Rhode Island 2025 Regular Session

Rhode Island House Bill H5422 Compare Versions

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

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5	5	2025 -- H 5422
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7	7	LC000286
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO EDUCATION -- SCHOOL WASTE RECYCLING AND REFUSE DISPOSAL
16	16	Introduced By: Representatives Carson, Kislak, Fogarty, Cotter, McGaw, Donovan,
17	17	Speakman, Tanzi, Cortvriend, and Boylan
18	18	Date Introduced: February 12, 2025
19	19	Referred To: House Education
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Sections 16-111-1, 16-111-2, 16-111-4, 16-111-5 and 16-111-7 of the 1
24	24	General Laws in Chapter 16-111 entitled "School Waste Recycling and Refuse Disposal" are 2
25	25	hereby amended to read as follows: 3
26	26	16-111-1. Definitions. 4
27	27	As used in this chapter. 5
28	28	(1) “Educational entity” or “educational entities” means all Rhode Island school districts, 6
29	29	including a single school district, regional school district, multiple school districts, any public or 7
30	30	private school grades kindergarten through twelve (K-12), any charter public school, or any career 8
31	31	and technical high school. 9
32	32	(2) "Sharing table" means a department of health-approved designated location in a school 10
33	33	cafeteria where students or staff can place: 11
34	34	(i) Unopened, prepackaged, shelf stable items including, but not limited to, granola bars, 12
35	35	cereal packs, crackers, and drinks; 13
36	36	(ii) Wrapped fruit and vegetables and fruits with a thick skin including, but not limited to, 14
37	37	bananas, oranges, and washed apples; provided that, the peel is intact; and 15
38	38	(iii) Unopened, prepackaged perishable food items; provided that, a temperature control 16
39	39	mechanism is in place to maintain a safe temperature for the food items. 17
40	40	(2)(3) “Waste audit” means an analysis of a facility’s waste stream. The audit can identify 18
41	41	what types of recyclable materials and waste a facility generates; how much of each category is 19
42	42
43	43
44	44	LC000286 - Page 2 of 7
45	45	recovered for recycling or discarded; and what materials can be composted. 1
46	46	16-111-2. Waste audit/report. 2
47	47	(a) On or after January 1, 2022, and every three (3) years thereafter, every educational 3
48	48	entity shall coordinate and cooperate with the Rhode Island resource recovery corporation (RIRRC) 4
49	49	for the purpose of conducting school waste audits. These audits shall produce waste management 5
50	50	reports that shall be collected, maintained, and delivered to the educational entity. The waste audits 6
51	51	shall be performed at every educational entity. 7
52	52	(b) Waste audits and any reports required herein shall include guidelines and strategies on 8
53	53	reducing waste for each educational entity to incorporate into its food waste reduction and recycling 9
54	54	programs in an effort to eliminate food waste, promote recycling, and provide food to local 10
55	55	communities. 11
56	56	(c) Educational entities, using the guidelines and strategies pursuant to subsection (b), shall 12
57	57	design and implement a waste collection system in accordance with applicable state law for the 13
58	58	diversion of items including, but not limited to, paper, books, furniture, computers, office supplies, 14
59	59	plastic, glass, cardboard, and surplus foods. 15
60	60	(d) Notwithstanding any other provision of law, any waste audit conducted pursuant to this 16
61	61	section shall be provided free of charge by the RIRRC. 17
62	62	(e) Effective January 1, 2026, and every three (3) years thereafter, educational entities shall 18
63	63	report the results of any waste audit conducted pursuant to this section to the commissioner of the 19
64	64	Rhode Island department of education who shall publish the results of the audit on the department 20
65	65	website. 21
66	66	16-111-4. Food service — Local sources preferred. 22
67	67	It shall be the policy of the state, the department of education, and any educational entity 23
68	68	to encourage require that any request for proposal (RFP) or invitation for bid (IFB) to a food service 24
69	69	company (vendor) to provide food services to an educational entity encourage the use of a vendor 25
70	70	that purchases ten percent (10%) of the required food service product from a Rhode Island-based 26
71	71	food service company. In addition, it shall also be the policy of the state, the department of 27
72	72	education, and any educational entity, to encourage the only use of vendors who recycle organic-28
73	73	waste materials at an authorized composting facility, an anaerobic digestion facility, or by another 29
74	74	authorized recycling method, regardless of whether the entity purchasing the services is or is not 30
75	75	an educational entity, or a covered entity or a covered educational institution pursuant to the 31
76	76	provisions of § 23-18.9-7. Any food service company that fails to comply with the provisions of 32
77	77	this section shall be prohibited from participating in any additional RFPs or IFBs for food service 33
78	78	for educational entities until such compliance is met. 34
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82	82	16-111-5. Food donations by food service companies. 1
83	83	(a) It shall be the policy of the state, the department of education, and any educational entity 2
84	84	to require that any request for proposal (RFP) to select a food service company (vendor) to provide 3
