said deposits in a

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fund which shall be maintained separately from all other revenues. Said dealer shall remit said

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deposits on a quarterly basis to the corporation in a manner prescribed by the corporation. If the

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dealer discontinues selling a certain brand beverage, he/she shall immediately notify the

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corporation of the discontinuance, and shall continue to redeem that type of beverage container

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for at least sixty (60) days after the date of the last sale of that type of beverage. Sixty (60) days

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before the last date for redemption, the dealer shall post notice of that last redemption date.

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the type, size and brand sold by a dealer within ninety (90) days and shall pay the consumer the

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refund value of the beverage container.

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(d) The corporation shall establish the beverage container deposit fund which shall be

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used for the purposes of accepting and holding the deposits received pursuant to subsection (b)

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above. Amounts in such fund may only be expended to pay refund values paid for returned

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beverage containers pursuant to subsection (c) above.

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(e) The obligations to accept or take empty beverage containers and to pay the refund

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value for such containers as described in paragraphs (c) shall apply only to containers originally

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sold in the state as filled beverage containers. Any person who tenders to a redemption center

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more than ten (10) cases of twenty-four (24) empty beverage containers each, which he knows or

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has reason to know were not originally sold in the state as filled beverage containers, for the

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purpose of obtaining a refund value, shall be subject to the enforcement action and civil penalties

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set froth in section 23-18.17-10.

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(f) Vending machine exemption. An operator of a vending machine(s) who sells

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beverages in containers only in a vending machine(s) may refuse to accept beverage containers

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for redemption if he has posted a conspicuous notice on each vending machine indicating that a

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refund of not less five cents ($.05) is available on each container purchased and where and from

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whom the refund may be obtained.

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23-18.17-5. Redemption methods. – (a) The corporation shall establish redemption

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centers, at locations determined by the corporation, and shall accept from consumers such

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beverage containers for recycling that meet the requirements of section 23-18.12-3 and section

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23-18.15-2.

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(b) A redemption center may refuse to accept any beverage container which contains

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material foreign to the normal contents of the container.

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from any consumer any empty beverage container sold by a dealer or distributor within the past

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ninety (90) days and shall pay the consumer the refund value of the container.

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(d) Dealers, located within a square footage building area to be determined by the

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corporation pursuant to subsection 23-18.17-9(a), shall allow installation of reverse vending

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machines on their property. These reverse vending machines shall be located in a sheltered area

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within the dealer's physical building and shall be accessible to consumers during the normal hours

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of operation. Ownership and operation of said reverse vending machines shall be the

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responsibility of the corporation or its contracted agent. If the machine should break down, the

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dealer must notify the corporation within twenty-four (24) hours in order for the corporation to

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provide an alternate procedure for redemption.

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23-18.17-6. Abandoned deposit amounts; determination. – At the end of each quarter,

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any amounts that are or should be in the corporation's beverage container deposit fund shall be

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deemed to constitute abandoned deposit amounts. Income earned on said fund may be transferred

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from said fund for use as funds for the corporation.

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23-18.17-7. Transfer of abandoned deposit amounts. – By the tenth (10th) day after the

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end of each quarter the corporation shall remit to the general treasurer seventy-five percent (75%)

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of any deposit amounts deemed to be abandoned at the close of the preceding quarter, pursuant to

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section 23-18.17-6. such amounts may be paid from the beverage container deposit fund.

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Amounts collected by the general treasurer pursuant to this section shall be deposited in the

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general fund. The remaining twenty-five percent (25%) of the abandoned deposit amounts may be

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used by the corporation for purposes set forth in this act and for purposes of supporting municipal

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and commercial recycling programs set forth in chapters 23-18.8 and 23-18.9 of the general laws.

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23-18.17-8. Prohibition on certain types of holders . – No dealer shall sell or offer for

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sale in this state containers connected to each other by a separate holding device constructed of

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plastic rings or any other device or material which cannot be broken down by bacteria and or by

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light into constituent parts.

