2021 -- H 5328

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LC000195

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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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

     Referred To: House Education

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by

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adding thereto the following chapter:

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CHAPTER 110

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SCHOOL WASTE RECYCLING AND REFUSE DISPOSAL

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     16-110-1. Legislative findings.

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     The general assembly recognizes and declares that:

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

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for our students, teachers, support staff, and school district administrators;

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

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     (3) A significant percentage of Rhode Island households are suffering from food insecurity;

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     (4) Surplus food donations help feed roughly thirteen percent (13%) of Rhode Islanders

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comprising about fifty-six thousand (56,000) households;

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     (5) Food donations are provided for under Rhode Island and federal good samaritan laws

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so that businesses are protected from liability when donations are made in good faith;

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     (6) The Rhode Island department of education, Rhode Island department of health, and the

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United States Department Of Agriculture (USDA) support the recovery for donation of unopened

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commercially packaged food and whole fruits from school meals in Rhode Island;

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

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

 

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     (8) A significant amount of plastics, paper, and electronic equipment is generated as waste

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in Rhode Island Schools;

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

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

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management, the Rhode Island department of education, and the cities and towns of the state; and

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

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

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     16-110-2. Definitions.

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     As used in this chapter.

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     (1) "Educational entity" means the entire Rhode Island school district including all public

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and charter schools.

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     (2) "Share tables" means any table, station or refrigerator within a school where school

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pupils may return approved uneaten wholesome and safe food or beverage items which are then

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made available to other school pupils for consumption.

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     (3) "Waste audit" means an analysis of a facility's waste stream. The audit can identify

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what types of recyclable materials and waste a facility generates, how much of each category is

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recovered for recycling or discarded, and what materials can be composted.

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     16-110-3. Waste audit/report.

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     (a) On or after January 1, 2022, and every three (3) years thereafter, every educational

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institution, including, but not limited to, all public and private schools grades kindergarten through

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twelve (K-12), any charter public school, or any career and technical high school shall coordinate

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

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conducting school waste audits. These audits shall produce waste management reports which shall

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be collected, maintained, and delivered to all school district school boards, school district

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principals, school district facility managers, and school district superintendents. Such waste audits

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shall be performed at every kindergarten through grade twelve (K-12) public, private, charter and

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vocational school in Rhode Island.

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     (b) Waste audits and any reports required herein shall include guidelines and strategies on

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reducing waste for each school district to incorporate into their food waste reduction and recycling

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programs in an effort to eliminate food waste, promote recycling, and provide food to local

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communities.

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     (c) Educational institutions, using the guidelines and strategies pursuant to subsection (b)

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of this section, shall design and implement a waste collection system in accordance with applicable

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state law for the diversion of items including, but not limited to, paper, books, furniture, computers,

 

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office supplies, plastic, glass, cardboard and surplus foods.

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     (d) Notwithstanding any other provision of law, any waste audit conducted pursuant to this

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section shall be provided free of charge by the RIRRC.

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     16-110-4. Food service and refuse disposal.

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

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

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

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including any public or private school grades kindergarten through twelve (K-12), any charter

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public school, or any career and technical high school, shall include, as part of its proposal,

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assurances that the vendor is in compliance with all laws relative to recycling and composting

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pursuant to chapter 18.9 of title 23; provided that, food waste is separated for diversion within that

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school district.

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     16-110-5. Food service – Local sources preferred.

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

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

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

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including any public or private schools grades kindergarten through twelve (K-12), any charter

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public school, any career and technical high school to encourage the use of a vendor that purchases

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ten percent (10%) of the required food service product from a Rhode Island-based food service

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company. In addition, it shall also be the policy of the state, the department of education, and any

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school district thereunder, to encourage the use of vendors who recycle organic-waste materials at

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an authorized composting facility, an anaerobic digestion facility, or by another authorized

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recycling method, regardless of whether the entity purchasing the services is or is not a covered

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entity or a covered educational institution pursuant to the provisions of § 23-18.9-7.

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     16-110-6. Food donations by food service companies.

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

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

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

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districts including any public or private schools grades kindergarten through twelve (K-12), any

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charter public school, or any career and technical high school shall require the vendor to donate

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any unserved nonperishable or unspoiled perishable food to local food banks or the Rhode Island

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Food Bank in accordance with the recommendations from the Rhode Island department of health

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"The Road to End Hunger" initiative.

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     (b) Vendors required to donate nonperishable and unspoiled perishable food to local food

 

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banks or the Rhode Island Food Bank shall initially make arrangements for the provision

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accommodations necessary to carry out the provisions of this section.

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     (c) Except for injury resulting from gross negligence or intentional misconduct in the

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preparation or handling of donated food, no educational entity, person or vendor that donates food

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that is fit for human consumption at the time it was donated, as required by subsection (a) of this

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section, shall be liable for any damage or injury resulting from the consumption of the donated

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food.