85	85	food services to an educational entity shall require the vendor to donate any unserved nonperishable 4
86	86	or unspoiled perishable food to local food banks or the Rhode Island Food Bank in accordance with 5
87	87	the recommendations from the Rhode Island department of health “The Road to End Hunger” 6
88	88	initiative. 7
89	89	(b) Vendors required to donate nonperishable and unspoiled perishable food to local food 8
90	90	banks or the Rhode Island Food Bank shall initially make arrangements for the provision 9
91	91	accommodations necessary to carry out the provisions of this section. 10
92	92	(c) Except for injury resulting from gross negligence or intentional misconduct in the 11
93	93	preparation or handling of donated food, no educational entity, person, or vendor who or that 12
94	94	donates food that is fit for human consumption at the time it was donated, as required by subsection 13
95	95	(a), shall be liable for any damage or injury resulting from the consumption of the donated food. 14
96	96	(d) The immunity from civil liability provided by this section applies regardless of 15
97	97	compliance with any laws, regulations, or ordinances regulating the packaging or labeling of food, 16
98	98	and regardless of compliance with any laws, regulations, or ordinances regulating the storage or 17
99	99	handling of the food by the donee after the donation of the food. The donation of nonperishable 18
100	100	food that is fit for human consumption but that has exceeded the labeled shelf life date 19
101	101	recommended by the manufacturer is protected pursuant to this section. The donation of perishable 20
102	102	food that is fit for human consumption but that has exceeded the labeled shelf life date 21
103	103	recommended by the manufacturer is protected pursuant to this section if the person who distributes 22
104	104	the food to the end recipient makes a good faith evaluation that the food to be donated is 23
105	105	wholesome. 24
106	106	(e) The local food bank or Rhode Island Food Bank that, in good faith, receives and 25
107	107	distributes food without charge, pursuant to subsection (a), that is fit for human consumption at the 26
108	108	time it was distributed is not liable for any injury or death due to the food unless the injury or death 27
109	109	is a direct result of the gross negligence or intentional misconduct of the organization. 28
110	110	(f) Vendors pursuant to subsection (a) of this section shall provide an annual report to the 29
111	111	Rhode Island department of education on a form prepared by the department, detailing the amount 30
112	112	of unserved nonperishable or unspoiled perishable food donated pursuant to subsection (a) of this 31
113	113	section and shall also provide information relative to any tax deduction or credit utilized by the 32
114	114	vendor due to donations made pursuant to this section. Information required by this subsection shall 33
115	115	be published on the RIDE website. Failure of any vendor to comply with the provisions of this 34
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118	118	LC000286 - Page 4 of 7
119	119	section shall result in a one thousand dollar ($1,000) fine per violation and the vendor shall be 1
120	120	prohibited from participating in any future RFP or IFB for food service for educational entities. 2
121	121	16-111-7. Rules and regulations. 3
122	122	The commissioner is hereby authorized directed to promulgate whatever rules and 4
123	123	regulations may be required to implement this chapter and shall annually provide notice to all 5
124	124	educational entities of the department’s school waste disposal and refuse disposal policies. The 6
125	125	rules and regulations required pursuant to this section shall be promulgated no later than January 7
126	126	1, 2026. 8
127	127	SECTION 2. Chapter 16-111 of the General Laws entitled "School Waste Recycling and 9
128	128	Refuse Disposal" is hereby amended by adding thereto the following sections: 10
129	129	16-111-8. Certified environmental custodian. 11
130	130	Each educational entity shall require that at least one employee of the entity be certified in 12
131	131	the fundamentals of composting and recycling. Certification pursuant to this section may be 13
132	132	achieved through in-person or virtual instruction with a program approved by the commissioner. 14
133	133	The certification required by this section shall be administered by the department of environmental 15
134	134	management, in coordination with the Rhode Island resource recovery corporation, and shall be 16
135	135	achieved by January 1, 2027, at each educational entity. 17
136	136	16-111-9. Share tables. 18
137	137	(a) An educational entity may do both of the following to minimize waste and to reduce 19
138	138	food insecurity: 20
139	139	(1) Provide sharing tables where food service staff, students, and faculty may return 21
140	140	appropriate food items and make those food items available to students during the course of a 22
141	141	regular school meal time. 23
142	142	(2) Allow the food placed on the sharing tables that is not taken by a student during the 24
143	143	course of a regular school meal time in accordance with subsection (a)(1) of this section to be 25
144	144	donated to a food bank or any other nonprofit charitable organization. 26
145	145	(b) Donations of food or food made available to students during the course of a regular 27
146	146	school meal time pursuant to this section may include prepackaged food with the packaging still 28
