2016 -- S 2266

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LC004491

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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

     Introduced By: Senators Goodwin, Ruggerio, Ciccone, Conley, and Sheehan

     Date Introduced: February 09, 2016

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-19-10 of the General Laws in Chapter 23-19 entitled "Rhode

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

     23-19-10. General powers and duties. -- The corporation shall have all of the powers

necessary and convenient to carry out and effectuate the purposes and provisions of this chapter,

including but without limiting the generality of the foregoing, the power to:

      (1) Sue and be sued in its own name;

      (2) Have an official seal and alter the same at pleasure;

      (3) Have perpetual succession;

      (4) Maintain an office at a place or places within the state as it may designate;

      (5) Adopt and from time to time amend and repeal bylaws, rules, and regulations, not

inconsistent with this chapter and in a manner substantially similar to procedures set forth in the

Administrative Procedures Act as specified in chapter 35 of title 42, as amended, to carry into

effect the powers and purposes of the corporation and the conduct of its business; and the bylaws,

rules, and regulations may contain provisions indemnifying any person who is or was a

commissioner, officer, employee, or agent of the corporation, in the manner and to the extent

provided in § 7-1.2-814 of the Business Corporation Act;

      (6) Elect or appoint officers and employ a staff and fix their duties, qualifications, and

compensation;

      (7) Engage the services of consultants for rendering professional and technical assistance

and advice, and employ architects, engineers, attorneys, accountants, construction, and financial

experts and any other advisors, consultants, and agents that may be necessary in its judgment, and

to fix their compensation;

      (8) Conduct any hearings, examinations, and investigations that may be necessary and

appropriate to the conduct of its business and purposes;

      (9) Obtain access to public records;

      (10) Charge reasonable fees for the services it performs and provides;

      (11) Purchase, receive, lease, or otherwise acquire, own, hold, improve, use, and

otherwise deal in and with, any project, including real or personal property, or any interest

therein, wherever situated;

      (12) Sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of

all or any part of its property and assets for consideration and upon terms and conditions that the

corporation shall determine;

      (13) Make contracts and guarantees and incur liabilities, and borrow money at rates of

interest that the corporation may find feasible;

      (14) Make and execute agreements of lease, conditional sales contracts, installment sales

contracts, loan agreements, mortgages, construction contracts, operation contracts, and other

contracts and instruments necessary or convenient in the exercise of the powers and functions of

the corporation granted by this chapter, which contracts may include provisions for arbitration of

disputes;

      (15) Lend money for its purposes, invest and reinvest its funds, and at its option take and

hold real and personal property as security for the payment of funds so loaned or invested;

      (16) Acquire or contract to acquire, from any person, firm, corporation, municipality, the

federal government, or the state, or any agency of either the federal government or the state, by

grant, purchase, lease, gift, or otherwise, or obtain options for the acquisition of any property, real

or personal, improved or unimproved, and interests in land less than the fee thereof; and own,

hold, clear, improve, develop, and rehabilitate, and sell, assign, exchange, transfer, convey, lease,

mortgage, or otherwise dispose of or encumber the same for the purposes of carrying out the

provisions and intent of this chapter, for consideration that the corporation shall determine;

      (17) (i) Sell, mortgage, lease, exchange, transfer, or otherwise dispose of or encumber

any of its projects, (or in the case of a sale to accept a purchase money mortgage in connection

with the project) or grant options for any purposes with respect to any real or personal property or

interest therein, all of the foregoing for the consideration that the corporation shall determine.

