2015 -- H 5673

========

LC001665

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

____________

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - RHODE ISLAND REGULATORY

REFORM ACT

     Introduced By: Representatives Handy, Carson, Ruggiero, Naughton, and Williams

     Date Introduced: February 26, 2015

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 42-64.13 of the General Laws entitled "Rhode Island Regulatory

Reform Act" is hereby amended by adding thereto the following section:

     42-64.13-11. Coordinated products stewardship program management. – (a) The

general assembly finds and declares:

     (1) It is in the best interest of the citizens of the state of Rhode Island for the department

of environmental management and the Rhode Island resource recovery corporation to coordinate

efforts to develop, implement, promote and continuously improve recycling, waste minimization,

and waste diversion programs that are environmentally and economically sustainable.

     (2) Producers and manufacturers have a responsibility to help manage the waste their

products create at the end of the products' useful life. In order to effectively carry out their

responsibility, producers have a right to expect clear, reliable, common sense direction

accompanied by regular communications from state agencies charged with managing these

programs.

     (3) Under § 42-17.1-2(10), the director of the department of environmental management

is charged with cooperating with the solid waste management corporation (now known as the

resource recovery corporation) and to provide to the corporation such facilities, administrative

support, staff services and such other services within the department as the corporation shall

reasonably require for its operation; under chapter 19 of title 23, the Rhode Island resource

recovery corporation is charged with seeking the best mix of public and private processing,

recycling and disposal systems, programs, and facilities for both commercial and municipal waste

to meet Rhode Island's needs.

     (4) The statewide standards established pursuant to these authorities may be inadequate to

protect the natural resources of our state and need to be reevaluated based on current solid waste

industry practices, programs, and recyclables market data.

     (5) Many municipalities have implemented solid waste diversion and recycling programs

in response to and in accordance with chapters 18.9 and 19 of title 23, and strive to reduce costs

associated with these responsibilities.

     (6) Dissimilar standards and approaches to managing increasing numbers of product

stewardship programs and extended producer responsibility programs have resulted in a

bifurcated system wherein local governments, the corporation, covered product manufacturers,

recyclers, and the department manages the statutory requirements of each product program using

a variety of methods resulting in diverse outcomes.

     (7) The lack of a uniform process tends to burden businesses, the corporation and

municipalities that require a predictable regulatory environment in order to be successful.

     (8) Clear, predictable and reliable standards and a regulated process are needed to foster a

business climate that will grow our economy while ensuring the protection of our natural

resources.

     (b) No later than December 31, 2016, the Rhode Island division of planning in

consultation with the task force established in subsection (c) of this section, shall prepare and

submit to the governor, the senate president and the speaker of the house a report that is based

upon current waste system industry best practices, current sorting technologies, global

commodity market forces, and waste system planning needs, and solid waste system movement

and waste hierarchy knowledge. The report shall make recommendations that ensure the

protection of this state's natural resources while balancing the need for economic development

and shall:

     (1) Include an assessment of the current Rhode Island extended producer responsibility

(EPR) and product stewardship laws, programs, governance, rules, regulations, policies, and

practices under chapters 19, 24.8, 24.9, 24.10, 24.12, and 90 of title 23, and §§ 42-17.1-2(2) and

42-17.1-2(10);

     (2) Evaluate for comparison and contrast current United States and international

EPR/product stewardship program management models;

     (3) Identify gaps in oversight, enforcement, and implementation of existing Rhode Island

LC001665 - Page 2 of 4

programs; and

     (4) Recommend statutory and/or regulatory changes that are required to streamline and

effectively manage existing and future EPR and/or product stewardship programs.

Recommended changes may include organizational, functional, or responsibility realignment

adjustments to either the department or the corporation or both. Recommendations need not be

restricted to these two (2) entities and, upon the establishment of such standards by the general

assembly, municipalities shall not adopt or enforce any local ordinances or requirements for

product stewardship that exceed or otherwise conflict with such recommended statewide

standards.

     (c) The Rhode Island division of planning shall establish a task force and appoint

members thereto representing a balance of the interests to ensure the protection of this state's

natural resources while recognizing the need for economic development and at a minimum shall

include:

     (1) The director of the department of environmental management, or designee;

     (2) The director of the office of regulatory reform, or designee;

     (3) The executive director of the Rhode Island resource recovery corporation, or

designee;

     (4) The executive director of the Rhode Island commerce corporation, or designee;

     (5) One representative each from an environmental entity and a waste hauler's

association;

     (6) At least two (2) municipal representatives;

     (7) At least two (2) representatives from the business and/or manufacturing community or

an association representing the community; and

     (8) At least one representative (not necessarily one person possessing all requirements)

with experience in recycling sorting technology and logistics, local recyclables markets, and

global recyclables commodities marketing and logistics.

     (d) Implementation – The executive director of the Rhode Island resource recovery

corporation in consultation with the director of the office of regulatory reform shall submit no

later than January 31, 2017, to the governor, the speaker of the house and the senate president

proposed legislation establishing an EPR and product stewardship program management structure

identified in the report issued pursuant to subsection (b) of this section.

     SECTION 2. This act shall take effect upon passage.

========

LC001665

========

LC001665 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - RHODE ISLAND REGULATORY

REFORM ACT

***

     This act would require the division of planning to submit a report in consultation with a

task force to the governor, the house speaker and the senate president by December 31, 2016, to

eliminate regulatory conflicts among the department of environmental management, the resource

recovery corporation and municipalities and establish a uniform process in the areas of protection

of natural resources, recycling and product stewardship programs. This act would also authorize

the formation of a task force to ensure protection of the state's natural resources.

     This act would take effect upon passage.

========

LC001665

========

LC001665 - Page 4 of 4