| 1 | 1 | | |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | 2025 -- H 6274 |
|---|
| 6 | 6 | | ======== |
|---|
| 7 | 7 | | LC002678 |
|---|
| 8 | 8 | | ======== |
|---|
| 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 HEALTH AND SAFETY -- REFUSE DISPOSAL |
|---|
| 16 | 16 | | Introduced By: Representatives DeSimone, Kazarian, Baginski, Voas, Alzate, Craven, |
|---|
| 17 | 17 | | and Slater |
|---|
| 18 | 18 | | Date Introduced: April 25, 2025 |
|---|
| 19 | 19 | | Referred To: House State Government & Elections |
|---|
| 20 | 20 | | |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | It is enacted by the General Assembly as follows: |
|---|
| 23 | 23 | | SECTION 1. Chapter 23-18.9 of the General Laws entitled "Refuse Disposal" is hereby 1 |
|---|
| 24 | 24 | | amended by adding thereto the following section: 2 |
|---|
| 25 | 25 | | 23-18.9-19. Commercial solid waste and recycling hours of operation. 3 |
|---|
| 26 | 26 | | (a) Except where prohibited or otherwise restricted by local ordinance, all persons and 4 |
|---|
| 27 | 27 | | entities engaged in the business of commercial solid waste collection and/or commercial recycling 5 |
|---|
| 28 | 28 | | collection may operate collection activities at any time between the hours of seven o’clock (7:00) 6 |
|---|
| 29 | 29 | | am and three o’clock (3:00) am on any day of the week. 7 |
|---|
| 30 | 30 | | (b) No person or entity shall use mobile waste compaction technology within the state as a 8 |
|---|
| 31 | 31 | | process to pulverize commercial waste and/or recyclable materials. For purposes of this section, 9 |
|---|
| 32 | 32 | | “mobile waste compaction technology” means utilization of a vehicle fitted with a crane and a 10 |
|---|
| 33 | 33 | | spiked metal roller, which work together to pulverize and effectively shred the waste and recyclable 11 |
|---|
| 34 | 34 | | materials contained in open-top roll-off dumpsters. 12 |
|---|
| 35 | 35 | | SECTION 2. Section 23-19-13 of the General Laws in Chapter 23-19 entitled "Rhode 13 |
|---|
| 36 | 36 | | Island Resource Recovery Corporation" is hereby amended to read as follows: 14 |
|---|
| 37 | 37 | | 23-19-13. Municipal participation in state program. 15 |
|---|
| 38 | 38 | | (a)(1) Any person or municipality which intends to transfer, treat, or dispose of solid waste 16 |
|---|
| 39 | 39 | | originating or collected within the state, or which intends to make arrangements to do so, shall 17 |
|---|
| 40 | 40 | | utilize, exclusively, a system or facility designated by the corporation as provided under this 18 |
|---|
| 41 | 41 | | chapter. All transfer stations in existence as of December 1, 1986, are empowered so long as they 19 |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | LC002678 - Page 2 of 7 |
|---|
| 45 | 45 | | maintain the appropriate license to continue their operations, and the corporation shall not exercise 1 |
|---|
| 46 | 46 | | its powers under this chapter to compete with their operation and activity. No municipality shall 2 |
|---|
| 47 | 47 | | have power to engage in, grant any license, or permit for or enter into any contract for the collection, 3 |
|---|
| 48 | 48 | | treatment, transportation, storage, or disposal of solid waste, and no municipality or any person 4 |
|---|
| 49 | 49 | | shall engage in any activities within the state, including disposal of solid waste, which would impair 5 |
|---|
| 50 | 50 | | the ability of the corporation to meet its contractual obligations to its bondholders and others, or 6 |
|---|
| 51 | 51 | | which would be in competition with the purposes of the corporation as provided in this chapter. 7 |
|---|
| 52 | 52 | | The corporation shall not be empowered to engage in the transportation, transfer, or storage of solid 8 |
|---|
| 53 | 53 | | waste, except in temporary situations where a municipality has defaulted in its obligation under this 9 |
|---|
| 54 | 54 | | section, or in conjunction with its activities at its disposal sites. Provided, however, that municipal 10 |
|---|
| 55 | 55 | | contracts which were in existence on March 1, 1985, are excepted from this requirement until 11 |
|---|
| 56 | 56 | | expiration of the original term of the contract or the expiration of any extension approved by the 12 |
|---|
| 57 | 57 | | corporation, or sooner termination of the contracts, and provided, further, that municipalities 13 |
|---|
| 58 | 58 | | operating their own landfills on December 1, 1986 shall be free to continue to use the landfills until 14 |
|---|
