§ 23-19-13 Municipal participation instate program. – (a) Any person or municipality which intends to transfer, treat, or dispose ofsolid waste originating or collected within the state, or which intends to makearrangements to do so, shall utilize, exclusively, a system or facilitydesignated by the corporation as provided under this chapter. All transferstations in existence as of December 1, 1986 are empowered so long as theymaintain the appropriate license to continue their operations, and thecorporation shall not exercise its powers under this chapter to compete withtheir operation and activity. No municipality shall have power to engage in,grant any license, or permit for or enter into any contract for the collection,treatment, transportation, storage, or disposal of solid waste, and nomunicipality or any person shall engage in any activities within the state,including disposal of solid waste, which would impair the ability of thecorporation to meet its contractual obligations to its bondholders and others,or which would be in competition with the purposes of the corporation asprovided in this chapter. The corporation shall not be empowered to engage inthe transportation, transfer, or storage of solid waste, except in temporarysituations where a municipality has defaulted in its obligation under thissection, or in conjunction with its activities at its disposal sites. Provided,however, that municipal contracts which were in existence on March 1, 1985, areexcepted from this requirement until expiration of the original term of thecontract or the expiration of any extension approved by the corporation, orsooner termination of the contracts, and provided, further, that municipalitiesoperating their own landfills on December 1, 1986 shall be free to continue touse the landfills until closure of the landfills. Without limiting thegenerality of the preceding, municipalities and persons are expressly empoweredto contract with the corporation and/or, subject to the approval of thecorporation, with a duly licensed private disposal facility for the disposal ofsolid wastes. The approval shall be conditioned upon a finding by the board ofcommissioners of the corporation that any proposed contract with a Rhode Islandmunicipality or person is in conformity with the statewide resource recoverysystem development plan and this chapter, and that the proposed contract willnot impair the ability of the corporation to meet its contractual obligationsto its bondholders and others. The contracts may have a maximum total term,including all renewals, of up to fifty (50) years.
(2) The corporation shall charge fees for its solid wastemanagement services that, together with other revenues available to thecorporation, will, at a minimum, be sufficient to provide for the support ofthe corporation and its operations on a self-sustaining basis, including debtservice on its bonds and other obligations.
(b) Insofar as the provisions of this chapter areinconsistent with the provisions of any other laws of this state, general,special, or local, restricting the power of any municipality to enter into longterm contracts with the corporation, the provisions of this chapter shall becontrolling. The corporation shall provide suitable and appropriate assistanceto communities under these circumstances. Notwithstanding the preceding, if thecorporation deems it desirable, it may from time to time permit municipalitiesto contract among themselves for the disposal of their wastes.
(c) Municipalities, along with private producers of wastewhich contract with the corporation for disposal of their wastes, shallcontinue to be free to make their own arrangements for collection of wastes atthe source and/or the hauling of wastes to the designated processing and/ortransfer stations, so long as those arrangements are in compliance with theprovisions of chapter 18.9 of this title and with this chapter, and anymunicipal license relating thereto.
(d) All municipalities and state agencies which areparticipants in the state waste disposal program shall initiate a separationand recycling program within one year after the date on which the resourcerecovery facility utilized by that municipality or agency is operational andaccepting waste for incineration.
(e) The corporation and any municipality may enter into acontract or contracts providing for or relating to the disposal of solid wasteoriginating in the municipality and the cost and expense of the disposal.
(2) The contract may be made with or without considerationand for a specified or unspecified time not to exceed fifty (50) years, and onany terms and conditions which may be approved by the municipality and whichmay be agreed to by the corporation in conformity with its contracts with theholders of any bonds or other obligations. Subject to the contracts with theholders of bonds, the municipality is authorized and directed to do and performany and all acts or things necessary, convenient, or desirable to carry out andperform the contract and to provide for the payment or discharge of anyobligation under the contract in the same manner as other obligations of themunicipality.
