2012 -- H 8205 SUBSTITUTE A AS AMENDED

=======

LC02706/SUB A/2

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO HEALTH AND SAFETY - RHODE ISLAND RESOURCE RECOVERY

CORPORATION

     

     

     Introduced By: Representatives Ucci, Fellela, Petrarca, Marcello, and Carnevale

     Date Introduced: May 24, 2012

     Referred To: House Environment and Natural Resources

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 23-19-6 and 23-19-23 of the General Laws in Chapter 23-19

1-2

entitled "Rhode Island Resource Recovery Corporation" are hereby amended to read as follows:

1-3

     23-19-6. Creation, membership, and terms of the Rhode Island Resource Recovery

1-4

Corporation. -- (a) There is authorized, created, and established a public corporation of the state,

1-5

having a distinct legal existence from the state and not constituting a department of the state

1-6

government, with the politic and corporate powers set forth in this chapter, to be known as the

1-7

Rhode Island resource recovery corporation, ("the corporation") to carry out the provisions of this

1-8

chapter. The corporation is constituted a public instrumentality and agency exercising public and

1-9

essential governmental functions, and the exercise by the corporation of the powers conferred by

1-10

this chapter shall be deemed and held to be the performance of an essential governmental

1-11

function of the state.

1-12

      (b) It is the intent of the general assembly by the passage of this chapter to create and

1-13

establish a public corporation and instrumentality and agency of the state for the purpose of the

1-14

activities authorized by this chapter, and to vest the corporation with all powers, authority, rights,

1-15

privileges, and titles that may be necessary to enable it to accomplish those purposes. This

1-16

chapter shall be liberally construed in conformance with the purpose expressed in this section.

1-17

      (c) The powers of the corporation shall be vested in eight (8) nine (9) commissioners,

1-18

consisting of the director of administration, or the director's designee, who shall be a subordinate

1-19

within the department of administration, who shall serve as a nonvoting an ex-officio member,

2-1

and seven (7) eight (8) public members to be appointed by the governor with advice and consent

2-2

of the senate, at least two (2) three (3) of whom shall be a resident of the town of Johnston. In

2-3

making these appointments, the governor shall give due consideration to recommendations from

2-4

the mayor of the town of Johnston and from the League of Cities and Towns. The governor shall

2-5

also give due consideration to recommendations from representatives of the commercial waste

2-6

haulers, and environmental advocacy organizations, and shall consider persons experienced in the

2-7

field of recycling. Those members of the corporation as of May 4, 2006 who were appointed to

2-8

the corporation by members of the general assembly shall cease to be members of the corporation

2-9

on May 4, 2006, and the governor shall thereupon nominate one new member who shall serve the

2-10

balance of the unexpired term of his or her predecessor. Those members of the corporation as of

2-11

May 4, 2006 who were appointed to the corporation by the governor shall continue to serve the

2-12

balance of their current terms. Thereafter, the appointments shall be made by the governor with

2-13

advice and consent of the senate as prescribed in this section.

2-14

      (d) All public members shall serve staggered three (3) year terms except as otherwise

2-15

provided in subsection (c) of this section. In the month of June each year thereafter, the governor

2-16

shall appoint the successor(s) to the commissioners the governor has appointed whose terms

2-17

expire that year, to serve for a term of three (3) years commencing on the day they are qualified.

2-18

All public members shall serve until their respective successors are appointed and qualified. The

2-19

members of the corporation shall be eligible to succeed themselves.

2-20

      (e) Any vacancy occurring in the office of a member by death, resignation, or otherwise

2-21

shall be filled by the governor with advice and consent of the senate in the same manner as the

2-22

original appointment for the balance of the unexpired term of the former member as prescribed in

2-23

subsection 23-19-6(c).

2-24

      (f) Members of the corporation shall be removable by the governor pursuant to section

2-25

36-1-7 of the Rhode Island general laws, and removal solely for partisan or personal reasons

2-26

unrelated to capacity or fitness for the office shall be unlawful.

2-27

      (g) The commissioners shall annually elect from among their number a chair, vice chair

2-28

and a treasurer, and any other officers that they may determine. Meetings shall be held at the call

2-29

of the chair or whenever two (2) commissioners so request. Four (4) commissioners shall

2-30

constitute a quorum, and any action taken by the corporation under the provisions of this chapter

2-31

may be authorized by resolution approved by a majority of the commissioners present and voting

2-32

at any regular or special meeting. No vacancy in the membership of the corporation's board of

2-33

commissioners shall impair the right of a quorum to exercise all the rights and perform all the

2-34

duties of the corporation.

3-1

      (h) Commissioners shall receive no compensation for the performance of their duties, but

3-2

the commissioner shall be reimbursed for his or her reasonable expenses incurred in carrying out

3-3

the duties under this chapter.

3-4

      (i) The commissioners of the corporation shall at regular intervals at least eight (8) times

3-5

a year conduct business meetings for the purpose of carrying out its general business. The

3-6

meetings shall be open to the public and all records and minutes will be a matter of public record.

3-7

The corporation shall be considered a "public body" and shall be subject to the provisions of the

3-8

Open Meetings Law, chapter 42-46 and to the provisions of title 38 concerning public records.

3-9

      (j) The corporation shall continue until its existence is terminated by law. At that time its

3-10

holdings and assets shall pass to and become vested in the state.

3-11

      (k) The state shall indemnify and hold harmless every past, present, or future

3-12

commissioner, officer, or employee of the corporation who is made a party to or is required to

3-13

testify in any action, investigation, or other proceeding in connection with or arising out of the

3-14

performance or alleged lack of performance of that person's duties on behalf of the corporation.

