2026 -- S 2531

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LC004073

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO HEALTH AND SAFETY -- PLASTIC WASTE CONVERSION FACILITY

ACT

     

     Introduced By: Senators Ujifusa, Bell, Euer, Murray, Mack, Zurier, Acosta, Kallman,
Valverde, and Lauria

     Date Introduced: February 13, 2026

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

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     SECTION 1. Findings.

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     (1) As stated in §§ 23-19-3(14) and (16), solid waste incineration releases more than four

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hundred (400) toxic pollutants including lead, mercury, dioxins, and acid gasses; poses

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unacceptable threats to the health and safety of Rhode Islanders and the environment; and is the

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most costly method of waste disposal;

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     (2) Facilities that use regulated technologies as defined by this chapter 19.20 of title 23,

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including thermochemical, chemical, electrical, or catalytic processes including, but not limited to,

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incineration, gasification, pyrolysis, hydropyrolysis, solvolysis, and depolymerization, release

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toxic air pollutants, generate hazardous solid and liquid waste, contaminated wastewater, and

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chemical byproducts containing carcinogens, endocrine disruptors, and persistent organic

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pollutants, and often function in practice as forms of waste disposal rather than material recovery;

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     (3) Energy derived from the combustion of solid waste, or from fuels, feedstocks, oils,

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gases, or chemicals derived from solid waste through regulated technologies, is not renewable

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energy and does not displace fossil fuel production or use;

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     (4) Plastic waste conversion facilities marketed as “chemical,” “advanced,” or “molecular”

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recycling have a documented record of commercial failure, prolonged pilot-scale operation,

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shutdowns, fires, mechanical failures, and defaults, and have not demonstrated the ability to operate

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at scale without ongoing public subsidy;

 

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     (5) Such facilities do not generally produce meaningful quantities of new plastic suitable

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for use in a circular materials economy, and instead primarily generate fuels, chemical

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intermediates, or waste streams;

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     (6) Public subsidies, tax credits, financing assistance, and regulatory reclassification of

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plastic waste conversion facilities shift financial risk from private developers to taxpayers while

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primarily benefiting petrochemical, plastics, and fossil-fuel corporations;

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     (7) Plastic waste conversion facilities are disproportionately sited in low-income

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communities and communities of color, exacerbating existing pollution burdens and posing

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environmental justice concerns due to increased exposure to toxic emissions, hazardous waste, and

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industrial accidents;

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     (8) The lack of transparency, weakened oversight, and reliance on unverifiable accounting

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and tracking systems, including mass-balance crediting schemes, in the plastic waste conversion

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sector increase the risk of fraud, abuse, environmental harm, and threats to public safety; and

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     (9) It is therefore in the best interests of the health, safety, environment, climate, and

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welfare of residents and visitors of Rhode Island to protect communities and natural resources by

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prohibiting the construction and operation of new plastic waste conversion facilities.

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     SECTION 2. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 19.20

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PLASTIC WASTE CONVERSION FACILITY ACT

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     23-19.20-1. Definitions.

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     As used in this chapter, the following words and phrases have the following meanings,

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unless the context clearly indicates otherwise:

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     (1) "Construction and demolition (C&D) debris" has the same meaning as set forth in § 23-

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18.9-7.

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     (2) "Depolymerization" means a process through which heat, pressure, and/or solvents are

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used to break plastic polymers into oligomers and/or monomers.

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     (3) "Hazardous waste" has the same meaning as set forth in § 23-19.1-4.

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     (4) “Plastic” means a synthetic or semi-synthetic material made from linking monomers

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derived from fossil fuel or biological sources through a chemical reaction to create a polymer chain

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that can be molded, extruded, or otherwise shaped into pellets, objects, films, or filaments, whether

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alone or in combination with chemical additives including, but not limited to, plasticizers,

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stabilizers, colorants, or flame retardants.