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Any lease by the corporation to another party may be for that part of the corporation's property,

real or personal, for a period, upon terms or conditions, with or without an option on the part of

the lessee to purchase any or all of the leased property for consideration, at or after the retirement

of all indebtedness incurred by the corporation on account thereof, as the corporation shall

determine;

      (ii) Without limiting the generality of the foregoing, the corporation is expressly

empowered to lease or sell any part of the real or personal property owned or controlled by the

corporation to the state, or any department of the state or to any municipality. The provisions of

this section or of any other laws of this state (other than this chapter) restricting the power of the

state, its departments or any municipality, to lease or sell property, or requiring or prescribing

publication of notice of the intention to lease or sell, that would in any manner interfere with the

purpose of this section, which is to provide for the mutual cooperation by and between the

corporation and the state, its departments, or any municipality, to the fullest extent possible, are

not applicable to leases and sales made pursuant to this section;

      (18) Manage any project, whether then owned or leased by the corporation, and enter

into agreement with the state or any municipality or any person, firm, partnership, or corporation,

either public or private, for the purpose of causing any project to be managed;

      (19) Make plans, surveys, studies, and investigations necessary or desirable, in

conformity with applicable provisions of the state guide plan as promulgated and provided for by

the state planning agency, with the participation of the state planning council with due

consideration to local plans and other state plans;

      (20) Design or provide for the design of the solid waste management facilities that the

corporation will construct or cause to be constructed, as well as designs for the alteration,

reconstruction, improvement, enlargement, or extension of the facilities;

      (21) Construct or to cause to be constructed solid waste transfer station facilities,

processing facilities, resource recovery facilities, and ultimate disposal facilities and any other

solid waste management facilities that may be required by the corporation for the conduct of its

activities as herein provided;

      (22) Construct, acquire, repair, develop, own, operate, maintain, extend, improve,

rehabilitate, renovate, equip, and furnish one or more of its projects and make provision for their

management, and pay all or any part of the cost of one or more of its projects from the proceeds

of the bonds and notes of the corporation or from any contribution, gift, donation, or any other

funds made available to the corporation;

      (23) Enter upon lands and waters, upon giving due notice as may be necessary, to make

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surveys, soundings, borings, and any other examinations or tests as may be necessary to

accomplish the purposes of this chapter;

      (24) Enter into agreements or other transactions with and accept grants and the

cooperation of the federal government or any instrumentality of the federal government in

furtherance of the purposes of this chapter, including, but not limited to, the development,

maintenance, operation, and financing of any project, and to do any and all things necessary in

order to avail itself of aid and cooperation;

      (25) Receive and accept bids or contributions from any source of money, property, labor,

or other things of value, to be held, used, and applied to carry out the purposes of this chapter

subject to the conditions upon which the grants and contributions may be made, including, but not

limited to, gifts or grants from any governmental agency or instrumentality of the United States or

the state, for any purpose consistent with this chapter;

      (26) Prepare or cause to be prepared plans, specifications, designs, and estimates of costs

for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any of its

projects, and from time to time to modify the plans, specifications, designs or estimates;

      (27) Provide advisory, consultative, training, and educational services, technical

assistance and advice to any person, firm, partnership, corporation, or municipality, whether they

are public or private, in order to carry out the purposes of this chapter;

      (28) Review all municipal plans and proposals for the construction, or installation of

solid waste management facilities;

      (29) Undertake and promote the conduct of research into source separation and source

reduction techniques, facilities, and systems and into other solid waste management areas for any

purpose consistent with this chapter; the corporation shall consistent with regulations of the

department of environmental management adopt a statewide plan for separation of solid waste at

the source of generation, at collection points or transfer stations and the corporation and the

department of environmental management shall cooperate on the implementation of a statewide

plan. The corporation, with the assistance of the department of environmental management, will

submit an annual report on the status of separation of solid waste in the state;

      (30) Produce materials, fuels, energy, and by-products in any form from the processing

of solid wastes by the system, facilities, and equipment under its jurisdiction, and to receive funds

or revenues from their sale, and to deposit the funds or revenues in a bank or banks;

      (31) Borrow money and issue revenue bonds and notes and provide for the rights of the

holders, for any of its purposes, including, without limitation, the purpose of providing funds to

pay all or any part of the cost of any project and all costs incident to any project, or for the

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purpose of refunding any bonds or notes issued;

      (32) Subject to the provisions of any contract with noteholders or bondholders, consent

to the modification, with respect to rate of interest, time of payments or any installment of

principal or interest, security or any other term of any mortgage, mortgage loan, mortgage loan

commitment, contract, or agreement of any kind to which the corporation is a party;

