CHAPTER 359
HB 877-FN – FINAL VERSION
23Jan2008… 2586h
05/01/08 1453s
05/15/08 1815s
04Jun2008… 2156eba
2008 SESSION
06/01
HOUSE BILL 877-FN
AN ACT relative to the state recycling program.
SPONSORS: Rep. Morrison, Belk 2; Rep. C. Chase, Hills 2; Rep. Beaulieu, Hills 17; Rep. Tobin, Belk 2
COMMITTEE: Environment and Agriculture
This bill establishes a plan for state agencies to recycle certain materials.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23Jan2008… 2586h
05/01/08 1453s
05/15/08 1815s
04Jun2008… 2156eba
07-0437
06/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to the state recycling program.
Be it Enacted by the Senate and House of Representatives in General Court convened:
359:1 Plan for State Recycling Program. This act is a plan for the state recycling program and shall not mandate the expenditure of funds during the 2008-2009 biennium.
359:2 New Chapter; State Government Waste Reduction, Recycling, and Recycled Products Purchase. Amend RSA by inserting after chapter 9-B the following new chapter:
CHAPTER 9-C
STATE GOVERNMENT WASTE REDUCTION,
RECYCLING, AND RECYCLED PRODUCTS PURCHASE
9-C:1 Purpose. State government has an obligation to put into practice, as part of its own operations, the interdependent principles of waste reduction, recycling, and recycled products purchase. State agencies shall strive to maximize the application of these principles in their normal operations. This chapter shall apply to all state agencies, as defined in RSA 9-C:2, V, whether or not they are required to make purchases through the division of plant and property management.
9-C:2 Definitions. In this chapter:
I. “Committee” means the interagency recycling and product purchase committee established in RSA 9-C:4.
II. “Division” means the division of plant and property management.
III. “Primary state agency” means the highest organizational unit of a given part of state government such as a department.
IV. “Recycled material” means a material or product that has served its intended end-use and is separated from the waste stream and recycled, and does not include those by-products and materials generated and commonly reused within the original manufacturing process.
V. “State agency” or “agency” means any board, department, bureau, office, commission, hospital, sanitarium, home, library, school, college, prison, or other institution, by whatever name, conducted or operated by the state of New Hampshire, and shall include the legislative branch of state government, but not the judicial branch.
9-C:3 State Policy.
I. For the purpose of reducing disposal costs and to conserve and protect natural resources, it shall be the policy of each state agency to:
(a) Minimize the amount of solid and hazardous waste that it generates.
(b) Recycle any generated waste materials for which markets are readily available, with particular attention to waste materials that are not biodegradable.
(c) Purchase materials, supplies, and products that have the highest content of recycled materials and which are recyclable and non-toxic, to the extent feasible, acceptable, and appropriate.
II. Each state agency shall cooperate with and take into account the decisions of the committee when implementing the policy set forth in paragraph I.
III. All agency employees shall comply with this policy and participate in any initiatives within their respective agencies to implement the policy.
9-C:4 Interagency Recycling and Product Purchase Committee.
I. There is hereby established the interagency recycling and product purchase committee. The committee shall be composed of 2 representatives appointed by the speaker of the house of representatives, one senator appointed by the senate president, the commissioners of each department or designees, and a designee from the office of the governor. The head or governing board of any other primary state agency, or designee, may elect to be a non-voting member. The committee shall have 2 co-chairs. One shall be the commissioner of environmental services, or designee, and the other shall be the commissioner of administrative services, or designee.
II. The committee shall coordinate and support the efforts of state agencies to comply with this chapter. The committee shall:
(a) Identify waste materials for which recycling markets are readily available to state agencies in various parts of the state.
(b) Identify the materials, supplies, and products for purchase by state agencies that have the highest content of recycled materials and which are recyclable and non-toxic, to the extent feasible, acceptable, and appropriate, which shall include paper purchases specified in RSA 9-C:9.
III. The committee shall prepare a document by January 1, 2009, and continuously update such document which details its determinations under subparagraphs II(a) and (b). A state agency that does not adhere to recycling the waste materials or purchasing the materials, supplies, and products detailed in the document shall be presumed to be in noncompliance with the state policy principles of RSA 9-C:3, I(b) or (c) unless good cause is demonstrated, consistent with the purpose and policy established by this chapter, as part of its certification filing under RSA 9-C:10, I(b).
