2022 -- S 2581 | |
======== | |
LC005296 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
____________ | |
A N A C T | |
RELATING TO HEALTH AND SAFETY -- ORGANIC WASTE RECYCLING | |
| |
Introduced By: Senators Calkin, Anderson, Mendes, Bell, and Mack | |
Date Introduced: March 10, 2022 | |
Referred To: Senate Environment & Agriculture | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby |
2 | amended by adding thereto the following chapter: |
3 | CHAPTER 18.18 |
4 | ORGANIC WASTE RECYCLING |
5 | 23-18.18-1. Legislative findings. |
6 | (a) The general assembly finds and declares all of the following: |
7 | (1) Short-lived climate pollutants, such as black carbon, fluorinated gases, and methane, |
8 | are powerful climate forcers that have a dramatic and detrimental effect on air quality, public health, |
9 | and climate change. |
10 | (2) These pollutants create a warming influence on the climate that is many times more |
11 | potent than that of carbon dioxide. |
12 | (3) Short-lived climate pollutants that are toxic air contaminants also are a significant |
13 | environmental risk factor for premature death. |
14 | (4) Reducing emissions of these pollutants can have an immediate beneficial impact on |
15 | climate change and on public health. |
16 | (5) To the extent possible, efforts to reduce emissions of short-lived climate pollutants |
17 | should focus on areas of the state that are disproportionately affected by poor air quality. |
18 | (b) It is the intent of the general assembly to support the adoption of policies that improve |
19 | organics recycling and innovative, cost effective, and environmentally beneficial uses of |
| |
1 | biomethane derived from solid waste facilities. |
2 | 23-18.18-2. Definitions. |
3 | As used in this chapter: |
4 | (1) “Commission” means the public utilities commission. |
5 | (2) “Department” means the department of environmental management. |
6 | (3) “Office” means the state office of energy resources. |
7 | (4) “Strategy” means the strategy to reduce short-lived climate pollutants developed |
8 | pursuant to § 23-18.18-3. |
9 | 23-18.18-3. Short-lived climate pollutant strategy. |
10 | (a) No later than January 1, 2024, the department of environmental management shall |
11 | approve and begin implementing the comprehensive short-lived climate pollutant strategy |
12 | developed pursuant to this section and § 23-18.18-4 to achieve a reduction in the statewide |
13 | emissions of methane by forty percent (40%), hydrofluorocarbon gases by forty percent (40%), and |
14 | anthropogenic black carbon by fifty percent (50%) below 2022 levels by 2030. |
15 | (b) Prior to approving the short-lived climate pollutant strategy pursuant to subsection (a) |
16 | of this section, the department shall do all of the following: |
17 | (1) Coordinate with other state and local agencies and districts to develop measures |
18 | identified as part of the strategy. |
19 | (2) Provide a forum for public engagement by holding at least three (3) public hearings in |
20 | geographically diverse locations throughout the state. |
21 | (3) Evaluate the best-available scientific, technological, and economic information to |
22 | ensure that the strategy is cost effective and technologically feasible. |
23 | (4) Incorporate and prioritize, as appropriate, measures and actions that provide the |
24 | following co-benefits: |
25 | (i) Job growth and local economic benefits in the state. |
26 | (ii) Public health benefits. |
27 | (iii) Potential for new innovation in technology, energy, and resource management |
28 | practices. |
29 | (c) The department of environmental management shall publicly notice the strategy |
30 | described in subsection (a) of this section and post a copy of that strategy on the state board’s |
31 | Internet website at least one month prior to the department of environmental management |
32 | approving the strategy pursuant to subsection (a) of this section. |
33 | 23-18.18-4. Methane emissions reduction goals. |
34 | (a) Consistent with § 23-18.18-3, methane emissions reduction goals shall include the |
| LC005296 - Page 2 of 6 |
1 | following targets to reduce the landfill disposal of organics: |
2 | (1) A fifty percent (50%) reduction in the level of the statewide disposal of organic waste |
3 | from the 2022 level by 2030. |
4 | (2) A seventy-five (75%) percent reduction in the level of the statewide disposal of organic |
5 | waste from the 2022 level by 2030. |
6 | (b) Except as provided herein, the department shall not adopt, prior to January 1, 2025, |
7 | requirements to control methane emissions associated with the disposal of organic waste in landfills |
8 | other than through landfill methane emissions control regulations. |
9 | 23-18.18-5. Dairy and livestock. |
10 | (a) No later than July 1, 2024, the department, shall analyze the progress the dairy and |
11 | livestock sector has made in achieving the goals identified in the strategy and specified herein. The |
12 | analysis shall determine if sufficient progress has been made to overcome technical and market |
13 | barriers, as identified in the strategy. If the analysis determines that progress has not been made in |
14 | meeting the targets due to insufficient funding or technical or market barriers, the department and |
15 | upon consultation with stakeholders, may reduce the goal in the strategy for the dairy and livestock |
16 | sectors, as identified herein |
17 | (b) No later than January 1, 2024, the department, in consultation with the commission and |
18 | the office of energy resources, shall establish energy infrastructure development and procurement |
19 | policies needed to encourage dairy biomethane projects to meet the goal identified pursuant to this |
20 | chapter. |
21 | (c) The department shall develop a pilot financial mechanism to reduce the economic |
22 | uncertainty associated with the value of environmental credits from dairy-related projects |
23 | producing low-carbon transportation fuels. The department shall make recommendations to the |
24 | legislature for expanding this mechanism to other sources of biogas. |
25 | (d) No later than January 1, 2024, the commission, in consultation with the department and |
