2013 -- S 0406

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LC01101

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO HEALTH AND SAFETY - REDUCE MARINE DEBRIS AND PRESERVE

LANDFILL SPACE WHILE INCREASING THE RECYCLING OF POST-CONSUMER

PACKAGING MATERIAL

     Introduced By: Senators Cool Rumsey, DiPalma, Sosnowski, Lombardo, and Goldin

     Date Introduced: February 26, 2013

     Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

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     SECTION 1. 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 18.18

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REDUCTION OF MARINE DEBRIS AND PRESERVE LANDFILL SPACE WHILE

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INCREASING THE RECYCLING OF POST-CONSUMER PACKAGING MATERIAL

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     23-18.18-1. Short title. – This chapter shall be known as the "Rhode Island marine

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Debris Reduction Act."

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     23-18.18-2. Purpose. -- The purposes of this chapter are:

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     (1) To reduce the amount of post-consumer packaging that ends up as marine and beach

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debris;

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     (2) To increase statewide recovery rates of post-consumer packaging materials for reuse

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and recycling programs;

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     (3) To establish a manufacturer financed system to increase the collection, recycling and

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reuse of discarded post-consumer packaging materials;

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     (4) To promote the development of infrastructure for the reuse and recycling of discarded

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post-consumer packaging materials;

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     (5) To minimize costs incurred by Rhode Island municipalities to collect, dispose of, or

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recycle discarded post-consumer packaging materials;

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     (6) To encourage the reduction of packaging for consumer goods and, alternatively, the

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use of more reusable and recyclable materials in the packaging of consumer goods;

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     (7) To research baseline marine litter data in Rhode Island and develop and fund new

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programs to prevent further degradation and monitoring statewide progress.

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     23-18.18-3. Findings. – The general assembly hereby finds and declares:

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     (1) The state of Rhode Island plays an integral role in protecting its coast and ocean

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waters, The "Rhode Island Marine Debris reduction Act" recognizes the necessity of reducing the

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amount of unrecovered post-consumer packaging found as waste and litter at our beaches, on our

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coasts, in the bay, in our storm drains, and in the surrounding ocean.

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     (2) Current data shows that up to eighty percent (80%) or more of marine debris is

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attributable to land-based sources. Of the debris that ends up in our water resources, as much as

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two-thirds (2/3) originates as post-consumer packaging materials.

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     (3) Municipal governments and taxpayers currently bear the entire cost associated with

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managing plastics packaging, including its collection for recycling, beach clean-ups and disposal

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in landfills. Municipal governments in Rhode Island are struggling financially and the costs of

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bearing sole responsibility for collecting post-consumer packaging material is coming at the

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expense of funding for police and fire protection, teachers and education and other essential

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government services.

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     (4) Many governments throughout the world require the producers of post-consumer

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packaging to pay for collection, recovery and recycling to help reduce the cost burden of

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managing post-consumer packaging materials, encourage recycling, and educate consumers about

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how to dispose of their products and attendant packaging.

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     (5) Rhode Island municipalities representing over half of the state's population have

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passed resolutions to support industry financing for the collection, processing and recycling of

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their post-consumer materials. It is critically important that Rhode Island benefit from industry's

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financial support, experience and assistance to capture more of these materials for reuse and

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recycling before they are brought to the landfill or left as litter on our roads, rivers and beaches,

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resulting in marine debris.

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     23-18.18-4. Definitions. – The words and phrases defined in this section shall be

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controlling in all local ordinances, regulations and rules created under this chapter.

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     (1) "Brand" means a name, symbol, word or mark that identifies a product and attributes

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the product to the owner of the brand as the producer.

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     (2) "Department" means the Rhode Island department of environmental management.

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     (3) "Packaging" means materials that are used for the containment, protection, handing,

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delivery, and presentation of goods sold or delivered in the state.

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     (4) "Post-Consumer" means the material that would normally be discarded as municipal

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solid waste having completed its life cycle as a consumer item.

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     (5) "Producer" means a person:

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     (i) Who manufactures materials used in the packaging of consumer goods and sells,

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offers to sell, or distributes in Rhode Island under the manufacture's own name or brand;

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     (ii) If paragraph (i) of this subdivision does not apply, who is not the manufacturer of the

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packaging material but is the owner of licensee of a trademark or brand under which the material

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is sold or distributed in Rhode Island, whether or not the trademark is registered;

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     (iii) If paragraphs (i) and (ii) of this subdivision do not apply, who imports the packaging

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material into Rhode Island for sale or distribution; or

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     (iv) Who sells at wholesale or retail a designated material, does not have legal ownership

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of the brand, and elects to fulfill the responsibilities of the producer for that product.

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     (6) "Producer responsibility organization" means an organization designated by a group

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of producers to act as an agent on behalf of each producer to develop and operate a producer

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responsibility program for packaging and printed paper.

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     (7) "Program plan" means a detailed plan that describes the manner in which producers

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shall arrange for the collection and recycling of post-consumer plastic.

