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H 8431Pollution & Waste

Health and Safety - Refuse Disposal

This bill bans the construction or operation of pyrolysis waste-processing facilities within one mile of any K-12 school.

Introduced
Population
Affected
25
Introduced Apr 10, 2026Committee House Environment and Natural Resources

Plain-English Summary

This bill prohibits the construction or operation of pyrolysis facilities—plants that use high heat in a low-oxygen environment to break down solid waste like plastics—within one mile of a public or private K-12 school. The distance is measured in a straight line from property line to property line. The Rhode Island Department of Environmental Management is forbidden from issuing permits for any facility that violates this rule, and the restriction cannot be waived by any state or local authority. The prohibition begins on July 1, 2026.

For younger readers

This bill makes a new rule about where certain factories can be built. It says that a "pyrolysis facility"—a factory that uses very high heat to melt down trash and plastic into other materials—cannot be built or run if it is closer than one mile to a school. This rule applies to all schools from kindergarten through 12th grade. The government is not allowed to make any exceptions to this rule, making sure the air and area around schools stays safe.

Who & Where It Applies

Impacted groups
StudentsSchool staffWaste management companiesIndustrial developersRhode Island Department of Environmental Management
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Protects the health and safety of children by ensuring industrial waste-processing facilities are kept at a safe distance from schools, minimizing exposure to potential pollutants and toxic byproducts.
  • Imposes strict environmental regulations on industrial operations, aligning with environmental justice goals to prevent industrial pollution in community-centric areas.
  • Mandates a strict, non-waivable requirement, preventing corporations from using wealth or political influence to bypass environmental protections or secure loopholes from local authorities.
  • The one-mile limit specifically applies to schools, potentially leaving other vulnerable populations, such as residents in low-income housing or nursing homes, unprotected from industrial pollution.
  • By limiting where these facilities can be built, it might inadvertently push these industrial sites into marginalized communities that happen to lack schools within a one-mile radius, potentially exacerbating environmental racism.
  • Delays the start of the prohibition until July 1, 2026, creating a window where corporations could potentially rush the approval or construction of facilities before the deadline takes effect.
For Conservatives
  • Protects local communities and families by keeping industrial waste facilities away from areas where children learn and play, supporting family-centric values and safe educational environments.
  • Provides clear, unambiguous regulatory boundaries for businesses, allowing companies to know exactly where they can and cannot invest in land for new facilities.
  • Preserves property values and the aesthetic quality of school districts by preventing heavy industrial development near educational institutions.
  • Infringes on private property rights and corporate freedom by strictly dictating where businesses can build and operate their facilities.
  • Strips local municipalities of their authority by forbidding them from granting waivers, centralizing power at the state level instead of allowing local control over zoning.
  • Imposes strict regulations that could deter industrial development, job creation, and investment in the state's waste management and energy sectors.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 27 additions

SECTION 1. Chapter 23-18.9 of the General Laws entitled "Refuse Disposal" is hereby amended by adding thereto the following section: 23-18.9-19. Siting restrictions for pyrolysis facilities.

(a) Definitions. As used in this section:

(1) "Pyrolysis facility" means any facility or operation that thermally decomposes solid waste, including plastics or other organic materials, in an oxygen-limited or oxygen-free environment for the purpose of producing fuel, gas, oil, char, or other byproducts. The term shall include any preprocessing, storage, or handling of feedstock or byproducts conducted as part of such operation.

(2) "School" means any public or private elementary or secondary school, including charter schools, approved by the Rhode Island department of education and serving students in any of grades kindergarten through twelve (k-12).

(b) Prohibition. Effective July 1, 2026, no person shall site, construct, install, expand, or operate a pyrolysis facility within one mile of the property line of any school.

(c) Measurement. The distance required under subsection (b) of this section shall be measured in a straight line from the nearest property boundary of the proposed pyrolysis facility to the nearest property boundary of the school.

(d) Permitting. The Rhode Island department of environmental management shall not issue any permit, license, or approval for a pyrolysis facility that does not comply with the requirements of this section.

(e) Non-waiver. The requirements of this section shall be mandatory and shall not be waived by the department or any other state or municipal authority.

(f) Relationship to other laws. The provisions of this section shall be in addition to, and not in lieu of, any other applicable requirements under this chapter or any other provision of the general laws or regulations.

SECTION 2. This act shall take effect upon passage.