| 59 | 59 | | closure of the landfills. Without limiting the generality of the preceding, municipalities and persons 15 |
|---|
| 60 | 60 | | are expressly empowered to contract with the corporation and/or, subject to the approval of the 16 |
|---|
| 61 | 61 | | corporation, with a duly licensed private disposal facility for the disposal of solid wastes. The 17 |
|---|
| 62 | 62 | | approval shall be conditioned upon a finding by the board of commissioners of the corporation that 18 |
|---|
| 63 | 63 | | any proposed contract with a Rhode Island municipality or person is in conformity with the 19 |
|---|
| 64 | 64 | | statewide resource recovery system development plan and this chapter, and that the proposed 20 |
|---|
| 65 | 65 | | contract will not impair the ability of the corporation to meet its contractual obligations to its 21 |
|---|
| 66 | 66 | | bondholders and others. The contracts may have a maximum total term, including all renewals, of 22 |
|---|
| 67 | 67 | | up to fifty (50) years. 23 |
|---|
| 68 | 68 | | (2) The corporation shall charge fees for its solid waste management services that, together 24 |
|---|
| 69 | 69 | | with other revenues available to the corporation, will, at a minimum, be sufficient to provide for 25 |
|---|
| 70 | 70 | | the support of the corporation and its operations on a self-sustaining basis, including debt service 26 |
|---|
| 71 | 71 | | on its bonds and other obligations. 27 |
|---|
| 72 | 72 | | (b) Insofar as the provisions of this chapter are inconsistent with the provisions of any other 28 |
|---|
| 73 | 73 | | laws of this state, general, special, or local, restricting the power of any municipality to enter into 29 |
|---|
| 74 | 74 | | long term contracts with the corporation, the provisions of this chapter shall be controlling. The 30 |
|---|
| 75 | 75 | | corporation shall provide suitable and appropriate assistance to communities under these 31 |
|---|
| 76 | 76 | | circumstances. Notwithstanding the preceding, if the corporation deems it desirable, it may from 32 |
|---|
| 77 | 77 | | time to time permit municipalities to contract among themselves for the disposal of their wastes. 33 |
|---|
| 78 | 78 | | (c) Municipalities, along with private producers of waste which contract with the 34 |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | |
|---|
| 81 | 81 | | LC002678 - Page 3 of 7 |
|---|
| 82 | 82 | | corporation for disposal of their wastes, shall continue to be free to make their own arrangements 1 |
|---|
| 83 | 83 | | for collection of wastes at the source and/or the hauling of wastes to the designated processing 2 |
|---|
| 84 | 84 | | and/or transfer stations, so long as those arrangements are in compliance with the provisions of 3 |
|---|
| 85 | 85 | | chapter 18.9 of this title and with this chapter, and any municipal license relating thereto. 4 |
|---|
| 86 | 86 | | (d) All municipalities and state agencies which are participants in the state waste disposal 5 |
|---|
| 87 | 87 | | program shall initiate a separation and recycling program within one year after the date on which 6 |
|---|
| 88 | 88 | | the resource recovery facility utilized by that municipality or agency is operational and accepting 7 |
|---|
| 89 | 89 | | waste for incineration. 8 |
|---|
| 90 | 90 | | (e)(1) The corporation and any municipality may enter into a contract or contracts 9 |
|---|
| 91 | 91 | | providing for or relating to the disposal of solid waste originating in the municipality and the cost 10 |
|---|
| 92 | 92 | | and expense of the disposal. 11 |
|---|
| 93 | 93 | | (2) The contract may be made with or without consideration and for a specified or 12 |
|---|
| 94 | 94 | | unspecified time not to exceed fifty (50) years, and on any terms and conditions which may be 13 |
|---|
| 95 | 95 | | approved by the municipality and which may be agreed to by the corporation in conformity with 14 |
|---|
| 96 | 96 | | its contracts with the holders of any bonds or other obligations. Subject to the contracts with the 15 |
|---|
| 97 | 97 | | holders of bonds, the municipality is authorized and directed to do and perform any and all acts or 16 |
|---|
| 98 | 98 | | things necessary, convenient, or desirable to carry out and perform the contract and to provide for 17 |
|---|
| 99 | 99 | | the payment or discharge of any obligation under the contract in the same manner as other 18 |
|---|
| 100 | 100 | | obligations of the municipality. 19 |
|---|
| 101 | 101 | | (3) All municipalities that contract with the corporation for the disposal of solid waste shall 20 |
