2021 -- S 0104 SUBSTITUTE A | |
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LC000765/SUB A | |
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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 | |
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Introduced By: Senators Valverde, Lawson, Anderson, Bell, and Cano | |
Date Introduced: January 26, 2021 | |
Referred To: Senate Environment & Agriculture | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by |
2 | adding thereto the following chapter: |
3 | CHAPTER 110 |
4 | SCHOOL WASTE RECYCLING AND REFUSE DISPOSAL |
5 | 16-110-1. Definitions. |
6 | As used in this chapter. |
7 | (1) "Educational entity" or "educational entities" means all Rhode Island school districts, |
8 | including a single school district, regional school district, multiple school districts, any public or |
9 | private school grades kindergarten through twelve (K-12), any charter public school, or any career |
10 | and technical high school. |
11 | (2) "Waste audit" means an analysis of a facility's waste stream. The audit can identify |
12 | what types of recyclable materials and waste a facility generates, how much of each category is |
13 | recovered for recycling or discarded, and what materials can be composted. |
14 | 16-110-2. Waste audit/report. |
15 | (a) On or after January 1, 2022, and every three (3) years thereafter, every educational |
16 | entity shall coordinate and cooperate with the Rhode Island resource recovery corporation (RIRRC) |
17 | for the purpose of conducting school waste audits. These audits shall produce waste management |
18 | reports which shall be collected, maintained, and delivered to the educational entity. Such waste |
19 | audits shall be performed at every educational entity. |
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1 | (b) Waste audits and any reports required herein shall include guidelines and strategies on |
2 | reducing waste for each educational entity to incorporate into their food waste reduction and |
3 | recycling programs in an effort to eliminate food waste, promote recycling, and provide food to |
4 | local communities. |
5 | (c) Educational entities, using the guidelines and strategies pursuant to subsection (b) of |
6 | this section, shall design and implement a waste collection system in accordance with applicable |
7 | state law for the diversion of items including, but not limited to, paper, books, furniture, computers, |
8 | office supplies, plastic, glass, cardboard and surplus foods. |
9 | (d) Notwithstanding any other provision of law, any waste audit conducted pursuant to this |
10 | section shall be provided free of charge by the RIRRC. |
11 | 16-110-3. Food service and refuse disposal. |
12 | It shall be the policy of the state, the department of education and any educational entity to |
13 | require that any request for proposal (RFP) to select a food service company (vendor) to provide |
14 | food services to an educational entity shall include, as part of its proposal, assurances that the |
15 | vendor is in compliance with all laws relative to recycling and composting pursuant to chapter 18.9 |
16 | of title 23; provided that, food waste is separated for diversion within that educational entity. |
17 | 16-110-4. Food service – Local sources preferred. |
18 | It shall be the policy of the state, the department of education and any educational entity to |
19 | encourage that any request for proposal (RFP) to a food service company (vendor) to provide food |
20 | services to an educational entity encourage the use of a vendor that purchases ten percent (10%) of |
21 | the required food service product from a Rhode Island-based food service company. In addition, it |
22 | shall also be the policy of the state, the department of education, and any educational entity, to |
23 | encourage the use of vendors who recycle organic-waste materials at an authorized composting |
24 | facility, an anaerobic digestion facility, or by another authorized recycling method, regardless of |
25 | whether the entity purchasing the services is or is not an educational entity, or a covered entity or |
26 | a covered educational institution pursuant to the provisions of § 23-18.9-7. |
27 | 16-110-5. Food donations by food service companies. |
28 | (a) It shall be the policy of the state, the department of education and any educational entity |
29 | to require that any request for proposal (RFP) to select a food service company (vendor) to provide |
30 | food services to an educational entity shall require the vendor to donate any unserved nonperishable |
31 | or unspoiled perishable food to local food banks or the Rhode Island Food Bank in accordance with |
32 | the recommendations from the Rhode Island department of health "The Road to End Hunger" |
33 | initiative. |
34 | (b) Vendors required to donate nonperishable and unspoiled perishable food to local food |
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1 | banks or the Rhode Island Food Bank shall initially make arrangements for the provision |
2 | accommodations necessary to carry out the provisions of this section. |
3 | (c) Except for injury resulting from gross negligence or intentional misconduct in the |
4 | preparation or handling of donated food, no educational entity, person or vendor that donates food |
5 | that is fit for human consumption at the time it was donated, as required by subsection (a) of this |
6 | section, shall be liable for any damage or injury resulting from the consumption of the donated |
7 | food. |
8 | (d) The immunity from civil liability provided by this section applies regardless of |
9 | compliance with any laws, regulations, or ordinances regulating the packaging or labeling of food, |
