House Bill #7699 (2018)

AN ACT RELATING TO EDUCATION -- SCHOOL WASTE RECYCLING AND REFUSE DISPOSAL

Requires schools to comply with recycling and composting laws and promotes food donation and local food service contracts.

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Changes since original draft

  • 2018 – H 7699
  • 2018 – H 7699 SUBSTITUTE A AS AMENDED
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  • LC004942
  • LC004942/SUB A/3
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  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2018
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2018
  • ____________
  • A N A C T
  • RELATING TO EDUCATION – SCHOOL WASTE RECYCLING AND REFUSE DISPOSAL
  • Introduced By: Representatives Carson, Fogarty, Donovan, Ranglin-Vassell, and Ajello
  • Date Introduced: February 28, 2018
  • Referred To: House Health, Education & Welfare
  • Introduced By: Representatives Carson, Fogarty, Donovan, Ranglin-Vassell, and Ajello
  • Date Introduced: February 28, 2018
  • Referred To: House Health, Education & Welfare
  • 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 and school staff;
  • (2) A significant percentage of school waste is recyclable;
  • (3) Any environmentally and economically sound solid waste management system must incorporate recycling and all solid waste capable of being recycled should be recycled;
  • (4) 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;
  • (5) 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. Food service and refuse disposal.
  • (a) Any educational institution shall ensure compliance with all sections of law providing for refuse disposal and waste recycling pursuant to chapter 18.9 of title 23.
  • (b) 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 shall include, as part of its proposal, assurances that the vendor is in compliance with all Rhode Island general laws relative to recycling and composting pursuant to chapter 18.9 of title 23.
  • 16-110-3. Food service – Local sources preferred.
  • It shall be the policy of the state, the department of education and any school district thereunder to purchase ten percent (10%) of the required food service product from a Rhode Island-based food service company.
  • 16-110-4. Food donations.
  • It shall be the policy of the state, the department of education and any school district thereunder to donate any nonperishable and/or unspoiled perishable food to local food banks or the Rhode Island food bank.
  • 16-110-5. Waste audit required.
  • On or after January 1, 2019, and annually thereafter, every educational institution shall coordinate with the Rhode Island resource recovery corporation (RIRRC) for the purpose of conducting waste audits which reports shall be collected and maintained.
  • 16-110-6. 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.
  • 16-110-7. Penalties.
  • Any person who violates the provisions of this chapter, or any rule or regulation, or order issued pursuant to this chapter, shall be subject to a civil penalty, or not more than twenty-five thousand dollars ($25,000). In the case of a continuing violation, each day's continuance of the violation is deeded to be a separate and distinct offense.
  • 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 composting facility or anaerobic digestion facility located within fifteen (15) miles of the covered entity's location.
  • (d) On and after January 1, 2019, 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.
  • SECTION 3. This act shall take effect upon passage.
  • 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 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.
  • 16-110-3. 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 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.
  • 16-110-4. Food donations.
  • 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 shall require the vendor to donate any nonperishable and/or unspoiled perishable food to local food banks or the Rhode Island Food Bank in accordance with the department of health regulations.
  • 16-110-5. Waste audit required.
  • On or after January 1, 2019, and annually thereafter, every educational institution shall coordinate with the Rhode Island resource recovery corporation (RIRRC) for the purpose of conducting waste audits every three (3) years and which reports shall be collected and maintained.
  • 16-110-6. 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. This act shall take effect upon passage.
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  • LC004942
  • LC004942/SUB A/3
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  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • 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 and would promote the selection of local food service companies for school food service contracts.
  • This act would take effect upon passage. ======== LC004942 ========
  • ***
  • This act would require schools to comply with composting and recycling laws, would promote the donation of unspoiled nonperishable food by schools, and 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.
  • This act would take effect upon passage. ======== LC004942/SUB A/3 ========

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for PASSAGE PASSAGE OF AMENDMENT

June 21, 2018 at 5:26pm
Yeas: 73 / Nays: 0 / Not voting: 2 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros Y
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson Y
Rep. Casey Y
Rep. Casimiro Y
Rep. Chippendale Y
Rep. Corvese Y
Rep. Costantino Y
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha Y
Rep. Diaz Y
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi Y
Rep. Fogarty Y
Rep. Giarrusso Y
Rep. Handy Y
Rep. Hearn Y
Rep. Hull Y
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian Y
Rep. Keable Y
Rep. Kennedy NV
Rep. Knight Y
Rep. Lancia Y
Rep. Lima Y
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall NV
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendonca Y
Rep. Messier Y
Rep. Morgan Y
Rep. Morin Y
Rep. Nardolillo Y
Rep. Newberry Y
Rep. Nunes Y
Rep. O'Brien Y
Rep. O'Grady Y
Rep. Perez Y
Rep. Phillips Y
Rep. Price Y
Rep. Quattrocchi Y
Rep. Ranglin-Vassell Y
Rep. Regunberg Y
Rep. Roberts Y
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Tanzi Y
Rep. Tobon Y
Rep. Ucci Y
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y
Rep. Winfield Y

Floor vote for PASSAGE AS AMENDED

June 21, 2018 at 5:26pm
Yeas: 70 / Nays: 1 / Not voting: 4 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros Y
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson NV
Rep. Casey Y
Rep. Casimiro Y
Rep. Chippendale Y
Rep. Corvese Y
Rep. Costantino Y
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha Y
Rep. Diaz Y
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi Y
Rep. Fogarty Y
Rep. Giarrusso Y
Rep. Handy Y
Rep. Hearn Y
Rep. Hull Y
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian Y
Rep. Keable Y
Rep. Kennedy NV
Rep. Knight Y
Rep. Lancia Y
Rep. Lima Y
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall NV
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendonca Y
Rep. Messier Y
Rep. Morgan Y
Rep. Morin Y
Rep. Nardolillo Y
Rep. Newberry Y
Rep. Nunes N
Rep. O'Brien Y
Rep. O'Grady Y
Rep. Perez Y
Rep. Phillips Y
Rep. Price Y
Rep. Quattrocchi Y
Rep. Ranglin-Vassell Y
Rep. Regunberg Y
Rep. Roberts Y
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi NV
Rep. Slater Y
Rep. Solomon Y
Rep. Tanzi Y
Rep. Tobon Y
Rep. Ucci Y
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y
Rep. Winfield Y