The proposed West Virginia Beverage Producer Responsibility Act establishes new regulations for beverage producers to enhance recycling efforts and consumer refunds. It defines key terms such as "beverage," "beverage container," and "producer," and mandates the formation of a Beverage Producer Responsibility Organization (PRO) by producers. The PRO is responsible for achieving a recycling rate of at least 75% for beverage containers by January 1, 2035, and must manage a recycling refund trust fund to facilitate consumer refunds for returned containers. The bill also sets labeling standards for beverage containers and requires oversight of the PRO's financial operations by the State Auditor.

Additionally, the legislation introduces a tax credit for eligible producers who develop redemption centers or technology-based redemption centers, allowing them to receive a credit against certain state taxes over a ten-year period, with limitations to prevent excessive reductions in the business and occupation tax. Compliance deadlines are established, requiring producers and retailers to adhere to the new regulations by January 1, 2028, and the Department of Environmental Protection is tasked with promulgating rules by September 1, 2027. Overall, the act aims to clarify existing provisions and improve the administration of recycling practices in West Virginia.

Statutes affected:
Introduced Version: 22-15B-1, 11-13NN-1