Chapter 06-026
2006 -- S 2740
SUBSTITUTE A
Enacted 05/04/06
A N A C T
RELATING
TO HEALTH AND SAFETY -- RHODE ISLAND RESOURCE RECOVERY
CORPORATION
Introduced By:
Senators Lenihan, and Badeau
Date
Introduced: February 14, 2006
It is enacted by the General Assembly as
follows:
SECTION 1.
Sections 23-19-4, 23-19-6, 23-19-10, 23-19-11.1, 23-19-23 and 23-19-24 of
the General Laws in Chapter 23-19 entitled
"Rhode Island Resource Recovery Corporation" are
hereby amended to read as follows:
23-19-4.
Legislative purposes of Rhode Island Resource Recovery Corporation. --
(a)
In furtherance of these policies, it is the
intent of this legislation to create a solid waste
management corporation, as defined in this
chapter.
(b) The
corporation will prepare and implement a plan for an integrated statewide
system
of solid waste management facilities which plan
shall define the state's disposal needs and define
the manner to meet the needs in accordance with
the requirements of this chapter. Capacity,
maximizing the use of source reduction, reuse,
and recycling at public and private facilities shall
be considered when assessing state need. No
public facility shall be constructed unless need is
established pursuant to the plan. The plan shall
be reviewed and adopted as an element of the
state guide plan by the state planning council.
(c) The
facilities and services of the corporation shall be used by persons and
municipalities within the state, and the
corporation may require all persons and municipalities
therein to use the services and facilities of
the corporation under terms and conditions that the
corporation shall reasonably fix and establish.
This section shall not be construed, however, to
affect or impair any valid contract for disposal
of municipal waste in effect on March 1, 1985,
until expiration at the end of the original term
of the contract or any extension approved by the
corporation or sooner termination of the contract,
or the right of any municipality to continue the
operation of its own landfill facility which is
in use on December 1, 1986.
(d) The
corporation will make its waste management facilities available under contract
to
any municipality, institution, or person at
reasonable fees established by the corporation.
(e) Any revenues
received by the corporation through the fees it charges for the use of
facilities and services, from state subsidies,
or through the sale of the material and energy
resources recovered from the wastes it processes
in the solid waste facilities within its
jurisdiction, shall be used by the corporation
to finance its administrative costs, its contractual
costs, and other costs imposed by law, and to
discharge its indebtedness and other obligations and
to otherwise provide the financial support that
is required for the corporation to maintain financial
solvency.
(f) The
corporation shall issue a written report on the status of its source reduction
activities to the general assembly and to the
governor on an annual basis by April 15 of each year,
and from time to time as may be necessary.
23-19-6.
Creation, membership, and terms of the Rhode Island Resource Recovery
Corporation. -- (a) There is
authorized, created, and established a public corporation of the state,
having a distinct legal existence from the state
and not constituting a department of the state
government, with the politic and corporate
powers set forth in this chapter, to be known as the
Rhode Island resource recovery corporation,
("the corporation") to carry out the provisions of this
chapter. The corporation is constituted a public
instrumentality and agency exercising public and
essential governmental functions, and the exercise
by the corporation of the powers conferred by
this chapter shall be deemed and held to be the
performance of an essential governmental
function of the state.
(b) It is the
intent of the general assembly by the passage of this chapter to create and
establish a public corporation and
instrumentality and agency of the state for the purpose of the
activities authorized by this chapter, and to
vest the corporation with all powers, authority, rights,
privileges, and titles that may be necessary to
enable it to accomplish those purposes. This
chapter shall be liberally construed in
conformance with the purpose expressed in this section.
(c) (1)
The powers of the corporation shall be vested in nine (9) eight (8)
commissioners,
consisting of the director of administration, or
the director's designee, four (4) public members to
be appointed by the governor, one resident of
the town of Johnston to be appointed by the
governor, two (2) members from the house of
representatives to be appointed by the speaker of
the house, and one member from the senate to be
appointed by the president of the senate.
