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Bill

HB 7910

AN ACT RELATING TO HEALTH AND SAFETY -- EXTENDED PRODUCER RESPONSIBILITY FOR PACKAGING AND PAPER ACT

2026 Regular Session Introduced by David Bennett and 9 co-sponsors

Rhode Island would require producers to fund and operate a statewide Extended Producer Responsibility program for packaging and paper to improve recycling, composting, and reuse.

05/27/2026 Committee recommended measure be held for further study
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Bill Summary · HB 7910

Overview

  • Jurisdiction: Rhode Island
  • Session: 2026
  • Bill: HB 7910
  • Title: AN ACT RELATING TO HEALTH AND SAFETY — EXTENDED PRODUCER RESPONSIBILITY FOR PACKAGING AND PAPER ACT
  • Purpose: Establish a statewide Extended Producer Responsibility (EPR) program for packaging and paper to fund and coordinate recycling, composting, and reuse across the state.

Main purpose and intent

  • Create a mandatory, producer-funded program to improve municipal recycling, reduce waste, and advance a circular economy.
  • Shift responsibility for financing and coordinating recycling and composting from local governments to producers.
  • Establish a governance and administrative structure to plan, implement, and monitor the program.

Key provisions and changes

  • Chapter addition: Creates Chapter 23-19.20, the Extended Producer Responsibility for Packaging and Paper Act.
  • Definitions: Introduces extensive terms for producers, covered materials (packaging and paper), collection/processing, service providers, minimum recyclable/compostable lists, and a producer responsibility organization (PRO).
  • Advisory board (23-19.20-3):
    • A 13-member voting advisory board plus 2 nonvoting members, including local government reps, MRF, recyclers, nonprofits, packaging/material suppliers, manufacturers of recycled paper, retailers, compost facilities, environmental justice representation, and a department member.
    • Board duties include guiding baseline assessment, reviewing plans, and advising on lists and plan updates.
    • Open meetings and reimbursement for travel/expenses.
  • Producer responsibility organization (23-19.20-4):
    • By March 31, 2027, the director must approve a single PRO to represent producers.
    • The PRO must have a diverse, multi-material governing board and manage baseline assessment, plan development, and program operation.
    • Beginning Jan 1, 2034, allow additional PROs if the director and advisory board determine need to improve recycling, expand services, include new materials, or lower costs; requires coordination plan and rule-based standards.
  • Baseline assessment (23-19.20-5):
    • Hire an independent third party to establish a baseline of the state's recycling system (by Aug 1, 2027), with data on residential access, processing capacity, costs, contamination, markets, etc. Drafts are due Jan 31, 2028; final by Apr 30, 2028.
  • Program plan (23-19.20-6) and approval (23-19.20-7):
    • PRO must submit a 5-year plan by Dec 31, 2028, including how to meet baseline findings, stakeholder input, compliance tracking, covered materials, and reimbursement methodologies.
    • The plan must address procurement, labor standards, end markets, newspaper/magazine contribution options, and a funding mechanism that does not exceed costs.
    • Include eco-modulation (incentives) to encourage reduced packaging, higher recyclability/postconsumer recycled content, reuse/refill designs, and avoidance of materials that hinder recycling.
  • Rates, funding, and dues (23-19.20-7, 23-19.20-8, 23-19.20-17):
    • Dues funded by producers, varying by material type and recyclability; must cover net costs of services, administration, outreach, and enforcement.
    • Reimbursement to service providers based on net costs, with a tiered target: at least 50% of net costs in year 1, 75% in year 2, and 90% or more thereafter.
    • Surplus funds stay in the program; a financial reserve is required; annual updates to dues schedule; eco-modulation can lower or raise dues based on design choices and markets.
  • Minimum recyclable/compostable lists (23-19.20-9):
    • Establish lists of materials eligible for collection/reimbursement; may include alternative collection programs with year-round access, drop-off sites, service tiers by county, and performance targets.
    • Requires ongoing consideration of markets, infrastructure, contamination, and availability when updating lists.
  • Service providers and eligibility (23-19.20-9, 23-19.20-11):
    • Reimbursement available to registered service providers delivering readily recyclable/compostable materials; exceptions possible if a provider cannot meet convenience standards.
    • PROs must contract with service providers to ensure convenient access at no charge to covered entities; protect consumer choice to contract directly with providers.
  • Education and outreach (23-19.20-10):
    • A statewide program to educate about recycling, composting, reuse, proper end-of-life management, and reducing litter.
    • Outreach aligned with final plan targets; may contract with existing entities for education delivery.
  • Producer requirements, records, data (23-19.20-11):
    • By July 1, 2027, producers must join the approved PRO or notify intent to submit an individual program plan (IPP).
    • From July 1, 2028, producers may not sell products using covered materials unless participating in the PRO or IPP.
    • Producers must maintain records; confidential treatment for proprietary data.
  • Reporting and transparency (23-19.20-12):
    • Annual financial audit by an independent auditor.
    • Regular progress reports to the advisory board, director, and public posting; includes materials sold/used, collected/recycled, dues collected, and plan performance.
  • Enforcement and penalties (23-19.20-13):
    • Administrative penalties for violations, escalating with severity and duration ($2,000 initial for first day, $1,000 per day thereafter; higher penalties for repeat offenses).
    • Penalties go to the Ocean State Climate Adaptation and Resilience Fund.
    • No private right of action; enforcement limited to regulated entities.
  • Antitrust exemption (23-19.20-14): Activities by the program or plan to implement the program are exempt from Rhode Island antitrust/unfair trade provisions when conducted to implement the program.
  • Local government and consumer fees (23-19.20-15, 23-19.20-16):
    • Local governments may participate or provide services, with reimbursements for services rendered.
    • Prohibition on consumer point-of-sale or collection fees to recoup program costs.
  • Administrative fund (23-19.20-17):
    • Establishes an Administrative Fund in the state treasury to reimburse the department, advisory board, and enforcement activities.
    • Annual cost reporting to the General Assembly; unspent funds carry over to reduce future dues; interest stays in the fund.
  • Regional coordination (23-19.20-19): Encourages coordination with regional programs to harmonize baselines, governance, lists, and markets; promotes regional-scale efficiencies.
  • Severability (23-19.20-20): Provisions are severable.