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     (d) The immunity from civil liability provided by this section applies regardless of

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compliance with any laws, regulations, or ordinances regulating the packaging or labeling of food,

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and regardless of compliance with any laws, regulations, or ordinances regulating the storage or

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handling of the food by the donee after the donation of the food. The donation of nonperishable

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food that is fit for human consumption but that has exceeded the labeled shelf life date

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recommended by the manufacturer is protected pursuant to this section. The donation of perishable

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food that is fit for human consumption but that has exceeded the labeled shelf life date

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recommended by the manufacturer is protected pursuant to this section if the person that distributes

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the food to the end recipient makes a good faith evaluation that the food to be donated is

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wholesome.

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     (e) The local food bank or Rhode Island Food Bank that, in good faith, receives and

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distributes food without charge, pursuant to subsection (a) of this section, that is fit for human

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consumption at the time it was distributed is not liable for any injury or death due to the food unless

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the injury or death is a direct result of the gross negligence or intentional misconduct of the

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organization.

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     16-110-7. Expiration dates.

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     An educational entity, person, or vendor that donates food as permitted by law shall not be

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subject to civil or criminal liability or penalty for any violation of any laws, regulations, or

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ordinances regulating the labeling or packaging of the donated product or, with respect to any other

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laws, regulations, or ordinances, for a violation occurring after the time of donation. The donation

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of nonperishable food that is fit for human consumption but that has exceeded the labeled shelf life

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date recommended by the manufacturer is protected, pursuant to this section, if the entity, person

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or vendor that distributes the food to the end recipient makes a good faith evaluation that the food

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to be donated is wholesome.

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     16-110-8. Share tables and food donation by schools.

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

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thereunder to provide and facilitate the use of share tables for collection for donation to encourage

 

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the consumption of nutritious foods and reduce food waste. All Rhode Island school districts shall

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create and use share tables provided that the food safety requirements outlined in 7 C.F.R. 210.13,

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220.7, 226.20(1), and 225.16(a), respectively, are followed together with any applicable local and

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state health and food safety codes. Provided, further, any unused share table nonperishable or

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unspoiled perishable food items may be provided to any local food pantry, soup kitchen, the Rhode

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Island Food Bank, or nonprofit serving people in need.

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     16-110-9. Rules and regulations.

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     The commissioner is hereby authorized to promulgate whatever rules and regulations may

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be required to implement this chapter and shall annually provide notice to all school districts of the

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department's school waste disposal and refuse disposal policies.

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     SECTION 2. Section 23-18.9-17 of the General Laws in Chapter 23-18.9 entitled "Refuse

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Disposal" is hereby amended to read as follows:

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     23-18.9-17. Food waste ban.

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     (a) On and after January 1, 2016, each covered entity and each covered educational

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institution shall ensure that the organic-waste materials that are generated by the covered entity or

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at the covered educational facility are recycled at an authorized, composting facility or anaerobic

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digestion facility or by another authorized recycling method if:

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     (1) The covered entity or covered educational facility generates not less than one hundred

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four (104) tons per year of organic-waste material; and

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     (2) The covered entity or covered educational facility is located not more than fifteen (15)

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miles from an authorized composting facility or anaerobic digestion facility with available capacity

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to accept such material.

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     (b) On and after January 1, 2018, each covered educational institution shall ensure that the

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organic-waste materials that are generated at the covered educational facility are recycled at an

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authorized, composting facility or anaerobic digestion facility or by another authorized recycling

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method if:

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     (1) The covered educational facility generates not less than fifty-two (52) tons per year of

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organic-waste material; and

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     (2) The covered entity or covered educational facility is located not more than fifteen (15)

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miles from an authorized, composting facility or anaerobic digestion facility with available capacity

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to accept such material.

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     (c) The director shall grant a waiver of the requirements of subsections (a) and (b) upon a

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showing that the tipping fee charged by the Rhode Island resource recovery corporation for non-

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contract commercial sector waste is less than the fee charged for organic-waste material by each

 

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composting facility or anaerobic digestion facility located within fifteen (15) miles of the covered

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entity's location.

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     (d) On and after January 1, 2023, each covered entity and each covered educational

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institution, including, but not limited to, any public or private school shall ensure that the organic-

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waste materials that are generated by the covered entity or at the covered educational facility are

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recycled at an authorized, composting facility or anaerobic digestion facility or by another

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authorized recycling method if:

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     (1) The covered educational facility generates not less than thirty (30) tons per year of

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organic-waste material; and

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     (2) The covered entity or covered educational facility is located not more than fifteen (15)

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miles from an authorized, composting facility or anaerobic digestion facility with available capacity

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to accept such material.

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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

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

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

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

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recycle organic-waste at appropriate facilities, and would require the use of share tables at all

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schools.

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     This act would take effect upon passage.

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