(2) Of the
five (5) commissioners appointed by the governor, one shall be the chief
elected officer of a city or town. Of the two
(2) commissioners appointed by the speaker of the
house, at least one shall represent a minority
party. Appointments by the governor shall require
the advice and consent of the senate. who shall be a
subordinate within the department of
administration, who shall serve as a nonvoting
ex-officio member, and seven (7) public members
to be appointed by the governor with advice and
consent of the senate, at least two (2) of whom
shall be a resident of the town of Johnston. In
making these appointments, the governor shall give
due consideration to recommendations from the
mayor of the town of Johnston and from the
League of Cities and Towns. The governor shall
also give due consideration to recommendations
from representatives of the commercial waste
haulers, and environmental advocacy organizations,
and shall consider persons experienced in the
field of recycling. Those members of the
corporation as of the effective date of this act
who were appointed to the corporation by members
of the general assembly shall cease to be
members of the corporation on the effective date of this
act, and the governor shall thereupon nominate
one new member who shall serve the balance of
the unexpired term of his or her predecessor.
Those members of the corporation as of the
effective date of this act who were appointed to
the corporation by the governor shall continue to
serve the balance of their current terms.
Thereafter, the appointments shall be made by the
governor with advice and consent of the senate
as prescribed in this section.
(d) The
governor shall appoint the five (5) public members to All public members
shall
serve staggered three (3) year terms except
as otherwise provided in subsection (c) of this section.
In the month of June each year thereafter, the
governor shall appoint the successor(s) to the
commissioners the governor has appointed whose
terms expire that year, to serve for a term of
three (3) years commencing on the first day
of July then next following day they are qualified. All
public members shall serve until their
respective successors are appointed and qualified. The
speaker of the house shall appoint two (2)
commissioners to serve until the expiration of the
balance of the legislative term that they are
serving at the time of their appointment to the board.
The president of the senate shall appoint one
commissioner to serve until the expiration of the
balance of the legislative term which the
commissioner is serving at the time of his or her
appointment to the board. The members of the
corporation shall be eligible to succeed
themselves.
(e) Any vacancy
occurring in the office of a member by death, resignation, or otherwise
shall be filled by the governor with advice
and consent of the senate in the same manner as the
original appointment for the balance of the
unexpired term of the former member as prescribed in
subsection 23-19-6 (c).
(f) The
governor shall designate a commissioner to serve as chair. Any commissioner
may be removed by the governor for misfeasance,
malfeasance, or willful neglect of duty.
Members of the corporation shall be removable by
the governor pursuant to section 36-1-7 of the
Rhode Island general laws, and removal solely
for partisan or personal reasons unrelated to
capacity or fitness for the office shall be
unlawful.
(g) The
commissioners shall annually elect from among their number a chair, vice
chair
and a treasurer, and any other officers that
they may determine. Meetings shall be held at the call
of the chair or whenever two (2) commissioners
so request. Five (5) Four (4) commissioners shall
constitute a quorum, and any action taken by the
corporation under the provisions of this chapter
may be authorized by resolution approved by a
majority, but not less than five (5) of the
commissioners present and voting at any
regular or special meeting. No vacancy in the
membership of the corporation's board of
commissioners shall impair the right of a quorum to
exercise all the rights and perform all the
duties of the corporation.
(h) Commissioners
shall receive no compensation for the performance of their duties, but
the commissioner shall be reimbursed for his or
her reasonable expenses incurred in carrying out
the duties under this chapter.
(i) The
commissioners of the corporation shall at regular intervals at least eight
(8) times
a year conduct business meetings for the purpose of
carrying out its general business. The
meetings shall be open to the public and all
records and minutes will be a matter of public record.
The corporation shall be considered a
"public body" and shall be subject to the provisions of the
Open Meetings Law, section 42-46-1 et seq.
chapter 42-46 and to the provisions of title 38
concerning public records.
(j) The
corporation shall continue until its existence is terminated by law. At that
time its
holdings and assets shall pass to and become
vested in the state.
(k) The state
shall indemnify and hold harmless every past, present, or future
commissioner, officer, or employee of the
corporation who is made a party to or is required to
testify in any action, investigation, or other
proceeding in connection with or arising out of the
performance or alleged lack of performance of
that person's duties on behalf of the corporation.
