HB1333 (2006) Detail

Relative to solid waste reduction goals.


HB 1333 – AS AMENDED BY THE HOUSE

07Mar2006… 1232h

2006 SESSION

06-2294

03/04

HOUSE BILL 1333

AN ACT relative to solid waste reduction goals.

SPONSORS: Rep. Phinizy, Sull 5; Rep. Babson, Carr 3; Rep. O’Connell, Hills 6; Rep. Powers, Rock 16; Rep. Hamm, Merr 4; Sen. Fuller Clark, Dist 24; Sen. Green, Dist 6; Sen. Hassan, Dist 23

COMMITTEE: Environment and Agriculture

AMENDED ANALYSIS

This bill modifies the goals declared by the general court for the reduction of solid waste. This bill also defines “deconstruction.”

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07Mar2006… 1232h

06-2294

03/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to solid waste reduction goals.

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

1 Solid Waste Management Districts; Powers; References Deleted. Amend the introductory paragraph RSA 53-B:7, XX to read as follows:

XX. To contract with any person who owns or operates any facility for the provision of solid waste management services. Such contract shall be consistent with the [hierarchy and] goals of solid waste management under RSA 149-M:2 and RSA 149-M:3. A contract for facility use may call for delivery of guaranteed minimum tonnage, provided that said contract is in keeping with the policy set forth in RSA 149-M:2 and RSA 149-M:3. In the event that a district’s delivered tonnage falls below the level stipulated in contract, the district may procure tonnage from sources outside the district, in compliance with the public benefit requirements of RSA 149-M:11 and as provided in the contract. A contract may contain such other terms and conditions as the district may determine to be in its best interest.

2 Solid Waste Management; Waste Reduction Goal. Amend RSA 149-M:2 to read as follows:

149-M:2 Waste Reduction Goal.

I. The general court declares its concern that there are environmental and economic issues pertaining to the disposal of solid waste in landfills and incinerators. It is important to reserve landfill and incinerator capacity for solid wastes which cannot be reduced, reused, recycled or composted. The general court declares that the goal of the state[, by the year 2000,] is to achieve a 40 percent minimum weight diversion of solid waste landfilled or incinerated on a per capita basis. Diversion shall be measured with respect to changes in waste generated and originated and subsequently landfilled or incinerated in New Hampshire. In order to apply towards the 40 percent waste reduction goal, only solid wastes generated within New Hampshire shall apply and shall not include any solid wastes generated as a byproduct from solid wastes imported into New Hampshire. The goal of weight diversion may be achieved through source reduction, recycling, reuse, and composting, or any combination of such methods. The general court discourages the disposal of recyclable materials in landfills or processing of recyclable materials in incinerators and encourages the use of deconstruction techniques wherever possible.

II. In exercising any and all powers conferred upon the department under this chapter, the department shall use and consider criteria relevant to the waste reduction goal [and disposal hierarchy established] in RSA 149-M:2 [and 149-M:3]. The department shall not take any action relative to the 40 percent weight reduction goal which causes the municipalities organized under RSA 53-A and 1986, 139 or RSA 53-B to violate or incur penalties under legal obligations existing on June 26, 1990.

3 Solid Waste Management; Achieving Goals. Amend RSA 149-M:3 to read as follows:

149-M:3 Achieving Goals[; Hierarchy]. To reduce the unnecessary reliance on incineration and landfilling, the general court supports integrated solid waste disposal solutions which are environmentally safe and economically sound. The general court endorses[, in order of preference,] equally the following waste management methods:

I. Source reduction.

II. Recycling and reuse.

III. Composting.

[IV. Waste-to-energy technologies (including incineration).

V. Incineration without resource recovery.

VI. Landfilling.]

IV. Deconstruction.

4 Solid Waste Management; Public Benefit Requirement; References Deleted. Amend RSA 149-M:11, III(b) to read as follows:

(b) The ability of the proposed facility to assist the state in achieving the implementation of the [hierarchy and] goals under RSA 149-M:2 and RSA 149-M:3.

5 New Paragraph; Definitions. Amend RSA 149-M:4 by inserting after paragraph IV the following new paragraph:

IV-a. “Deconstruction” means the process of taking apart a structure with the primary goal of preserving the value of all useful building materials, so that they may be recycled or reused.

6 Effective Date. This act shall take effect 60 days after its passage.