CHAPTER 265
HB 293 – FINAL VERSION
30Mar2005… 0807h
05/05/05 1278s
05/05/05 1351s
29Jun2005… 1948cofc
29Jun2005… 2138eba
2005 SESSION
08/01
HOUSE BILL 293
AN ACT establishing a commission to study the feasibility of developing a materials resource and recovery facility in Sullivan county, and relative to exemptions for disposing of leaf and yard waste.
SPONSORS: Rep. Phinizy, Sull 5; Rep. Cloutier, Sull 4; Rep. Donovan, Sull 4; Rep. Converse, Sull 4; Rep. Ferland, Sull 5; Sen. Burling, Dist 5; Sen. Odell, Dist 8
COMMITTEE: Environment and Agriculture
This bill establishes a commission to study the feasibility of developing a materials resource and recovery facility in Sullivan county.
This bill also continues an exemption to the ban on the incineration of leaf and yard waste by certain municipalities until July 1, 2009 and provides an exemption from liability to entities with which the municipality may contract.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
30Mar2005… 0807h
05/05/05 1278s
05/05/05 1351s
29Jun2005… 1948cofc
29Jun2005… 2138eba
05-0228
08/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT establishing a commission to study the feasibility of developing a materials resource and recovery facility in Sullivan county, and relative to exemptions for disposing of leaf and yard waste.
Be it Enacted by the Senate and House of Representatives in General Court convened:
265:1 Commission Established. There is established a commission to study the feasibility of developing a materials resource and recovery facility in Sullivan county.
265:2 Membership and Compensation.
I. The members of the commission shall be as follows:
(a) One member of the house environment and agriculture committee, appointed by the speaker of the house of representatives.
(b) One member of the house public works and highways committee, appointed by the speaker of the house of representatives.
(c) One member of the senate environment and wildlife committee, appointed by the president of the senate.
(d) One member of the senate energy and economic development committee, appointed by the president of the senate.
(e) A representative from each municipality in Sullivan county, appointed by the governing body of the respective municipality.
(f) The commissioner of the department of environmental services, or designee.
(g) A member of the Northeast Resource Recovery Association, appointed by such association.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
265:3 Duties. The commission shall:
I. Determine the feasibility of developing a materials resource and recovery facility in Sullivan county.
II. If feasible, determine a site for the facility. Candidate sites shall include but not be limited to, brownfield sites within Sullivan county as well as the current Wheelabrator site in Claremont.
III. Study and identify disposal options.
IV. Explore all funding options for the construction and operation of a county-wide facility and the feasibility of a county-wide landfill.
265:4 Chairperson. The chairperson shall be the first-named house member, who shall call the first meeting within 60 days of the effective date of this section.
265:5 Report. The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, the state library, and the municipalities located in Sullivan county on or before September 1, 2006.
265:6 Leaf and Yard Waste; Exemption. RSA 149-M:27, III is repealed and reenacted to read as follows:
III.(a) No leaf or yard waste shall be disposed of in a solid waste landfill or incinerator including any waste-to-energy facility. Any person who violates this paragraph shall be subject to the penalties and enforcement provisions of RSA 149-M:15 and 16.
(b) Subparagraph (a) shall not apply to municipalities organized under RSA 53-A or RSA 53-B, if application of the paragraph would cause the municipality to violate or incur penalties under legal obligations existing on January 1, 1993.
(c) Subparagraph (a) shall not apply to municipalities organized under 1986, 139, or entities with which such municipalities contract until June 30, 2009.
(d) Solid waste landfills and incinerators shall not be in violation of subparagraph (a) if, at a minimum, the facility has implemented any of the following:
(1) Posting signs at the facility providing notice of the prohibition against disposing of leaf and yard waste.
(2) Written notification to, or agreements with, the facility’s customers providing notice of the prohibition against disposing of leaf and yard waste.
(3) Implementation of a procedure for periodically monitoring incoming waste to detect leaf and yard waste at the facility and a process to notify customers that they have delivered such waste in violation of subparagraph (a).
265:7 Effective Date. This act shall take effect upon its passage.
(Approved: July 22, 2005)
(Effective Date: July 22, 2005)