These persons shall be indemnified and held
harmless, whether they are sued individually or in
their capacities as commissioners, officers, or
employees of the corporation, for all expenses,
legal fees and/or costs incurred by them during
or resulting from the proceedings, and for any
award or judgment arising out of their service
to the corporation that is not paid by the
corporation and is sought to be enforced against
a person individually, as expenses, legal fees,
costs, awards or judgments occur. Provided,
however, that neither the state nor the corporation
shall indemnify any commissioner, officer, or
employee:
(1) For acts or
omissions not in good faith or which involve intentional misconduct or a
knowing violation of law;
(2) For any
transaction from which the member derived an improper personal benefit; or
(3) For any
malicious act.
(l) No one
shall be eligible for appointment unless he or she is a resident of the state.
23-19-10.
General powers and duties. -- The corporation shall have all of the
powers
necessary and convenient to carry out and
effectuate the purposes and provisions of this chapter,
including but without limiting the generality of
the foregoing, the power to:
(1) Sue and be
sued in its own name;
(2) Have an
official seal and alter the same at pleasure;
(3) Have
perpetual succession;
(4) Maintain an
office at a place or places within the state as it may designate;
(5) Adopt and
from time to time amend and repeal bylaws, rules, and regulations, not
inconsistent with this chapter and in a manner
substantially similar to procedures set forth in the
Administrative Procedures Act as specified in
chapter 35 of title 42, as amended, to carry into
effect the powers and purposes of the
corporation and the conduct of its business; and the bylaws,
rules, and regulations may contain provisions
indemnifying any person who is or was a
commissioner, officer, employee, or agent of the
corporation, in the manner and to the extent
provided in section 7-1.1-4.1 of the Business
Corporation Act;
(6) Elect or
appoint officers and employ a staff and fix their duties, qualifications, and
compensation;
(7) Engage the
services of consultants for rendering professional and technical assistance
and advice, and employ architects, engineers,
attorneys, accountants, construction, and financial
experts and any other advisors, consultants, and
agents that may be necessary in its judgment, and
to fix their compensation;
(8) Conduct any
hearings, examinations, and investigations that may be necessary and
appropriate to the conduct of its business and
purposes;
(9) Obtain access
to public records;
(10) Charge
reasonable fees for the services it performs and provides;
(11) Purchase,
receive, lease, or otherwise acquire, own, hold, improve, use, and
otherwise deal in and with, any project,
including real or personal property, or any interest
therein, wherever situated;
(12) Sell,
convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of
all or any part of its property and assets for consideration
and upon terms and conditions that the
corporation shall determine;
(13) Make
contracts and guarantees and incur liabilities, and borrow money at rates of
interest that the corporation may find feasible;
(14) Make and
execute agreements of lease, conditional sales contracts, installment sales
contracts, loan agreements, mortgages,
construction contracts, operation contracts, and other
contracts and instruments necessary or
convenient in the exercise of the powers and functions of
the corporation granted by this chapter, which
contracts may include provisions for arbitration of
disputes;
(15) Lend money
for its purposes, invest and reinvest its funds, and at its option take and
hold real and personal property as security for
the payment of funds so loaned or invested;
(16) Acquire or
contract to acquire, from any person, firm, corporation, municipality, the
federal government, or the state, or any agency
of either the federal government or the state, by
grant, purchase, lease, gift, or otherwise, or
obtain options for the acquisition of any property, real
or personal, improved or unimproved, and
interests in land less than the fee thereof; and own,
hold, clear, improve, develop, and rehabilitate,
and sell, assign, exchange, transfer, convey, lease,
mortgage, or otherwise dispose of or encumber
the same for the purposes of carrying out the
provisions and intent of this chapter, for
consideration that the corporation shall determine;
(17) (i) Sell,
mortgage, lease, exchange, transfer, or otherwise dispose of or encumber
any of its projects, (or in the case of a sale
to accept a purchase money mortgage in connection
with the project) or grant options for any
purposes with respect to any real or personal property or
interest therein, all of the foregoing for the
consideration that the corporation shall determine.