|---|
| 102 | 102 | | prepare as an addendum to its fiscal year 2010 contract with the corporation and any contracts with 21 |
|---|
| 103 | 103 | | the corporation for the subsequent years a plan that includes a description of the process by which 22 |
|---|
| 104 | 104 | | thirty-five percent (35%) of its solid waste will be recycled and fifty percent (50%) of its solid 23 |
|---|
| 105 | 105 | | waste will be diverted beginning July 1, 2012. This addendum shall include a residential and 24 |
|---|
| 106 | 106 | | municipal waste stream evaluation, a plan for the reduction of solid waste and recyclables generated 25 |
|---|
| 107 | 107 | | and the process by which recyclable materials are to be segregated. The corporation shall have the 26 |
|---|
| 108 | 108 | | right to execute or deny execution of the municipal solid waste and recycling services contract 27 |
|---|
| 109 | 109 | | pending approval of the addendum. Once the corporation approves this addendum, the municipality 28 |
|---|
| 110 | 110 | | must implement the plan and report on the results annually to the corporation. The corporation shall 29 |
|---|
| 111 | 111 | | enforce the provisions of this section pursuant to subdivision (g)(3). 30 |
|---|
| 112 | 112 | | (4) The corporation shall notify every city or town that it contracts with as to the addendum 31 |
|---|
| 113 | 113 | | requirements that must be included in contracts to recycle thirty-five percent (35%) and divert fifty 32 |
|---|
| 114 | 114 | | percent (50%) of solid waste beginning July 1, 2012. 33 |
|---|
| 115 | 115 | | (f) The municipalities and the state have shared responsibility for the payment of the cost 34 |
|---|
| 116 | 116 | | |
|---|
| 117 | 117 | | |
|---|
| 118 | 118 | | LC002678 - Page 4 of 7 |
|---|
| 119 | 119 | | of municipal solid waste disposal. The state will pay its share of the cost of the solid waste disposal 1 |
|---|
| 120 | 120 | | services to be provided by the corporation to the municipalities at its solid waste management 2 |
|---|
| 121 | 121 | | facilities and its central landfill in the town of Johnston, and at any back-up facility which the 3 |
|---|
| 122 | 122 | | corporation is required to provide, by providing solid waste disposal operating subsidies as 4 |
|---|
| 123 | 123 | | provided in subsections (i) and (j). 5 |
|---|
| 124 | 124 | | (g)(1) The corporation shall charge each municipality with which it has a long-term 6 |
|---|
| 125 | 125 | | contract for solid waste disposal services a tipping fee per ton of source separated solid waste 7 |
|---|
| 126 | 126 | | excluding separated recyclable materials, sludge, and demolition debris delivered to any 8 |
|---|
| 127 | 127 | | corporation facility computed in accordance with this subsection. For purposes of this chapter, 9 |
|---|
| 128 | 128 | | “fiscal year” shall mean the twelve-month period, July 1 to June 30. The municipal tipping fee shall 10 |
|---|
| 129 | 129 | | be equal to one hundred seven and one-half percent (107.5%) of the prior fiscal year’s municipal 11 |
|---|
| 130 | 130 | | tipping fee through the end of the 2009 fiscal year. One dollar and ten cents ($1.10) per ton on all 12 |
|---|
| 131 | 131 | | garbage, including recycled garbage, collected by the corporation as tipping fee shall be paid to the 13 |
|---|
| 132 | 132 | | town of Johnston. In addition to any other fees the corporation shall also charge a three dollar 14 |
|---|
| 133 | 133 | | ($3.00) tipping fee per vehicle. Any vehicle carrying municipal solid waste shall be exempt from 15 |
|---|
| 134 | 134 | | this three dollar ($3.00) tipping fee. All fees collected shall be paid to the town of Johnston on a 16 |
|---|
| 135 | 135 | | biannual basis. No tipping fee shall be charged for recyclable materials delivered to a recycling 17 |
|---|
| 136 | 136 | | facility provided by or through the corporation. 18 |
|---|
| 137 | 137 | | (2) Notwithstanding the provisions of subdivision (g)(1), the municipal tipping fee may be 19 |
|---|
| 138 | 138 | | increased, if, due to the commencement of operation of a new resource recovery facility during the 20 |
|---|
| 139 | 139 | | previous fiscal year, the state subsidy as calculated pursuant to subsection (i), not considering 21 |
|---|
| 140 | 140 | | landfill revenues and losses, is projected to be greater than the state subsidy projected by the 22 |
|---|
| 141 | 141 | | corporation and the department of administration when the projections were officially accepted by 23 |
|---|
