Chapter 06-052

2006 -- H 6889 SUBSTITUTE B

Enacted 06/07/06

A N A C T

RELATING TO HEALTH AND SAFETY -- RHODE ISLAND RESOURCE RECOVERY CORPORATION

Introduced By: Representatives E Coderre, Crowley, Gemma, Gallison, and Lima

Date Introduced: January 25, 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.

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.

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.

once each fiscal year.

SECTION 2. This act shall take effect upon passage.

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LC00924/SUB B/2

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