2016 -- S 2797 SUBSTITUTE A

========

LC005255/SUB A

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

____________

A N   A C T

RELATING TO HEALTH AND SAFETY - WASTE RECYCLING

     

     Introduced By: Senators Ruggerio, Sosnowski, Miller, Lombardo, and Gallo

     Date Introduced: March 23, 2016

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

1

     SECTION 1. Section 23-18.8-2 of the General Laws in Chapter 23-18.8 entitled "Waste

2

Recycling" is hereby amended to read as follows:

3

     23-18.8-2. Legislative findings. -- The general assembly recognizes and declares that:

4

      (1) Any environmentally and economically sound solid waste management system must

5

incorporate recycling;

6

      (2) A sound recycling program will be best achieved by cooperation of the Rhode Island

7

resource recovery corporation, the department of administration, the department of environmental

8

management and the cities and towns of the state;

9

      (3) All solid waste capable of being recycled should be recycled, as a target, no less than

10

thirty-five percent (35%) of the solid waste generated in the state should be disposed of through

11

recycling; and every effort should be made to exceed this meet the state recycling target;

12

      (4) A recycling facility should be operational at the central landfill;

13

      (5) Upon full implementation of the recycling program, all solid waste management,

14

both from cities and towns, and from commercial establishments, will be separated into

15

recyclable and nonrecyclable components;

16

      (6) Recycling operations should begin at resource recovery plants upon initiation of plant

17

operations;

18

      (7) In order to develop a workable implementation schedule the department of

19

environmental management should develop schedules for the entry of cities and towns into the

 

1

source separation system;

2

      (8) Private contractor arrangements for recovery of recyclables at the point of origin or at

3

the municipal level should be encouraged and not interfered with;

4

      (9) Recyclable materials recovered at recycling facilities are to be made available to

5

private industry in the first instance, and where cost effective, operation of recycling facilities

6

should be by the private sector;

7

      (10) The corporation should provide, for a period of three (3) years, the reasonable

8

additional allowable costs for implementing this program for the cities and towns;

9

      (11) The definition of recyclable materials should shall be the responsibility of the

10

department of environmental management; provided, that the definition shall include, but not be

11

limited to, plastic materials that contain the plastic resins used to produce labeled (1) through (7)

12

with the numbers clearly marked on the product and contained in a triangle formed by chasing

13

arrows corporation. The products shall be generated as part of daily, municipal, non-municipal

14

residential, or commercial activities. The corporation shall accept plastic materials labeled (3)

15

through (7) for recycling no later than June 30, 2013. Plastic resin by-products, or products

16

produced for industrial use, shall not be required to be accepted at the recycling facility, unless

17

deemed appropriate for processing by the corporation. The definition should shall be changed

18

from time to time depending upon new technologies, economic conditions, waste stream

19

characteristics, environmental effects, or other factors;

20

      (12) Telephone directories, five hundred thousand (500,000) of which, at an average

21

weight of five and one-quarter (5.25) pounds, are distributed yearly in the state, contribute

22

significantly to the solid waste stream, which would be greatly reduced if directories were printed

23

on recyclable paper and bound with a binder which will not interfere with recyclability.

24

      (13) Any person who generates commercial solid waste and employs fifty (50) or more

25

employees, shall contract for recycling services as part of any agreement between a private waste

26

hauler and the commercial establishment for the disposal of solid waste. A commercial

27

establishment of any size may work with the city or town where it is located to consider options

28

that would allow the city or town to collect the commercial recyclables generated by the

29

commercial establishment.

30

     (14) Pursuant to the authority provided in §42-17.1-2, the director may delegate to the

31

corporation enforcement of the provisions of this chapter under the terms and conditions

32

established by the director, including the assessment of existing penalties not to exceed one

33

thousand dollars ($1,000) for each violation.

34

     SECTION 2. Section 23-19-9 of the General Laws in Chapter 23-19 entitled "Rhode

 

LC005255/SUB A - Page 2 of 4

1

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

2

     23-19-9. Purposes of the corporation. -- (a) The purposes of the corporation shall be:

3

      (1) The planning, design, construction, financing, management, ownership, operation,

4

and maintenance of transfer stations, waste processing facilities, resource recovery facilities, and

5

all other solid waste management facilities deemed necessary by the corporation as being

6

desirable, convenient, or appropriate to carry out the provisions of this chapter;

7

      (2) The provision of solid waste management services to municipalities and persons

8

within the state by receiving solid wastes at the corporation facilities, pursuant to contracts

9

between the corporation and the municipalities, and persons, the recovery of resources and

10

resource values from the solid wastes, and the production from the services and resource recovery

11

operations, of revenues sufficient to provide for the support of the corporation and its operations

12

on a self-sustaining basis with due regard to the provision of the services at a reasonable cost to

13

the clients it has contracted with;

14

      (3) The fullest feasible utilization, through contractual arrangements, of private industry

15

for implementation of the corporation's plans and programs, and for any other activities that may

16

be considered necessary, desirable, or convenient by the corporation;

17

      (4) Assistance with and coordination of efforts directed towards source separation of

18

solid wastes for recycling purposes, including the design and implementation of recycling

19

programs throughout the state for residential, industrial, commercial, and institutions pursuant to

20

§23-19-4(b) and in accordance with §23-19-10, provided that the corporation shall prioritize

21

outreach and technical assistance to facilitate compliance with this subsection and no later than

22

December 31, 2016, shall adopt rules and regulations to carry out the requirements of this

23

subsection;

24

      (5) Assistance in the development of industries and commercial enterprises within the

25

state based upon resource recovery, recycling, and reuse;

26

      (6) Provided, either by contract with a private concern or directly by the corporation, or a

27

recycling facility at, or within a convenient distance of, all solid waste management facilities

28

under the jurisdiction of the Rhode Island resource recovery corporation; and

29

      (7) Develop an industrial/business park in the town of Johnston for points south of

30

Central Pike, west of Old Pocasset Road, to the intersection of Old Pocasset Road and Scituate

31

Avenue, then west of route 295, bounded to the south by the northern shore (mean high water

32

line) of the Upper Simmons Reservoir and the Lower Simmons Reservoir, through the exercise of

33

the eminent domain power and through contractual arrangements.

34

      (b) These purposes shall be considered to be operating responsibilities of the corporation,

 

LC005255/SUB A - Page 3 of 4

1

in accordance with the statewide solid waste management plan, and are to be considered public

2

purposes. It is the intention of this chapter that the corporation shall be granted all powers

3

necessary to fulfill these purposes and to carry out its assigned responsibilities, and that the

4

provisions of this chapter are to be construed liberally in furtherance of this intention.

5

     SECTION 3. This act shall take effect upon passage.

========

LC005255/SUB A

========

 

LC005255/SUB A - Page 4 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - WASTE RECYCLING

***

1

     This act would update the legislative findings of waste recycling to reflect technological

2

advances, would clarify that the Rhode Island resource recovery corporation is responsible for the

3

design and implementation of all statewide recycling programs, and would provide that the

4

director of the department of environmental management may, pursuant to existing authority,

5

delegate enforcement of the provisions of chapter 18.8 of title 23, including assessment of

6

existing penalties not to exceed one thousand dollars ($1,000), to the Rhode Island resource

7

recovery corporation.

8

     This act would take effect upon passage.

========

LC005255/SUB A

========

 

LC005255/SUB A - Page 5 of 4