(3) All municipalities that contract with the corporation forthe disposal of solid waste shall prepare as an addendum to its fiscal year2010 contract with the corporation a plan that includes a description of theprocess by which thirty-five percent (35%) of its solid waste will be recycledand fifty percent (50%) of its solid waste will be diverted beginning July 1,2012. This addendum shall include a residential and municipal waste streamevaluation, a plan for the reduction of solid waste and recyclables generatedand the process by which recyclable materials are to be segregated. Thecorporation shall have the right to execute or deny execution of the municipalsolid waste and recycling services contract pending approval of the addendum.Once the corporation approves this addendum, the municipality must implementthe plan and report on the results annually to the corporation. The corporationshall enforce the provisions of this section pursuant to subdivision23-19-13(g)(3).
(4) The corporation shall notify every city or town that itcontracts with no later than August 1, 2008 as to the addendum requirementsthat must be included in the fiscal year 2010 contracts to recycle thirty-fivepercent (35%) and divert fifty percent (50%) of solid waste beginning July 1,2012.
(f) The municipalities and the state have sharedresponsibility for the payment of the cost of municipal solid waste disposal.The state will pay its share of the cost of the solid waste disposal servicesto be provided by the corporation to the municipalities at its solid wastemanagement facilities and its central landfill in the town of Johnston, and atany back-up facility which the corporation is required to provide, by providingsolid waste disposal operating subsidies as provided in subsections (i) and (j).
(g) The corporation shall charge each municipality with whichit has a long-term contract for solid waste disposal services a tipping fee perton of source separated solid waste excluding separated recyclable materials,sludge, and demolition debris delivered to any corporation facility computed inaccordance with this subsection. For purposes of this chapter, "fiscal year"shall mean the twelve-month period, July 1 to June 30. The municipal tippingfee shall be equal to one hundred seven and one-half percent (107.5%) of theprior fiscal year's municipal tipping fee through the end of the 2009 fiscalyear. One dollar and ten cents ($1.10) per ton on all garbage, includingrecycled garbage, collected by the corporation as tipping fee shall be paid tothe town of Johnston. In addition to any other fees the corporation shall alsocharge a three dollar ($3.00) tipping fee per vehicle. Any vehicle carryingmunicipal solid waste shall be exempt from this three dollar ($3.00) tippingfee. All fees collected shall be paid to the town of Johnston on a biannualbasis. No tipping fee shall be charged for recyclable materials delivered to arecycling facility provided by or through the corporation.
(2) Notwithstanding the provisions of subdivision (g)(1), themunicipal tipping fee may be increased, if, due to the commencement ofoperation of a new resource recovery facility during the previous fiscal year,the state subsidy as calculated pursuant to subsection (i), not consideringlandfill revenues and losses, is projected to be greater than the state subsidyprojected by the corporation and the department of administration when theprojections were officially accepted by the corporation on the basis ofcontracts entered into for the initial resource recovery facility. The amountby which the projected state subsidy exceeds the original projections will beapportioned between the state and the municipalities in the same ratio as thestate subsidy for the previous year divided by the number of tons of municipalsolid waste processed by the corporation bears to the municipal tipping fee forthat year. The increased municipal tipping fee herein provided shall be subjectto the same escalation factor as the municipal tipping fee set forth above.
(3) The corporation shall establish in the contract, themaximum amount of municipal solid waste that each municipality will be entitledto deliver to the corporation at the municipal tipping fee. Solid waste inexcess of the contract amount will be charged to the municipality at thenon-municipal rate. In determining the maximum amount of municipal solid wastewhich will qualify for the municipal tipping fee, the corporation shallconsider the municipality's solid waste per capita average, the statewide solidwaste per capita average, and any other factors that it shall deem appropriate.
(4) Seaweed collected and removed by a municipality shall bedeemed "yard waste" for purposes of this chapter and any rules, regulationsand/or plans promulgated by the corporation pursuant to this chapter, and shallbe accepted by the corporation at the same rate and cost as all other municipalyard waste.
(h) The corporation, after the initial resource recoveryfacility becomes operational, shall charge each non-municipal user of itsfacilities a fee per ton equal to the projected annual resource recovery systemcost less energy revenues and interest earnings on bond reserve funds, if any,divided by the projected tons to be processed by the corporation at itsresource facilities for the year. Landfill costs shall not be considered in thecalculation unless landfill costs exceed revenues generated at the landfills;in those cases, excess landfill costs will be added to the system costs.
