2021 -- H 5328

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LC000195

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO EDUCATION -- SCHOOL WASTE RECYCLING AND REFUSE DISPOSAL

     Introduced By: Representatives Carson, Cortvriend, Speakman, Fogarty, Ruggiero,
Caldwell, Donovan, Alzate, and Barros

     Date Introduced: February 03, 2021

     Referred To: House Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by

adding thereto the following chapter:

CHAPTER 110

SCHOOL WASTE RECYCLING AND REFUSE DISPOSAL

     16-110-1. Legislative findings.

     The general assembly recognizes and declares that:

     (1) The people of the state desire to promote a clean and wholesome school environment

for our students, teachers, support staff, and school district administrators;

     (2) A significant percentage of school waste is recyclable;

     (3) A significant percentage of Rhode Island households are suffering from food insecurity;

     (4) Surplus food donations help feed roughly thirteen percent (13%) of Rhode Islanders

comprising about fifty-six thousand (56,000) households;

     (5) Food donations are provided for under Rhode Island and federal good samaritan laws

so that businesses are protected from liability when donations are made in good faith;

     (6) The Rhode Island department of education, Rhode Island department of health, and the

United States Department Of Agriculture (USDA) support the recovery for donation of unopened

commercially packaged food and whole fruits from school meals in Rhode Island;

     (7) Any environmentally and economically sound solid waste management system must

incorporate recycling and all solid waste capable of being recycled should be recycled;

     (8) A significant amount of plastics, paper, and electronic equipment is generated as waste

in Rhode Island Schools;

     (9) A sound recycling program for all covered educational entities will best be achieved by

cooperation of the Rhode Island resource recovery corporation, the department of environmental

management, the Rhode Island department of education, and the cities and towns of the state; and

     (10) Upon implementation, the program shall reduce food waste and paper waste at meal

times and throughout the school day and should be encouraged statewide.

     16-110-2. Definitions.

     As used in this chapter.

     (1) "Educational entity" means the entire Rhode Island school district including all public

and charter schools.

     (2) "Share tables" means any table, station or refrigerator within a school where school

pupils may return approved uneaten wholesome and safe food or beverage items which are then

made available to other school pupils for consumption.

     (3) "Waste audit" means an analysis of a facility's waste stream. The audit can identify

what types of recyclable materials and waste a facility generates, how much of each category is

recovered for recycling or discarded, and what materials can be composted.

     16-110-3. Waste audit/report.

     (a) On or after January 1, 2022, and every three (3) years thereafter, every educational

institution, including, but not limited to, all public and private schools grades kindergarten through

twelve (K-12), any charter public school, or any career and technical high school shall coordinate

and cooperate with the Rhode Island resource recovery corporation (RIRRC) for the purpose of

conducting school waste audits. These audits shall produce waste management reports which shall

be collected, maintained, and delivered to all school district school boards, school district

principals, school district facility managers, and school district superintendents. Such waste audits

shall be performed at every kindergarten through grade twelve (K-12) public, private, charter and

vocational school in Rhode Island.

     (b) Waste audits and any reports required herein shall include guidelines and strategies on

reducing waste for each school district to incorporate into their food waste reduction and recycling

programs in an effort to eliminate food waste, promote recycling, and provide food to local

communities.

     (c) Educational institutions, using the guidelines and strategies pursuant to subsection (b)

of this section, shall design and implement a waste collection system in accordance with applicable

state law for the diversion of items including, but not limited to, paper, books, furniture, computers,

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office supplies, plastic, glass, cardboard and surplus foods.

     (d) Notwithstanding any other provision of law, any waste audit conducted pursuant to this

section shall be provided free of charge by the RIRRC.

     16-110-4. Food service and refuse disposal.

     It shall be the policy of the state, the department of education, and any school district

thereunder to require that any request for proposal (RFP) to select a food service company (vendor)

to provide food services to a single school district, regional school district, multiple school districts,

including any public or private school grades kindergarten through twelve (K-12), any charter

public school, or any career and technical high school, shall include, as part of its proposal,

assurances that the vendor is in compliance with all laws relative to recycling and composting

pursuant to chapter 18.9 of title 23; provided that, food waste is separated for diversion within that

school district.

     16-110-5. Food service – Local sources preferred.

     It shall be the policy of the state, the department of education and any school district

thereunder to encourage that any request for proposal (RFP) to a food service company (vendor) to

provide food services to a single school district, regional school district or multiple school districts

including any public or private schools grades kindergarten through twelve (K-12), any charter

public school, any career and technical high school to encourage the use of a vendor that purchases

ten percent (10%) of the required food service product from a Rhode Island-based food service

company. In addition, it shall also be the policy of the state, the department of education, and any

school district thereunder, to encourage the use of vendors who recycle organic-waste materials at

an authorized composting facility, an anaerobic digestion facility, or by another authorized

recycling method, regardless of whether the entity purchasing the services is or is not a covered

entity or a covered educational institution pursuant to the provisions of § 23-18.9-7.

     16-110-6. Food donations by food service companies.

     (a) It shall be the policy of the state, the department of education and any school district

thereunder to require that any request for proposal (RFP) to select a food service company (vendor)

to provide food services to a single school district, regional school district or multiple school

districts including any public or private schools grades kindergarten through twelve (K-12), any

charter public school, or any career and technical high school shall require the vendor to donate

any unserved nonperishable or unspoiled perishable food to local food banks or the Rhode Island

Food Bank in accordance with the recommendations from the Rhode Island department of health

"The Road to End Hunger" initiative.

