2026 -- S 2531 | |
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LC004073 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
____________ | |
A N A C T | |
RELATING TO HEALTH AND SAFETY -- PLASTIC WASTE CONVERSION FACILITY | |
ACT | |
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Introduced By: Senators Ujifusa, Bell, Euer, Murray, Mack, Zurier, Acosta, Kallman, | |
Date Introduced: February 13, 2026 | |
Referred To: Senate Environment & Agriculture | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Findings. |
2 | (1) As stated in §§ 23-19-3(14) and (16), solid waste incineration releases more than four |
3 | hundred (400) toxic pollutants including lead, mercury, dioxins, and acid gasses; poses |
4 | unacceptable threats to the health and safety of Rhode Islanders and the environment; and is the |
5 | most costly method of waste disposal; |
6 | (2) Facilities that use regulated technologies as defined by this chapter 19.20 of title 23, |
7 | including thermochemical, chemical, electrical, or catalytic processes including, but not limited to, |
8 | incineration, gasification, pyrolysis, hydropyrolysis, solvolysis, and depolymerization, release |
9 | toxic air pollutants, generate hazardous solid and liquid waste, contaminated wastewater, and |
10 | chemical byproducts containing carcinogens, endocrine disruptors, and persistent organic |
11 | pollutants, and often function in practice as forms of waste disposal rather than material recovery; |
12 | (3) Energy derived from the combustion of solid waste, or from fuels, feedstocks, oils, |
13 | gases, or chemicals derived from solid waste through regulated technologies, is not renewable |
14 | energy and does not displace fossil fuel production or use; |
15 | (4) Plastic waste conversion facilities marketed as “chemical,” “advanced,” or “molecular” |
16 | recycling have a documented record of commercial failure, prolonged pilot-scale operation, |
17 | shutdowns, fires, mechanical failures, and defaults, and have not demonstrated the ability to operate |
18 | at scale without ongoing public subsidy; |
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1 | (5) Such facilities do not generally produce meaningful quantities of new plastic suitable |
2 | for use in a circular materials economy, and instead primarily generate fuels, chemical |
3 | intermediates, or waste streams; |
4 | (6) Public subsidies, tax credits, financing assistance, and regulatory reclassification of |
5 | plastic waste conversion facilities shift financial risk from private developers to taxpayers while |
6 | primarily benefiting petrochemical, plastics, and fossil-fuel corporations; |
7 | (7) Plastic waste conversion facilities are disproportionately sited in low-income |
8 | communities and communities of color, exacerbating existing pollution burdens and posing |
9 | environmental justice concerns due to increased exposure to toxic emissions, hazardous waste, and |
10 | industrial accidents; |
11 | (8) The lack of transparency, weakened oversight, and reliance on unverifiable accounting |
12 | and tracking systems, including mass-balance crediting schemes, in the plastic waste conversion |
13 | sector increase the risk of fraud, abuse, environmental harm, and threats to public safety; and |
14 | (9) It is therefore in the best interests of the health, safety, environment, climate, and |
15 | welfare of residents and visitors of Rhode Island to protect communities and natural resources by |
16 | prohibiting the construction and operation of new plastic waste conversion facilities. |
17 | SECTION 2. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby |
18 | amended by adding thereto the following chapter: |
19 | CHAPTER 19.20 |
20 | PLASTIC WASTE CONVERSION FACILITY ACT |
21 | 23-19.20-1. Definitions. |
22 | As used in this chapter, the following words and phrases have the following meanings, |
23 | unless the context clearly indicates otherwise: |
24 | (1) "Construction and demolition (C&D) debris" has the same meaning as set forth in § 23- |
25 | 18.9-7. |
26 | (2) "Depolymerization" means a process through which heat, pressure, and/or solvents are |
27 | used to break plastic polymers into oligomers and/or monomers. |
28 | (3) "Hazardous waste" has the same meaning as set forth in § 23-19.1-4. |
29 | (4) “Plastic” means a synthetic or semi-synthetic material made from linking monomers |
30 | derived from fossil fuel or biological sources through a chemical reaction to create a polymer chain |
31 | that can be molded, extruded, or otherwise shaped into pellets, objects, films, or filaments, whether |
32 | alone or in combination with chemical additives including, but not limited to, plasticizers, |
33 | stabilizers, colorants, or flame retardants. |
34 | (5) "Plastic waste conversion facility" means a facility which: |