Any lease by the corporation to another party
may be for that part of the corporation's property,
real or personal, for a period, upon terms or conditions,
with or without an option on the part of
the lessee to purchase any or all of the leased
property for consideration, at or after the retirement
of all indebtedness incurred by the corporation
on account thereof, as the corporation shall
determine;
(ii) Without
limiting the generality of the foregoing, the corporation is expressly
empowered to lease or sell any part of the real
or personal property owned or controlled by the
corporation to the state, or any department of the
state or to any municipality. The provisions of
this section or of any other laws of this state
(other than this chapter) restricting the power of the
state, its departments or any municipality, to
lease or sell property, or requiring or prescribing
publication of notice of the intention to lease
or sell, that would in any manner interfere with the
purpose of this section, which is to provide for
the mutual cooperation by and between the
corporation and the state, its departments, or
any municipality, to the fullest extent possible, are
not applicable to leases and sales made pursuant
to this section;
(18) Manage any
project, whether then owned or leased by the corporation, and enter
into agreement with the state or any
municipality or any person, firm, partnership, or corporation,
either public or private, for the purpose of
causing any project to be managed;
(19) Make plans,
surveys, studies, and investigations necessary or desirable, in
conformity with applicable provisions of the state
guide plan as promulgated and provided for by
the state planning agency, with the
participation of the state planning council with due
consideration to local plans and other state
plans;
(20) Design or
provide for the design of the solid waste management facilities that the
corporation will construct or cause to be
constructed, as well as designs for the alteration,
reconstruction, improvement, enlargement, or
extension of the facilities;
(21) Construct or
to cause to be constructed solid waste transfer station facilities,
processing facilities, resource recovery
facilities, and ultimate disposal facilities and any other
solid waste management facilities that may be
required by the corporation for the conduct of its
activities as herein provided;
(22) Construct,
acquire, repair, develop, own, operate, maintain, extend, improve,
rehabilitate, renovate, equip, and furnish one
or more of its projects and make provision for their
management, and pay all or any part of the cost
of one or more of its projects from the proceeds
of the bonds and notes of the corporation or
from any contribution, gift, donation, or any other
funds made available to the corporation;
(23) Enter upon
lands and waters, upon giving due notice as may be necessary, to make
surveys, soundings, borings, and any other
examinations or tests as may be necessary to
accomplish the purposes of this chapter;
(24) Enter into
agreements or other transactions with and accept grants and the
cooperation of the federal government or any
instrumentality of the federal government in
furtherance of the purposes of this chapter,
including, but not limited to, the development,
maintenance, operation, and financing of any
project, and to do any and all things necessary in
order to avail itself of aid and cooperation;
(25) Receive and
accept bids or contributions from any source of money, property, labor,
or other things of value, to be held, used, and
applied to carry out the purposes of this chapter
subject to the conditions upon which the grants
and contributions may be made, including, but not
limited to, gifts or grants from any
governmental agency or instrumentality of the United States or
the state, for any purpose consistent with this
chapter;
(26) Prepare or
cause to be prepared plans, specifications, designs, and estimates of costs
for the construction, reconstruction,
rehabilitation, improvement, alteration, or repair of any of its
projects, and from time to time to modify the
plans, specifications, designs or estimates;
(27) Provide
advisory, consultative, training, and educational services, technical
assistance and advice to any person, firm,
partnership, corporation, or municipality, whether they
are public or private, in order to carry out the
purposes of this chapter;
(28) Review all
municipal plans and proposals for the construction, or installation of
solid waste management facilities;
(29) Undertake
and promote the conduct of research into source separation and source
reduction techniques, facilities, and systems
and into other solid waste management areas for any
purpose consistent with this chapter; the
corporation shall consistent with regulations of the
department of environmental management adopt a
statewide plan for separation of solid waste at
the source of generation, at collection points
or transfer stations and the corporation and the
department of environmental management shall
cooperate on the implementation of a statewide
plan. The corporation, with the assistance of
the department of environmental management, will
submit an annual report on the status of
separation of solid waste in the state;