| 142 | 142 | | the corporation on the basis of contracts entered into for the initial resource recovery facility. The 24 |
|---|
| 143 | 143 | | amount by which the projected state subsidy exceeds the original projections will be apportioned 25 |
|---|
| 144 | 144 | | between the state and the municipalities in the same ratio as the state subsidy for the previous year 26 |
|---|
| 145 | 145 | | divided by the number of tons of municipal solid waste processed by the corporation bears to the 27 |
|---|
| 146 | 146 | | municipal tipping fee for that year. The increased municipal tipping fee herein provided shall be 28 |
|---|
| 147 | 147 | | subject to the same escalation factor as the municipal tipping fee set forth above. 29 |
|---|
| 148 | 148 | | (3) The corporation shall establish in the contract, the maximum amount of municipal solid 30 |
|---|
| 149 | 149 | | waste that each municipality will be entitled to deliver to the corporation at the municipal tipping 31 |
|---|
| 150 | 150 | | fee. Solid waste in excess of the contract amount will be charged to the municipality at the non-32 |
|---|
| 151 | 151 | | municipal rate. In determining the maximum amount of municipal solid waste which will qualify 33 |
|---|
| 152 | 152 | | for the municipal tipping fee, the corporation shall consider the municipality’s solid waste per 34 |
|---|
| 153 | 153 | | |
|---|
| 154 | 154 | | |
|---|
| 155 | 155 | | LC002678 - Page 5 of 7 |
|---|
| 156 | 156 | | capita average, the statewide solid waste per capita average, and any other factors that it shall deem 1 |
|---|
| 157 | 157 | | appropriate. 2 |
|---|
| 158 | 158 | | (4) Seaweed collected and removed by a municipality shall be deemed “yard waste” for 3 |
|---|
| 159 | 159 | | purposes of this chapter and any rules, regulations and/or plans promulgated by the corporation 4 |
|---|
| 160 | 160 | | pursuant to this chapter, and shall be accepted by the corporation at the same rate and cost as all 5 |
|---|
| 161 | 161 | | other municipal yard waste. 6 |
|---|
| 162 | 162 | | (h) The corporation, after the initial resource recovery facility becomes operational, shall 7 |
|---|
| 163 | 163 | | charge each non-municipal user of its facilities a fee per ton equal to the projected annual resource 8 |
|---|
| 164 | 164 | | recovery system cost less energy revenues and interest earnings on bond reserve funds, if any, 9 |
|---|
| 165 | 165 | | divided by the projected tons to be processed by the corporation at its resource facilities for the 10 |
|---|
| 166 | 166 | | year. Landfill costs shall not be considered in the calculation unless landfill costs exceed revenues 11 |
|---|
| 167 | 167 | | generated at the landfills; in those cases, excess landfill costs will be added to the system costs. 12 |
|---|
| 168 | 168 | | (i) The annual state subsidy for the cost of disposal of municipal solid waste shall be 13 |
|---|
| 169 | 169 | | calculated for each fiscal year or portion of each fiscal year according to the following formula: 14 |
|---|
| 170 | 170 | | The annual state subsidy shall equal the total projected annual resource recovery system costs 15 |
|---|
| 171 | 171 | | (minus costs associated with the central landfill) for the next fiscal year less the sum of the 16 |
|---|
| 172 | 172 | | following: (1) projected resource recovery system revenues for the year; and (2) projected landfill 17 |
|---|
| 173 | 173 | | revenues; provided, however, that in the event that the landfill is projected to operate at a loss, the 18 |
|---|
| 174 | 174 | | amount of the loss shall be added to the subsidy. 19 |
|---|
| 175 | 175 | | (j)(1) On or before October 1 of each year, the corporation shall submit a budget to the 20 |
|---|
| 176 | 176 | | director of administration for the succeeding fiscal year using actual resource recovery system 21 |
|---|
| 177 | 177 | | revenues and costs, and the audit of the preceding fiscal year prepared by the corporation’s 22 |
|---|
| 178 | 178 | | independent auditors and accepted by the auditor general. On or before December 1 of each year, 23 |
|---|
| 179 | 179 | | the director of administration, in consultation with the corporation, shall review the budget of the 24 |
|---|
| 180 | 180 | | corporation and shall determine and certify the annual state subsidy for the succeeding fiscal year 25 |
|---|
| 181 | 181 | | to the governor who shall submit to the general assembly printed copies of a budget which shall 26 |
|---|
| 182 | 182 | | include the state subsidy as previously determined in this subsection. The state subsidy 27 |
|---|
