§ 23-24.10-11. Rhode Island resource recovery corporation responsibility. (a) The corporation shall establish a state program for the collection, transportation, and recycling of covered electronic products from households and public and private elementary and secondary schools in this state. The state program shall be fully funded through the recycling fees as defined in subsection (d) of this section. The corporation shall annually by November 15 submit a plan to the department for review and approval that will:

(1) To the extent practicable, use existing local collection, transportation and recycling infrastructure;

(2) Use environmentally sound management practices as defined under § 23-24.10-12(i) to collect, transport, and recycle covered electronic products;

(3) Provide for households and public and private elementary and secondary schools convenient and available collection services and sites for covered electronic products in each county of this state and collection services shall be free of charge for households and public and private elementary and secondary schools;

(4) Advertise and promote collection opportunities statewide and on a regular basis; and

(5) Conduct a statistically significant sampling or actual count of the covered electronic products collected and recycled by the state program during each calendar year using a methodology approved by the department and prepare a report no later than March 1 of the following calendar year that includes, but is not limited to:

(i) A list of all brands identified during the count;

(ii) The weight of covered electronic products, except televisions, identified for each brand during the count; and

(iii) The total weight of covered electronic products, including orphan waste if applicable, collected from households and public and private elementary and secondary schools in the state by the state program during the previous calendar year.

(6) Maintain on its website information on collection opportunities for covered electronic products, including collection site locations and hours. The information must be made available in a printable format for retailers.

(b) Covered electronic products account fund. The corporation shall create the covered electronic products account fund ("the fund"). Interest earned by the account shall be credited to the account. Fees collected by the corporation under subsection (c) of this section shall be deposited in the covered electronic products account fund. Moneys in the account are to be used only to pay the costs of implementing this chapter operating the state program and enforcing the disposal ban in § 23-24.10-5. The corporation shall include this account fund in its annual audit. Surpluses are to be credited on a pro rata basis to those manufacturers paying fees into and for the program year in which a surplus is generated, while deficits in the fund shall be applied to the adjusted recycling fee in the second program year following the audited program year.

(c) The corporation shall determine the return share and return share by weight responsibility for each calendar year for each manufacturer, except television and printer manufacturers. The return share shall be determined by dividing the total weight of covered electronic products of that manufacturer's return-share brands by the total weight of covered electronic products for all manufacturers' brands. The return share by weight shall be determined by multiplying the return share for each such manufacturer by the total weight of return-share pounds of covered electronic products as calculated by the corporation, except televisions and printers, including orphan waste, collected from households and public and private elementary and secondary schools the previous calendar year as determined by the department.

(1) For 2009 and 2010, determine the return share and return share by weight for each manufacturer, except television manufacturers, based on the best available public return-share data and public weight data from within the United States for covered electronic products from households and public and private elementary and secondary schools. For subsequent years, the return share and return-share weight of covered electronic products for each manufacturer shall be based on the most recent annual sampling or count of covered electronic products. For subsequent years, the total weight in pounds of covered electronic products shall be based on the total weight of covered electronic products, including orphan waste, determined by the department.

(2) Determine the market share and market-share weight responsibility for each television and printer manufacturer in accordance with § 23-24.10-3(8).

(3) The corporation shall present the proposed return or market shares and weight responsibility for each manufacturer to the department for review and approval on an annual basis by August 15 of each year.

(d) Determine the recycling fee to be paid by each manufacturer who or that participates in the state program established pursuant to this section. The corporation shall determine the recycling fees as follows:

(1) For each manufacturer, the corporation shall determine the recycling fee based on the manufacturer's annual return market share and return market share by weight as determined under subsection (c) of this section. The fee shall be calculated on a per-pound basis and must be approved by the department.

(2) By August 15 of each year, the corporation shall set the cost per pound for collection, transportation, and recycling of covered electronic products, in order to reasonably approximate market costs for these services, which cost per pound is used to calculate the fee. The corporation may adjust such cost per pound in order to reasonably approximate market costs for the collection, transportation, and recycling of covered electronic products. Any deficits generated by the state program may be applied to the recycling fee calculation for and in the subsequent program year following the audited program year.

(3) [Deleted by P.L. 2017, ch. 391, § 1 and P.L. 2017, ch. 430, § 1].

(4) The corporation shall present the proposed recycling fees and any adjusted recycling fees for each manufacturer to the department for review and approval.

(e) Regulatory authority. The corporation may adopt such regulations as shall be necessary to implement the provisions of this chapter.

History of Section. (P.L. 2008, ch. 105, § 3; P.L. 2008, ch. 126, § 3; P.L. 2010, ch. 122, § 1; P.L. 2017, ch. 391, § 1; P.L. 2017, ch. 430, § 1.)