(i) The annual state subsidy for the cost of disposal ofmunicipal solid waste shall be calculated for each fiscal year or portion ofeach fiscal year according to the following formula: The annual state subsidyshall equal the total projected annual resource recovery system costs (minuscosts associated with the central landfill) for the next fiscal year less thesum of the following: (1) projected resource recovery system revenues for theyear; and (2) projected landfill revenues; provided, however, that in the eventthat the landfill is projected to operate at a loss, the amount of the lossshall be added to the subsidy.
(j) On or before October 1 of each year, the corporationshall submit a budget to the director of administration for the succeedingfiscal year using actual resource recovery system revenues and costs, and theaudit of the preceding fiscal year prepared by the corporation's independentauditors and accepted by the auditor general. On or before December 1 of eachyear, the director of administration, in consultation with the corporation,shall review the budget of the corporation and shall determine and certify theannual state subsidy for the succeeding fiscal year to the governor who shallsubmit to the general assembly printed copies of a budget which shall includethe state subsidy as previously determined in this subsection. The statesubsidy appropriation shall be on a system basis but shall contain specificappropriations for each resource recovery facility. If the amount appropriatedexceeds the amount needed for a specific facility, the corporation, with theapproval of the director of administration, may reallocate the appropriated butunadvanced funds to other corporation facilities or costs. If the auditprepared by the corporation's independent auditors indicates that the amountsappropriated and disbursed to the corporation as a subsidy were in excess ofthe amounts which would have been required for the year if actual resourcerecovery system revenues and costs had been used in the calculation of thesubsidy, the excess shall be credited against the current fiscal year's subsidy.
(2) At any time, if the corporation determines that the statesubsidy will be insufficient to discharge the corporation's obligations for thecurrent fiscal year, it shall request, in writing, to the director ofadministration for a supplemental appropriation. After review, the director ofadministration will recommend to the governor additional funding for thecorporation, and the governor after further review, shall submit a supplementalappropriation bill request for the funds to the general assembly.
(3) From the appropriations made by the general assembly, thestate controller is authorized and directed to draw his or her orders upon thegeneral treasurer every month for the payment of those sums that may berequired upon receipt by him or her of properly authenticated vouchers.
(k) If, in any fiscal year, the appropriation for the statesubsidy is not made and if the corporation has insufficient other funds todischarge its obligations to holders of its bonds and notes as certified by thestate auditor general, the corporation shall be empowered to charge bothmunicipal and non-municipal users whatever fees are necessary to discharge itsobligations to holders of its bonds and notes, and the municipal tipping feeset forth in subsection (g) shall not be applicable for the fiscal year.
(l) On or after the date established for separation ofrecyclable solid waste in the statewide plan for separation of recyclables bythe department of environmental management, only segregated solid waste shallbe accepted at the corporation's facilities.
(m) Costs associated with participation in the state programshall not constitute state mandated costs under § 45-13-7.
§ 23-19-13 Municipal participation instate program. – (a) Any person or municipality which intends to transfer, treat, or dispose ofsolid waste originating or collected within the state, or which intends to makearrangements to do so, shall utilize, exclusively, a system or facilitydesignated by the corporation as provided under this chapter. All transferstations in existence as of December 1, 1986 are empowered so long as theymaintain the appropriate license to continue their operations, and thecorporation shall not exercise its powers under this chapter to compete withtheir operation and activity. No municipality shall have power to engage in,grant any license, or permit for or enter into any contract for the collection,treatment, transportation, storage, or disposal of solid waste, and nomunicipality or any person shall engage in any activities within the state,including disposal of solid waste, which would impair the ability of thecorporation to meet its contractual obligations to its bondholders and others,or which would be in competition with the purposes of the corporation asprovided in this chapter. The corporation shall not be empowered to engage inthe transportation, transfer, or storage of solid waste, except in temporarysituations where a municipality has defaulted in its obligation under thissection, or in conjunction with its activities at its disposal sites. Provided,however, that municipal contracts which were in existence on March 1, 1985, areexcepted from this requirement until expiration of the original term of thecontract or the expiration of any extension approved by the corporation, orsooner termination of the contracts, and provided, further, that municipalitiesoperating their own landfills on December 1, 1986 shall be free to continue touse the landfills until closure of the landfills. Without limiting thegenerality of the preceding, municipalities and persons are expressly empoweredto contract with the corporation and/or, subject to the approval of thecorporation, with a duly licensed private disposal facility for the disposal ofsolid wastes. The approval shall be conditioned upon a finding by the board ofcommissioners of the corporation that any proposed contract with a Rhode Islandmunicipality or person is in conformity with the statewide resource recoverysystem development plan and this chapter, and that the proposed contract willnot impair the ability of the corporation to meet its contractual obligationsto its bondholders and others. The contracts may have a maximum total term,including all renewals, of up to fifty (50) years.
