2012 -- S 3075

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LC02847

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO HEALTH AND SAFETY - RHODE ISLAND RESOURCE RECOVERY

CORPORATION

     Introduced By: Senators Lombardo, and Lanzi

     Date Introduced: June 13, 2012

     Referred To: Recommended for Immediate Consideration

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-19-6 and 23-19-23 of the General Laws in Chapter 23-19

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entitled "Rhode Island Resource Recovery Corporation" are hereby amended to read as follows:

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     23-19-6. Creation, membership, and terms of the Rhode Island Resource Recovery

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Corporation. -- (a) There is authorized, created, and established a public corporation of the state,

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having a distinct legal existence from the state and not constituting a department of the state

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government, with the politic and corporate powers set forth in this chapter, to be known as the

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Rhode Island resource recovery corporation, ("the corporation") to carry out the provisions of this

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chapter. The corporation is constituted a public instrumentality and agency exercising public and

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essential governmental functions, and the exercise by the corporation of the powers conferred by

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this chapter shall be deemed and held to be the performance of an essential governmental

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function of the state.

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      (b) It is the intent of the general assembly by the passage of this chapter to create and

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establish a public corporation and instrumentality and agency of the state for the purpose of the

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activities authorized by this chapter, and to vest the corporation with all powers, authority, rights,

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privileges, and titles that may be necessary to enable it to accomplish those purposes. This

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chapter shall be liberally construed in conformance with the purpose expressed in this section.

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      (c) The powers of the corporation shall be vested in eight (8) nine (9) commissioners,

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consisting of the director of administration, or the director's designee, who shall be a subordinate

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within the department of administration, who shall serve as a nonvoting an ex-officio member,

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and seven (7) eight (8) public members to be appointed by the governor with advice and consent

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of the senate, at least two (2) three (3) of whom shall be a resident of the town of Johnston. In

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making these appointments, the governor shall give due consideration to recommendations from

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the mayor of the town of Johnston and from the League of Cities and Towns. The governor shall

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also give due consideration to recommendations from representatives of the commercial waste

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haulers, and environmental advocacy organizations, and shall consider persons experienced in the

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field of recycling. Those members of the corporation as of May 4, 2006 who were appointed to

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the corporation by members of the general assembly shall cease to be members of the corporation

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on May 4, 2006, and the governor shall thereupon nominate one new member who shall serve the

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balance of the unexpired term of his or her predecessor. Those members of the corporation as of

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May 4, 2006 who were appointed to the corporation by the governor shall continue to serve the

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balance of their current terms. Thereafter, the appointments shall be made by the governor with

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advice and consent of the senate as prescribed in this section.

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      (d) All public members shall serve staggered three (3) year terms except as otherwise

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provided in subsection (c) of this section. In the month of June each year thereafter, the governor

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shall appoint the successor(s) to the commissioners the governor has appointed whose terms

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expire that year, to serve for a term of three (3) years commencing on the day they are qualified.

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All public members shall serve until their respective successors are appointed and qualified. The

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members of the corporation shall be eligible to succeed themselves.

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      (e) Any vacancy occurring in the office of a member by death, resignation, or otherwise

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shall be filled by the governor with advice and consent of the senate in the same manner as the

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original appointment for the balance of the unexpired term of the former member as prescribed in

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subsection 23-19-6(c).

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      (f) Members of the corporation shall be removable by the governor pursuant to section

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36-1-7 of the Rhode Island general laws, and removal solely for partisan or personal reasons

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unrelated to capacity or fitness for the office shall be unlawful.

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      (g) The commissioners shall annually elect from among their number a chair, vice chair

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and a treasurer, and any other officers that they may determine. Meetings shall be held at the call

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of the chair or whenever two (2) commissioners so request. Four (4) commissioners shall

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constitute a quorum, and any action taken by the corporation under the provisions of this chapter

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may be authorized by resolution approved by a majority of the commissioners present and voting

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at any regular or special meeting. No vacancy in the membership of the corporation's board of

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commissioners shall impair the right of a quorum to exercise all the rights and perform all the

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duties of the corporation.

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      (h) Commissioners shall receive no compensation for the performance of their duties, but

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the commissioner shall be reimbursed for his or her reasonable expenses incurred in carrying out

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the duties under this chapter.

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      (i) The commissioners of the corporation shall at regular intervals at least eight (8) times

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a year conduct business meetings for the purpose of carrying out its general business. The

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meetings shall be open to the public and all records and minutes will be a matter of public record.

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The corporation shall be considered a "public body" and shall be subject to the provisions of the

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Open Meetings Law, chapter 42-46 and to the provisions of title 38 concerning public records.

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      (j) The corporation shall continue until its existence is terminated by law. At that time its

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holdings and assets shall pass to and become vested in the state.

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      (k) The state shall indemnify and hold harmless every past, present, or future

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commissioner, officer, or employee of the corporation who is made a party to or is required to

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testify in any action, investigation, or other proceeding in connection with or arising out of the

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performance or alleged lack of performance of that person's duties on behalf of the corporation.