Affected parties

  • Producers of packaging and paper products introduced in Rhode Island (potentially broad, including importers and brand owners).
  • Local governments and municipalities (potentially funding and service delivery changes).
  • Service providers (recyclers, composters, collectors, and reuse/recycle contractors).
  • End markets and recycling facilities (MRFs, compost facilities, and markets for recycled materials).
  • Consumers and retailers (through changes in collection convenience and fees; education initiatives).
  • Newspaper and magazine publishers (potentialto accept advertising in lieu of some dues).
  • Environmental justice communities (representation on the advisory board).

Procedural and timeline aspects

  • Key dates:
    • Adoptions and appointments: Advisory board appointed by Dec 31, 2025; first meeting by Mar 1, 2027.
    • PRO designation: By Mar 31, 2027 (one PRO to be approved).
    • Baseline assessment: Hiring completed by Aug 1, 2027; baseline draft by Jan 31, 2028; final by Apr 30, 2028.
    • Program plan submission: By Dec 31, 2028; five-year plan; updates within one year before expiration.
    • Producer participation deadline: July 1, 2027 (join PRO or notify IPP); July 1, 2028 (compliance for selling products with covered materials).
    • Service provider registration: By Jan 1, 2028, and annually thereafter.
  • Advisory board and director roles:
    • Advisory board reviews baseline, plan proposals, amendments, and lists; has authority to recommend approval/rejection to the director.
    • Director reviews and approves plans, with open public posting and comment periods.
  • Funding and administration:
    • Annual cost accounting and reporting to the General Assembly; an Administrative Fund finances department costs, advisory board, and enforcement.
    • Dues and reimbursement structures are material to how producers and service providers participate and sustain the program.
  • Enforcement:
    • Administrative penalties for violations; appeals/hearings managed through an administrator adjudication process.

If you’d like, I can extract a concise one-page summary or prepare a side-by-side comparison with Rhode Island’s current waste management framework.

Compiled from official sources — confirm details with the bill’s official record.

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