2023 -- H 5171

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LC000198

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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 - REFUSE DISPOSAL - FOOD WASTE BAN

     

     Introduced By: Representatives Cortvriend, McGaw, Carson, Boylan, Bennett,
Speakman, McEntee, Donovan, Fogarty, and Knight

     Date Introduced: January 19, 2023

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-18.9-17 of the General Laws in Chapter 23-18.9 entitled "Refuse

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Disposal" is hereby amended to read as follows:

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     23-18.9-17. Food waste ban.

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

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

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

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digestion facility or by another authorized recycling method if:

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

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four (104) 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)

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

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to accept such material.

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

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

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authorized composting facility or anaerobic digestion facility or by another authorized recycling

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method if:

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

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organic-waste material; and

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

 

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

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to accept such material.

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

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

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

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

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entity’s location.

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     (d) On and after January 1, 2023, each educational entity (as defined in § 16-110-1) shall

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ensure that the organic-waste materials that are generated by the educational entity are recycled at

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

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method if:

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     (1) The educational entity generates not less than thirty (30) tons per year of organic-waste

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material; and

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     (2) The educational entity is located not more than fifteen (15) miles from an authorized

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composting facility or anaerobic digestion facility with available capacity to accept such material.

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     (e) On and after January 1, 2024, each covered entity shall ensure that the organic-waste

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materials that are generated by the covered entity are recycled at an authorized composting facility

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or anaerobic digestion facility or by another authorized recycling method if:

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     (1) The covered entity generates not less than fifty-two (52) tons per year of organic-waste

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material; and

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     (2) The covered entity is located not more than thirty (30) miles from an authorized

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composting facility or anaerobic digestion facility with available capacity to accept such material.

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     (f) On and after January 1, 2025, each covered entity shall ensure that the organic-waste

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materials that are generated by the covered entity are recycled at an authorized composting facility

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or anaerobic digestion facility or by another authorized recycling method if:

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     (1) The covered entity generates not less than twenty-six (26) tons per year of organic-

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waste material; and

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     (2) The covered entity is located not more than thirty (30) miles from an authorized

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composting facility or anaerobic digestion facility with available capacity to accept such material.

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     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 - REFUSE DISPOSAL - FOOD WASTE BAN

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     This act would require a covered entity generating organic waste materials of more than

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fifty-two (52) tons per year and located less than thirty (30) miles from an authorized composting

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facility or anaerobic digestion facility to recycle the waste at that facility beginning January 1, 2024.

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Effective January 1, 2025, the annual tonnage drops to more than twenty-six (26) tons per year.

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     This act would take effect upon passage.

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