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H 7622Pollution & Waste

Health and Safety - Refuse Disposal

This bill fixes a legal citation and authorizes the Department of Environmental Management to enforce food waste recycling rules.

Held for study
Population
Affected
35
Introduced Feb 11, 2026Committee House Environment and Natural Resources

Plain-English Summary

This legislation amends existing Rhode Island laws regarding the disposal of food waste. It primarily serves two purposes: first, it corrects a clerical error in a legal citation regarding the definition of "educational entities" subject to the law. Second, and more significantly, it explicitly authorizes the Department of Environmental Management (DEM) to issue and enforce rules and regulations necessary to implement the state's food waste ban. This grants the DEM the regulatory teeth to ensure that large institutions and schools comply with requirements to compost or recycle organic waste.

For younger readers

There are laws in Rhode Island that say big schools and businesses have to recycle their food scraps—like apple cores and leftover lunch—instead of throwing them in the regular trash. This helps the environment. This bill fixes a small mistake in the writing of the law so everyone knows exactly which schools have to follow the rules. It also gives the state government workers who protect nature the power to make sure everyone is actually following the recycling rules and to punish those who do not listen.

Who & Where It Applies

Impacted groups
Educational InstitutionsLarge Waste Generators (Commercial)Composting FacilitiesDepartment of Environmental ManagementWaste Management Companies
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
Amount unknown
Estimated revenue
Amount unknown

Bill Analysis

Both viewpoints
For Progressives
  • Strengthens environmental protection by explicitly empowering the Department of Environmental Management to enforce food waste bans, which helps reduce landfill use and methane emissions.
  • Ensures that large institutions and educational facilities are held accountable for their environmental footprint, promoting a culture of sustainability and community responsibility.
  • Closes technical loopholes by correcting legal citations, ensuring that the intended entities cannot escape their obligation to recycle organic waste due to clerical errors.
  • Does not allocate specific funding to help public schools cover the potential costs of complying with stricter enforcement of composting mandates, which could strain education budgets.
  • Maintains the existing waiver system that allows entities to opt out of recycling if it is cheaper to use the landfill, potentially prioritizing cost-savings over environmental justice.
  • Relies on a regulatory agency to define the specifics of enforcement without mandating specific community oversight or guaranteeing that the penalties will be severe enough to deter large corporate violators.
For Conservatives
  • Corrects a technical error in the law, ensuring that statutes are written clearly and accurately, which supports the principle of precise legislation and the rule of law.
  • Maintains the provision allowing businesses and schools to receive a waiver if recycling costs exceed the cost of regular trash disposal, protecting entities from excessive financial burdens.
  • Limits the regulatory authority by stating rules must not be inconsistent with existing provisions, theoretically preventing the agency from expanding its power beyond what the legislature intended.
  • Expands the administrative state by granting an unelected government agency (DEM) broad authority to create and enforce new regulations on private businesses and schools.
  • Increases the regulatory burden on educational institutions and businesses, potentially leading to higher operating costs and more government interference in daily operations.
  • Empowers the government to police the waste disposal habits of private entities, serving as another example of government overreach into the management of private property and resources.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 7 additions · 1 deletion

SECTION 1. 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, 2023, each educational entity (as defined in § 16-110-1 § 16- 111-1) shall ensure that the organic-waste materials that are generated by the educational entity are recycled at an authorized composting facility or anaerobic digestion facility or by another authorized recycling method if:

(1) The educational entity generates not less than thirty (30) tons per year of organic-waste material; and

(2) The educational entity is located not more than fifteen (15) miles from an authorized composting facility or anaerobic digestion facility with available capacity to accept such material.

(e) The department of environmental management is hereby authorized to issue and enforce rules and regulations that are not inconsistent with the provisions of chapter 18.9 of this title, or the rules and regulations issued under chapter 18.9 of this title, in order to implement and enforce the provisions of the food waste ban.

SECTION 2. This act shall take effect upon passage.