HB517 (2005) Detail

Establishing a committee to study certain issues relative to construction and demolition waste and establishing a moratorium on the incineration of any construction and demolition waste.


CHAPTER 205

HB 517 – FINAL VERSION

30Mar2005… 0879h

2005 SESSION

05-0098

08/01

HOUSE BILL 517

AN ACT establishing a committee to study certain issues relative to construction and demolition waste and establishing a moratorium on the incineration of any construction and demolition waste.

SPONSORS: Rep. C. Hamm, Merr 4; Rep. Phinizy, Sull 5; Rep. Holden, Hills 7; Rep. Keans, Straf 1; Sen. Green, Dist 6; Sen. Odell, Dist 8

COMMITTEE: Environment and Agriculture

ANALYSIS

This bill establishes a committee to study certain issues relative to construction and demolition waste and establishes a moratorium on the incineration of any construction and demolition waste.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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… 0879h

05-0098

08/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT establishing a committee to study certain issues relative to construction and demolition waste and establishing a moratorium on the incineration of any construction and demolition waste.

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

205:1 Committee Established. There is established a committee to study certain issues relative to construction and demolition waste.

205:2 Membership and Compensation.

I. The members of the committee shall be as follows:

(a) Three members of the house of representatives, appointed by the speaker of the house of representatives.

(b) Three members of the senate, appointed by the president of the senate.

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

205:3 Duties. The committee shall study:

I. The importation, processing, and the disposal in landfills of construction and demolition waste.

II. Other Northeastern states’ policies regarding the disposition of construction and demolition waste, specifically any studies by Northeast States for Coordinated Air Use Management (NESCAUM).

III. The health effects of construction and demolition waste with regard to transportation and differing disposal methods including landfills, incineration, or other processing.

IV. The effect of banning landfilling and incineration of construction and demolition waste.

V. Evolving emissions control technology and its appropriate application to issuing permits for the incineration of construction and demolition waste.

205:4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.

205:5 Report. The committee 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, and the state library. A preliminary report shall be submitted on or before November 1, 2005, and a final report shall be submitted on or before July 1, 2006.

205:6 Incineration Moratorium. Notwithstanding any provision of law to the contrary, there is hereby established a moratorium on the disposal of construction and demolition waste by incineration until July 1, 2006. This moratorium shall not apply to any municipal waste combustor subject to RSA 125-M, or to any municipal incinerator as defined in RSA 149-M, that is permitted by the department of environmental services and was in operation on January 1, 2005.

205:7 Effective Date.

I. Section 6 of this act shall take effect 60 days after its passage.

II. The remainder of this act shall take effect upon its passage.

(Approved: July 1, 2005)

(Effective Date: Section 6 shall take effect August 30, 2005

II. Remainder shall take effect July 1, 2005)