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These persons shall be indemnified and held harmless, whether they are sued individually or in

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their capacities as commissioners, officers, or employees of the corporation, for all expenses,

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legal fees and/or costs incurred by them during or resulting from the proceedings, and for any

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award or judgment arising out of their service to the corporation that is not paid by the

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corporation and is sought to be enforced against a person individually, as expenses, legal fees,

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costs, awards or judgments occur. Provided, however, that neither the state nor the corporation

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shall indemnify any commissioner, officer, or employee:

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      (1) For acts or omissions not in good faith or which involve intentional misconduct or a

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knowing violation of law;

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      (2) For any transaction from which the member derived an improper personal benefit; or

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      (3) For any malicious act.

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      (l) No one shall be eligible for appointment unless he or she is a resident of the state.

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     23-19-23. Citizen advisory board. Citizens advisory board. -- The governor shall

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appoint from among interested citizens of the state eleven (11) members, and the mayor of

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Johnston shall appoint one member to a citizens solid waste management advisory board

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consisting of twelve (12) persons. In the month of June each year, the governor shall appoint a

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successor to the member of the board whose term shall expire in that year, to hold office

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commencing on the first day of July in the year of appointment and until the first day of July in

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the third year after their respective appointments and until their respective successors are

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appointed and qualified. In the month of June upon the expiration of the terms, the mayor of the

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town of Johnston shall appoint a successor to the member of the board whose term shall expire in

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that year, to hold office commencing on the first day of July in the year of appointment and until

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the first day of July in the third year after his or her appointment, and until his or her successor is

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appointed and qualified. Any vacancy which may occur in the board shall be filled by the

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governor or the mayor of Johnston in accordance with the original manner of appointment, for the

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duration of the unexpired term. It shall be the role of the citizens advisory board to give advice to

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the corporation concerning rules and regulations and legislation affecting solid waste

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management, resource recovery, and recycling; and to study the effects of existing recovery and

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recycling programs, and to annually report its findings to the corporation for inclusion in the

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annual report and to recommend to the corporation, special studies and projects which it feels are

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needed to further economic solid waste management, resource recovery, and recycling. At least

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two (2) members of the board shall be designated from time to time to attend all meetings of the

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solid waste management corporation. The members of the citizen advisory board shall serve

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without compensation. The board shall, at regular intervals, conduct business meetings for the

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purpose of carrying out its general business, and the meetings shall be open to the public and all

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records and minutes will be a matter of public record.

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     (a) There is hereby created a permanent board to be known as the "Citizens Advisory

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Board" to consist of twelve (12) members, six (6) to be appointed by the governor, two (2) of

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whom shall be from the city of Cranston, two (2) of whom shall be from the town of Scituate and

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two (2) from the town of Johnston; three (3) of whom shall be appointed by the mayor of

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Johnston and three (3) of whom shall be appointed by the town council of Johnston. The term of

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appointment shall be three (3) years.

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     (b) It shall be the role of the citizens advisory board to advise the Rhode Island resource

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recovery corporation concerning: rules and regulations and legislation affecting solid waste

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management, resource recovery and recycling; effects of existing recovery and recycling

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programs; all landfill expansion plans; all single expenditures which exceed five hundred

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thousand dollars ($500,000); all land clearing proposals of over one quarter (1/4) of an acre of

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land in the landfill; proposed construction of all new buildings of the landfill and additions to

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existing landfill buildings that exceed two hundred (200) square feet; annually reporting their

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findings to the governor, speaker of the house of representatives and president of the senate, and

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to recommend to the corporation, special studies and projects which it feels are needed to further

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economic solid waste management resource recovery and recycling.

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     (c) At least two (2) members of the board shall be designated from time to time to attend

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all meetings of the Rhode Island resource recovery corporation. The board shall, at regular

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monthly intervals, conduct business meetings for the purpose of carrying out its general business,

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and the meetings shall be open to the public and all records and minutes shall be a matter of

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public record.

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     (d) The board shall elect annually a chairperson and vice chairperson from among its

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membership.

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     (e) The Rhode Island resource recovery corporation shall furnish the advisory board a

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suitable location to hold its meetings.

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     (f) The board shall meet at least quarterly and at the call of the chairperson or four (4)

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board members. The executive director of the Rhode Island resource recovery corporation shall

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be present for all board meetings to inform the board of the actions of the corporation and to

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respond to the board's inquiries.

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     (g) The board shall review legislative proposals and comment on existing state laws

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relating to solid waste management, resource recovery and recycling.

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     (h) The board shall have free access to all public records and documents of the Rhode

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Island resource recovery corporation which may be of value to it in connection with the research

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and study of the board.

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     (i) A board member shall not receive compensation for his or her service on the board.

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     SECTION 2. This act shall take effect upon passage.

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LC02847

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - RHODE ISLAND RESOURCE RECOVERY

CORPORATION

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     This act would set forth the composition, purpose and powers of the citizens advisory

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board to the Rhode Island resource recovery corporation.

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     This act would take effect upon passage.

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LC02847

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