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.