IV. The committee shall meet at least quarterly, with its first meeting no later than 60 days after the effective date of this act. Legislative members shall receive mileage for attending to the duties of the committee.
V. At least quarterly, the department of administrative services shall report to the committee on the status of the recycling fund under RSA 9-C:6.
VI. The committee shall have the power to issue subpoenas in order to perform its duties under this chapter.
9-C:5 Department of Environmental Services Assistance. The department of environmental services shall assist state agencies, as time and resources permit, to identify waste reduction and recycling opportunities. Such assistance shall include, but not be limited to, the preparation of waste minimization and recycling guidelines and office or site visits. The department shall also be available to the division for consultation relative to the division’s duties under this chapter.
9-C:6 Fund Established. There is established in the office of the state treasurer a nonlapsing fund to be known as the state recycling fund to be administered by the director of the division, which shall be kept distinct and separate from all other funds. All moneys in the state recycling fund shall be continually appropriated to the commissioner of administrative services for the purpose of paying division costs in administering this chapter, providing state agencies with needed equipment and supplies for recycling, or to offset any costs associated with providing recycled materials pickup service. The treasurer shall deposit all donations received under RSA 9-C:7, I in the state recycling fund.
9-C:7 Recycled Materials Revenue.
I. All sales revenues for materials recycled by state agencies shall be forwarded quarterly to the state treasurer for deposit into the state recycling fund established in RSA 9-C:6. Any revenues derived from collections made by the Tobey School shall be used first to reimburse the school’s cost of collecting and handling the materials. The division may accept gifts, grants, donations or other moneys for deposit into the fund to be used for the same purposes as other moneys in the fund.
II. Funds accruing to the liquor commission from the sale of corrugated boxes shall be exempt from the provisions of paragraph I. The liquor commission shall report quarterly to the director of the division on the use of such funds in its recycling program. Excess funds generated by the recycling program of the liquor commission which are not used by June 30 of each year shall lapse to the fund under RSA 9-C:6.
9-C:8 Procurement. The division shall fulfill its responsibility as the state’s procurement agency in a manner consistent with and in advancement of the policy principles of RSA 9-C:3. This shall be reflected, in part, in the division’s procurement specifications and the information required from vendors and bidders. The division shall keep all state agencies that make purchases through it informed of the requirements of this chapter and shall work with such agencies and the committee in furtherance of such requirements. The division shall put in place the necessary contracts to facilitate the purchase of those materials, supplies, and products identified by the committee under RSA 9-C:4, II(b), when they are of a type normally procured through the division, as well as other materials, supplies, and products containing recycled materials for which there is a demand. The division, in consultation with the committee, shall also arrange for the pickup of recycled materials, where feasible, at those state agencies that purchase through the division.
9-C:9 Recycled Paper.
I. Uncoated printing and writing paper purchased by or for state agencies shall contain not less than 30 percent recycled material and coated printing paper purchased by or for state agencies shall contain not less than 10 percent recycled material.
II. If compliance with this section is not possible by following current industry standards for any item or items, then such items may be exempted from the requirements of this section, provided:
(a) For items purchased through the division, the division makes a written finding that current industry standards require the exemption; or
(b) For items not purchased through the division, the purchasing agency makes a written finding, as part of its certification filing under RSA 9-C:10, I(b), that current industry standards require the exemption.
9-C:10 Reporting.
I.(a) The committee shall prepare a form, with assistance from the director of the division, that shall be used to report on agency success in complying with this chapter. The head or governing board of each department or other primary state agency shall complete the form to the extent that the information requested is applicable to the agency, and return it to the committee by September 1 of each year beginning in 2009. Information concerning administratively attached agencies, as identified by the committee, shall be included within the report of the primary state agency. The form shall require the reporting of information in sufficient detail to allow the committee to prepare its annual report under paragraph II. When possible, the committee shall rely upon information already recorded by the division through the procurement process.
(b) The primary state agency shall certify on such form that the agency is in compliance with each policy provision of RSA 9-C:3, I and if not, the reasons for non-compliance and the agency’s plan for compliance.