(30) Produce
materials, fuels, energy, and by-products in any form from the processing
of solid wastes by the system, facilities, and
equipment under its jurisdiction, and to receive funds
or revenues from their sale, and to deposit the
funds or revenues in a bank or banks;
(31) Borrow money
and issue revenue bonds and notes and provide for the rights of the
holders, for any of its purposes, including,
without limitation, the purpose of providing funds to
pay all or any part of the cost of any project
and all costs incident to any project, or for the
purpose of refunding any bonds or notes issued;
(32) Subject to
the provisions of any contract with noteholders or bondholders, consent
to the modification, with respect to rate of
interest, time of payments or any installment of
principal or interest, security or any other
term of any mortgage, mortgage loan, mortgage loan
commitment, contract, or agreement of any kind
to which the corporation is a party;
(33) In
connection with the property on which it has made a mortgage loan, foreclose on
the property or commence an action to protect or
enforce any right conferred upon it by law,
mortgage, contract, or other agreement, and bid
for and purchase the property at any foreclosure
or any other sale, or acquire or take possession
of the property; and in that event the corporation
may complete, administer, pay the principal of
or interest on any obligations incurred in
connection with the property, dispose of and
otherwise deal with the property in a manner that
may be necessary or desirable to protect the
interest of the corporation;
(34) As security
for the payment of principal and interest on any bonds or notes or any
agreements made in connection therewith,
mortgage and pledge any or all of its projects and
property, whether then owned or thereafter
acquired, and pledge the revenues and receipts from
all or part thereof, and assign and pledge the
leases, sales contracts, or loan agreements or other
agreements on any portion or all of its projects
and property, and assign or pledge the income
received by virtue of the lease, sales
contracts, loan agreements, or other agreements;
(35) Invest any
funds of the corporation including funds held in reserve or sinking funds,
or any money not required for immediate use or
disbursement at the discretion of the corporation;
(36) Contract
with the federal government, other states, state agencies, and regional
authorities, as the corporation shall deem
necessary or convenient in carrying out the purposes of
this chapter;
(37) Be a
promoter, partner, member, associate, or manager of any partnership,
enterprise, or venture;
(38) Have and
exercise all powers necessary or convenient to effect its purposes;
(39) Insofar as the
provisions of this chapter are inconsistent with the common law or the
provisions of any other laws of this state,
general or special, restricting the power of any public
agency to enter into long term contracts which
exceed the term of the governing body of the
agency or its members, the provisions of this
chapter are controlling and the corporation shall be
deemed to have the power to enter into long term
contracts which extend beyond the terms of the
commissioners as may be considered necessary,
desirable, or convenient by the corporation;
provided, however, that prior to the execution
of the contract, the contract has been reviewed by
the auditor general;
(40) Control the
transportation, storage, and final disposal of all solid waste in the state
other than from sources owned or operated by the
federal government, including the final
disposal of solid waste in facilities owned,
operated, controlled, financed, or otherwise designated
by the corporation; provided, however, that the
corporation shall not be empowered to engage in
the transportation, transfer, or storage of
solid waste, other than at recycling facilities, except in
temporary situations where a municipality has
defaulted in its obligation under this act or in
conjunction with its activities at its disposal
sites; provided, however, that the corporation shall
not be empowered to take any action that would
adversely affect or impair the validity of rights
and obligations under any valid contract for the
disposal of municipal waste, which was in effect
on March 1, 1985, or any extension of the
contract if extension was approved by the corporation,
or the right of any municipality to continue the
operation of its own landfill until closure if the
landfill was in use by the municipality on
December 1, 1986;
(41) Insofar as
the provisions of this chapter are inconsistent with the common law or the
provisions of any other laws of this state,
general or special restricting the power of any public
agency to enter into long term contracts which
exceed the term of the governing body of the
agency or its members, the provisions of this
chapter are controlling, and the corporation shall be
deemed to have the power to enter into any long
term contracts which extend beyond the terms of
the commissioners as may be considered
necessary, desirable, or convenient by the corporation;
and
(42) Undertake
and promote continuing efforts to reduce the waste stream to the extent
practicable and economically feasible.
