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:

     SECTION 1. 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

     (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, 2023, each educational entity (as defined in § 16-110-1) shall

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

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

method if:

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

material; and

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

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

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

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

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

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

material; and

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

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

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

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

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

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

waste material; and

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

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

     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

***

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

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

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

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

     This act would take effect upon passage.

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LC000198

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