(2) The corporation shall charge fees for its solid wastemanagement services that, together with other revenues available to thecorporation, will, at a minimum, be sufficient to provide for the support ofthe corporation and its operations on a self-sustaining basis, including debtservice on its bonds and other obligations.
(b) Insofar as the provisions of this chapter areinconsistent with the provisions of any other laws of this state, general,special, or local, restricting the power of any municipality to enter into longterm contracts with the corporation, the provisions of this chapter shall becontrolling. The corporation shall provide suitable and appropriate assistanceto communities under these circumstances. Notwithstanding the preceding, if thecorporation deems it desirable, it may from time to time permit municipalitiesto contract among themselves for the disposal of their wastes.
(c) Municipalities, along with private producers of wastewhich contract with the corporation for disposal of their wastes, shallcontinue to be free to make their own arrangements for collection of wastes atthe source and/or the hauling of wastes to the designated processing and/ortransfer stations, so long as those arrangements are in compliance with theprovisions of chapter 18.9 of this title and with this chapter, and anymunicipal license relating thereto.
(d) All municipalities and state agencies which areparticipants in the state waste disposal program shall initiate a separationand recycling program within one year after the date on which the resourcerecovery facility utilized by that municipality or agency is operational andaccepting waste for incineration.
(e) The corporation and any municipality may enter into acontract or contracts providing for or relating to the disposal of solid wasteoriginating in the municipality and the cost and expense of the disposal.
(2) The contract may be made with or without considerationand for a specified or unspecified time not to exceed fifty (50) years, and onany terms and conditions which may be approved by the municipality and whichmay be agreed to by the corporation in conformity with its contracts with theholders of any bonds or other obligations. Subject to the contracts with theholders of bonds, the municipality is authorized and directed to do and performany and all acts or things necessary, convenient, or desirable to carry out andperform the contract and to provide for the payment or discharge of anyobligation under the contract in the same manner as other obligations of themunicipality.
(3) All municipalities that contract with the corporation forthe disposal of solid waste shall prepare as an addendum to its fiscal year2010 contract with the corporation a plan that includes a description of theprocess by which thirty-five percent (35%) of its solid waste will be recycledand fifty percent (50%) of its solid waste will be diverted beginning July 1,2012. This addendum shall include a residential and municipal waste streamevaluation, a plan for the reduction of solid waste and recyclables generatedand the process by which recyclable materials are to be segregated. Thecorporation shall have the right to execute or deny execution of the municipalsolid waste and recycling services contract pending approval of the addendum.Once the corporation approves this addendum, the municipality must implementthe plan and report on the results annually to the corporation. The corporationshall enforce the provisions of this section pursuant to subdivision23-19-13(g)(3).
(4) The corporation shall notify every city or town that itcontracts with no later than August 1, 2008 as to the addendum requirementsthat must be included in the fiscal year 2010 contracts to recycle thirty-fivepercent (35%) and divert fifty percent (50%) of solid waste beginning July 1,2012.
(f) The municipalities and the state have sharedresponsibility for the payment of the cost of municipal solid waste disposal.The state will pay its share of the cost of the solid waste disposal servicesto be provided by the corporation to the municipalities at its solid wastemanagement facilities and its central landfill in the town of Johnston, and atany back-up facility which the corporation is required to provide, by providingsolid waste disposal operating subsidies as provided in subsections (i) and (j).
