SB 379-FN - AS AMENDED BY THE SENATE

03/17/2022   0826s

2022 SESSION

22-3114

08/11

SENATE BILL 379-FN

AN ACT establishing the solid waste management fund and grant program.

SPONSORS: Sen. Watters, Dist 4; Sen. Perkins Kwoka, Dist 21; Sen. Whitley, Dist 15; Sen. Hennessey, Dist 1; Sen. D'Allesandro, Dist 20; Sen. Sherman, Dist 24; Sen. Kahn, Dist 10; Sen. Prentiss, Dist 5; Sen. Avard, Dist 12; Rep. Ebel, Merr. 5; Rep. Suzanne Smith, Graf. 8; Rep. Grassie, Straf. 11

COMMITTEE: Ways and Means

─────────────────────────────────────────────────────────────────

AMENDED ANALYSIS

This bill:

I.  Establishes the solid waste management fund.

II.  Repeals the existing surcharge on out-of-state waste.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/17/2022   0826s

22-3114

08/11

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT establishing the solid waste management fund and grant program.

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

1  New Chapter; Solid Waste Management Fund.  Amend RSA by inserting after chapter 149-Q the following new chapter:

CHAPTER 149-R

SOLID WASTE MANAGEMENT FUND

149-R:1  Findings and Purpose.  The general court finds that the proper and integrated management of solid waste under RSA 149-M, including the enhancement of waste and waste diversion methods, has become a matter of great concern.  The general court hereby declares that the purpose of RSA 149-R is to assist communities, businesses, and the general public with their efforts to improve solid waste reduction and diversion activities.

149-R:2  Definitions.  In this chapter:

I.  “Commissioner” means the commissioner of the department of environmental services.

II.  “Department” means the department of environmental services.

III.  "Fund” means the solid waste management fund established under RSA 149-R:3.

IV.  “Solid waste” means solid waste as defined in RSA 149-M:4, XXII.

149-R:3  New Hampshire Solid Waste Management Fund and Grant Program Established.  

I.  There is hereby established the New Hampshire solid waste management fund to be used for the purposes of this chapter.  

II.  This non-lapsing, revolving special fund is hereby continuously appropriated to be expended by the department in accordance with this chapter.  The state treasurer shall invest the moneys deposited in accordance with RSA 6:8.  Any earnings on fund moneys shall be added to the fund.

149-R:4  Purpose and Use of the Fund.

I.  The fund shall be used to provide matching grant funding to New Hampshire municipalities, private entities, and businesses for projects that will provide a demonstrated, significant improvement in waste diversion methods and contribute to a reduction of wastes, including hazardous waste materials, requiring disposal, including a regional or municipal materials recovery facility operated by a public or private entity, and other regional recycling efforts.  

II.  The fund may be used to hire consultants, contractors, or to pay other necessary expenses directly associated with approved activities in this chapter.

III.  The department is authorized to solicit funds from the United States Environmental Protection Agency or other agencies that are targeted for making grants consistent with this section.  Such funds, when received, may be deposited into the fund, and shall be used for the purposes described in this chapter.

149-R:5  Rulemaking.  The commissioner shall adopt rules, after public hearing and pursuant to RSA 541-A, relative to administering matching grants pursuant to RSA 149-R:4, I.

149-R:6  Biennial Report.  The department shall include in its a biennial report required under RSA 149-M:29, II, information relative to the activities and finances of the solid waste management fund.

2  Administration of Solid Waste Management Fund  RSA 149-M:6, XI is repealed and reenacted to read as follows:

XI.  Administer the provisions of RSA 149-R.

3  New Subparagraph; New Hampshire Solid Waste Management Fund.  Amend RSA 6:12, I(b) by inserting after subparagraph (382) the following new subparagraph:

(383)  Moneys deposited in the New Hampshire solid waste management fund established in RSA 149-R:3.

4  New Subparagraph; Information in Biennial Report.  Amend RSA 149-M:29, II by inserting after subparagraph (i) the following new subparagraph:

(j)  The activities and finances of the solid waste management fund, as required by RSA 149-R:6.

5  Repeal.  RSA 149-M:7, VII, relative to rulemaking relative to the out-of-state waste disposal surcharge, is repealed.

6  Effective Date.  This act shall take effect July 1, 2022.

LBA

22-3114

Amended 3/22/22

SB 379-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2022-0826s)

AN ACT establishing the solid waste management fund and establishing a solid waste disposal surcharge.

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

METHODOLOGY:

This bill establishes a state solid waste management fund to be administered by the Department of Environmental Services, and authorizes the Department to solicit federal funds for the fund’s purposes.  As this bill provides no initial appropriation or transfer of funds, any impact this bill may have on state revenue or expenditures would be contingent on future funding considerations and therefore indeterminable at this time.  

AGENCIES CONTACTED:

None