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23-18.17-9. Administration; rules and regulations. – The director of the Rhode Island

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resource recovery corporation shall administer the provisions of this chapter. Said director shall

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promulgate and from time to time revise reasonable rules and regulations to effectuate the

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purposes of this chapter; provided that said rules and regulations be promulgated not later than

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December 31, 2008.

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23-18.17-10. Penalty. – (a) The attorney general shall enforce all the provisions of this

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chapter. Any bottler, distributor, redemption center or dealer who violates any provisions of this

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chapter shall be subject to a civil penalty for each violation of not more than one thousand dollars

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($1,000).

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(b) Any dealer failing to make full and timely payments as required by subsection 23-

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18.17-4(b) shall pay interest on any unpaid amounts at the rate of one and one half percent (1.5%)

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for each month or part thereof until payment is made in full.

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&nbspSECTION 3. This act shall take effect on July 1, 2009, except section 23-18.17-9 shall

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take effect upon passage.

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LC02167

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

A N A C T

RELATING TO HEALTH AND SAFETY - PLASTIC BOTTLE AND CONTAINER

LABELING ACT

***

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&nbspThis act would create the beverage container deposit act in order to provide a sustainable

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method for capturing beverage containers for recycling.

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&nbspThis act would take effect on July 1, 2009 except section 23-18.17-9 would take effect

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upon passage.

Senate Bill 2771 Sub A

PLASTIC BOTTLE AND CONTAINER LABELING ACT

The following text was found at http://dirac.rilin.state.ri.us/BillStatus/WebClass1.ASP?WCI=Bills&WCE=BillEvent&WCU=S2771A

