Chapter
260
2008 -- H 8297 SUBSTITUTE A
Enacted 07/05/08
A N A C T
RELATING TO HEALTH
AND SAFETY - PLASTIC BOTTLE AND CONTAINER LABELING ACT
Introduced By:
Representatives Walsh, E Coderre, Rice, Handy, and Segal
Date Introduced: May 20, 2008
It is
enacted by the General Assembly as follows:
SECTION
1. Chapter 23-18.15 of the General Laws entitled "Plastic Bottle and
Container
Labeling Act" is hereby amended by adding thereto the following section:
23-18.15-4.
Rhode Island resource recovery plan. – (a) The Rhode Island resource
recovery
corporation shall create a plan that quantifies and details the impacts of a
beverage
container
deposit of $.05 on beverage containers sold in the state of Rhode Island. The
plan shall
include
but not be limited to:
(1)
Defining the beverage containers that should be included in a deposit system
including
the maximum size allowable for redemption and the types of containers that
should be
exempt
from the deposit system;
(2)
Quantifying any taxes and deposits that are already charged on beverage
containers,
as
defined in subsection (1) above, in the state and compare those charges with
beverage
container
charges in the commonwealth of Massachusetts and the state of Connecticut;
(3)
Determining the appropriate labeling requirements for beverage containers
subject to
the
deposit, provided that a Rhode Island state specific bar code not be a
requirement;
(4)
Identifying the appropriate entities to collect, redeem and transfer beverage
containers
and
deposits;
(5)
Defining the redemption methods that could be used and identifying appropriate
locations
for redemption centers including centers operated by the corporation as well as
by
businesses;
(6)
Identifying the costs to the corporation and any other entities identified in
the study
for
providing redemption services;
(7)
Recommending how unclaimed deposits could be used;
(8)
Analyzing possible impacts to municipal recycling programs; and
(9)
Recommending possible alternatives to a beverage container deposit system that
would
yield significantly increased recycling rates statewide.
(b)
The corporation shall report the findings, recommendations and a timeline for
implementation
of the plan to the general assembly and the governor no later than January 1,
2009.
SECTION
2. Section 23-18.8-2 of the General Laws in Chapter 23-18.8 entitled
"Waste
Recycling"
is hereby amended to read as follows:
23-18.8-2.
Legislative findings. -- The general assembly recognizes and declares
that:
(1) Any environmentally and economically sound solid waste management system
must
incorporate
recycling;
(2) A sound recycling program will be best achieved by cooperation of the Rhode
Island
resource
recovery corporation, the department of administration, the department of
environmental
management
and the cities and towns of the state;
(3) All solid waste capable of being recycled should be recycled, as a target,
no less than
fifteen
percent (15%) of the solid waste generated in the state should be disposed of
through
recycling;
every effort should be made to exceed this target;
(4) A recycling facility should be operational at the central landfill;
(5) Upon full implementation of the recycling program, all solid waste
management,
both
from cities and towns, and from commercial establishments, will be separated
into
recyclable
and nonrecyclable components;
(6) Recycling operations should begin at resource recovery plants upon
initiation of plant
operations;
(7) In order to develop a workable implementation schedule the department of
environmental
management should develop schedules for the entry of cities and towns into the
source
separation system;
(8) Private contractor arrangements for recovery of recyclables at the point of
origin or at
the
municipal level should be encouraged and not interfered with;
(9) Recyclable materials recovered at recycling facilities are to be made
available to
private
industry in the first instance, and where cost effective, operation of
recycling facilities
should
be by the private sector;
(10) The corporation should provide, for a period of three (3) years, the
reasonable
additional
allowable costs for implementing this program for the cities and towns;
(11) The definition of recyclable materials should be the responsibility of the
department
of environmental
management; provided, that the definition shall include, but not be limited
to,
plastic
materials that contain the plastic resins used to produce labeled (1) through
(7) with the
numbers
clearly marked on the product and contained in a triangle formed by chasing
arrows.
The
products shall be generated as part of daily, municipal, non-municipal
residential, or
commercial
activities, and the corporation shall accept these materials for recycling no
later than
January
1, 2011. Plastic resin by-products, or products produced for industrial use,
shall not be
required
to be accepted at the recycling facility, unless deemed appropriate for
processing by the
corporation.
The definition, and should be changed from time to time depending upon new
technologies,
economic conditions, waste stream characteristics, environmental effects, or
other
factors;
(12) Telephone directories, five hundred thousand (500,000) of which, at an
average
weight
of five and one-quarter (5.25) pounds, are distributed yearly in the state,
contribute
significantly
to the solid waste stream, which would be greatly reduced if directories were
printed
on
recyclable paper and bound with a binder which will not interfere with
recyclability.
SECTION
3. Section 23-19-31 of the General Laws in Chapter 23-19 entitled "Rhode
Island
Resource Recovery Corporation" is hereby amended to read as follows:
23-19-31.
Recycling facility at central landfill. -- The Rhode Island resource
recovery
corporation
shall construct a recycling facility at the state's central landfill. This
facility will
receive
separated recyclable waste as defined by the department of environmental
management;
provided,
that the definition shall include, but not be limited to, plastic materials
that contain the
plastic
resins used to produce products labeled (1) through (7) with the numbers
clearly marked
on
the product and contained in a triangle formed by chasing arrows. The products
shall be
generated
as part of daily, municipal, non-municipal residential, or commercial
activities, and the
corporation
shall accept these materials for recycling no later than January 1, 2011.
Plastic resin
by-products,
or products produced for industrial use, shall not be required to be accepted
at the
recycling
facility, unless deemed appropriate for processing by the corporation. The corporation
shall
use its reasonable efforts to market the recyclable materials to local
commercial users of the
material,
including owners/tenants located in any industrial/business park developed
pursuant to
section
23-19-35.1(c), consistent with receiving optimum prices. The corporation shall
also use
its
reasonable efforts to market finished goods made from recyclable materials to local
commercial
users of those goods, and shall offer these goods for sale through a quarterly
competitive
bid process consistent with industry practices. No bid contract shall exceed
one
calendar
year. The corporation shall provide a thirty (30) calendar day prior public
notice for any
bid
contract which would exceed one month. Neither the corporation nor any private
concern
operating
the recycling facility pursuant to sections 23-19-3(10) and 23-19-9(a)(6) shall
purchase
recyclable
materials from the facility or for processing at that facility. The corporation
will
provide
this service at no tipping cost to the cities and towns for materials
delivered to the
recycling
facility.
SECTION
4. This act shall take effect upon passage.
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LC02717/SUB A
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