| 183 | 183 | | appropriation shall be on a system basis but shall contain specific appropriations for each resource 28 |
|---|
| 184 | 184 | | recovery facility. If the amount appropriated exceeds the amount needed for a specific facility, the 29 |
|---|
| 185 | 185 | | corporation, with the approval of the director of administration, may reallocate the appropriated but 30 |
|---|
| 186 | 186 | | unadvanced funds to other corporation facilities or costs. If the audit prepared by the corporation’s 31 |
|---|
| 187 | 187 | | independent auditors indicates that the amounts appropriated and disbursed to the corporation as a 32 |
|---|
| 188 | 188 | | subsidy were in excess of the amounts which would have been required for the year if actual 33 |
|---|
| 189 | 189 | | resource recovery system revenues and costs had been used in the calculation of the subsidy, the 34 |
|---|
| 190 | 190 | | |
|---|
| 191 | 191 | | |
|---|
| 192 | 192 | | LC002678 - Page 6 of 7 |
|---|
| 193 | 193 | | excess shall be credited against the current fiscal year’s subsidy. 1 |
|---|
| 194 | 194 | | (2) At any time, if the corporation determines that the state subsidy will be insufficient to 2 |
|---|
| 195 | 195 | | discharge the corporation’s obligations for the current fiscal year, it shall request, in writing, to the 3 |
|---|
| 196 | 196 | | director of administration for a supplemental appropriation. After review, the director of 4 |
|---|
| 197 | 197 | | administration will recommend to the governor additional funding for the corporation, and the 5 |
|---|
| 198 | 198 | | governor after further review, shall submit a supplemental appropriation bill request for the funds 6 |
|---|
| 199 | 199 | | to the general assembly. 7 |
|---|
| 200 | 200 | | (3) From the appropriations made by the general assembly, the state controller is authorized 8 |
|---|
| 201 | 201 | | and directed to draw his or her orders upon the general treasurer every month for the payment of 9 |
|---|
| 202 | 202 | | those sums that may be required upon receipt by him or her of properly authenticated vouchers. 10 |
|---|
| 203 | 203 | | (k) If, in any fiscal year, the appropriation for the state subsidy is not made and if the 11 |
|---|
| 204 | 204 | | corporation has insufficient other funds to discharge its obligations to holders of its bonds and notes 12 |
|---|
| 205 | 205 | | as certified by the state auditor general, the corporation shall be empowered to charge both 13 |
|---|
| 206 | 206 | | municipal and non-municipal users whatever fees are necessary to discharge its obligations to 14 |
|---|
| 207 | 207 | | holders of its bonds and notes, and the municipal tipping fee set forth in subsection (g) shall not be 15 |
|---|
| 208 | 208 | | applicable for the fiscal year. 16 |
|---|
| 209 | 209 | | (l) On or after the date established for separation of recyclable solid waste in the statewide 17 |
|---|
| 210 | 210 | | plan for separation of recyclables by the department of environmental management, only 18 |
|---|
| 211 | 211 | | segregated solid waste shall be accepted at the corporation’s facilities. 19 |
|---|
| 212 | 212 | | (m) Costs associated with participation in the state program shall not constitute state 20 |
|---|
| 213 | 213 | | mandated costs under § 45-13-7. 21 |
|---|
| 214 | 214 | | (n) All commercial recycling collection shall be conducted in accordance with the 22 |
|---|
| 215 | 215 | | provisions of § 23-18.9-19. 23 |
|---|
| 216 | 216 | | SECTION 3. This act shall take effect upon passage. 24 |
|---|
| 217 | 217 | | ======== |
|---|
| 218 | 218 | | LC002678 |
|---|
| 219 | 219 | | ======== |
|---|
| 220 | 220 | | |
|---|
| 221 | 221 | | |
|---|
| 222 | 222 | | LC002678 - Page 7 of 7 |
|---|
| 223 | 223 | | EXPLANATION |
|---|
| 224 | 224 | | BY THE LEGISLATIVE COUNCIL |
|---|
| 225 | 225 | | OF |
|---|
| 226 | 226 | | A N A C T |
|---|
| 227 | 227 | | RELATING TO HEALTH AND SAFETY -- REFUSE DISPOSAL |
|---|
| 228 | 228 | | *** |
|---|
| 229 | 229 | | This act would allow the commercial collection of solid waste and recycling materials 1 |
|---|
| 230 | 230 | | between the hours of seven o’clock (7:00) am and three o’clock (3:00) am seven days a week 2 |
|---|
| 231 | 231 | | provided the hours of operation are not in conflict with local ordinances. It would also ban the use 3 |
|---|
| 232 | 232 | | of mobile waste compaction technology for recycling. 4 |
|---|
| 233 | 233 | | This act would take effect upon passage. 5 |
|---|
| 234 | 234 | | ======== |
|---|
| 235 | 235 | | LC002678 |
|---|
| 236 | 236 | | ======== |
|---|