Rhode Island 2023 Regular Session

Rhode Island House Bill H5450 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5450
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7	7	LC001296
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
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14	14	A N A C T
15	15	RELATING TO HEALTH AND SAFETY -- REFUSE DISPOSAL
16	16	Introduced By: Representatives Sanchez, Perez, Morales, Hull, Newberry, Nardone,
17	17	Chippendale, Biah, and J. Lombardi
18	18	Date Introduced: February 08, 2023
19	19	Referred To: House Municipal Government & Housing
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 23-18.9-1 of the General Laws in Chapter 23-18.9 entitled "Refuse 1
24	24	Disposal" is hereby amended to read as follows: 2
25	25	23-18.9-1. Responsibility for refuse disposal. 3
26	26	(a)(1) Each city and town is required to make provision for the safe and sanitary disposal 4
27	27	of all refuse which is generated within its boundaries, including refuse from commercial and 5
28	28	industrial sources, but excluding refuse from sources owned or operated by the state or federal 6
29	29	governments, hazardous waste as defined in chapter 19.1 of this title and any refuse which is not 7
30	30	acceptable at a facility provided by the Rhode Island resource recovery corporation under chapter 8
31	31	19 of this title. The disposal facilities used to meet this responsibility may be located within or 9
32	32	outside the municipality, may be publicly or privately owned, and may include facilities used only 10
33	33	by the owner. Each city and town will be required to separate solid waste into recyclable and non-11
34	34	recyclable components before the material is disposed of in any state owned facility; provided, 12
35	35	however, that no municipality shall be permitted to charge any resident or business within its 13
36	36	jurisdiction, any recycling fee. Implementation of the program of separation by any city or town 14
37	37	may be by separation at the source of generation or by separation at collection points or transfer 15
38	38	stations. Cities and towns may allow private and volunteer collection of recyclables. The 16
39	39	department of environmental management shall adopt and promulgate regulations to define 17
40	40	recyclable materials, and shall from time to time determine an implementation schedule for the 18
41	41	recyclable separation programs of the cities and towns. The implementation schedule shall be 19
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45	45	determined and adopted by the department of environmental management after consultation and 1
46	46	cooperation with the cities and towns. The department shall adopt and promulgate an 2
47	47	implementation schedule and rules and regulations which require that commercial solid waste be 3
48	48	separated into recyclable and non-recyclable components before the material may be disposed of 4
49	49	at any state owned solid waste disposal facility. The department shall adopt and promulgate an 5
50	50	implementation schedule and rules and regulations which require that the solid waste generated at 6
51	51	state facilities be separated into recyclable and non-recyclable components before the material may 7
52	52	be disposed of in any state owned solid waste disposal facility. 8
53	53	(2) During the first three (3) years after a city or town enters the recycling program, a city 9
54	54	or town shall be deemed to have achieved compliance with the requirement of separation if that 10
55	55	city or town shall have achieved at least the same percentage of separation as achieved by similar 11
56	56	communities with compulsory programs of separation of recyclables. 12
57	57	(3) Beginning July 1, 2012 every city or town that enters into a contract with the Rhode 13
58	58	Island resource recovery corporation to dispose of solid waste shall be required to recycle a 14
59	59	minimum of thirty-five percent (35%) of its solid waste and to divert a minimum of fifty percent 15
60	60	(50%) of its solid waste. The recycling and diversion rate shall be achieved as prescribed in the 16
61	61	addendum required in subdivision 23-19-13(e)(3). For purposes of this section “diversion rate” 17
62	62	means the total amount (reflected as a percentage) of material, diverted from disposal through waste 18
63	63	prevention, recycling or re-use. 19
64	64	(b) The governing body of each city and town shall discharge its responsibility set forth in 20
65	65	subsection (a) by: 21
66	66	(1) Adopting reasonable rules and regulations governing the licensing of all qualified 22
67	67	persons engaged in the business of collection and hauling of refuse and operation of transfer stations 23
68	68	with respect to all refuse within its boundaries. All persons engaged in the business of collection or 24
69	69	hauling of refuse and operation of transfer stations within the boundaries of a municipality, shall 25
70	70	be issued a license upon application. No municipality shall unreasonably deny a license to any 26
71	71	reasonably qualified person. 27
72	72	(2) Contracting with the Rhode Island resource recovery corporation or a person approved 28
73	73	by the Rhode Island resource recovery corporation for the disposal of municipal refuse, unless a 29
74	74	municipality is operating its own landfill on December 1, 1986 or is disposing of its municipal 30
75	75	refuse under a contract approved by the corporation which was in effect on March 1, 1985, in which 31
76	76	case the municipality shall be free to continue to use the landfill until its closure, or to continue to 32
77	77	dispose of its municipal refuse under the contract until the expiration of the original term of the 33
78	78	contract or the expiration of any extension of the contract approved by the corporation or sooner 34
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82	82	termination. 1
83	83	(3) In the case of cities and towns where municipal waste collection is provided by private 2
84	84	contract between the generator of the waste and the hauler, adopting rules and regulations for the 3
85	85	fair allocation of the municipal rate provided under the provisions of § 23-19-13(g) among those 4
86	86	haulers licensed to collect and haul refuse within the cities and towns. 5
87	87	(4) Adopting rules and regulations that govern the separation of solid waste into recyclable 6
88	88	and non-recyclable components. Regulations adopted under this chapter may not be inconsistent 7
89	89	with any rules, regulations, standards, and criteria adopted by the department of environmental 8
90	90	management or the Rhode Island resource recovery corporation. Each city and town is empowered 9
91	91	to adopt the regulations and to contract with the Rhode Island resource recovery corporation for 10
92	92	the enforcement of the licensing provisions thereof, including compliance with the provisions of a 11
93	93	license designating a final disposal site for all refuse collected or hauled by the licensee within the 12
94	94	municipality’s boundaries and requiring the separation of recyclable materials from municipal, 13
95	95	non-municipal, residential and commercial sources. 14
96	96	(c) To assist each city and town in carrying out these responsibilities, the Rhode Island 15
97	97	resource recovery corporation shall: 16
98	98	(1) Administer any financial assistance granted by the state to localities, as provided in this 17
99	99	chapter, and establish and publish rules and regulations concerning eligibility, disbursement, and 18
100	100	use of financial assistance. 19
101	101	(2) Provide technical assistance to cities and towns concerning their refuse problems. 20
102	102	SECTION 2. This act shall take effect upon passage. 21
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109	109	EXPLANATION
110	110	BY THE LEGISLATIVE COUNCIL
111	111	OF
112	112	A N A C T
113	113	RELATING TO HEALTH AND SAFETY -- REFUSE DISPOSAL
114	114	***
115	115	This act would prohibit municipalities from charging any recycling fees. 1
116	116	This act would take effect upon passage. 2
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