(g) The corporation shall charge each municipality with whichit has a long-term contract for solid waste disposal services a tipping fee perton of source separated solid waste excluding separated recyclable materials,sludge, and demolition debris delivered to any corporation facility computed inaccordance with this subsection. For purposes of this chapter, "fiscal year"shall mean the twelve-month period, July 1 to June 30. The municipal tippingfee shall be equal to one hundred seven and one-half percent (107.5%) of theprior fiscal year's municipal tipping fee through the end of the 2009 fiscalyear. One dollar and ten cents ($1.10) per ton on all garbage, includingrecycled garbage, collected by the corporation as tipping fee shall be paid tothe town of Johnston. In addition to any other fees the corporation shall alsocharge a three dollar ($3.00) tipping fee per vehicle. Any vehicle carryingmunicipal solid waste shall be exempt from this three dollar ($3.00) tippingfee. All fees collected shall be paid to the town of Johnston on a biannualbasis. No tipping fee shall be charged for recyclable materials delivered to arecycling facility provided by or through the corporation.
(2) Notwithstanding the provisions of subdivision (g)(1), themunicipal tipping fee may be increased, if, due to the commencement ofoperation of a new resource recovery facility during the previous fiscal year,the state subsidy as calculated pursuant to subsection (i), not consideringlandfill revenues and losses, is projected to be greater than the state subsidyprojected by the corporation and the department of administration when theprojections were officially accepted by the corporation on the basis ofcontracts entered into for the initial resource recovery facility. The amountby which the projected state subsidy exceeds the original projections will beapportioned between the state and the municipalities in the same ratio as thestate subsidy for the previous year divided by the number of tons of municipalsolid waste processed by the corporation bears to the municipal tipping fee forthat year. The increased municipal tipping fee herein provided shall be subjectto the same escalation factor as the municipal tipping fee set forth above.
(3) The corporation shall establish in the contract, themaximum amount of municipal solid waste that each municipality will be entitledto deliver to the corporation at the municipal tipping fee. Solid waste inexcess of the contract amount will be charged to the municipality at thenon-municipal rate. In determining the maximum amount of municipal solid wastewhich will qualify for the municipal tipping fee, the corporation shallconsider the municipality's solid waste per capita average, the statewide solidwaste per capita average, and any other factors that it shall deem appropriate.
(4) Seaweed collected and removed by a municipality shall bedeemed "yard waste" for purposes of this chapter and any rules, regulationsand/or plans promulgated by the corporation pursuant to this chapter, and shallbe accepted by the corporation at the same rate and cost as all other municipalyard waste.
(h) The corporation, after the initial resource recoveryfacility becomes operational, shall charge each non-municipal user of itsfacilities a fee per ton equal to the projected annual resource recovery systemcost less energy revenues and interest earnings on bond reserve funds, if any,divided by the projected tons to be processed by the corporation at itsresource facilities for the year. Landfill costs shall not be considered in thecalculation unless landfill costs exceed revenues generated at the landfills;in those cases, excess landfill costs will be added to the system costs.
(i) The annual state subsidy for the cost of disposal ofmunicipal solid waste shall be calculated for each fiscal year or portion ofeach fiscal year according to the following formula: The annual state subsidyshall equal the total projected annual resource recovery system costs (minuscosts associated with the central landfill) for the next fiscal year less thesum of the following: (1) projected resource recovery system revenues for theyear; and (2) projected landfill revenues; provided, however, that in the eventthat the landfill is projected to operate at a loss, the amount of the lossshall be added to the subsidy.
(j) On or before October 1 of each year, the corporationshall submit a budget to the director of administration for the succeedingfiscal year using actual resource recovery system revenues and costs, and theaudit of the preceding fiscal year prepared by the corporation's independentauditors and accepted by the auditor general. On or before December 1 of eachyear, the director of administration, in consultation with the corporation,shall review the budget of the corporation and shall determine and certify theannual state subsidy for the succeeding fiscal year to the governor who shallsubmit to the general assembly printed copies of a budget which shall includethe state subsidy as previously determined in this subsection. The statesubsidy appropriation shall be on a system basis but shall contain specificappropriations for each resource recovery facility. If the amount appropriatedexceeds the amount needed for a specific facility, the corporation, with theapproval of the director of administration, may reallocate the appropriated butunadvanced funds to other corporation facilities or costs. If the auditprepared by the corporation's independent auditors indicates that the amountsappropriated and disbursed to the corporation as a subsidy were in excess ofthe amounts which would have been required for the year if actual resourcerecovery system revenues and costs had been used in the calculation of thesubsidy, the excess shall be credited against the current fiscal year's subsidy.