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1 | (i) Uses any disposal, treatment, recycling, or manufacturing process using regulated |
2 | technologies as defined by this chapter, that subjects solid waste, segregated solid waste, recyclable |
3 | materials, construction and demolition (C&D) debris, post-use polymers, or recovered feedstock to |
4 | conditions sufficient to cause thermal cracking, depolymerization, chemical conversion, molecular |
5 | rearrangement, or structural transformation of polymers, regardless of operating temperature; or |
6 | (ii) Combusts chemicals, feedstocks, fuels, monomers, oligomers, hydrocarbons, or waste |
7 | residues derived from any process that subjects solid waste, segregated solid waste, recyclable |
8 | materials, construction and demolition (C&D) debris, post-use polymers, or recovered feedstock to |
9 | thermochemical, chemical, electrical, or catalytic conversion conditions that result from the use of |
10 | regulated technologies, regardless of operating temperature or energy source. |
11 | (iii) "Plastic waste conversion facility" also includes advanced recycling facilities, |
12 | chemical recycling facilities, molecular recycling facilities, and any other facility that uses a |
13 | regulated technology as defined by this chapter, to convert post-use polymers, plastic, or recovered |
14 | feedstock into fuels, chemical feedstocks, monomers, oligomers, hydrocarbons, waxes, lubricants, |
15 | feedstocks, fuels, or hydrocarbons, regardless of how such facility or process is otherwise classified |
16 | or marketed, or whether the process is characterized as low-temperature, non-thermal, or energy- |
17 | efficient. |
18 | (6) "Post-use polymer" means a plastic polymer previously used in any industrial, |
19 | commercial, agricultural, or domestic activity. |
20 | (7) "Recovered feedstock" means material derived and separated from solid waste, |
21 | segregated solid waste, recyclable materials, or construction and demolition (C&D) debris for use |
22 | as a feedstock or raw material in a plastic waste conversion facility using regulated technologies. |
23 | (8) "Recyclable materials" has the same meaning as set forth in § 23-18.9-7. |
24 | (9) “Regulated technologies” means: |
25 | (i) The use of plastic as a fuel or fuel substitute or the general use of plastic in energy |
26 | generation or the creation of hazardous chemicals by any means in such processes including, but |
27 | not limited to, incineration, waste-to-energy, or waste-to-fuel; and |
28 | (ii) The following processes: |
29 | (A) Gasification; |
30 | (B) Pyrolysis; |
31 | (C) Solvolysis; |
32 | (D) Hydropyrolysis; |
33 | (E) Methanolysis; |
34 | (F) Enzymatic breakdown; |
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1 | (G) Combustion; |
2 | (H) Flash graphene conversion; |
3 | (I) Radical anion attack or electron-driven depolymerization; |
4 | (J) Thermal desorption; |
5 | (K) Continuous microwave assisted pyrolysis; |
6 | (L) Flash joule heating; and |
7 | (M) Any other process used to transform plastic or plastic-derived materials including, but |
8 | not limited to, plastic monomers, chemicals, waxes, lubricants, chemical feedstocks, crude oil, |
9 | diesel, gasoline, or home heating oil; and |
10 | (iii) Regulated technologies are regulated based on the function and outcome of the |
11 | process, not on operating temperature, energy input, or claimed efficiency. |
12 | (10) "Segregated solid waste" has the same meaning as set forth in § 23-18.9-7. |
13 | (11) "Solid waste" has the same meaning as set forth in § 23-18.9-7. |
14 | 23-19.20-2. Prohibition on new plastic waste conversion facilities. |
15 | (a) Notwithstanding any other law, rule, or regulation to the contrary, no permit or license |
16 | shall be issued for the construction or operation of a new plastic waste conversion facility, and no |
17 | application for a permit or license for such a facility shall be granted or issued by the state. |
18 | (b) For purposes of this section, no plastic waste conversion facility shall be deemed |
19 | manufacturing, materials recovery, or recycling based on the nature or intended use of its outputs. |
20 | 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 HEALTH AND SAFETY -- PLASTIC WASTE CONVERSION FACILITY | |
ACT | |
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1 | This act would establish the Plastic Waste Conversion Facility Act. The act would prohibit |
2 | the issuance of any permit or license for the construction or operation of a new plastic waste |
3 | conversion facility, and would further provide that no application for a permit or license for such a |
4 | facility would be granted or issued by the state. |
5 | This act would take effect upon passage. |
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