2019 -- S 0402

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LC001564

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO EDUCATION -- SCHOOL WASTE RECYCLING AND REFUSE DISPOSAL

     Introduced By: Senators Valverde, Murray, Lawson, Satchell, and Seveney

     Date Introduced: February 27, 2019

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended

by adding thereto the following chapter:

CHAPTER 110

SCHOOL WASTE RECYCLING AND REFUSE DISPOSAL

     16-110-1. Legislative findings.

     The general assembly recognizes and declares that:

     (1) The people of the state desire to promote a clean and wholesome school environment

for our students, teachers, support staff, and school district administrators;

     (2) A significant percentage of school waste is recyclable;

     (3) A significant percentage of Rhode Island households are suffering from food

insecurity;

     (4) Surplus food donations help feed roughly thirteen percent (13%) of Rhode Islanders

comprising about fifty-six thousand (56,000) households;

     (5) Food donations are provided for under Rhode Island and federal good samaritan laws

so that businesses are protected from liability when donations are made in good faith;

     (6) The Rhode Island department of education, Rhode Island department of health, and

the United States Department Of Agriculture (USDA) support the recovery for donation of

unopened commercially packaged food and whole fruits from school meals in Rhode Island;

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

incorporate recycling and all solid waste capable of being recycled should be recycled;

     (8) A significant amount of plastics, paper, and electronic equipment is generated as

waste in Rhode Island Schools;

     (9) A sound recycling program for all covered educational entities will best be achieved

by cooperation of the Rhode Island resource recovery corporation, the department of

environmental management, the Rhode Island department of education, and the cities and towns

of the state;

     (10) Upon implementation, the program shall reduce food waste and paper waste at meal

times and throughout the school day and should be encouraged statewide.

     16-110-2. Definitions.

     As used in this chapter.

     (1) "Educational entity" means the entire Rhode Island school district including all public

and charter schools.

     (2) "Share tables" means any table, station or refrigerator within a school where school

pupils may return approved uneaten wholesome and safe food or beverage items which are then

made available to other school pupils for consumption.

     (3) "Waste audit" means an analysis of a facility's waste stream. The audit can identify

what types of recyclable materials and waste a facility generates, how much of each category is

recovered for recycling or discarded, and what materials can be composted.

     16-110-3. Waste audit/report.

     (a) On or after January 1, 2020, and every three (3) years thereafter, every educational

institution, including, but not limited to, all public and private schools grades kindergarten

through twelve (K-12), any charter public school, or any career and technical high school shall

coordinate and cooperate with the Rhode Island resource recovery corporation (RIRRC) for the

purpose of conducting school waste audits. These audits shall produce waste management reports

which shall be collected, maintained, and delivered to all school district school boards, school

district principals, school district facility managers, and school district superintendents. Such

waste audits shall be performed at every kindergarten through grade twelve (K-12) public,

private, charter and vocational school in Rhode Island.

     (b) Waste audits and any reports required herein shall include guidelines and strategies on

reducing waste for each school district to incorporate into their food waste reduction and

recycling programs in an effort to eliminate food waste, promote recycling, and provide food to

local communities.

     (c) Educational institutions, using the guidelines and strategies pursuant to subsection (b)

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of this section, shall design and implement a waste collection system in accordance with

applicable state law for the diversion of items including, but not limited to, paper, books,

furniture, computers, office supplies, plastic, glass, cardboard and surplus foods.

     16-110-4. Food service and refuse disposal.

     It shall be the policy of the state, the department of education, and any school district

thereunder to require that any request for proposal (RFP) to select a food service company

(vendor) to provide food services to a single school district, regional school district, multiple

school districts, including any public or private school grades kindergarten through twelve (K-

12), any charter public school, or any career and technical high school, shall include, as part of its

proposal, assurances that the vendor is in compliance with all laws relative to recycling and

composting pursuant to chapter 18.9 of title 23; provided that, food waste is separated for

diversion within that school district.

     16-110-5. Food service – Local sources preferred.

     It shall be the policy of the state, the department of education and any school district

thereunder to encourage that any request for proposal (RFP) to a food service company (vendor)

to provide food services to a single school district, regional school district or multiple school

districts including any public or private schools grades kindergarten through twelve (K-12), any

charter public school, any career and technical high school or any institution of higher learning to

encourage the use of a vendor that purchases ten percent (10%) of the required food service

product from a Rhode Island-based food service company. In addition, it shall also be the policy

of the state, the department of education, and any school district thereunder, to encourage the use

of vendors who recycle organic-waste materials at an authorized composting facility, an

anaerobic digestion facility, or by another authorized recycling method, regardless of whether the

entity purchasing the services is or is not a covered entity or a covered educational institution

pursuant to the provisions of § 23-18.9-7.

