It is enacted by the General Assembly as follows:

SECTION 1. Title 46 of the General Laws entitled "Waters and Navigation" is hereby amended by adding thereto the following chapter:

{ADD 46-29-1. Short title. -- ADD} {ADD This chapter shall be referred to as the "Phosphate Reduction Act of 1995". ADD}

{ADD 46-29-2. Legislative findings, intent, and objectives. -- ADD} {ADD The general assembly hereby recognizes and declares that: ADD}

{ADD (a) Whereas, excess nutrients, especially phosphorus, from municipal wastewater treatment plants, septic tanks, urban and agricultural losses may cause eutrophication resulting in algae blooms and low dissolved oxygen; and ADD}

{ADD (b) Whereas, requiring the use of phosphate-free laundry detergents will reduce the amount of phosphorus in Rhode Island's rivers, lakes, and estuaries at no cost to consumer or to municipalities; and ADD}

{ADD (c) Whereas, requiring the use of phosphate-free laundry detergents will significantly reduce the amount of phosphorus that is released by municipalities at their wastewater treatment plants; and ADD}

{ADD (d) Whereas, our neighbors the state of Connecticut and the commonwealth of Massachusetts have enacted similar legislation to address the problem of excess nutrients in their waters; ADD}

{ADD (e) The general assembly, therefore, has declared that it is the policy of the state to reduce phosphorus pollution at its source to protect waters of the state, protect beneficial uses of the waters of the state and create a cost effective approach to wastewater treatment. ADD}

{ADD 46-29-3. Certain cleaning agents containing phosphorus prohibited. ADD} {ADD (a) No person may manufacture, store, sell, use, or distribute for sale or use any cleaning agent containing phosphorous in the state, except as otherwise provided in this section. ADD}

{ADD (b) As used in this section, "cleaning agent" means a laundry detergent, dishwashing compound, household cleaner, metal cleaner or polish, industrial cleaner, or other substance that is used or intended for use for cleaning purposes. ADD}

{ADD (c) This section shall not apply to cleaning agents which are used: ADD}

{ADD (1) In agricultural or dairy production; ADD}

{ADD (2) To clean commercial food or beverage processing equipment or containers; ADD}

{ADD (3) As industrial or institutional sanitizers, metal brighteners, or acid cleaners, including those containing phosphoric acid or trisodium phosphate; ADD}

{ADD (4) In industrial processes for metal, fabric or fiber cleaning and conditions; ADD}

{ADD (5) In hospitals, clinics, nursing homes, other health care facilities, or veterinary hospitals or clinics; ADD}

{ADD (6) By a commercial laundry or textile rental service company or any other commercial entity; ADD}

{ADD (i) To provide laundry service to hospitals, clinics, nursing homes, other health care facilities, or veterinary hospitals or clinics; or ADD}

{ADD (ii) To clean textile products supplied to industrial or commercial users of the products on a rental basis; or ADD}

{ADD (iii) To clean professional, industrial or commercial work uniforms; ADD

{ADD (7) In the manufacture of health care or veterinary supplies; ADD}

{ADD (8) In any medical, biological, chemical, engineering or other such laboratory, including those associated with any academic or research facility; ADD}

{ADD (9) As water softeners, antiscale agents, or corrosion inhibitors, where such use is in a closed system such as a boiler, air conditioner, cooling tower, or hot water heating system; ADD}

{ADD (10) To clean hard surfaces including windows, sinks, counters, floors, ovens, food separation surfaces, and plumbing fixtures. ADD}

{ADD (d) This section shall not apply to cleaning agents which: ADD}

{ADD (1) Contain phosphorus in an amount not exceeding five-tenths of one percent (0.5%) by weight; ADD}

{ADD (2) Contain phosphorus is an amount not exceeding eight and seven-tenths percent (8.7%) by weight and which are intended for use in commerical or household dishwashing machine; ADD}

{ADD (3) Are manufactured, stored, sold, or distributed for use solely outside the state. ADD}

{ADD (e) The Rhode Island Department of Environmental Management may permit the use of a cleaning agent which contains phosphorus in an amount exceeding five-tenths of one percent (0.5%) but not exceeding eight and seven-tenths percent (8.7%) by weight upon a finding that there is no adequate substitute for such cleaning agent, or that compliance with this section would otherwise be unreasonable or create a significant hardship on the user. The Rhode Island Department of Environmental Management may adopt rules to administer this section. ADD}

{ADD (f) Any person who manufactures, sells or distributes any cleaning agent in violation of this section shall be punishable by a fine not to exceed one thousand ($1,000.00). ADD}

{ADD 26-29-4. Right of appeal. -- ADD} {ADD Any person aggrieved by any determiniation made by the director pursuant to this chapter may seek review of that determination before the administrative adjudication division of the department pursuant to Rhode Island general law chapters 42-35 and 42-17.7. ADD}

{ADD 46-29-5. Construction of chapter. -- ADD} {ADD This chapter shall be construed liberally in aid of its declared purpose, which purpose is the reduction of phosphorous entering the waters of the state. ADD}

{ADD 46-29-6. Severability. -- ADD} {ADD If any provision of this chapter or of any rule or regulation made thereunder, or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, or regulation and the application of such provision to other persons or circumstances shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this chapter shall not affect the validity of the remainder of the chapter. ADD}

SECTION 2. This act shall take effect upon passage.