(a)The Commissioner of Energy and Environmental Protection shall approve the formation of a beverage container stewardship organization constituted by deposit initiators if such organization submits an application to the commissioner that demonstrates such organization meets the following criteria:
(1)The organization is established and operated as an organization described in section 501(c)(3) of the Internal Revenue Code of 1986, as amended from time to time, and is exempt from taxation under said section, (2) the governing board of such organization consists of deposit initiators that represent the range of beverages and beverage container materials subject to the state's beverage container redemption program, and (3) such organization demonstrates that it has adequate financial respo
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(a) The Commissioner of Energy and Environmental Protection shall approve the formation of a beverage container stewardship organization constituted by deposit initiators if such organization submits an application to the commissioner that demonstrates such organization meets the following criteria: (1) The organization is established and operated as an organization described in section 501(c)(3) of the Internal Revenue Code of 1986, as amended from time to time, and is exempt from taxation under said section, (2) the governing board of such organization consists of deposit initiators that represent the range of beverages and beverage container materials subject to the state's beverage container redemption program, and (3) such organization demonstrates that it has adequate financial responsibility and financial controls in place, including fraud prevention measures and an audit schedule, to ensure proper management of funds. (b) All deposit initiators shall register with and join any beverage container stewardship organization approved pursuant to subsection (a) of this section not later than three months after such organization's approval by the commissioner. Any deposit initiator that wishes to initiate the sale of beverage containers in the state after such three-month period elapses shall register and join such organization not less than ninety days prior to selling beverage containers in the state. (c) On or before July 1, 2022, any organization approved pursuant to subsection (a) of this section shall submit a plan, for the commissioner's review and approval, to operate a state-wide beverage container stewardship program, as described in this subsection. In developing any such plan, such organization shall obtain input from members of the independent redemption centers community, municipal resource recovery facilities, municipal leaders, wine and spirits distributors and reverse vending machine operators. Such plan shall demonstrate, in detail, how such organization will operate and finance a program to provide for the redemption and recycling of beverage containers in the state, including, but not limited to: (1) Achieving and exceeding an annual redemption rate of eighty per cent by a specified timeline, (2) achieving financial self-sustainability, (3) achieving verifiable performance metrics for enhanced customer satisfaction with the beverage container redemption system, (4) adopting policies and making investments to ensure that recovered materials are returned to their highest and best use, (5) providing a detailed description of how existing collection and redemption centers throughout the state are to be utilized as part of such beverage container stewardship program, (6) disclosing applicable rates of redemption as of the time of such plan and those projected over the next five years under the proposed beverage container stewardship program and the recommended refund value for such containers that is necessary to achieve such redemption rates, (7) identifying how the plan will yield costs to the state or any participant of said program, (8) specifying revenues that escheat to the state pursuant to said beverage container stewardship program and any projected diminishment in the state's use or collection of such revenues in the next five fiscal years beginning July 1, 2022, (9) identifying any legislative changes necessary to carry out such plan, and (10) any other parameters or requirements specified by the commissioner. The commissioner shall not approve any such plan without verification that such organization obtained input from members of the independent redemption centers community, municipal resource recovery facilities, municipal leaders, wine and spirits distributors and reverse vending machine operators. (d) Not later than October 1, 2022, the Commissioner of Energy and Environmental Protection shall submit recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to the environment concerning any plan submitted pursuant to subsection (c) of this section.