2023 -- H 5471

========

LC001265

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

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:

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

amended by adding thereto the following sections:

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

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

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

health or emergency situations.

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

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

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

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

checkout bags; or

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

expanded polystyrene.

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

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

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

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

not include the following types of bag:

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

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

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

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

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

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

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

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

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

establishment.

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

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

vehicle infrastructure for use by state agencies.

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

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

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

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

use of an internal combustion engine and emit carbon emissions.

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

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

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

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

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

when a comparable vehicle is available.

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

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

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

greenhouse gas emissions.

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

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

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

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

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

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

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

LC001265 - Page 2 of 4

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

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

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

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

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

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

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

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

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

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

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

disposal service.

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

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

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

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

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

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

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

later than January l, 2025.

     SECTION 2. This act shall take effect upon passage.

========

LC001265

========

LC001265 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- STATE PURCHASES

***

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

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

efficient technologies for use on state property.

     This act would take effect upon passage.

========

LC001265

========

LC001265 - Page 4 of 4