Chapter 420
2008 -- S 2771
SUBSTITUTE A
Enacted 07/08/08
A N A C T
RELATING
TO HEALTH AND SAFETY - PLASTIC BOTTLE AND CONTAINER
LABELING
ACT
Introduced
By: Senators Paiva-Weed, Sosnowski, Gibbs, Bates, and Gallo
Date
Introduced: February 27, 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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LC02167/SUB A
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