HB 663-FN – AS INTRODUCED
2005 SESSION
06/04
HOUSE BILL 663-FN
AN ACT establishing a New Hampshire municipal recycling authority and establishing a commission to study the tax exemption for water and air pollution control facilities.
SPONSORS: Rep. Patten, Carr 4; Sen. Barnes, Dist 17; Sen. Johnson, Dist 2
COMMITTEE: Environment and Agriculture
This bill establishes a nonprofit New Hampshire municipal recycling authority and a municipal recycling grant fund. The recycling authority oversees and directs the expenditure of funds in the municipal recycling grant fund to encourage municipal recycling efforts.
This bill establishes a commission to study the tax exemption for water and air pollution control facilities.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0687
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT establishing a New Hampshire municipal recycling authority and establishing a commission to study the tax exemption for water and air pollution control facilities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Purpose. The purpose of this chapter is to establish an authority that shall award grants to municipalities and others to promote recycling in the state.
2 New Chapter; New Hampshire Municipal Recycling Authority. Amend RSA by inserting after chapter 149-O the following new chapter:
CHAPTER 149-P
NEW HAMPSHIRE MUNICIPAL RECYCLING AUTHORITY
149-P:1 Authority Established; Board of Directors.
I. There is hereby established the New Hampshire municipal recycling authority, a body corporate and politic. The authority is constituted as a public instrumentality of the state. The exercise by the authority of the powers conferred by this chapter shall be deemed and held to be the performance of public and essential governmental functions. The authority shall be a nonprofit corporation organized under RSA 292.
II. The authority shall be governed by a board of directors. A voting member shall not appoint a designee to act in his or her place. The chairperson shall be elected from among the public members. Board membership shall be as follows:
(a) Two members of the senate, to be appointed by the senate president.
(b) Two members of the house of representatives, to be appointed by the speaker of the house of representatives.
(c) Three public members, to be appointed by the governor and council:
(1) One of whom shall represent municipal interests;
(2) One of whom shall represent local planning interests; and
(3) One of whom shall represent regional planning commissions.
(d) Two members representing business interests, to be appointed by the governor and council.
(e) One member nominated by New Hampshire the Beautiful, Inc. and appointed by the governor and council.
(f) One member nominated by the Northeast Resource Recovery Association and appointed by the governor and council.
IV.(a) The terms of the members of the senate and the house of representatives shall be coterminous with their respective terms in office. Members appointed by the governor and council shall serve a 4-year term, and may serve no more than 12 successive years.
(b) Members appointed by the governor and council may be removed from office for cause, by the governor and council. Cause for removal shall include, but not be limited to, incapacity or failure to perform the duties of a member of the board of directors. Vacancies shall be filled for the unexpired term of the office in the same manner as the original appointment. Legislative members shall receive mileage at the legislative rate while attending to the duties of the authority.
V. Six voting members shall constitute a quorum. Decisions shall be made by a majority of those present and voting. Each member appointed shall have one vote on matters coming before the board. The board shall meet quarterly and at such other times as may be deemed necessary by the chairperson.
VI. Board members shall not be subject to civil liability for acts performed in accordance with their duties under this chapter.
149-P:2 Powers and Duties. The authority shall have the power to:
I. Adopt bylaws for the regulation of its affairs and the conduct of its business.
II. Adopt criteria and guidelines for awarding recycling grants.
III. Adopt definitions deemed important or necessary to carry out the purposes of this chapter.
IV. Oversee and direct the expenditure of funds deposited in the municipal recycling grant fund.
V. Actively encourage municipal recycling efforts.
VI. Prepare an annual report to be presented no later than December 1 of each year to the president of the senate, the speaker of the house of representatives, and the governor and council, and filed with the state library. The report shall detail the activities of the program during the past year. The report shall also include a historical summary of the program’s activities to date. A copy of the report shall be made available to any interested person.
VII. In addition, the authority may:
(a) Adopt an official seal.
(b) Maintain an office and hire staff.
(c) Apply for and accept from any source gifts and donations of money, including money from appropriate fundraising activities, labor, equipment, supplies, federal, local, private, and other matching funds and incentives, and other assets to be deposited in the municipal recycling grant fund established in RSA 149-P:3 for the purposes of this chapter and to aid the authority in the conduct of its affairs.
149-P:3 Grant Fund Established; Administration.
I. There is established in the office of the state treasurer a municipal recycling grant fund. Moneys in the fund, and any interest earned on the fund, shall be used for the purposes of this chapter and shall not be used for any other purpose. The fund shall be non-lapsing.
II. The state treasurer shall invest the sums deposited in a fund in a prudent manner consistent with the purposes of this chapter. Interest earned on moneys in the fund shall accrue to the fund to the extent allowed under federal law.
III. No funds of any state agency shall be transferred to the municipal recycling grant fund without specific authorization from the general court. Federal funds accepted by the fiscal committee and governor and council for purposes similar to those of this chapter may be deposited in the fund.
3 New Subparagraph; Municipal Recycling Grant Fund. Amend RSA 6:12, I by inserting after subparagraph (234) the following new subparagraph:
(235) Moneys deposited in the municipal recycling grant fund established in RSA 149-P:3
4 Commission Established. There is established a commission to study ways to encourage municipal recycling efforts and to study the tax exemption for water and air pollution control facilities under RSA 72:12-a.
I. The members of the commission shall be as follows:
(a) Four members of the house of representatives, appointed by the speaker of the house of representatives.
(b) Four members of the senate, appointed by the president of the senate.
(c) The commissioner of the department of environmental services, or designee.
(d) Two public members, appointed by the speaker of the house of representatives.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
III. The commission shall study the use and impact of exemptions granted under RSA 72:12-a.
IV. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section.
V. The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before November 30, 2005.
5 Effective Date.
I. Section 4 of this act shall take effect upon its passage.
II. The remainder of this act shall take effect 60 days after its passage.
LBAO
05-0687
Revised 2/2/05
HB 663 FISCAL NOTE
AN ACT establishing a New Hampshire municipal recycling authority and establishing a commission to study the tax exemption for water and air pollution control facilities.
FISCAL IMPACT:
The Department of Environmental Services and New Hampshire Municipal Association state this bill will increase state restricted revenue and expenditures, and local revenue by an indeterminable amount in FY 2005 and each year thereafter. There will be no fiscal impact on county and local expenditures or county revenue.
METHODOLOGY:
The Department of Environmental Services states this bill establishes a New Hampshire Municipal Recycling Authority and a municipal recycling grant fund. The Department cannot determine the amount of restricted revenue that will be deposited into the fund, or the amount of expenditures from the fund, since the bill does not guarantee any revenue to the fund. The Department assumes the New Hampshire Municipal Recycling Authority established in this bill would not hire staff or maintain an office until such time funding was made available through the fund.
The New Hampshire Municipal Association states this bill creates a nonprofit public entity to encourage recycling efforts and to oversee the awarding of recycling grants. To the extent that municipalities may be the recipients of such grants, there would be an indeterminable increase in local revenue. The Association is unable to determine the extent of the revenues that would be available or the specific municipalities that would be affected.
The Treasury Department states this bill will have no fiscal impact on the Department.