     16-110-6. Food donations by food service companies.

     (a) It shall be the policy of the state, the department of education and any school district

thereunder to require that any request for proposal (RFP) to select a food service company

(vendor) to provide food services to a single school district, regional school district or multiple

school districts including any public or private schools grades kindergarten through twelve (K-

12), any charter public school, or any career and technical high school shall require the vendor to

donate any unserved nonperishable or unspoiled perishable food to local food banks or the Rhode

Island Food Bank in accordance with the recommendations from the Rhode Island department of

health "The Road to End Hunger" initiative.

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     (b) Vendors required to donate nonperishable and unspoiled perishable food to local food

banks or the Rhode Island Food Bank shall initially make arrangements for the provision

accommodations necessary to carry out the provisions of this section.

     16-110-7. Share tables and food donation by schools.

     It shall be the policy of this state, the department of education, and any school district

thereunder to provide and facilitate the use of share tables for collection for donation to

encourage the consumption of nutritious foods and reduce food waste. All Rhode Island school

districts may permit the use of share tables provided that the food safety requirements outlined in

7 CFR 210.13, 220.7, 226.20(1), and 225.16(a), respectively, are followed together with any

applicable local and state health and food safety codes. Provided, further, any unused share table

nonperishable or unspoiled perishable food items may be provided to any local food pantry, soup

kitchen, the Rhode Island Food Bank, or nonprofit serving people in need.

     16-110-8. Rules and regulations.

     The commissioner is hereby authorized to promulgate whatever rules and regulations

may be required to implement this chapter and shall annually provide notice to all school districts

of the department's school waste disposal and refuse disposal policies.

     SECTION 2. Section 23-18.9-17 of the General Laws in Chapter 23-18.9 entitled "Refuse

Disposal" is hereby amended to read as follows:

     23-18.9-17. Food waste ban.

     (a) On and after January 1, 2016, each covered entity and each covered educational

institution shall ensure that the organic-waste materials that are generated by the covered entity or

at the covered educational facility are recycled at an authorized, composting facility or anaerobic

digestion facility or by another authorized recycling method if:

     (1) The covered entity or covered educational facility generates not less than one hundred

four (104) tons per year of organic-waste material; and

     (2) The covered entity or covered educational facility is located not more than fifteen (15)

miles from an authorized composting facility or anaerobic digestion facility with available

capacity to accept such material.

     (b) On and after January 1, 2018, each covered educational institution shall ensure that

the organic-waste materials that are generated at the covered educational facility are recycled at

an authorized, composting facility or anaerobic digestion facility or by another authorized

recycling method if:

     (1) The covered educational facility generates not less than fifty-two (52) tons per year of

organic-waste material; and

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     (2) The covered entity or covered educational facility is located not more than fifteen (15)

miles from an authorized, composting facility or anaerobic digestion facility with available

capacity to accept such material.

     (c) The director shall grant a waiver of the requirements of subsections (a) and (b) upon a

showing that the tipping fee charged by the Rhode Island resource recovery corporation for non-

contract commercial sector waste is less than the fee charged for organic-waste material by each

composting facility or anaerobic digestion facility located within fifteen (15) miles of the covered

entity's location.

     (d) On and after January 1, 2020, each covered entity and each covered educational

institution, including, but not limited to, any public or private school shall ensure that the organic-

waste materials that are generated by the covered entity or at the covered educational facility are

recycled at an authorized, composting facility or anaerobic digestion facility or by another

authorized recycling method if:

     (1) The covered educational facility generates not less than thirty (30) tons per year of

organic-waste material; and

     (2) The covered entity or covered educational facility is located not more than fifteen (15)

miles from an authorized, composting facility or anaerobic digestion facility with available

capacity to accept such material.

     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 EDUCATION -- SCHOOL WASTE RECYCLING AND REFUSE DISPOSAL

***

     This act would require schools to comply with composting and recycling laws, would

promote the donation of unspoiled nonperishable food by schools, would promote the selection of

local food service companies for school food service contracts and the selection of vendors who

recycle organic-waste at appropriate facilities, and would permit the use of share tables at all

schools.

     This act would take effect upon passage.

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