TITLE I
THE STATE AND ITS GOVERNMENT
Chapter 9-C
STATE GOVERNMENT WASTE REDUCTION, RECYCLING, AND RECYCLED PRODUCTS PURCHASE
Section 9-C:1
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 procurement and support services in the department of administrative services.
Source. 2008, 359:2, eff. Sept. 9, 2008. 2014, 327:41, eff. Aug. 2, 2014.
Section 9-C:2
9-C:2 Definitions. –
In this chapter:
I. [Repealed.]
II. "Division" means the department of administrative services, division of procurement and support services.
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.
Source. 2008, 359:2. 2011, 231:12, V, eff. June 29, 2011. 2014, 327:42, eff. Aug. 2, 2014.
Section 9-C:3
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. [Repealed.]
III. All agency employees shall comply with this policy and participate in any initiatives within their respective agencies to implement the policy.
Source. 2008, 359:2. 2011, 231:12, VI, eff. June 29, 2011.
Section 9-C:4
9-C:4 Repealed by 2011, 231:2(7), eff. Dec. 31, 2011. –
Section 9-C:5
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.
Source. 2008, 359:2, eff. Sept. 9, 2008.
Section 9-C:6
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.
Source. 2008, 359:2, eff. Sept. 9, 2008.
Section 9-C:7
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.
Source. 2008, 359:2, eff. Sept. 9, 2008.
Section 9-C:8
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 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 division 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 shall also arrange for the pickup of recycled materials, where feasible, at those state agencies that purchase through the division.
Source. 2008, 359:2. 2011, 231:16, eff. June 29, 2011.
Section 9-C:9
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.
Source. 2008, 359:2, eff. Sept. 9, 2008.
Section 9-C:10
9-C:10 Repealed by 2015, 259:31, V, eff. July 1, 2015. –