(2) At any time, if the corporation determines that the statesubsidy will be insufficient to discharge the corporation's obligations for thecurrent fiscal year, it shall request, in writing, to the director ofadministration for a supplemental appropriation. After review, the director ofadministration will recommend to the governor additional funding for thecorporation, and the governor after further review, shall submit a supplementalappropriation bill request for the funds to the general assembly.
(3) From the appropriations made by the general assembly, thestate controller is authorized and directed to draw his or her orders upon thegeneral treasurer every month for the payment of those sums that may berequired upon receipt by him or her of properly authenticated vouchers.
(k) If, in any fiscal year, the appropriation for the statesubsidy is not made and if the corporation has insufficient other funds todischarge its obligations to holders of its bonds and notes as certified by thestate auditor general, the corporation shall be empowered to charge bothmunicipal and non-municipal users whatever fees are necessary to discharge itsobligations to holders of its bonds and notes, and the municipal tipping feeset forth in subsection (g) shall not be applicable for the fiscal year.
(l) On or after the date established for separation ofrecyclable solid waste in the statewide plan for separation of recyclables bythe department of environmental management, only segregated solid waste shallbe accepted at the corporation's facilities.
(m) Costs associated with participation in the state programshall not constitute state mandated costs under § 45-13-7.
§ 23-19-13 Municipal participation instate program. – (a) Any person or municipality which intends to transfer, treat, or dispose ofsolid waste originating or collected within the state, or which intends to makearrangements to do so, shall utilize, exclusively, a system or facilitydesignated by the corporation as provided under this chapter. All transferstations in existence as of December 1, 1986 are empowered so long as theymaintain the appropriate license to continue their operations, and thecorporation shall not exercise its powers under this chapter to compete withtheir operation and activity. No municipality shall have power to engage in,grant any license, or permit for or enter into any contract for the collection,treatment, transportation, storage, or disposal of solid waste, and nomunicipality or any person shall engage in any activities within the state,including disposal of solid waste, which would impair the ability of thecorporation to meet its contractual obligations to its bondholders and others,or which would be in competition with the purposes of the corporation asprovided in this chapter. The corporation shall not be empowered to engage inthe transportation, transfer, or storage of solid waste, except in temporarysituations where a municipality has defaulted in its obligation under thissection, or in conjunction with its activities at its disposal sites. Provided,however, that municipal contracts which were in existence on March 1, 1985, areexcepted from this requirement until expiration of the original term of thecontract or the expiration of any extension approved by the corporation, orsooner termination of the contracts, and provided, further, that municipalitiesoperating their own landfills on December 1, 1986 shall be free to continue touse the landfills until closure of the landfills. Without limiting thegenerality of the preceding, municipalities and persons are expressly empoweredto contract with the corporation and/or, subject to the approval of thecorporation, with a duly licensed private disposal facility for the disposal ofsolid wastes. The approval shall be conditioned upon a finding by the board ofcommissioners of the corporation that any proposed contract with a Rhode Islandmunicipality or person is in conformity with the statewide resource recoverysystem development plan and this chapter, and that the proposed contract willnot impair the ability of the corporation to meet its contractual obligationsto its bondholders and others. The contracts may have a maximum total term,including all renewals, of up to fifty (50) years.
(2) The corporation shall charge fees for its solid wastemanagement services that, together with other revenues available to thecorporation, will, at a minimum, be sufficient to provide for the support ofthe corporation and its operations on a self-sustaining basis, including debtservice on its bonds and other obligations.
(b) Insofar as the provisions of this chapter areinconsistent with the provisions of any other laws of this state, general,special, or local, restricting the power of any municipality to enter into longterm contracts with the corporation, the provisions of this chapter shall becontrolling. The corporation shall provide suitable and appropriate assistanceto communities under these circumstances. Notwithstanding the preceding, if thecorporation deems it desirable, it may from time to time permit municipalitiesto contract among themselves for the disposal of their wastes.
(c) Municipalities, along with private producers of wastewhich contract with the corporation for disposal of their wastes, shallcontinue to be free to make their own arrangements for collection of wastes atthe source and/or the hauling of wastes to the designated processing and/ortransfer stations, so long as those arrangements are in compliance with theprovisions of chapter 18.9 of this title and with this chapter, and anymunicipal license relating thereto.
(d) All municipalities and state agencies which areparticipants in the state waste disposal program shall initiate a separationand recycling program within one year after the date on which the resourcerecovery facility utilized by that municipality or agency is operational andaccepting waste for incineration.
(e) The corporation and any municipality may enter into acontract or contracts providing for or relating to the disposal of solid wasteoriginating in the municipality and the cost and expense of the disposal.
(2) The contract may be made with or without considerationand for a specified or unspecified time not to exceed fifty (50) years, and onany terms and conditions which may be approved by the municipality and whichmay be agreed to by the corporation in conformity with its contracts with theholders of any bonds or other obligations. Subject to the contracts with theholders of bonds, the municipality is authorized and directed to do and performany and all acts or things necessary, convenient, or desirable to carry out andperform the contract and to provide for the payment or discharge of anyobligation under the contract in the same manner as other obligations of themunicipality.
(3) All municipalities that contract with the corporation forthe disposal of solid waste shall prepare as an addendum to its fiscal year2010 contract with the corporation a plan that includes a description of theprocess by which thirty-five percent (35%) of its solid waste will be recycledand fifty percent (50%) of its solid waste will be diverted beginning July 1,2012. This addendum shall include a residential and municipal waste streamevaluation, a plan for the reduction of solid waste and recyclables generatedand the process by which recyclable materials are to be segregated. Thecorporation shall have the right to execute or deny execution of the municipalsolid waste and recycling services contract pending approval of the addendum.Once the corporation approves this addendum, the municipality must implementthe plan and report on the results annually to the corporation. The corporationshall enforce the provisions of this section pursuant to subdivision23-19-13(g)(3).
(4) The corporation shall notify every city or town that itcontracts with no later than August 1, 2008 as to the addendum requirementsthat must be included in the fiscal year 2010 contracts to recycle thirty-fivepercent (35%) and divert fifty percent (50%) of solid waste beginning July 1,2012.
(f) The municipalities and the state have sharedresponsibility for the payment of the cost of municipal solid waste disposal.The state will pay its share of the cost of the solid waste disposal servicesto be provided by the corporation to the municipalities at its solid wastemanagement facilities and its central landfill in the town of Johnston, and atany back-up facility which the corporation is required to provide, by providingsolid waste disposal operating subsidies as provided in subsections (i) and (j).
(g) The corporation shall charge each municipality with whichit has a long-term contract for solid waste disposal services a tipping fee perton of source separated solid waste excluding separated recyclable materials,sludge, and demolition debris delivered to any corporation facility computed inaccordance with this subsection. For purposes of this chapter, "fiscal year"shall mean the twelve-month period, July 1 to June 30. The municipal tippingfee shall be equal to one hundred seven and one-half percent (107.5%) of theprior fiscal year's municipal tipping fee through the end of the 2009 fiscalyear. One dollar and ten cents ($1.10) per ton on all garbage, includingrecycled garbage, collected by the corporation as tipping fee shall be paid tothe town of Johnston. In addition to any other fees the corporation shall alsocharge a three dollar ($3.00) tipping fee per vehicle. Any vehicle carryingmunicipal solid waste shall be exempt from this three dollar ($3.00) tippingfee. All fees collected shall be paid to the town of Johnston on a biannualbasis. No tipping fee shall be charged for recyclable materials delivered to arecycling facility provided by or through the corporation.
(2) Notwithstanding the provisions of subdivision (g)(1), themunicipal tipping fee may be increased, if, due to the commencement ofoperation of a new resource recovery facility during the previous fiscal year,the state subsidy as calculated pursuant to subsection (i), not consideringlandfill revenues and losses, is projected to be greater than the state subsidyprojected by the corporation and the department of administration when theprojections were officially accepted by the corporation on the basis ofcontracts entered into for the initial resource recovery facility. The amountby which the projected state subsidy exceeds the original projections will beapportioned between the state and the municipalities in the same ratio as thestate subsidy for the previous year divided by the number of tons of municipalsolid waste processed by the corporation bears to the municipal tipping fee forthat year. The increased municipal tipping fee herein provided shall be subjectto the same escalation factor as the municipal tipping fee set forth above.
