2016 -- S 2179

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LC004174

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO HEALTH AND SAFETY -- RHODE ISLAND RESOURCE RECOVERY

CORPORATION -- MEMBERSHIP

     Introduced By: Senators Coyne, Pagliarini, Lombardo, Picard, and Pichardo

     Date Introduced: January 27, 2016

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-19-6 of the General Laws in Chapter 23-19 entitled "Rhode

Island Resource Recovery Corporation" is hereby amended to read as follows:

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

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

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

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

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

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

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

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

function of the state.

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

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

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

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

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

      (c) The powers of the corporation shall be vested in nine (9) ten (10) commissioners,

consisting of the secretary of the Rhode Island executive office of commerce, or the secretary's

designee, who shall serve as an ex officio member, the director of administration, or the director's

designee, who shall be a subordinate within the department of administration, who shall serve as

an ex-officio member, and eight (8) public members to be appointed by the governor with advice

and consent of the senate, at least three (3) of whom shall be a resident of the town of Johnston.

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

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

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

waste haulers, and environmental advocacy organizations, and shall consider persons experienced

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

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

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

who shall serve the balance of the unexpired term of his or her predecessor. Those members of

the corporation as of May 4, 2006 who were appointed to the corporation by the governor shall

continue to serve the balance of their current terms. Thereafter, the appointments shall be made

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

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

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

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

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

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

members of the corporation shall be eligible to succeed themselves.

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

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

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

subsection 23-19-6(c).

      (f) Members of the corporation shall be removable by the governor pursuant to § 36-1-7

of the Rhode Island general laws, and removal solely for partisan or personal reasons unrelated to

capacity or fitness for the office shall be unlawful.

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

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

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

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

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

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

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

duties of the corporation.

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

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

the duties under this chapter.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

shall indemnify any commissioner, officer, or employee:

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

knowing violation of law;

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

      (3) For any malicious act.

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

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- RHODE ISLAND RESOURCE RECOVERY

CORPORATION -- MEMBERSHIP

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     This act would add the secretary of the Rhode Island executive office of commerce, or

the secretary's designee, as an ex officio member of the board of commissioners of the Rhode

Island resource recovery corporation.

     This act would take effect upon passage.

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