2020 -- H 7872

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LC004407

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO FOOD AND DRUGS -- PLASTIC RECYCLING AND LITTER ACT

     Introduced By: Representatives Kazarian, Carson, McEntee, Fogarty, and Shekarchi

     Date Introduced: February 26, 2020

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 21-27.1 of the General Laws entitled "Plastic Recycling and Litter

Act" is hereby amended by adding thereto the following section:

     21-27.1-4. Reducing plastic and other disposables in food service program.

     (a) In an effort to assist food businesses to implement best practices to reduce waste and

cut costs by minimizing disposable product usage, the general assembly hereby establishes a

voluntary program to be known as "ReThink Disposable RI".

     (b) This technical assistance program will be offered by the Rhode Island chapter of

ReThink Disposable at no charge to caterers, mobile food vendors or restaurants. This program

can:

     (1) Make recommendations to help businesses reduce waste from disposable packaging;

     (2) Purchase some reusable products to help businesses implement the recommendations

(based on available funding);

     (3) Measure and report back to the business owner the amount of waste reduced and the

annual cost savings; and

     (4) Recognize and promote the business within the community.

     (c) The following conditions are required for participation:

     (1) Implementation of recommended changes within an agreed upon timeline; and

     (2) Provision of information in a timely manner that allows ReThink Disposable to track

and document the progress.

     (d) The program consists of a three (3) step process as follows:

     (1) Performance of a baseline inventory of the quantity and costs of the disposable products

used by the business;

     (2) Implementation of recommended practices to reduce the use of disposable food

serviceware; and

     (3) Performance of a follow-up inventory to measure reductions and cost savings.

     (e) The department of environmental management shall create a form to allow food

businesses to apply for participation in this program and a certificate of completion of the program

for the business to present to the division of taxation.

     (f) All participants who successfully complete the program shall receive a dated certificate

of completion for presentation to the division of taxation granting them a two (2) year exemption

from the payment for a litter control participation permit pursuant to the provisions of § 44-44-3.1.

     SECTION 2. Section 44-44-3.1 of the General Laws in Chapter 44-44 entitled "Taxation

of Beverage Containers, Hard-to-Dispose Material and Litter Control Participation Permittee" is

hereby amended to read as follows:

     44-44-3.1. Permit required.

     (a) Commencing August 1, 1988, every person engaging in, or desiring to engage in

activities described in § 44-44-2(20), shall annually file an application with the tax administrator

for a litter control participation permit, hereinafter called a "permit", for each place of business in

Rhode Island. In those cases where the only qualifying activity is the operation of vending

machines, the person shall either obtain a Class A permit for each vending machine or obtain a

permit based on total gross receipts. All applications shall be in a form, including information and

bearing signatures that the tax administrator may require. At the time of making an application, the

applicant shall pay the tax administrator a permit fee based as follows:

     (1) For the applicant whose gross receipts for the prior calendar year measured less than

fifty thousand dollars ($50,000), a fee of twenty-five dollars ($25.00);

     (2) For the applicant whose gross receipts for the prior calendar year measured at least fifty

thousand dollars ($50,000), but less than one hundred thousand dollars ($100,000), a fee of thirty-

five dollars ($35.00);

     (3) For the applicant whose gross receipts for the calendar year measured at least one

hundred thousand dollars ($100,000), but less than four hundred thousand dollars ($400,000), a fee

of seventy-five dollars ($75.00);

     (4) For the applicant whose gross receipts for the prior calendar year measured at least four

hundred thousand dollars ($400,000), but less than one million dollars ($1,000,000), a fee of one

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hundred dollars ($100); and

     (5) For the applicant whose gross receipts for the prior calendar year measured one million

dollars ($1,000,000) or more, a fee of one hundred twenty-five dollars ($125) for each one million

dollars ($1,000,000) or fraction of this amount. The fee in this subdivision shall not exceed the sum

of one thousand dollars ($1,000) for each permit at each place of business in Rhode Island when

the "qualifying activities" referred to in this section and defined in § 44-44-2(20) and the sale of

food products do not exceed ten percent (10%) of the gross receipts for each permit.

     (b) Commencing August 1, 2020, any business engaged in the food service business,

including, but not limited to, a caterer, mobile food vendor, or restaurant which successfully

completes the program for reducing plastic and other disposables established by § 21-27.1-4 shall

be exempt from the payment of any fee required by this section upon presentation of a dated

certificate of completion issued by the department of environmental management for a period of

two (2) years.

     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 FOOD AND DRUGS -- PLASTIC RECYCLING AND LITTER ACT

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     This act would create a voluntary program available at no charge to caterers, mobile food

vendors and restaurants for the reduction of plastic and other food service disposable waste and the

resulting cost savings. Upon successful completion of the program, the business would receive a

certificate from the department of environmental management for presentation to the division of

taxation entitling the business to a two (2) year exemption from the payment for a litter control

participation permit.

     This act would take effect upon passage.

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