3-15

These persons shall be indemnified and held harmless, whether they are sued individually or in

3-16

their capacities as commissioners, officers, or employees of the corporation, for all expenses,

3-17

legal fees and/or costs incurred by them during or resulting from the proceedings, and for any

3-18

award or judgment arising out of their service to the corporation that is not paid by the

3-19

corporation and is sought to be enforced against a person individually, as expenses, legal fees,

3-20

costs, awards or judgments occur. Provided, however, that neither the state nor the corporation

3-21

shall indemnify any commissioner, officer, or employee:

3-22

      (1) For acts or omissions not in good faith or which involve intentional misconduct or a

3-23

knowing violation of law;

3-24

      (2) For any transaction from which the member derived an improper personal benefit; or

3-25

      (3) For any malicious act.

3-26

      (l) No one shall be eligible for appointment unless he or she is a resident of the state.

3-27

     23-19-23. Citizen advisory board. Citizens advisory board. -- The governor shall

3-28

appoint from among interested citizens of the state eleven (11) members, and the mayor of

3-29

Johnston shall appoint one member to a citizens solid waste management advisory board

3-30

consisting of twelve (12) persons. In the month of June each year, the governor shall appoint a

3-31

successor to the member of the board whose term shall expire in that year, to hold office

3-32

commencing on the first day of July in the year of appointment and until the first day of July in

3-33

the third year after their respective appointments and until their respective successors are

3-34

appointed and qualified. In the month of June upon the expiration of the terms, the mayor of the

4-1

town of Johnston shall appoint a successor to the member of the board whose term shall expire in

4-2

that year, to hold office commencing on the first day of July in the year of appointment and until

4-3

the first day of July in the third year after his or her appointment, and until his or her successor is

4-4

appointed and qualified. Any vacancy which may occur in the board shall be filled by the

4-5

governor or the mayor of Johnston in accordance with the original manner of appointment, for the

4-6

duration of the unexpired term. It shall be the role of the citizens advisory board to give advice to

4-7

the corporation concerning rules and regulations and legislation affecting solid waste

4-8

management, resource recovery, and recycling; and to study the effects of existing recovery and

4-9

recycling programs, and to annually report its findings to the corporation for inclusion in the

4-10

annual report and to recommend to the corporation, special studies and projects which it feels are

4-11

needed to further economic solid waste management, resource recovery, and recycling. At least

4-12

two (2) members of the board shall be designated from time to time to attend all meetings of the

4-13

solid waste management corporation. The members of the citizen advisory board shall serve

4-14

without compensation. The board shall, at regular intervals, conduct business meetings for the

4-15

purpose of carrying out its general business, and the meetings shall be open to the public and all

4-16

records and minutes will be a matter of public record.

4-17

     (a) There is hereby created a permanent board to be known as the "Citizens Advisory

4-18

Board" to consist of twelve (12) members, six (6) to be appointed by the governor, two (2) of

4-19

whom shall be from the city of Cranston, two (2) of whom shall be from the town of Scituate and

4-20

two (2) from the town of Johnston; three (3) of whom shall be appointed by the mayor of

4-21

Johnston and three (3) of whom shall be appointed by the town council of Johnston. The term of

4-22

appointment shall be three (3) years.

4-23

     (b) It shall be the role of the citizens advisory board to advise the Rhode Island resource

4-24

recovery corporation concerning: rules and regulations and legislation affecting solid waste

4-25

management, resource recovery and recycling; effects of existing recovery and recycling

4-26

programs; all landfill expansion plans; all single expenditures which exceed five hundred

4-27

thousand dollars ($500,000); all land clearing proposals of over one quarter (1/4) of an acre of

4-28

land in the landfill; proposed construction of all new buildings of the landfill and additions to

4-29

existing landfill buildings that exceed two hundred (200) square feet; annually reporting their

4-30

findings to the governor, speaker of the house of representatives and president of the senate, and

4-31

to recommend to the corporation, special studies and projects which it feels are needed to further

4-32

economic solid waste management resource recovery and recycling.

4-33

     (c) At least two (2) members of the board shall be designated from time to time to attend

4-34

all meetings of the Rhode Island resource recovery corporation. The board shall, at regular

5-1

monthly intervals, conduct business meetings for the purpose of carrying out its general business,

5-2

and the meetings shall be open to the public and all records and minutes shall be a matter of

5-3

public record.

5-4

     (d) The board shall elect annually a chairperson and vice chairperson from among its

5-5

membership.

5-6

     (e) The Rhode Island resource recovery corporation shall furnish the advisory board a

5-7

suitable location to hold its meetings.

5-8

     (f) The board shall meet at least quarterly and at the call of the chairperson or four (4)

5-9

board members. The executive director of the Rhode Island resource recovery corporation shall

5-10

be present for all board meetings to inform the board of the actions of the corporation and to

5-11

respond to the board's inquiries.

5-12

     (g) The board shall review legislative proposals and comment on existing state laws

5-13

relating to solid waste management, resource recovery and recycling.

5-14

     (h) The board shall have free access to all public records and documents of the Rhode

5-15

Island resource recovery corporation which may be of value to it in connection with the research

5-16

and study of the board.

5-17

     (i) A board member shall not receive compensation for his or her service on the board.

5-18

     SECTION 2. This act shall take effect upon passage.

     

=======

LC02706/SUB A/2

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - RHODE ISLAND RESOURCE RECOVERY

CORPORATION

***

6-1

     This act would set forth the composition, purpose and powers of the citizens advisory

6-2

board to the Rhode Island resource recovery corporation.

6-3

     This act would take effect upon passage.

     

=======

LC02706/SUB A/2

=======

H8205A