DEFINITIONS:

“Beverage” is intended to capture most beverages consumed outside of a home setting, excluding milk/dairy products, and those necessary for human health, including infant formula.

Additional definitions provide exemptions for de minimis producers, fountain drinks, and those beverages consumed at a restaurant or hotel.

“Producer” is defined by a tiered approach to establish the responsible party in the state as the entity that (1) brands a beverage for sale or (2) manufactures the beverage for sale or (3) the importer of the beverage into the United States. This is intended to provide commonality with other states pursuing Extended Producer Responsibility (EPR) policy and existing 501c3 operations formed by brand owners in multiple states (Minnesota, Maine, Colorado, and California) however, the responsible party could instead be entities that distribute beverages (Oregon) or manufacture beverage containers.

 

PRODUCER RESPONSIBILITY ORGANIZATION (PRO) REQUIREMENTS

(A) A 75% recycling rate is achieved through convenient redemption modalities (including curbside collection) and an appropriate refund value. All unredeemed refunds may be utilized to fund the collection system and PRO operations. No system funds are allocated to State government for non-system programs.

(B) This is an enforcement mechanism to allow Producers to ‘police themselves’ though legal recourse, however other mechanisms (such as fines or inability to sell beverage containers in the state) could be utilized in lieu of this standard.

 

RECYCLING REFUND TRUST FUND

This section is intended to limit the use of system funds only to the benefit of the system and operational cost of the PRO, including:

(1) funding collection modalities and the processes necessary to site convenient locations for public return of beverage containers. Important to note, this policy does not mandate return to retail in any way.

(2) providing refund value to consumers and entities outside of the PRO that collect and return beverage containers, including curbside/MRF operations – which comports with the SWANA DRS Policy Guidance.

(3) reimbursing entities that provide beverages to the public during disaster declarations.

(4) educating the public about the refund program.

 

COMPTROLLER OVERSIGHT; RESERVES
This section allows for financial oversight by the state authority of accounts to ensure PRO is operating in accordance with accounting standards and will remain able to provide consumers the refund value for beverage containers returned to the system.

 

PROCEDURES
This section provides recourse for the state if the recycling targets aren’t met by the PRO by protecting the consumer refunds until remediating plans can be established to ensure compliance with the 75% recycling target.

 

SECTION 2: IMPLENENTATION TIMELINE
September 1, 2026 – Commission will adopt rules.
September 1, 2027 – PRO will provide all necessary plans.
September 1, 2028 – System implementation/compliance goes into effect.
January 1, 2035 – System meet and maintain 75% recycling rate.