II. The committee shall submit a report on compliance with this chapter by November 1 of each year beginning in 2009 to the governor, the legislative committees of jurisdiction, the department of environmental services, and the state library that shall include, but not be limited to, both detailed and summarized information, as best can be determined, on:
(a) The waste materials that were either recycled or otherwise disposed of by state agencies during the prior fiscal year by type, quantity, disposal cost or sales revenue, and agency.
(b) Purchases made by state agencies during the prior fiscal year of those types of materials, supplies, and products identified by the committee under RSA 9-C:4, II(b) as being available with recycled material content, by type, recycled material content, if any, quantity, cost, and agency. Where possible, the committee shall rely upon information recorded by the division through the procurement process.
(c) The response given by each state agency to the certification requirement under subparagraph I(b) relative to its compliance with each policy principle of RSA 9-C:3, I.
(d) Any recommended changes to state laws, policies, or practices that would advance the policy principles of RSA 9-C:3, I, including any offered by state agencies under paragraph I.
(e) The actions taken by the division to fulfill its responsibilities under RSA 9-C:8 as the state’s procurement agency.
(f) The activities of the committee during the past year, including a copy of the document prepared by the committee under RSA 9-C:4, III.
III. The legislative branch shall devise its own method of reporting compliance with this chapter and shall not be considered a state agency for purposes of reporting under this section.
359:3 Division of Plant and Property Management. Amend RSA 21-I:11, I(f) to read as follows:
(f) “Services” shall mean services provided for general agency use including, but not restricted to, the following: credit card agreements, elevator maintenance, hazardous waste testing and removal, janitorial services, laboratory services, rubbish removal, recycled materials pickup, security services, snow removal, soil testing, transportation, office machine maintenance, vehicle repair, vehicle rental and leasing, and warehousing. “Services” shall not mean services provided solely to one agency.
359:4 Purchase of Supplies; Exemptions. Amend RSA 21-I:18, I(c)-(e) to read as follows:
(c) The legislature, secretary of state, and the state reporter are completely exempted from the provisions of this chapter[; except for the provisions of RSA 21-I:14-a].
(d) This chapter shall not apply to any contracts made or entered into by the director of plant and property management or any agency under the terms of which contractors with the state purchase their own supplies directly.
(e) The purchase of materials, supplies and merchandise by the department of resources and economic development as provided by RSA 219:21 shall not be subject to the provisions of this chapter[, except for the provisions of RSA 21-I:14-a].
359:5 New Subparagraph. Application of Receipts. Amend RSA 6:12, I(b) by inserting after subparagraph (268) the following new subparagraph:
(269) Moneys deposited in the recycling fund established under RSA 9-C:6.
359:6 State Agency Notification. The interagency recycling and product purchase committee established under RSA 9-C:4 shall, as expeditiously as possible, notify all state agencies of the requirements of this act.
359:7 Contracted Services Study. The interagency recycling and product purchase committee established in RSA 9-C:4 shall study the application of the policy principles of waste minimization, recycling, and purchasing under RSA 9-C:3 to contracted state services. The committee shall report its findings and any recommendations for legislation to the governor, the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, and the state library by December 1, 2010. The commission shall issue an interim report by December 1, 2009 of any initial findings and recommendations, unless it has already completed its final report by that date.
359:8 Transfer of Funds. All amounts in any fund established pursuant to RSA 21-I:60, I or RSA 21-I:14-a, II, together with all of the books, papers, records, unexpended appropriations, receivables, and payables related to said funds, shall, as of the effective date of this section, be transferred to the special fund established under RSA 9-C:6 and may be utilized for the purposes specified for such fund.
359:9 Repeal. The following are repealed:
I. RSA 21-I:14-a, relative to recycled materials.
II. Subparagraphs (a) and (b) of RSA 21-I:11, II, relative to the purchase of and reporting on the purchase of recycled products.
III. RSA 21-I:1-a, III, IV and V, relative to the definitions of “post consumer recycled waste material”, “recycled materials”, and “recycled products”.
IV. RSA 21-I:59-65, relative to waste reduction and recycling program.
359:10 Effective Date. The bill shall take effect 60 days after its passage.
Approved: July 11, 2008
Effective Date: September 9, 2008