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     (5) "Plastic waste conversion facility" means a facility which:

 

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     (i) Uses any disposal, treatment, recycling, or manufacturing process using regulated

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technologies as defined by this chapter, that subjects solid waste, segregated solid waste, recyclable

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materials, construction and demolition (C&D) debris, post-use polymers, or recovered feedstock to

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conditions sufficient to cause thermal cracking, depolymerization, chemical conversion, molecular

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rearrangement, or structural transformation of polymers, regardless of operating temperature; or

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     (ii) Combusts chemicals, feedstocks, fuels, monomers, oligomers, hydrocarbons, or waste

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residues derived from any process that subjects solid waste, segregated solid waste, recyclable

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materials, construction and demolition (C&D) debris, post-use polymers, or recovered feedstock to

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thermochemical, chemical, electrical, or catalytic conversion conditions that result from the use of

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regulated technologies, regardless of operating temperature or energy source.

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     (iii) "Plastic waste conversion facility" also includes advanced recycling facilities,

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chemical recycling facilities, molecular recycling facilities, and any other facility that uses a

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regulated technology as defined by this chapter, to convert post-use polymers, plastic, or recovered

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feedstock into fuels, chemical feedstocks, monomers, oligomers, hydrocarbons, waxes, lubricants,

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feedstocks, fuels, or hydrocarbons, regardless of how such facility or process is otherwise classified

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or marketed, or whether the process is characterized as low-temperature, non-thermal, or energy-

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efficient.

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     (6) "Post-use polymer" means a plastic polymer previously used in any industrial,

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commercial, agricultural, or domestic activity.

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     (7) "Recovered feedstock" means material derived and separated from solid waste,

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segregated solid waste, recyclable materials, or construction and demolition (C&D) debris for use

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as a feedstock or raw material in a plastic waste conversion facility using regulated technologies.

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     (8) "Recyclable materials" has the same meaning as set forth in § 23-18.9-7.

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     (9) “Regulated technologies” means:

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     (i) The use of plastic as a fuel or fuel substitute or the general use of plastic in energy

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generation or the creation of hazardous chemicals by any means in such processes including, but

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not limited to, incineration, waste-to-energy, or waste-to-fuel; and

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     (ii) The following processes:

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     (A) Gasification;

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     (B) Pyrolysis;

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     (C) Solvolysis;

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     (D) Hydropyrolysis;

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     (E) Methanolysis;

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     (F) Enzymatic breakdown;

 

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     (G) Combustion;

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     (H) Flash graphene conversion;

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     (I) Radical anion attack or electron-driven depolymerization;

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     (J) Thermal desorption;

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     (K) Continuous microwave assisted pyrolysis;

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     (L) Flash joule heating; and

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     (M) Any other process used to transform plastic or plastic-derived materials including, but

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not limited to, plastic monomers, chemicals, waxes, lubricants, chemical feedstocks, crude oil,

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diesel, gasoline, or home heating oil; and

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     (iii) Regulated technologies are regulated based on the function and outcome of the

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process, not on operating temperature, energy input, or claimed efficiency.

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     (10) "Segregated solid waste" has the same meaning as set forth in § 23-18.9-7.

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     (11) "Solid waste" has the same meaning as set forth in § 23-18.9-7.

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     23-19.20-2. Prohibition on new plastic waste conversion facilities.

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     (a) Notwithstanding any other law, rule, or regulation to the contrary, no permit or license

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shall be issued for the construction or operation of a new plastic waste conversion facility, and no

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application for a permit or license for such a facility shall be granted or issued by the state.

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     (b) For purposes of this section, no plastic waste conversion facility shall be deemed

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manufacturing, materials recovery, or recycling based on the nature or intended use of its outputs.

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     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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     This act would establish the Plastic Waste Conversion Facility Act. The act would prohibit

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the issuance of any permit or license for the construction or operation of a new plastic waste

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conversion facility, and would further provide that no application for a permit or license for such a

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facility would be granted or issued by the state.

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     This act would take effect upon passage.

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