(43) To purchase,
receive, lease, or otherwise acquire, own, hold, improve, use, sell,
convey, and otherwise deal in and with real or
personal property, wherever situated.; and
(44) Conduct a
training course for newly appointed and qualified members and new
designees within six (6) months of their
qualification or designation. The course shall be
developed by the executive director of the
corporation, approved by the corporation, and
conducted by the executive director of the
corporation. The corporation may approve the use of
any corporation or staff members or other
individuals to assist with training. The training course
shall include instruction in the following
areas: the provisions of chapters 23-19, 42-46, 36-14,
and 38-2; and the corporation's rules and
regulations.
23-19-11.1.
Initial resource recovery system development plan. -- Notwithstanding
the
provisions of section 23-19-11, in view of
current solid waste disposal needs in the state, the
corporation shall implement a solid waste
processing system as soon as possible conforming to
the following criteria:
(1) The system
shall consist of at least two (2) a waste processing facilities
facility that
may be either publicly or privately owned each
with a nameplate capacity not to exceed one
thousand (1,000) tons per day.
(2) The facilities
shall be located as follows: one at Quonset Point and one at the central
landfill in Johnston.
(3) Any energy
revenues which may be generated by the facilities may inure to the
benefit of either the corporation or the vendor
or both.
(4) Seawater
shall not be used at any facility.
(5) (4)
The corporation shall select through competitive bidding, vendors to construct,
operate, maintain, and/or own these facilities.
(6) (5)
The state auditor general shall review and evaluate the reasonableness and
fairness
of all contracts and agreements related to the
construction, operation, and maintenance of the
facilities. The corporation shall test residue
of facilities at least semi-annually.
(7) (6)
In choosing vendors for the facilities, preference shall be given to vendors
who:
(i) Provide
private financing and privately own the facilities with minimal or no financial
risk to the corporation or state;
(ii) Provide a
waste processing facility technology that on-site separates, recovers for
recycling and composting the highest percentage
of the waste stream and lowest amount of
residue;
(iii) Demonstrate
the highest number of primary and secondary markets for materials
recovered from the waste stream and alternative
material uses in the event a material market fails
or becomes economically infeasible;
(iv) Can provide
the greatest degree of flexibility in the type of materials outputted from
the facility in order to adjust to changing
markets for recovered materials; and
(v) Guarantee a
fixed rate tipping fee and/or fixed escalation rate of tipping fees for the
longest time periods.
(8) (7)
In an effort to reduce energy costs and resulting tipping fees at the
facilities, the
corporation may consider the use of a natural
gas cogeneration unit as an integral part of the
facility provided that the maximum output of the
cogeneration unit does not exceed twenty-five
(25) megawatts. The inclusion or addition of a
gas cogeneration component shall not delay the
permitting, construction and operation of the
facilities and the gas cogeneration components may
be added to the facilities after construction or
operation of the facilities begins.
(9) (8)
In addition to any source separation programs for household hazardous waste,
the
facilities shall have the capacity to separate
household hazardous wastes and hazardous wastes
from the waste stream and it shall be the
responsibility of the corporation to provide for proper
disposal of those hazardous wastes at a licensed
facility. The corporation may enter an agreement
with the facility vendor to provide for proper
disposal.
23-19-23.
Citizen advisory board. -- The governor shall appoint from among
interested
citizens of the state eleven (11) members, and
the mayor of Johnston shall appoint one member to
a citizens solid waste management advisory board
consisting of twelve (12) persons. In the month
of June each year, the governor shall appoint a
successor to the member of the board whose term
shall expire in that year, to hold office
commencing on the first day of July in the year of
appointment and until the first day of July in
the third year after their respective appointments and
until their respective successors are appointed
and qualified. In the month of June upon the
expiration of the terms, the mayor of the town
of Johnston shall appoint a successor to the
member of the board whose term shall expire in that
year, to hold office commencing on the first
day of July in the year of appointment and until
the first day of July in the third year after his or
her appointment, and until his or her successor
is appointed and qualified. Any vacancy which
may occur in the board shall be filled by the
governor or the mayor of Johnston in accordance
with the original manner of appointment, for the
duration of the unexpired term. It shall be the
role of the citizens advisory board to give
advice to the corporation concerning rules and
regulations and legislation affecting solid
waste management, resource recovery, and recycling;
and to study the effects of existing recovery
and recycling programs, and to annually report its
findings to the governor corporation
for inclusion in the annual report and to recommend to the
corporation, special studies and projects which
it feels are needed to further economic solid waste
management, resource recovery, and recycling. At
least two (2) members of the board shall be
designated from time to time to attend all
meetings of the solid waste management corporation.