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     (8) "Recycling" means the process of collecting and preparing designated material for use

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in manufacturing processes or for recovery of usable materials followed by delivery of such

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materials for use as standalone material input, as a replacement for, or supplement to, raw

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materials. Recycling does not include destruction by incineration; waste-to-energy incineration,

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conversion into a fuel or other such processes; or landfill disposal.

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     (9) "Recycling rate" means the percentage of packaging sold, offered for sale, delivered,

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or distributed to households that is collected, processed, and delivered for use in manufacturing

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processes for use as standalone material input, as a replacement for, or supplement to, raw

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materials.

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     23-18.18-5. Recycling of post-consumer packaging. – (a) Producers of packaging, or a

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producer responsibility organization acting as a designated agent, are required to develop and

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submit a program plan to the department within twelve (12) months of the passage of this chapter

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that arranges for and finances the collection and recycling of post-consumer packaging as

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described within this section.

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     (b) The submitted plan shall, at a minimum:

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     (1) Indicate how producers of post-consumer packaging shall achieve a recycling rate of

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eighty percent (80%) for each type of packaging by the year 2020;

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     (2) Identify the packaging materials that any producer, or producer responsibility

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organization, is taking responsibility. For each material identified, the producer or producer

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responsibility organization will outline how they will achieve a recycling rate of no less than

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eighty percent (80%) target by weight by the year 2020;

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     (3) Include an explanation of the process for determining how much packaging is sold

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into the state each year, and determining the amount of material recovered and recycled;

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     (4) Include a financing structure that is sufficient to cover the cost of developing the plan,

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operating to program and maintaining a financial reserve sufficient to operate the program in a

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fiscally prudent and responsible manner;

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     (5) Include a description of the public education program to develop awareness of this

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program and invest the public in participation;

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     (6) Indicate how the producers, or the producer responsibility organization, will work

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with municipalities and the Rhode Island resource recovery corporation to operate and/or expand

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current collection programs that are just as or more convenient to Rhode Island residents;

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     (7) Indicate how the producers, or the producer responsibility organization, will work

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with the Rhode Island economic development corporation, or its assigns and successors, to

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identify ways in which the state can motivate local infrastructure investment, business

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development and job creation related to the collection, transportation and processing of post-

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consumer packaging materials;

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     (8) Include a program to work with local, regional and national groups that collect beach

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and marine debris to determine baseline data on what types of materials end up as beach and

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marine debris and the methods by which it travels from manufacturer to discarding on public land

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in order to identify the most effective ways that this public nuisance can be currently mitigated

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and provide for future prevention;

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     (9) The plan must allow for on-going monitoring of the incidents of post-consumer

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packaging as beach and marine debris and include funding for effective and efficient beach and

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marine litter abatement programs.

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     (c) Waste incineration, waste-to-energy or waste-to-fuel conversion is not a form of

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recycling or a means to reach this goal.

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     (d) Consultation required. A producer or group of producers shall consult with

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stakeholders during the development of the plan, solicit stakeholder comments, and attempt to

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address any stakeholder concerns regarding the plan before submitting the plan to the department

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for review.

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     (e) Not later than ninety (90) days after the submission of a plan pursuant to this section,

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the department shall make a determination whether to:

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     (1) Approve the plan as submitted;

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     (2) Approve the plan with conditions; or

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     (3) Deny the plan.

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     (f) Not later than six (6) months after the date the plan is approved, the producers, or

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producer responsibility organization, shall implement the approved plan.

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     (g) Not later than the implementation date of the program, the department shall list the

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names of participating producers and the brands covered by the approved program.

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     (h) Within twenty-four (24) months of the passage of this chapter, no producer,

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distributor or retailer shall sell or offer for sale any packaging materials to any person in this state

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if the producer of such materials has not had a plan approved by the department independently or

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through a producer responsibility organization.

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     (i) Producers of packaging shall submit an annual report to the department, by March 15,

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each year the program plan is in operation, which shall include information and data from the

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process for determining how much packaging is sold into the state each year, and determining the

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amount of material recovered and recycled. Such audit will also include a review of fees assessed

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and expenses incurred to ensure that it is consistent with the budget contained within the plan

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described in this section. This information may be audited by the department by an independent

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auditor chosen by the department, and paid under the plan outlined in this section.

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     23-18.18-6. Regulations. – The department is hereby authorized to promulgate rules and

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regulations as may be necessary to implement and carry out the provisions of this chapter.

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     23-18.18-7. Enforcement. – Failure to achieve a recycling rate for a specific material-

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type established by or pursuant to subsection 23-18.8-5(b) shall obligate the producers covered

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under the material-type to make available not more than one million dollars ($1,000,000) per year

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of non-compliance, to the department. The department shall deposit the funds received from

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producers into an expendable trust for grants for market development related to the collection and

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recycling of the material type. Producers' individual contributions shall not exceed their

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respective market shares of packaging sold in the state.

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     SECTION 2. This act shall take effect upon passage.

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LC01101

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - REDUCE MARINE DEBRIS AND PRESERVE

LANDFILL SPACE WHILE INCREASING THE RECYCLING OF POST-CONSUMER

PACKAGING MATERIAL

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     This act would establish the Rhode Island Marine Debris Act.

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     This act would take effect upon passage.

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LC01101

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