147	147	intact and in good condition, whole uncut produce that is packaged and/or wrapped or has a thick 29
148	148	skin or produce providing the skin of the produce is intact before donation, unopened bags of sliced 30
149	149	fruit, unopened containers of milk that are immediately stored in a cooling bin maintained at forty-31
150	150	one degrees Fahrenheit (41°F) or below, and perishable prepackaged food if it is placed in a proper 32
151	151	temperature-controlled environment. 33
152	152	(c) When an educational entity makes food available to students during the course of a 34
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154	154
155	155	LC000286 - Page 5 of 7
156	156	regular school meal time or donates food to a food bank or any other nonprofit charitable 1
157	157	organization for distribution, the preparation, safety, and donation of food shall be consistent with 2
158	158	relevant provisions of the Rhode Island food code (216-RICR-50-10-1) and approved the 3
159	159	department of health. 4
160	160	SECTION 3. Section 23-18.9-17 of the General Laws in Chapter 23-18.9 entitled "Refuse 5
161	161	Disposal" is hereby amended to read as follows: 6
162	162	23-18.9-17. Food waste ban. 7
163	163	(a) On and after January 1, 2016, each covered entity and each covered educational 8
164	164	institution shall ensure that the organic-waste materials that are generated by the covered entity or 9
165	165	at the covered educational facility are recycled at an authorized composting facility or anaerobic 10
166	166	digestion facility or by another authorized recycling method if: 11
167	167	(1) The covered entity or covered educational facility generates not less than one hundred 12
168	168	four (104) tons per year of organic-waste material; and 13
169	169	(2) The covered entity or covered educational facility is located not more than fifteen (15) 14
170	170	miles from an authorized composting facility or anaerobic digestion facility with available capacity 15
171	171	to accept such material. 16
172	172	(b) On and after January 1, 2018 2028, each covered educational institution shall ensure 17
173	173	that the all organic-waste materials that are generated at the covered educational facility are 18
174	174	recycled at an authorized composting facility or anaerobic digestion facility or by another 19
175	175	authorized recycling method if:. 20
176	176	(1) The covered educational facility generates not less than fifty-two (52) tons per year of 21
177	177	organic-waste material; and 22
178	178	(2) The covered entity or covered educational facility is located not more than fifteen (15) 23
179	179	miles from an authorized composting facility or anaerobic digestion facility with available capacity 24
180	180	to accept such material. 25
181	181	(c) The director shall grant a waiver of the requirements of subsections (a) and (b) upon a 26
182	182	showing that the tipping fee charged by the Rhode Island resource recovery corporation for non-27
183	183	contract commercial sector waste is less than the fee charged for organic-waste material by each 28
184	184	composting facility or anaerobic digestion facility located within fifteen (15) miles of the covered 29
185	185	entity’s location. 30
186	186	(d)(b) On and after January 1, 2023, each educational entity (as defined in § 16-110-1) shall 31
187	187	ensure that the organic-waste materials that are generated by the educational entity are recycled at 32
188	188	an authorized composting facility or anaerobic digestion facility or by another authorized recycling 33
189	189	method if: 34
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191	191
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193	193	(1) The educational entity generates not less than thirty (30) tons per year of organic-waste 1
194	194	material; and 2
195	195	(2) The educational entity is located not more than fifteen (15) miles from an authorized 3
196	196	composting facility or anaerobic digestion facility with available capacity to accept such material. 4
197	197	SECTION 4. Section 16-22-35 of the General Laws in Chapter 16-22 entitled "Curriculum 5
198	198	[See Title 16 Chapter 97 — the Rhode Island Board of Education Act]" is hereby amended to read 6
199	199	as follows: 7
200	200	16-22-35. Littering prevention and recycling awareness program. 8
201	201	The department of elementary and secondary education shall, in collaboration with the 9
202	202	Rhode Island resource recovery corporation, prescribe a presentation on litter prevention, reducing 10
203	203	and reusing materials, and recycling awareness that shall be used to educate every public school 11
204	204	student including, elementary, and middle school and high school students student within the state 12
205	205	on a yearly basis. 13
206	206	SECTION 5. This act shall take effect upon passage. 14
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208	208	LC000286
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213	213	EXPLANATION
214	214	BY THE LEGISLATIVE COUNCIL
215	215	OF
216	216	A N A C T
217	217	RELATING TO EDUCATION -- SCHOOL WASTE RECYCLING AND REFUSE DISPOSAL
218	218	***
219	219	This act would amend the certain provisions relative to school waste recycling and refuse 1
220	220	disposal and would require reports of waste audits by educational entities and reports of program 2
221	221	participation by vendors. 3
222	222	This act would take effect upon passage. 4
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224	224	LC000286
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