HB 283-FN – AS INTRODUCED

2009 SESSION

09-0442

08/03

HOUSE BILL 283-FN

AN ACT establishing a solid waste management fund and assessing a beverage container fee.

SPONSORS: Rep. Webb, Merr 2; Rep. B. Williams, Graf 8

COMMITTEE: Environment and Agriculture

ANALYSIS

This bill establishes a solid waste management fund, establishes a beverage container fee, and changes the name, duties, and membership of the recycling market development steering committee.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0442

08/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT establishing a solid waste management fund and assessing a beverage container fee.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Repeal. The following are repealed:

I. RSA 149-M:4, XIII, relative to out-of-state solid waste.

II. RSA 149-M:6, XI, relative to a surcharge on out-of-state waste, is repealed.

2 Rulemaking; Solid Waste Management. RSA 149-M:7, VII is repealed and reenacted to read as follows:

VII. Administration of and standards for the assessment, payment, collection, and auditing conducted and penalties assessed pursuant to the beverage fee under RSA 149-M:62, for disbursements made from the solid waste management fund pursuant to RSA 149-M:63 and administration of the grant program in RSA 149-M:64, II.

3 New Subdivision; Funding for Solid Waste Management and Recycling. Amend RSA 149-M by inserting after section 60 the following new subdivision:

Funding for Solid Waste Management and Recycling

149-M:61 Beverage Defined. In this subdivision, “beverage” means all still and except in gallon containers carbonated drinks; all fruit juices and all beverages compounded therefrom; all bottled waters; and all packaged liquids intended for drinking. Milk and unmixed products thereof and infant formula and unmixed products thereof, are not included as “beverages” under this subdivision. The term “beverage” as used in this chapter shall not apply to wine and liquor as defined in RSA 175:1.

149-M:62 Beverage Container Fee; Payment.

I. A beverage container fee of $0.01 per container shall be paid by a beverage manufacturer, wholesaler, or wholesale distributor upon the first sale of a beverage in this state which is not intended for export.

II. All fees payable during the preceding calendar month shall be paid to the department on or before the fifteenth day of the following month. A penalty of 10 percent of the fees payable shall be added and collected by the commissioner for failure to pay any part of fees payable under this section when due.

149-M:63 Solid Waste Management Fund. There is hereby established in the office of the treasurer a solid waste management fund which shall be kept distinct and separate from all other funds. All moneys received from the beverage container fee established under RSA 149-M:62 shall be credited to such fund. Such fund shall be nonlapsing and continually appropriated to the department for the planning, recycling, and regulation of solid waste and for the investigation of solid waste complaints and cleanup of abandoned solid waste sites.

149-M:64 Use of Solid Waste Management Fund.

I. Up to 35 percent of beverage fee revenues deposited into the solid waste management fund established under RSA 149-M:63 shall be available to the department for solid waste management, including administration, technical assistance, operator training, education and outreach, permitting, regulatory compliance, complaint investigation, and cleanup of abandoned solid waste sites.

II. At least 65 percent of surcharge revenues deposited into the solid waste management fund established under RSA 149-M:63 shall be available as grants for household hazardous waste collection and management, educational events, roadside cleanup, recycling, solid waste reduction, and electronic waste management, in the following proportions:

(a) At least 70 percent to municipalities for recycling-related activities including electronics;

(b) Up to 2 percent to nonprofit organizations, registered and in good standing with the attorney general, for educational purposes, roadside cleanup, and beautification;

(c) Up to 8 percent for seed grants or no interest loans for start-up of businesses that manufacture products in New Hampshire using New Hampshire-generated recyclable materials.

(d) Up to 20 percent for household hazardous waste grants.

III. The rules adopted under RSA 149-M:7, VII shall establish application forms and processes and procedures for awarding and disbursing grants.

IV. Grants made under paragraph II shall be made annually by the department upon authorization by the recycling steering committee established under RSA 149-O.

4 Recycling Steering Committee. RSA 149-O is repealed and reenacted to read as follows:

CHAPTER 149-O

RECYCLING STEERING COMMITTEE

149-O:1 Committee Established. There is established a recycling steering committee to promote recycling in New Hampshire.

149-O:2 Duties. The recycling steering committee shall have the following duties:

I. Advocating for recycling and waste reduction in New Hampshire.

II. Authorizing recycling, waste reduction, and waste management grants to be made to municipalities, businesses, and nonprofit organizations by the department of environmental services using funds from the solid waste management fund established under RSA 149-M:63.

149-O:3 Membership.

I. The recycling steering committee shall consist of the following members, representing the major segments of the state’s recycling community:

(a) One member of the house of representatives, appointed by the speaker of the house of representatives.

(b) One member of the senate, appointed by the president of the senate.

(c) One representative of New Hampshire’s environmental community, appointed by the governor.

(d) A person responsible for recycling coordination in the department of environmental services, or another appropriate representative of the department, appointed by the commissioner of the department of environmental services.

(e) A representative from the New Hampshire Municipal Association, appointed by the association.

(f) The executive director of the Northeast Resource Recovery Association, or designee.

(g) A representative of the Business and Industry Association of New Hampshire, appointed by the association.

II. The members shall elect a chairperson and vice-chairperson.

III. The member appointed under subparagraph I(c) shall be appointed for a period of 4 years.

149-O:4 Meetings. The recycling steering committee shall meet quarterly and at such other times as the chairperson may call.

149-O:5 Report. The recycling steering committee shall prepare an annual report, including any recommended legislation, detailing the committee’s work, including the number, dollar amount, and recipients of grants authorized under RSA 149-O:2, II, the adequacy of funding for the grants, and the effectiveness of the activities funded by the grants. The committee shall submit the report by February 1 each year to the chairpersons of the house and senate standing committees having jurisdiction over environmental matters, the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the state library, the governor, and the commissioner of the department of environmental services.

149-O:6 Mileage. Members of the recycling steering committee shall serve without compensation except that legislative members shall receive mileage at the legislative rate while conducting recycling steering committee business.

5 Reference Change. Amend RSA 149-M:29, II(h) to read as follows:

(h) The status of efforts by the [market development] recycling steering committee established in RSA 149-O:1.

6 New Subparagraph; Solid Waste Management Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (276) the following new subparagraph:

(277) Moneys deposited in the solid waste management fund established by RSA 149-M:63.

7 Effective Date. This act shall take effect July 1, 2009.

LBAO

09-0442

01/07/09

HB 283-FN - FISCAL NOTE

AN ACT establishing a solid waste management fund and assessing a beverage container fee.

FISCAL IMPACT:

METHODOLOGY: