2016 -- S 2797 SUBSTITUTE A

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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 - 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:

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

Recycling" is hereby amended to read as follows:

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

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

incorporate recycling;

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

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

management and the cities and towns of the state;

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

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

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

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

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

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

recyclable and nonrecyclable components;

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

operations;

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

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

source separation system;

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

the municipal level should be encouraged and not interfered with;

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

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

should be by the private sector;

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

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

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

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

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

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

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

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

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

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

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

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

characteristics, environmental effects, or other factors;

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

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

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

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

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

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

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

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

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

commercial establishment.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

the clients it has contracted with;

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

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

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

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

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

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

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

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

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

subsection;

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

state based upon resource recovery, recycling, and reuse;

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

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

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

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

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

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

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

the eminent domain power and through contractual arrangements.

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

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

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

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

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

     SECTION 3. 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 - WASTE RECYCLING

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

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

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

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

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

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

recovery corporation.

     This act would take effect upon passage.

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