2023 -- H 5471

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LC001265

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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 PUBLIC PROPERTY AND WORKS -- STATE PURCHASES

     

     Introduced By: Representatives Boylan, Carson, Ajello, Spears, McGaw, Speakman,
Kislak, Knight, McEntee, and Cortvriend

     Date Introduced: February 08, 2023

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 37-2 of the General Laws entitled "State Purchases" is hereby

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amended by adding thereto the following sections:

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     37-2-82. State purchasing ban on plastic bottles, bags and polystyrene.

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     (a) State funds shall not be used to purchase single-serving bottled water for use in facilities

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that are served by public water supplies or potable well water, except when required for safety,

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health or emergency situations.

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     (b) State funds shall not be used to purchase single-use plastic checkout bags or expanded

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polystyrene, except when required for safety, health or emergency situations.

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     (c) State governmental entities shall be prohibited from entering into a contract with:

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     (1) A food service provider that provides and/or makes available single-use plastic

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checkout bags; or

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     (2) A food service provider that provides food in single service articles that consist of

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expanded polystyrene.

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     (d)(1) For purposes of this section, "single-use plastic checkout bag" means a carryout bag

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that is provided to the consumer at the point of sale for the purpose of transporting food, groceries

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or other retail goods, and is made from compostable or non-compostable plastic and not specifically

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designed and manufactured for multiple re-use. The term "single-use plastic checkout bag" does

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not include the following types of bag:

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     (i) Bags used by consumers inside a business to package loose items, such as fruits,

 

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vegetables, nuts, ground coffee, grains, candies or small hardware items; or

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     (ii) Bags used to contain or wrap frozen foods, meat or fish, flowers or potted plants, or

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other items to contain dampness or prevent contamination of other goods.

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     (2) For purposes of this section, "expanded polystyrene" means polystyrene that has been

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expanded into a solid foam. Expanded polystyrene does not include expanded polystyrene

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containers used for prepackaged food that have been filled and sealed prior to receipt by the food

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service establishment, mobile food commissary or store; or expanded polystyrene containers used

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to store raw meat, pork, fish, seafood or poultry sold from a butcher case or similar retail

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establishment.

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     37-2-83. State purchasing -- Alternative fueled vehicles.

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     (a) State funds shall be used to lease or purchase alternative fueled vehicles and electric

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vehicle infrastructure for use by state agencies.

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     (b)(1) For purposes of this section, "alternative fueled vehicles" means a vehicle that uses

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one or more electric motors for propulsion. Alternative fueled vehicles include light and medium

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duty passenger vehicles, light and heavy-duty vehicles, buses, emergency vehicles, bicycles, and

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scooters. Alternative fueled vehicles do not include hybrid electric vehicles or HEVs that require

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use of an internal combustion engine and emit carbon emissions.

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     (2) For the purposes of this section, "electric vehicle infrastructure" means structures,

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machinery, and equipment necessary and integral to support an electric vehicle, including battery

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charging stations, rapid charging stations, and battery exchange stations.

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     (c) If a combustion engine vehicle cannot be replaced with an electric vehicle due to limited

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supply or inadequate replacement, the state may lease or purchase a hybrid vehicle until a time

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when a comparable vehicle is available.

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     37-2-84. State purchasing -- Renewable energy and efficient technologies.

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     (a) State funds shall be used to purchase renewable and energy efficient technologies for

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use on state properties to improve existing infrastructure, reduce energy consumption and

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greenhouse gas emissions.

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     (b) For the purpose of this section, "renewable energy technologies" means any system that

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collects energy from renewable resources such as sunlight, wind, waves, and geothermal heat.

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"Energy efficiency technologies" means technology certified as energy efficient, which uses less

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energy and reduces pollution. Renewable energy systems and efficient technologies may be located

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on or within the physical structure of a state owned building or located on state owned property.

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     (c) The state shall install renewable energy and efficient technologies in new buildings or

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during the renovation or repairing of an existing state property. For new and existing structures

 

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energy efficient systems may include air conditioning systems, ventilation systems, heating

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systems, domestic hot water heating systems, compressed air systems, distribution systems,

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lighting systems, power systems, and controls of the building.

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     37-2-85 State purchasing -- Recycling in state buildings.

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     (a) State funds shall be used to purchase recycling bins for all state buildings to ensure

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proper disposal of recyclable items. For any state facility with a cafeteria, state purchasing shall

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require the use of biodegradable and compostable materials. Cafeterias shall provide biodegradable

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or compostable utensils, straws, cups, plates, and napkins by January 1, 2024. No plastic plates,

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cutlery, or drinkware shall be offered after January 1, 2024.

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     (b) To reduce the amount of waste entering our state landfill, state funds shall be used to

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lease or purchase compostable bins for state facilities, along with contracting with a compost

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disposal service.

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     (c) For the purposes of this section, "compostable materials" means an organic material

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that has the potential to be composted and not co-mingled or contaminated by significant amounts

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of toxic substances. Compostable material includes leaves, twigs, dead flowers, straw, corn stalks,

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shredded cardboard and paper, paper towels and napkins, vacuum cleaner bag contents, dryer lint,

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untreated wood chips and saw dust, vegetable and fruit scraps, spoiled vegetables and fruits,

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eggshells, coffee grounds and filters, tea bags, grass clippings, and fresh plant and yard trimmings.

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     (d) The state shall require all agencies to implement a recycling and compost program no

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later than January l, 2025.

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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 PUBLIC PROPERTY AND WORKS -- STATE PURCHASES

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     This act would ban state purchases of plastic bottles, bags and polystyrene. It would also

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require state funds to be used to lease or purchase alternative fueled vehicles and renewable energy

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efficient technologies for use on state property.

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     This act would take effect upon passage.

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