26 | the office, shall direct gas corporations to implement not less than five (5) dairy biomethane pilot |
27 | projects to demonstrate interconnection to the common carrier pipeline system. For the purposes |
28 | of these pilot projects, gas corporations may recover in rates the reasonable cost of pipeline |
29 | infrastructure developed pursuant to the pilot projects. |
30 | (e) Enteric emissions reductions shall be achieved only through incentive-based |
31 | mechanisms until the department determines that a cost-effective, alternative is available |
32 | considering the impact on animal productivity, and scientifically proven method of reducing enteric |
33 | emissions is available and that adoption of the enteric emissions reduction method would not |
34 | damage animal health, public health, or consumer acceptance. Voluntary enteric emissions |
| LC005296 - Page 3 of 6 |
1 | reductions may be used toward satisfying the goals of this chapter. |
2 | (f) Except as provided in this section, the department shall not adopt methane emissions |
3 | reduction regulations controlling the emissions of methane from dairy operations or livestock |
4 | operations to achieve greenhouse gas emissions reduction goals established pursuant to chapter 6.2 |
5 | of title 42 ("act on climate"). |
6 | (g) Nothing in this section shall limit the authority of the department to acquire planning |
7 | and baseline information, including requiring the monitoring and reporting of emissions. |
8 | (h) This section does not in any way affect the departments' authority to regulate emissions |
9 | of criteria pollutants, toxic air contaminants, or other pollutants. |
10 | 23-18.18-6. Goals. |
11 | (a) The department shall adopt regulations to achieve the organic waste reduction goals for |
12 | 2024 and 2030. The regulations shall comply with all of the following: |
13 | (1) May require local jurisdictions to impose requirements on generators or other relevant |
14 | entities within their jurisdiction and may authorize local jurisdictions to impose penalties on |
15 | generators for noncompliance. |
16 | (2) Shall include requirements intended to meet the goal that not less than twenty percent |
17 | (20%) of edible food that is currently disposed of is recovered for human consumption by 2030. |
18 | (3) Shall not establish a numeric organic waste disposal limit for individual landfills. |
19 | (4) May include different levels of requirements for local jurisdictions and phased timelines |
20 | based upon their progress in meeting the organic waste reduction goals for 2024 and 2030. The |
21 | department shall base its determination of progress on relevant factors, including, but not limited |
22 | to, reviews conducted, the amount of organic waste disposed compared to the 2014 level, per capita |
23 | disposal rates, and other relevant information provided by a jurisdiction. |
24 | (5) May include penalties to be imposed by the department for noncompliance. If penalties |
25 | are included, they shall not exceed the amount authorized. |
26 | (6) Shall take effect on or after January 1, 2024, except the imposition of penalties shall |
27 | not take effect until two (2) years after the effective date of the regulations. |
28 | (b) A local jurisdiction may charge and collect fees to recover the local jurisdiction’s costs |
29 | incurred in complying with the regulations adopted pursuant to this section. |
30 | 23-18.18-7. Infrastructure development. |
31 | (a) No later than July 1, 2024, the department shall analyze the progress that the waste |
32 | sector, state government, and local governments have made in achieving the organic waste |
33 | reduction goals for 2024 and 2030. The analysis shall include all of the following: |
34 | (1) The status of new organics recycling infrastructure development, including the |
| LC005296 - Page 4 of 6 |
1 | commitment of state funding and appropriate rate increases for solid waste and recycling services |
2 | to support infrastructure expansion. |
3 | (2) The progress in reducing regulatory barriers to the siting of organics recycling facilities |
4 | and the timing and effectiveness of policies that will facilitate the permitting of organics recycling |
5 | infrastructure. |
6 | (3) The status of markets for the products generated by organics recycling facilities, |
7 | including cost-effective electrical interconnection and common carrier pipeline injection of digester |
8 | biomethane and the status of markets for compost, biomethane, and other products from the |
9 | recycling of organic waste. |
10 | (b) If the department determines that significant progress has not been made on the items |
11 | analyzed pursuant to this chapter the department may include incentives or additional requirements |
12 | in the regulations facilitate progress towards achieving the organic waste reduction goals for 2024 |
13 | and 2030. The department may, upon consultation with stakeholders, recommend to the general |
14 | assembly revisions to those organic waste reduction goals. |
15 | 23-18.18-8. Local authority. |
16 | This chapter shall not limit the authority of a local jurisdiction to adopt, implement, or |
17 | enforce requirements in addition to those set forth in the regulations adopted pursuant to this |
18 | chapter. |
19 | SECTION 2. This act shall take effect upon passage. |
======== | |
LC005296 | |
======== | |
| LC005296 - Page 5 of 6 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO HEALTH AND SAFETY -- ORGANIC WASTE RECYCLING | |
*** | |
1 | This act would require the department of environmental management, no later than January |
2 | 1, 2024, to approve and begin implementing that comprehensive strategy to reduce emissions of |
3 | short-lived climate pollutants to achieve a reduction in methane by forty percent (40%), |
4 | hydrofluorocarbon gases by forty percent (40%), and anthropogenic black carbon by fifty percent |
5 | (50%) below 2022 levels by 2030, as specified. The bill also would establish specified targets for |
6 | reducing organic waste in landfills. |
7 | This act would take effect upon passage. |
======== | |
LC005296 | |
======== | |
| LC005296 - Page 6 of 6 |