     (b) Vendors required to donate nonperishable and unspoiled perishable food to local food

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banks or the Rhode Island Food Bank shall initially make arrangements for the provision

accommodations necessary to carry out the provisions of this section.

     (c) Except for injury resulting from gross negligence or intentional misconduct in the

preparation or handling of donated food, no educational entity, person or vendor that donates food

that is fit for human consumption at the time it was donated, as required by subsection (a) of this

section, shall be liable for any damage or injury resulting from the consumption of the donated

food.

     (d) The immunity from civil liability provided by this section applies regardless of

compliance with any laws, regulations, or ordinances regulating the packaging or labeling of food,

and regardless of compliance with any laws, regulations, or ordinances regulating the storage or

handling of the food by the donee after the donation of the food. The donation of nonperishable

food that is fit for human consumption but that has exceeded the labeled shelf life date

recommended by the manufacturer is protected pursuant to this section. The donation of perishable

food that is fit for human consumption but that has exceeded the labeled shelf life date

recommended by the manufacturer is protected pursuant to this section if the person that distributes

the food to the end recipient makes a good faith evaluation that the food to be donated is

wholesome.

     (e) The local food bank or Rhode Island Food Bank that, in good faith, receives and

distributes food without charge, pursuant to subsection (a) of this section, that is fit for human

consumption at the time it was distributed is not liable for any injury or death due to the food unless

the injury or death is a direct result of the gross negligence or intentional misconduct of the

organization.

     16-110-7. Expiration dates.

     An educational entity, person, or vendor that donates food as permitted by law shall not be

subject to civil or criminal liability or penalty for any violation of any laws, regulations, or

ordinances regulating the labeling or packaging of the donated product or, with respect to any other

laws, regulations, or ordinances, for a violation occurring after the time of donation. The donation

of nonperishable food that is fit for human consumption but that has exceeded the labeled shelf life

date recommended by the manufacturer is protected, pursuant to this section, if the entity, person

or vendor that distributes the food to the end recipient makes a good faith evaluation that the food

to be donated is wholesome.

     16-110-8. Share tables and food donation by schools.

     It shall be the policy of this state, the department of education, and any school district

thereunder to provide and facilitate the use of share tables for collection for donation to encourage

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the consumption of nutritious foods and reduce food waste. All Rhode Island school districts shall

create and use share tables provided that the food safety requirements outlined in 7 C.F.R. 210.13,

220.7, 226.20(1), and 225.16(a), respectively, are followed together with any applicable local and

state health and food safety codes. Provided, further, any unused share table nonperishable or

unspoiled perishable food items may be provided to any local food pantry, soup kitchen, the Rhode

Island Food Bank, or nonprofit serving people in need.

     16-110-9. Rules and regulations.

     The commissioner is hereby authorized to promulgate whatever rules and regulations may

be required to implement this chapter and shall annually provide notice to all school districts of the

department's school waste disposal and refuse disposal policies.

     SECTION 2. Section 23-18.9-17 of the General Laws in Chapter 23-18.9 entitled "Refuse

Disposal" is hereby amended to read as follows:

     23-18.9-17. Food waste ban.

     (a) On and after January 1, 2016, each covered entity and each covered educational

institution shall ensure that the organic-waste materials that are generated by the covered entity or

at the covered educational facility are recycled at an authorized, composting facility or anaerobic

digestion facility or by another authorized recycling method if:

     (1) The covered entity or covered educational facility generates not less than one hundred

four (104) tons per year of organic-waste material; and

     (2) The covered entity or covered educational facility is located not more than fifteen (15)

miles from an authorized composting facility or anaerobic digestion facility with available capacity

to accept such material.

     (b) On and after January 1, 2018, each covered educational institution shall ensure that the

organic-waste materials that are generated at the covered educational facility are recycled at an

authorized, composting facility or anaerobic digestion facility or by another authorized recycling

method if:

     (1) The covered educational facility generates not less than fifty-two (52) tons per year of

organic-waste material; and

     (2) The covered entity or covered educational facility is located not more than fifteen (15)

miles from an authorized, composting facility or anaerobic digestion facility with available capacity

to accept such material.

     (c) The director shall grant a waiver of the requirements of subsections (a) and (b) upon a

showing that the tipping fee charged by the Rhode Island resource recovery corporation for non-

contract commercial sector waste is less than the fee charged for organic-waste material by each

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composting facility or anaerobic digestion facility located within fifteen (15) miles of the covered

entity's location.

     (d) On and after January 1, 2023, each covered entity and each covered educational

institution, including, but not limited to, any public or private school shall ensure that the organic-

waste materials that are generated by the covered entity or at the covered educational facility are

recycled at an authorized, composting facility or anaerobic digestion facility or by another

authorized recycling method if:

     (1) The covered educational facility generates not less than thirty (30) tons per year of

organic-waste material; and

     (2) The covered entity or covered educational facility is located not more than fifteen (15)

miles from an authorized, composting facility or anaerobic digestion facility with available capacity

to accept such material.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- SCHOOL WASTE RECYCLING AND REFUSE DISPOSAL

***

     This act would require schools to comply with composting and recycling laws, would

promote the donation of unspoiled nonperishable food by schools, would promote the selection of

local food service companies for school food service contracts and the selection of vendors who

recycle organic-waste at appropriate facilities, and would require the use of share tables at all

schools.

     This act would take effect upon passage.

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