Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0471 Compare Versions

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

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5	5	2023 -- S 0471
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7	7	LC001649
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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 -- AIR POLLUTION
16	16	Introduced By: Senators Zurier, and Lauria
17	17	Date Introduced: March 07, 2023
18	18	Referred To: Senate Commerce
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Chapter 23-23 of the General Laws entitled "Air Pollution" is hereby 1
23	23	amended by adding thereto the following section: 2
24	24	23-23-32. Gasoline powered lawn equipment - Rebate program. 3
25	25	(a) For purposes of this section, the following terms shall have the following meanings: 4
26	26	(1) "Lawn care device" means any device powered mechanically, which is intended to be 5
27	27	used or is actually used for mowing grass, cutting or chipping trees, tree roots or tree branches, or 6
28	28	clearing leaves or other vegetation from lawns, sidewalks, public streets or public highways and 7
29	29	shall include, but not be limited to, such devices as lawn mowers and lawn mower attachments, 8
30	30	lawn edgers, leaf blowers, leaf vacuums, mulchers and chippers. 9
31	31	(2) "Emissions" means exhaust from the combustion of hydrocarbon fuels. 10
32	32	(b) The director of the department of environmental management (DEM) shall promulgate 11
33	33	rules and regulations which shall require that all lawn care devices used in the state by January 1, 12
34	34	2027, shall have zero-emissions. These rules and regulations shall take into account issues of 13
35	35	affordability, accessibility and environmental equity, and shall include a plan to collect data from 14
36	36	retail businesses and lawn care businesses in order that the department may report to the general 15
37	37	assembly on the status of lawn care device use and the transition to one hundred percent (100%) 16
38	38	zero-emission lawn care devices in Rhode Island. 17
39	39	(c)(1) There is hereby established a restricted receipt fund within the office of energy 18
40	40	resources in the amount of two million five hundred thousand dollars ($2,500,000). 19
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44	44	(2) Said funds are subject to the enactment of an ordinance banning the use of gasoline 1
45	45	powered lawn equipment within any city or town by January 1, 2027. These funds shall be used to 2
46	46	reimburse cities and towns for an incentive or rebate program. 3
47	47	(3) The fund will provide an initial advance up to a maximum of one hundred thousand 4
48	48	dollars ($100,000) to any city or town upon the enactment of a qualifying ordinance based on the 5
49	49	expenditure records justifying any expenses of the city or town incurred after enactment of the 6
50	50	qualifying ordinance. 7
51	51	(4) Additional reimbursement of rebates or incentives in excess of the initial advance shall 8
52	52	be available within sixty (60) days of the approval of expenditure records up to a maximum of five 9
53	53	hundred thousand dollars ($500,000) per city or town. 10
54	54	(5) The funds awarded will be subject to refund from any city or town enacting an 11
55	55	ordinance which materially amends the ban set forth in this section or the prohibited equipment. 12
56	56	(d) The office of energy resources shall promulgate the applicable rules and regulations to 13
57	57	implement the incentive and rebate program by January 1, 2024. 14
58	58	(e) The general assembly shall annually appropriate sufficient funds to support this 15
59	59	program. 16
60	60	(f) Effective January 1, 2027, no person shall use a lawn care device with emissions in 17
61	61	Rhode Island. A civil fine shall be imposed as a sanction for any infraction of this section, based 18
62	62	upon a graduated schedule of fifty dollars ($50.00) for the first offense, one hundred dollars ($100) 19
63	63	for the second offense, and five hundred dollars ($500) for the third and subsequent offenses. The 20
64	64	department of environmental management shall accept location and date stamped videos from a 21
65	65	cellphone or other camera of prohibited lawn care device use as legal evidence of a violation. 22
66	66	SECTION 2. This act shall take effect upon passage. 23
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73	73	EXPLANATION
74	74	BY THE LEGISLATIVE COUNCIL
75	75	OF
76	76	A N A C T
77	77	RELATING TO HEALTH AND SAFETY -- AIR POLLUTION
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79	79	This act would mandate the enactment of a city or town ordinance banning the use of 1
80	80	gasoline powered lawn equipment by January 1, 2027. There would be a rebate program established 2
81	81	through a fund in the office of energy resources to reimburse cities and towns for incentive or rebate 3
82	82	programs to replace gas powered equipment. 4
83	83	This act would take effect upon passage. 5
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