10 | and regardless of compliance with any laws, regulations, or ordinances regulating the storage or |
11 | handling of the food by the donee after the donation of the food. The donation of nonperishable |
12 | food that is fit for human consumption but that has exceeded the labeled shelf life date |
13 | recommended by the manufacturer is protected pursuant to this section. The donation of perishable |
14 | food that is fit for human consumption but that has exceeded the labeled shelf life date |
15 | recommended by the manufacturer is protected pursuant to this section if the person that distributes |
16 | the food to the end recipient makes a good faith evaluation that the food to be donated is |
17 | wholesome. |
18 | (e) The local food bank or Rhode Island Food Bank that, in good faith, receives and |
19 | distributes food without charge, pursuant to subsection (a) of this section, that is fit for human |
20 | consumption at the time it was distributed is not liable for any injury or death due to the food unless |
21 | the injury or death is a direct result of the gross negligence or intentional misconduct of the |
22 | organization. |
23 | 16-110-6. Expiration dates. |
24 | An educational entity, person, or vendor that donates food as permitted by law shall not be |
25 | subject to civil or criminal liability or penalty for any violation of any laws, regulations, or |
26 | ordinances regulating the labeling or packaging of the donated product or, with respect to any other |
27 | laws, regulations, or ordinances, for a violation occurring after the time of donation. The donation |
28 | of nonperishable food that is fit for human consumption but that has exceeded the labeled shelf life |
29 | date recommended by the manufacturer is protected, pursuant to this section, if the entity, person |
30 | or vendor that distributes the food to the end recipient makes a good faith evaluation that the food |
31 | to be donated is wholesome. |
32 | 16-110-7. Rules and regulations. |
33 | The commissioner is hereby authorized to promulgate whatever rules and regulations may |
34 | be required to implement this chapter and shall annually provide notice to all educational entities |
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1 | of the department's school waste disposal and refuse disposal policies. |
2 | SECTION 2. Section 23-18.9-17 of the General Laws in Chapter 23-18.9 entitled "Refuse |
3 | Disposal" is hereby amended to read as follows: |
4 | 23-18.9-17. Food waste ban. |
5 | (a) On and after January 1, 2016, each covered entity and each covered educational |
6 | institution shall ensure that the organic-waste materials that are generated by the covered entity or |
7 | at the covered educational facility are recycled at an authorized, composting facility or anaerobic |
8 | digestion facility or by another authorized recycling method if: |
9 | (1) The covered entity or covered educational facility generates not less than one hundred |
10 | four (104) tons per year of organic-waste material; and |
11 | (2) The covered entity or covered educational facility is located not more than fifteen (15) |
12 | miles from an authorized composting facility or anaerobic digestion facility with available capacity |
13 | to accept such material. |
14 | (b) On and after January 1, 2018, each covered educational institution shall ensure that the |
15 | organic-waste materials that are generated at the covered educational facility are recycled at an |
16 | authorized, composting facility or anaerobic digestion facility or by another authorized recycling |
17 | method if: |
18 | (1) The covered educational facility generates not less than fifty-two (52) tons per year of |
19 | organic-waste material; and |
20 | (2) The covered entity or covered educational facility is located not more than fifteen (15) |
21 | miles from an authorized, composting facility or anaerobic digestion facility with available capacity |
22 | to accept such material. |
23 | (c) The director shall grant a waiver of the requirements of subsections (a) and (b) upon a |
24 | showing that the tipping fee charged by the Rhode Island resource recovery corporation for non- |
25 | contract commercial sector waste is less than the fee charged for organic-waste material by each |
26 | composting facility or anaerobic digestion facility located within fifteen (15) miles of the covered |
27 | entity's location. |
28 | (d) On and after January 1, 2023, each educational entity (as such term is defined in § 16- |
29 | 110-1) shall ensure that the organic-waste materials that are generated by the educational entity are |
30 | recycled at an authorized, composting facility or anaerobic digestion facility or by another |
31 | authorized recycling method if: |
32 | (1) The educational entity generates not less than thirty (30) tons per year of organic-waste |
33 | material; and |
34 | (2) The educational entity is located not more than fifteen (15) miles from an authorized, |
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1 | composting facility or anaerobic digestion facility with available capacity to accept such material. |
2 | SECTION 3. This act shall take effect on September 1, 2021. |
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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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1 | This act would require schools to comply with composting and recycling laws, would |
2 | promote the donation of unspoiled nonperishable food by schools, would promote the selection of |
3 | local food service companies for school food service contracts and the selection of vendors who |
4 | recycle organic-waste at appropriate facilities. |
5 | This act would take effect on September 1, 2021. |
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