2023 -- H 5142

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LC000250

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO HEALTH AND SAFETY -- HIGH HEAT WASTE FACILITY ACT OF 2023

     Introduced By: Representatives McGaw, Caldwell, Bennett, Carson, Donovan, Kazarian,
Serpa, Cortvriend, Fogarty, and Batista

     Date Introduced: January 18, 2023

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

amended by adding thereto the following chapter:

CHAPTER 19.19

HIGH HEAT WASTE FACILITY ACT OF 2023

     23-19.19-1. Findings.

     (1) As stated in §§ 23-19-3(14) and (16), solid waste incineration releases more than four

hundred (400) toxic pollutants including lead, mercury, dioxins, and acid gasses; poses

unacceptable threats to the health and safety of Rhode Islanders and the environment; and is the

most costly method of waste disposal;

     (2) Energy derived from the combustion of solid waste, and from the combustion of fuels

derived from solid waste, is not renewable energy; and

     (3) It is in the best interests of the health, safety, and welfare of residents and visitors to

Rhode Island to protect our communities, environment, climate, and natural resources by

prohibiting the construction and operation of solid waste incinerators, waste-to-fuel facilities,

waste-to-chemical facilities, and other high-heat waste facilities.

     23-19.19-2. Definitions.

     (1) “Construction and demolition (C&D) debris” has the same meaning as set forth in §

23-18.9-7.

     (2) “Depolymerization” means a process through which heat, pressure, and/or solvents are

used to break plastic polymers into oligomers and/or monomers.

     (3) “Gasification” means a process through which materials are exposed to heat, converting

carbon-based materials to synthetic fuels, chemical feedstocks, waxes, lubricants, or other

substances and solid residues, slag, ash, char, liquid wastes, and/or wastewater.

     (4) “Hazardous waste” has the same meaning as set forth in § 23-19.1-4.

     (5) “High-heat waste facility” means a facility which:

     (i) Uses any disposal, treatment, recycling, or manufacturing process including, but not

limited to, combustion, incineration, gasification, pyrolysis, hydropyrolysis, solvolysis, or

depolymerization, that exposes solid waste, segregated solid waste, recyclable materials,

construction and demolition (C&D) debris, post-use polymers, or recovered feedstock to

temperatures above four hundred degrees Fahrenheit (400⁰ F); or

     (ii) Combusts chemicals, feedstocks, fuels, monomers, oligomers, hydrocarbons, or waste

residues derived from any process that exposes solid waste, segregated solid waste, recyclable

materials, construction and demolition (C&D) debris, post-use polymers, or recovered feedstock to

temperatures above four hundred degrees Fahrenheit (400⁰ F).

     “High-heat waste facility” includes advanced recycling facilities, chemical recycling

facilities, molecular recycling facilities, and any other facility that uses a thermochemical process

to convert post-use polymers, plastic, or recovered feedstock into fuels, chemical feedstocks,

monomers, oligomers, hydrocarbons, waxes, lubricants, feedstocks, fuels, or hydrocarbons.

     (6) “Hydropyrolysis” means a process through which materials are exposed to heat in the

presence of hydrogen, converting carbon-based materials to synthetic fuels, chemical feedstocks,

waxes, lubricants, or other substances and solid residues, slag, ash, char, liquid wastes, and/or

wastewater.

     (7) “Plastic” means a synthetic material made from linking monomers through a chemical

reaction to create a polymer chain, including material derived from either petroleum or a

biologically based polymer, such as corn or other plant sources.

     (8) “Post-use polymer” means a plastic polymer previously used in any industrial,

commercial, agricultural, or domestic activity.

     (9) “Pyrolysis” means a process through which materials are exposed to heat in the absence

of oxygen, converting carbon-based materials to synthetic fuels, chemical feedstocks, waxes,

lubricants, or other substances and solid residues, slag, ash, char, liquid wastes, and/or wastewater.

     (10) “Recovered feedstock” means material derived and separated from solid waste,

segregated solid waste, recyclable materials, or construction and demolition (C&D) debris for use

as a feedstock or raw material in a high-heat waste facility.

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     (11) “Recyclable materials” has the same meaning as set forth in § 23-18.9-7.

     (12) “Segregated solid waste” has the same meaning as set forth in § 23-18.9-7.

     (13) “Solid waste” has the same meaning as set forth in § 23-18.9-7.

     (14) “Solvolysis” means a process through which materials are combined with a solvent

and subjected to heat and/or high pressure.

     23-19.19-3. Prohibition on new high-heat waste facilities.

     Notwithstanding any other law, rule, or regulation to the contrary, no permit or license shall

be issued for the construction or operation of a new high-heat waste facility, and no application for

a permit or license for such a facility shall be granted or issued by the state.

     SECTION 2. 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 -- HIGH HEAT WASTE FACILITY ACT OF 2023

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     This act would provide for a prohibition on any new high-heat waste facility.

     This act would take effect upon passage.

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