2025 -- H 5422 SUBSTITUTE A AS AMENDED

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LC000286/SUB A/2

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO EDUCATION -- SCHOOL WASTE RECYCLING AND REFUSE DISPOSAL

     Introduced By: Representatives Carson, Kislak, Fogarty, Cotter, McGaw, Donovan,

     Date Introduced: February 12, 2025

     Referred To: House Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 16-111-1, 16-111-2, 16-111-4, 16-111-5 and 16-111-7 of the

General Laws in Chapter 16-111 entitled "School Waste Recycling and Refuse Disposal" are

hereby amended to read as follows:

     16-111-1. Definitions.

     As used in this chapter.

     (1) “Educational entity” or “educational entities” means all Rhode Island school districts,

including a single school district, regional school district, multiple school districts, any public or

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

and technical high school.

     (2) "Sharing table" means a department of health-approved designated location in a school

cafeteria where students or staff can place:

     (i) Unopened, prepackaged, shelf stable items including, but not limited to, granola bars,

cereal packs, crackers, and drinks;

     (ii) Wrapped fruit and vegetables and fruits with a thick skin including, but not limited to,

bananas, oranges, and washed apples; provided that, the peel is intact; and

     (iii) Unopened, prepackaged perishable food items; provided that, a temperature control

mechanism is in place to maintain a safe temperature for the food items.

     (2)(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.

     16-111-2. Waste audit/report.

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

entity 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 that shall be collected, maintained, and delivered to the educational entity. The waste audits

shall be performed at every educational entity.

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

reducing waste for each educational entity to incorporate into its food waste reduction and recycling

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

communities.

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

     (e) Effective January 1, 2026, and every three (3) years thereafter, educational entities shall

report the results of any waste audit conducted pursuant to this section to the commissioner of the

Rhode Island department of education who shall publish the results of the audit on the department

website.

     16-111-4. Food service — Local sources preferred.

     It shall be the policy of the state, the department of education, and any educational entity

to encourage require that any request for proposal (RFP) or invitation for bid (IFB) to a food service

company (vendor) to provide food services to an educational entity 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 educational entity, to encourage the only 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

an educational entity, or a covered entity or a covered educational institution pursuant to the

provisions of § 23-18.9-7. Any food service company that fails to comply with the provisions of

this section shall be prohibited from participating in any additional RFPs or IFBs for food service

for educational entities until such compliance is met.

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     16-111-5. Food donations by food service companies.

     (a) It shall be the policy of the state, the department of education, and any educational entity

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

food services to an educational entity 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

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 who or that

donates food that is fit for human consumption at the time it was donated, as required by subsection

(a), 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 who 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), 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.

     (f) Vendors pursuant to subsection (a) of this section shall provide an annual report to the

Rhode Island department of education on a form prepared by the department, detailing the amount

of unserved nonperishable or unspoiled perishable food donated pursuant to subsection (a) of this

section and shall also provide information relative to any tax deduction or credit utilized by the

vendor due to donations made pursuant to this section. Information required by this subsection shall

be published on the RIDE website. Failure of any vendor to comply with the provisions of this

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section shall result in a one thousand dollar ($1,000) fine per violation and the vendor shall be

prohibited from participating in any future RFP or IFB for food service for educational entities.

     16-111-7. Rules and regulations.

     The commissioner is hereby authorized directed to promulgate whatever rules and

regulations may be required to implement this chapter and shall annually provide notice to all

educational entities of the department’s school waste disposal and refuse disposal policies. The

rules and regulations required pursuant to this section shall be promulgated no later than January

1, 2026.

     SECTION 2. Chapter 16-111 of the General Laws entitled "School Waste Recycling and

Refuse Disposal" is hereby amended by adding thereto the following section:

     16-111-8. Share tables.

     (a) An educational entity may do both of the following to minimize waste and to reduce

food insecurity:

     (1) Provide sharing tables where food service staff, students, and faculty may return

appropriate food items and make those food items available to students during the course of a

regular school meal time.

     (2) Allow the food placed on the sharing tables that is not taken by a student during the

course of a regular school meal time in accordance with subsection (a)(1) of this section to be

donated to a food bank or any other nonprofit charitable organization.

     (b) Donations of food or food made available to students during the course of a regular

school meal time pursuant to this section may include prepackaged food with the packaging still

intact and in good condition, whole uncut produce that is packaged and/or wrapped or has a thick

skin or produce providing the skin of the produce is intact before donation, unopened bags of sliced

fruit, unopened containers of milk that are immediately stored in a cooling bin maintained at forty-

one degrees Fahrenheit (41°F) or below, and perishable prepackaged food if it is placed in a proper

temperature-controlled environment.

     (c) When an educational entity makes food available to students during the course of a

regular school meal time or donates food to a food bank or any other nonprofit charitable

organization for distribution, the preparation, safety, and donation of food shall be consistent with

relevant provisions of the Rhode Island food code (216-RICR-50-10-1) and approved the

department of health.

     SECTION 3. 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.

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     (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

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

entity’s location.

     (d) On and after January 1, 2023, until January 1, 2028, each educational entity (as defined

in § 16-110-1 16-111-1) shall ensure that the organic-waste materials that are generated by the

educational entity are recycled at an authorized composting facility or anaerobic digestion facility

or by another authorized recycling method if:

     (1) The educational entity generates not less than thirty (30) tons per year of organic-waste

material; and

     (2) The educational entity is located not more than fifteen (15) miles from an authorized

composting facility or anaerobic digestion facility with available capacity to accept such material.

     (e) On and after January 1, 2028, each educational entity (as defined in § 16-111-1) shall

ensure that the organic-waste materials that are generated by the educational entity are recycled at

an authorized composting facility or anaerobic digestion facility.

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     SECTION 4. Section 16-22-35 of the General Laws in Chapter 16-22 entitled "Curriculum

[See Title 16 Chapter 97 — the Rhode Island Board of Education Act]" is hereby amended to read

as follows:

     16-22-35. Littering prevention and recycling awareness program.

     The department of elementary and secondary education shall, in collaboration with the

Rhode Island resource recovery corporation, prescribe a presentation on litter prevention, reducing

and reusing materials, and recycling awareness that shall be used to educate every public school

student including, elementary, and middle school and high school students student within the state

on a yearly basis.

     SECTION 5. 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

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     This act would amend the certain provisions relative to school waste recycling and refuse

disposal and would require reports of waste audits by educational entities and reports of program

participation by vendors. It would also authorize the use of share tables in schools.

     This act would take effect upon passage.

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