      (33) In connection with the property on which it has made a mortgage loan, foreclose on

the property or commence an action to protect or enforce any right conferred upon it by law,

mortgage, contract, or other agreement, and bid for and purchase the property at any foreclosure

or any other sale, or acquire or take possession of the property; and in that event the corporation

may complete, administer, pay the principal of or interest on any obligations incurred in

connection with the property, dispose of and otherwise deal with the property in a manner that

may be necessary or desirable to protect the interest of the corporation;

      (34) As security for the payment of principal and interest on any bonds or notes or any

agreements made in connection therewith, mortgage and pledge any or all of its projects and

property, whether then owned or thereafter acquired, and pledge the revenues and receipts from

all or part thereof, and assign and pledge the leases, sales contracts, or loan agreements or other

agreements on any portion or all of its projects and property, and assign or pledge the income

received by virtue of the lease, sales contracts, loan agreements, or other agreements;

      (35) Invest any funds of the corporation including funds held in reserve or sinking funds,

or any money not required for immediate use or disbursement at the discretion of the corporation;

      (36) Contract with the federal government, other states, state agencies, and regional

authorities, as the corporation shall deem necessary or convenient in carrying out the purposes of

this chapter;

      (37) Be a promoter, partner, member, associate, or manager of any partnership,

enterprise, or venture;

      (38) Have and exercise all powers necessary or convenient to effect its purposes;

      (39) Insofar as the provisions of this chapter are inconsistent with the common law or the

provisions of any other laws of this state, general or special, restricting the power of any public

agency to enter into long term contracts which exceed the term of the governing body of the

agency or its members, the provisions of this chapter are controlling and the corporation shall be

deemed to have the power to enter into long term contracts which extend beyond the terms of the

commissioners as may be considered necessary, desirable, or convenient by the corporation;

provided, however, that prior to the execution of the contract, the contract has been reviewed by

the auditor general;

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      (40) Control the transportation, storage, and final disposal of all solid waste in the state

other than from sources owned or operated by the federal government, including the final

disposal of solid waste in facilities owned, operated, controlled, financed, or otherwise designated

by the corporation; provided, however, that the corporation shall not be empowered to engage in

the transportation, transfer, or storage of solid waste, other than at recycling facilities, except in

temporary situations where a municipality has defaulted in its obligation under this act or in

conjunction with its activities at its disposal sites; provided, however, that the corporation shall

not be empowered to take any action that would adversely affect or impair the validity of rights

and obligations under any valid contract for the disposal of municipal waste, which was in effect

on March 1, 1985, or any extension of the contract if extension was approved by the corporation,

or the right of any municipality to continue the operation of its own landfill until closure if the

landfill was in use by the municipality on December 1, 1986;

      (41) Undertake and promote continuing efforts to reduce the waste stream to the extent

practicable and economically feasible;

      (42) To purchase, receive, lease, or otherwise acquire, own, hold, improve, use, sell,

convey, and otherwise deal in and with real or personal property, wherever situated; and

      (43) Conduct a training course for newly appointed and qualified members and new

designees within six (6) months of their qualification or designation. The course shall be

developed by the executive director of the corporation, approved by the corporation, and

conducted by the executive director of the corporation. The corporation may approve the use of

any corporation or staff members or other individuals to assist with training. The training course

shall include instruction in the following areas: the provisions of chapters 23-19, 42-46, 36-14,

and 38-2; and the corporation's rules and regulations.

     (44) Not later than January 1, 2021, contract for the collection of recyclables at all state

agencies, institutions, and educational facilities as determined by the corporation in accordance

with subsection (10) of this section.

     SECTION 2. This act shall take effect upon passage.

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LC004491

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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

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     This act would enable the Rhode Island resource recovery corporation to contract for the

collection of recyclables at all state agencies, institutions, and educational facilities by January 1,

2021.

     This act would take effect upon passage.

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LC004491

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