(3) The corporation shall establish in the contract, themaximum amount of municipal solid waste that each municipality will be entitledto deliver to the corporation at the municipal tipping fee. Solid waste inexcess of the contract amount will be charged to the municipality at thenon-municipal rate. In determining the maximum amount of municipal solid wastewhich will qualify for the municipal tipping fee, the corporation shallconsider the municipality's solid waste per capita average, the statewide solidwaste per capita average, and any other factors that it shall deem appropriate.
(4) Seaweed collected and removed by a municipality shall bedeemed "yard waste" for purposes of this chapter and any rules, regulationsand/or plans promulgated by the corporation pursuant to this chapter, and shallbe accepted by the corporation at the same rate and cost as all other municipalyard waste.
(h) The corporation, after the initial resource recoveryfacility becomes operational, shall charge each non-municipal user of itsfacilities a fee per ton equal to the projected annual resource recovery systemcost less energy revenues and interest earnings on bond reserve funds, if any,divided by the projected tons to be processed by the corporation at itsresource facilities for the year. Landfill costs shall not be considered in thecalculation unless landfill costs exceed revenues generated at the landfills;in those cases, excess landfill costs will be added to the system costs.
(i) The annual state subsidy for the cost of disposal ofmunicipal solid waste shall be calculated for each fiscal year or portion ofeach fiscal year according to the following formula: The annual state subsidyshall equal the total projected annual resource recovery system costs (minuscosts associated with the central landfill) for the next fiscal year less thesum of the following: (1) projected resource recovery system revenues for theyear; and (2) projected landfill revenues; provided, however, that in the eventthat the landfill is projected to operate at a loss, the amount of the lossshall be added to the subsidy.
(j) On or before October 1 of each year, the corporationshall submit a budget to the director of administration for the succeedingfiscal year using actual resource recovery system revenues and costs, and theaudit of the preceding fiscal year prepared by the corporation's independentauditors and accepted by the auditor general. On or before December 1 of eachyear, the director of administration, in consultation with the corporation,shall review the budget of the corporation and shall determine and certify theannual state subsidy for the succeeding fiscal year to the governor who shallsubmit to the general assembly printed copies of a budget which shall includethe state subsidy as previously determined in this subsection. The statesubsidy appropriation shall be on a system basis but shall contain specificappropriations for each resource recovery facility. If the amount appropriatedexceeds the amount needed for a specific facility, the corporation, with theapproval of the director of administration, may reallocate the appropriated butunadvanced funds to other corporation facilities or costs. If the auditprepared by the corporation's independent auditors indicates that the amountsappropriated and disbursed to the corporation as a subsidy were in excess ofthe amounts which would have been required for the year if actual resourcerecovery system revenues and costs had been used in the calculation of thesubsidy, the excess shall be credited against the current fiscal year's subsidy.
(2) At any time, if the corporation determines that the statesubsidy will be insufficient to discharge the corporation's obligations for thecurrent fiscal year, it shall request, in writing, to the director ofadministration for a supplemental appropriation. After review, the director ofadministration will recommend to the governor additional funding for thecorporation, and the governor after further review, shall submit a supplementalappropriation bill request for the funds to the general assembly.
(3) From the appropriations made by the general assembly, thestate controller is authorized and directed to draw his or her orders upon thegeneral treasurer every month for the payment of those sums that may berequired upon receipt by him or her of properly authenticated vouchers.
(k) If, in any fiscal year, the appropriation for the statesubsidy is not made and if the corporation has insufficient other funds todischarge its obligations to holders of its bonds and notes as certified by thestate auditor general, the corporation shall be empowered to charge bothmunicipal and non-municipal users whatever fees are necessary to discharge itsobligations to holders of its bonds and notes, and the municipal tipping feeset forth in subsection (g) shall not be applicable for the fiscal year.
(l) On or after the date established for separation ofrecyclable solid waste in the statewide plan for separation of recyclables bythe department of environmental management, only segregated solid waste shallbe accepted at the corporation's facilities.
(m) Costs associated with participation in the state programshall not constitute state mandated costs under § 45-13-7.