The members of the citizen advisory board shall receive
compensation in the amount of twenty-
five dollars ($25.00) for attendance at board or
corporation meetings where submitted; provided,
however, that the compensation in any one year
shall not exceed the sum of five hundred dollars
($500) per member serve without
compensation. The board shall, at regular intervals, conduct
business meetings for the purpose of carrying
out its general business, and the meetings shall be
open to the public and all records and minutes
will be a matter of public record.
23-19-24. Annual
reports. Reporting requirements. – (a) The corporation
shall,
promptly following within ninety (90)
days after the close of each fiscal year, submit an annual
report of its activities for the preceding year
to the governor, the speaker of the house of
representatives, the president of the senate,
the
state treasurer, and the general assembly secretary
of state. The report shall set forth a complete
operating and financial statement of the corporation
during the year. The corporation shall cause an
audit of its books and accounts to be made at least
once each fiscal year. provide: a summary
of the corporation’s meetings including when the
commissioners, solid waste facilities siting
board, and citizen advisory board met, subjects
addressed, and decisions or recommendations
rendered; a summary of the corporation’s actions
including a listing of transfer stations, waste
processing facilities, and resources recovery
facilities planned, being constructed or
renovated, or owned and operated by the corporation as
prescribed in section 23-19-9, rules and
regulations promulgated as prescribed in section 23-19-
10, hearings held as prescribed in section
23-19-10, fees charged as prescribed in section 23-19-
10, property acquired or disposed of as
prescribed in section 23-19-10, contracts and agreements
entered into as prescribed in section 23-19-10,
bonds and notes issued and secured as prescribed
in sections 23-19-14 and 23-19-16, surveys,
studies, and investigations conducted as prescribed in
section 23-19-10, and administrative penalties
imposed as prescribed in section 23-19-28.1; a
synopsis of the hearings, complaints,
suspensions, or other legal matters related to the authority of
the corporation; a consolidated financial
statement of all funds received and expended by the
corporation including the source of the funds, liabilities
incurred or assumed, funds invested, and
revenues received from the sale of materials,
energy, and other by products of solid waste
processing as prescribed in subsection
23-19-10(30); a summary of actions taken to assist in the
development of industrial and commercial
enterprises within the state based on resource
recovery, recycling, and reuse as prescribed in
subsection 23-19-9(5); a summary of activities
related to the development, amendment, and
implementation of a statewide plan for the
separation of solid waste as prescribed in
subsection 23-19-10(29); a synopsis of the status of
source reduction activities including efforts
taken to reduce the state’s waste stream and develop
new uses for materials recovered from solid
waste as prescribed in subsections 23-19-10(42) and
23-19-11(12); a summary of any training courses
held pursuant to subsection 23-19-10 (44); a
listing of the staff and/or consultants employed
by the corporation as prescribed in section 23-19-
10; a summary of activities related to the
management of the central landfill in Johnston as
prescribed in section 23-19-11.1; a summary of
performance during the previous fiscal year
including accomplishments, shortcomings and
remedies; a listing of findings and
recommendations derived from corporation
activities and the findings of the citizen advisory
board as prescribed in section 23-19-23.
(b) The report
shall be posted electronically as prescribed in section 42-20-8.2.
(c) The
corporation shall cause an audit of its books and accounts to be made at least
once each fiscal year.
SECTION 2. This
act shall take effect upon passage.
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LC00926/SUB
A/2
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