Section 096-428-19 - Packaging Stewardship Fund CapA.Excess Funding. Each year after municipal reporting and before invoicing producers, the SO must determine whether there is excess funding in the packaging stewardship fund.(1) There is no excess funding during the first five years.(2) After five years, the packaging stewardship fund has excess funding if after setting aside funding for municipal reimbursement for the prior calendar year, there is more than enough funding to cover:(a) The sum of expenditures realized over the past five years, other than expenditures on major investment needs; and(b) The amount being saved for major investment needs according to the savings plan.(3) After 10 years, the packaging stewardship fund has excess funding if after setting aside funding for municipal reimbursement for the prior calendar year, there is more than enough funding to cover:(a) The sum of expenditures realized over the past three years, other than expenditures on major investment needs; and(b) The amount being saved for major investment needs according to the savings plan.B.Reducing Amount Owed. If producer reporting demonstrates that full payment will result in excess funding, the SO must calculate the expected excess funding, divide that amount by the number of tons produced during the prior program year, and reduce the amount owed for each ton of packaging material produced accordingly. If a producer's per ton cost is such that this reduction is more than the amount owed, the excess must be used to lower or eliminate the producer's annual registration fee but must not be refunded to the producer.06-096 C.M.R. ch. 428, § 19