2018 -- H 7699 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

____________

A N   A C T

RELATING TO EDUCATION -- SCHOOL WASTE RECYCLING AND REFUSE DISPOSAL

     Introduced By: Representatives Carson, Fogarty, Donovan, Ranglin-Vassell, and Ajello

     Date Introduced: February 28, 2018

     Referred To: House Health, Education & Welfare

     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

SCHOOL WASTE RECYCLING AND REFUSE DISPOSAL

     16-110-1. Legislative findings.

     The general assembly recognizes and declares that:

     (1) The people of the state desire to promote a clean and wholesome school environment

for our students and school staff;

     (2) A significant percentage of school waste is recyclable;

     (3) Any environmentally and economically sound solid waste management system must

incorporate recycling and all solid waste capable of being recycled should be recycled;

     (4) A sound recycling program for all covered educational entities will best be achieved

by cooperation of the Rhode Island resource recovery corporation, the department of

environmental management, the Rhode Island department of education, and the cities and towns

of the state;

     (5) Upon implementation, the program shall reduce food waste and paper waste at meal

times and throughout the school day and should be encouraged statewide.

     16-110-2. Food service and refuse disposal.

     It shall be the policy of the state, the department of education, and any school district

thereunder to require that any request for proposal (RFP) to select a food service company

(vendor) to provide food services to a single school district, regional school district or multiple

school districts 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.

     16-110-3. Food service – Local sources preferred.

     It shall be the policy of the state, the department of education and any school district

thereunder to encourage that any request for proposal (RFP) to a food service company (vendor)

to provide food services to a single school district, regional school district or multiple school

districts to 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 school district thereunder, 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 a covered entity or a covered educational institution

pursuant to the provisions of § 23-18.9-17.

     16-110-4. Food donations.

     It shall be the policy of the state, the department of education and any school district

thereunder to require that any request for proposal (RFP) to select a food service company

(vendor) to provide food services to a single school district, regional school district or multiple

school districts shall require the vendor to donate any nonperishable and/or unspoiled perishable

food to local food banks or the Rhode Island Food Bank in accordance with the department of

health regulations.

     16-110-5. Waste audit required.

     On or after January 1, 2019, and annually thereafter, every educational institution shall

coordinate with the Rhode Island resource recovery corporation (RIRRC) for the purpose of

conducting waste audits every three (3) years and which reports shall be collected and

maintained.

     16-110-6. 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 school districts

of the department's school waste disposal and refuse disposal policies.

     16-110-7. Penalties.

     Any person who violates the provisions of this chapter, or any rule or regulation, or order

issued pursuant to this chapter, shall be subject to a civil penalty of not more than twenty-five

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thousand dollars ($25,000). In the case of a continuing violation, each day's continuance of the

violation is deeded to be a separate and distinct offense.

     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, 2019, 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.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- SCHOOL WASTE RECYCLING AND REFUSE DISPOSAL

***

     This act would require schools to comply with composting and recycling laws, would

promote the donation of unspoiled nonperishable food by schools, and would promote the

selection of local food service companies for school food service contracts and the selection of

vendors who recycle organic-waste at appropriate facilities.

     This act would take effect upon passage.

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