Chapter 344
2021 -- H 5328 SUBSTITUTE A
Enacted 07/12/2021

A N   A C T
RELATING TO EDUCATION -- SCHOOL WASTE RECYCLING AND REFUSE DISPOSAL

Introduced By: Representatives Carson, Cortvriend, Speakman, Fogarty, Ruggiero, Caldwell, Donovan, Alzate, and Barros

Date Introduced: February 03, 2021

It is enacted by the General Assembly as follows:
     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by
adding thereto the following chapter:
CHAPTER 110 111
SCHOOL WASTE RECYCLING AND REFUSE DISPOSAL
     16-110-1 16-111-1. Definitions.
     As used in this chapter.
     (1) "Educational entity" or "educational entities" means all Rhode Island school districts,
including a single school district, regional school district, multiple school districts, any public or
private school grades kindergarten through twelve (K-12), any charter public school, or any career
and technical high school.
     (2) "Waste audit" means an analysis of a facility's waste stream. The audit can identify
what types of recyclable materials and waste a facility generates,; how much of each category is
recovered for recycling or discarded,; and what materials can be composted.
     16-110-2 16-111-2. Waste audit/report.
     (a) On or after January 1, 2022, and every three (3) years thereafter, every educational
entity shall coordinate and cooperate with the Rhode Island resource recovery corporation (RIRRC)
for the purpose of conducting school waste audits. These audits shall produce waste management
reports which that shall be collected, maintained, and delivered to the educational entity. Such The
waste audits shall be performed at every educational entity.
     (b) Waste audits and any reports required herein shall include guidelines and strategies on
reducing waste for each educational entity to incorporate into their its food waste reduction and
recycling programs in an effort to eliminate food waste, promote recycling, and provide food to
local communities.
     (c) Educational entities, using the guidelines and strategies pursuant to subsection (b) of
this section, shall design and implement a waste collection system in accordance with applicable
state law for the diversion of items including, but not limited to, paper, books, furniture, computers,
office supplies, plastic, glass, cardboard, and surplus foods.
     (d) Notwithstanding any other provision of law, any waste audit conducted pursuant to this
section shall be provided free of charge by the RIRRC.
     16-110-3 16-111-3. Food service and refuse disposal.
     It shall be the policy of the state, the department of education, and any educational entity
to require that any request for proposal (RFP) to select a food service company (vendor) to provide
food services to an educational entity shall include, as part of its proposal, assurances that the
vendor is in compliance with all laws relative to recycling and composting pursuant to chapter 18.9
of title 23; provided that, food waste is separated for diversion within that educational entity.
     16-110-4 16-111-4. Food service – Local sources preferred.
     It shall be the policy of the state, the department of education, and any educational entity
to encourage that any request for proposal (RFP) to a food service company (vendor) to provide
food services to an educational entity encourage the use of a vendor that purchases ten percent
(10%) of the required food service product from a Rhode Island-based food service company. In
addition, it shall also be the policy of the state, the department of education, and any educational
entity, to encourage the use of vendors who recycle organic-waste materials at an authorized
composting facility, an anaerobic digestion facility, or by another authorized recycling method,
regardless of whether the entity purchasing the services is or is not an educational entity, or a
covered entity or a covered educational institution pursuant to the provisions of § 23-18.9-7.
     16-110-5 16-111-5. Food donations by food service companies.
     (a) It shall be the policy of the state, the department of education, and any educational entity
to require that any request for proposal (RFP) to select a food service company (vendor) to provide
food services to an educational entity shall require the vendor to donate any unserved nonperishable
or unspoiled perishable food to local food banks or the Rhode Island Food Bank in accordance with
the recommendations from the Rhode Island department of health "The Road to End Hunger"
initiative.
     (b) Vendors required to donate nonperishable and unspoiled perishable food to local food
banks or the Rhode Island Food Bank shall initially make arrangements for the provision
accommodations necessary to carry out the provisions of this section.
     (c) Except for injury resulting from gross negligence or intentional misconduct in the
preparation or handling of donated food, no educational entity, person, or vendor who or that
donates food that is fit for human consumption at the time it was donated, as required by subsection
(a) of this section, shall be liable for any damage or injury resulting from the consumption of the
donated food.
     (d) The immunity from civil liability provided by this section applies regardless of
compliance with any laws, regulations, or ordinances regulating the packaging or labeling of food,
and regardless of compliance with any laws, regulations, or ordinances regulating the storage or
handling of the food by the donee after the donation of the food. The donation of nonperishable
food that is fit for human consumption but that has exceeded the labeled shelf life date
recommended by the manufacturer is protected pursuant to this section. The donation of perishable
food that is fit for human consumption but that has exceeded the labeled shelf life date
recommended by the manufacturer is protected pursuant to this section if the person that who
distributes the food to the end recipient makes a good faith evaluation that the food to be donated
is wholesome.
     (e) The local food bank or Rhode Island Food Bank that, in good faith, receives and
distributes food without charge, pursuant to subsection (a) of this section, that is fit for human
consumption at the time it was distributed is not liable for any injury or death due to the food unless
the injury or death is a direct result of the gross negligence or intentional misconduct of the
organization.
     16-110-6 16-111-6. Expiration dates.
     An educational entity, person, or vendor who or that donates food as permitted by law shall
not be subject to civil or criminal liability or penalty for any violation of any laws, regulations, or
ordinances regulating the labeling or packaging of the donated product or, with respect to any other
laws, regulations, or ordinances, for a violation occurring after the time of donation. The donation
of nonperishable food that is fit for human consumption but that has exceeded the labeled shelf life
date recommended by the manufacturer is protected, pursuant to this section, if the entity, person,
or vendor who or that distributes the food to the end recipient makes a good faith evaluation that
the food to be donated is wholesome.
     16-110-7 16-111-7. Rules and regulations.
     The commissioner is hereby authorized to promulgate whatever rules and regulations may
be required to implement this chapter and shall annually provide notice to all educational entities
of the department's school waste disposal and refuse disposal policies.
     SECTION 2. 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 such term is 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.
     SECTION 3. This act shall take effect on September 1, 2021.
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LC000195/SUB A/3
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