A N A C T
RELATING TO HEALTH AND SAFETY - PLASTIC BOTTLE AND CONTAINER
LABELING ACT
Introduced By: Senators Paiva-Weed, Sosnowski, Gibbs, Bates, and Gallo
Date Introduced: February 27, 2008
Referred To: Senate Environment & Agriculture
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 23-18.15 of the General Laws entitled "Plastic Bottle and 1
Container Labeling Act" is hereby amended by adding thereto the following section: 2
23-18.15-4. Rhode Island resource recovery plan. – (a) The Rhode Island resource 3
recovery corporation shall create a plan that quantif ies and details the impacts of a beverage 4
container deposit of $.05 on beverage containers sold in the state of Rhode Island. The plan shall 5
include but not be limited to: 6
(1) Defining the beverage containers that should be included in a deposit system 7
including the maximum size allowable for redemption and the types of containers that should be 8
exempt from the deposit system; 9
(2) Quantifying any taxes and deposits that are already charged on beverage containers, 10
as defined in subsection (1) above, in the state and compare those charges with beverage 11
container charges in the commonwealth of Massachusetts and the state of Connecticut; 12
(3) Determining the appropriate labeling requirements for beverage containers subject to 13
the deposit, provided that a Rhode Island state specific bar code not be a requirement; 14
(4) Identifying the appropriate entities to collect, redeem and transfer beverage containers 15
and deposits; 16
(5) Defining the redemption methods that could be used and identifying appropriate 17
locations for redemption centers including centers operated by the corporation as well as by 18
2
businesses; 1
(6) Identifying the costs to the corporation and any other entities identified in the study 2
for providing redemption services; 3
(7) Recommending how unclaimed deposits could be used; 4
(8) Analyzing possible impacts to municipal recycling programs; and 5
(9) Recommending possible alternatives to a beverage container deposit system that 6
would yield significantly increased recycling rates statewide. 7
(b) The corporation shall report the findings, recommendations and a timeline for 8
implementation of the plan to the general assembly and the governor no later than January 1, 9
2009. 10
SECTION 2. Section 23-18.8-2 of the General Laws in Chapter 23-18.8 entitled "Waste 11
Recycling" is hereby amended to read as follows: 12
23-18.8-2. Legislative findings. -- The general assembly recognizes and declares that: 13
(1) Any environmentally and economically sound solid waste management system must 14
incorporate recycling; 15
(2) A sound recycling program will be best achieved by cooperation of the Rhode Island 16
resource recovery corporation, the department of administration, the department of environmental 17
management and the cities and towns of the state; 18
(3) All solid waste capable of being recycled should be recycled, as a target, no less than 19
fifteen percent (15%) of the solid waste generated in the state should be disposed of through 20
recycling; every effort should be made to exceed this target; 21
(4) A recycling facility should be operational at the central landfill; 22
(5) Upon full implementation of the recycling program, all solid waste management, 23
both from cities and towns, and from commercial establishments, will be separated into 24
recyclable and nonrecyclable components; 25
(6) Recycling operations should begin at resource recovery plants upon initiation of plant 26
operations; 27
(7) In order to develop a workable implementation schedule the department of 28
environmental management should develop schedules for the entry of cities and towns into the 29
source separation system; 30
(8) Private contractor arrangements for recovery of recyclables at the point of origin or at 31
the municipal level should be encouraged and not interfered with; 32
(9) Recyclable materials recovered at recycling facilities are to be made available to 33
private industry in the first instance, and where cost effective, operation of recycling facilities 34
3
should be by the private sector; 1
(10) The corporation should provide, for a period of three (3) years, the reasonable 2
additional allowable costs for implementing this program for the cities and towns; 3
(11) The definition of recyclable materials should be the responsibility of the department 4
of environmental management; provided, that the definition shall include, but not be limited to, 5
plastic materials that contain the plastic resins used to produce labeled (1) through (7) with the 6
numbers clearly marked on the product and contained in a triangle formed by chasing arrows. 7
The products shall be generated as part of daily, municipal, non-municipal residential, or 8
commercial activities, and the corporation shall accept these materials for recycling no later than 9
January 1, 2011. Plastic resin by-products, or products produced for industrial use, shall not be 10
required to be accepted at the recycling facility, unless deemed appropriate for processing by the 11
corporation. The definition, and should be changed from time to time depending upon new 12
technologies, economic conditions, waste stream characteristics, environmental effects, or other 13
factors; 14
(12) Telephone directories, five hundred thousand (500,000) of which, at an average 15
weight of five and one-quarter (5.25) pounds, are distributed yearly in the state, contribute 16
significantly to the solid waste stream, which would be greatly reduced if directories were printed 17
on recyclable paper and bound with a binder which will not interfere with recyclability. 18
SECTION 3. Section 23-19-31 of the General Laws in Chapter 23-19 entitled "Rhode 19
Island Resource Recovery Corporation" is hereby amended to read as follows: 20
23-19-31. Recycling facility at central landfill. -- The Rhode Island resource recovery 21
corporation shall construct a recycling facility at the state's central landfill. This facility will 22
receive separated recyclable waste as defined by the department of environmental management; 23
provided, that the definition shall include, but not be limited to, plastic materials that contain the 24
plastic resins used to produce products labeled (1) through (7) with the numbers clearly marked 25
on the product and contained in a triangle formed by chasing arrows. The products shall be 26
generated as part of daily, municipal, non-municipal residential, or commercial activities, and the 27
corporation shall accept these materials for recycling no later than January 1, 2011. Plastic resin 28
by-products, or products produced for industrial use, shall not be required to be accepted at the 29
recycling facility, unless deemed appropriate for processing by the corporation. The corporation 30
shall use its reasonable efforts to market the recyclable materials to local commercial users of the 31
material, including owners/tenants located in any industrial/business park developed pursuant to 32
section 23-19-35.1(c), consistent with receiving optimum prices. The corporation shall also use 33
its reasonable efforts to market finished goods made from recyclable materials to local 34
commercial users of those goods, and shall offer these goods for sale through a quarterly 1
competitive bid process consistent with industry practices. No bid contract shall exceed one 2
calendar year. The corporation shall provide a thirty (30) calendar day prior public notice for any 3
bid contract which would exceed one month. Neither the corporation nor any private concern 4
operating the recycling facility pursuant to sections 23-19-3(10) and 23-19-9(a)(6) shall purchase 5
recyclable materials from the facility or for processing at that facility. The corporation will 6
provide this service at no tipping cost to the cities and towns for materials delivered to the 7
recycling facility. 8
SECTION 4. This act shall take effect upon passage. 9

Updated July 31, 2008