HB503 (2008) Detail

Relative to establishing a solid waste management fund and assessing a surcharge for the disposal of solid waste.


HB 503-FN – AS INTRODUCED

2007 SESSION

07-0865

08/03

HOUSE BILL 503-FN

AN ACT relative to establishing a solid waste management fund and assessing a surcharge for the disposal of solid waste.

SPONSORS: Rep. Powers, Rock 16; Rep. Beaulieu, Hills 17; Rep. O’Connell, Hills 6; Rep. Kaen, Straf 7; Sen. Fuller Clark, Dist 24

COMMITTEE: Environment and Agriculture

ANALYSIS

This bill establishes a solid waste management fund, increases the surcharge on the disposal of solid waste and extends its application to include in-state solid waste, authorizes waste management grants, and changes the name, duties, and membership of the recycling market development steering committee.

This bill was requested by the department of environmental services.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0865

08/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to establishing a solid waste management fund and assessing a surcharge for the disposal of solid waste.

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

1 Disposal of Solid Waste; Surcharge. RSA 149-M:6, XI is repealed and reenacted to read as follows:

XI. Assess a surcharge on the disposal of solid waste in the amount of $2.50 per ton, which shall be assessed against the facility. Proceeds of such surcharge shall be deposited into the solid waste management fund established in RSA 149-M:58.

2 Rulemaking; Solid Waste Surcharge. Amend RSA 149-M:7, VII to read as follows:

VII. Administration of and standards for the assessment and collection of the [out-of-state] solid waste surcharge pursuant to RSA 149-M:6, XI, and for disbursements made from the solid waste management fund pursuant to RSA 149-M:60.

3 New Subdivision; Funding for Solid Waste Management and Recycling. Amend RSA 149-M by inserting after section 57 the following new subdivision:

Funding for Solid Waste Management and Recycling

149-M:58 Solid Waste Management Fund.

I. There is hereby established in the office of the treasurer, a solid waste management fund which shall be kept distinct and separate from all other funds. Moneys received from the surcharge established under RSA 149-M:6, XI shall be credited to such fund. Such fund shall be nonlapsing and continually appropriated to the department for the planning, recycling, and regulation of solid waste and for the investigation of solid waste complaints and cleanup of abandoned solid waste sites.

II. The surcharge established under RSA 149-M:16, XI shall accrue and be paid to the department on upon forms prescribed by the department under 149-M:7, VII on a quarterly basis. The respective 3 month accrual periods shall end on March 31, June 30, September 30, and December 31, with payment due by the following April 30, July 31, October 31, and January 31, respectively. Interest charged at the statutory rate shall be imposed on accrued balances not paid by the payment date.

III. Solid waste facility operators shall retain an amount equal to 1 percent of the surcharge collected under RSA 149-M:6, XI at the facility during each quarter as payment for collecting the surcharge.

IV. The department shall have the authority to conduct audits of the records of solid waste facilities to ensure compliance with this section. Solid waste disposal facilities shall maintain accurate records of the weight of solid waste disposed or incinerated, the amount of surcharge collected and paid, and the amount retained under 149-M:58, III and submit such records to the department on a quarterly basis with the surcharge payment required by 149-M:58, II. Solid waste disposal facilities shall maintain copies of such records for a period of 5 years.

149-M:59 Exemptions. The following shall not be subject to the surcharge imposed under RSA 149-M:6, XI.

I. Any material that is delivered to a solid waste facility and is not landfilled or incinerated at that facility.

II. Yard waste, including logs, stumps, leaves, and roots.

III. Roadside wastes delivered to a landfill or incinerator when the facility operator certifies that the facility has accepted those wastes without any disposal charge.

IV. Cover material that is placed over solid waste at a landfill in accordance with an approved facility operation plan and defined by rules adopted under RSA 149-M:7.

V. Incinerator ash that is landfilled, provided the ash was generated at an in-state incinerator.

149-M:60 Use of Funds.

I. Up to 40 percent of surcharge revenues deposited into the solid waste management fund established under 149-M:58, I shall be available to the department for solid waste management including technical assistance, permitting, regulatory compliance, complaint investigation, and cleanup of abandoned solid waste sites.

II. At least 60 percent of surcharge revenues deposited into the solid waste management fund established under 149-M:58, I shall be available for recycling, solid waste reduction, household hazardous waste collection and management, electronic waste management, and solid waste management grants in the following proportions:

(a) At least 80 percent to municipalities subject to the surcharge;

(b) Up to 10 percent to nonprofit organizations, registered and in good standing with the attorney general, to assist municipalities in the marketing of recyclables;

(c) Up to 10 percent to businesses, registered and in good standing with the secretary of state, for the sole purpose of recycling.

III. Application forms for grants under 149-M:60, II shall be developed by the department under 149-M:7, VII.

IV. Grants made under 149-M:60, II shall be made semiannually by the department upon authorization by the recycling steering committee established under RSA 149-0.

4 Recycling Steering Committee. RSA 149-O is repealed and reenacted to read as follows:

CHAPTER 149-O

RECYCLING STEERING COMMITTEE

149-O:1 Committee Established. There is established a recycling steering committee to promote recycling in New Hampshire.

149-O:2 Duties. The recycling steering committee shall have the following duties:

I. Advocating for recycling and waste reduction in New Hampshire.

II. Authorizing recycling, waste reduction, and waste management grants to be made to municipalities, businesses, and nonprofit organizations by the department of environmental services using funds from the solid waste management fund established by RSA 149-M:58.

III. Establishing priorities for grants distributed under RSA 149-O:2, II.

149-O:3 Membership.

I. The recycling steering committee shall consist of the following members, representing the major segments of the state’s recycling community:

(a) One member of the house of representatives, appointed by the speaker of the house of representatives.

(b) One member of the senate, appointed by the president of the senate.

(c) One representative of New Hampshire’s environmental community, appointed by the governor.

(d) A person responsible for recycling coordination in the department of environmental services, or another appropriate representative of the department, appointed by the commissioner of the department of environmental services.

(e) A representative from the New Hampshire Municipal Association, appointed by the association.

(f) The executive director of the Northeast Resource Recovery Association.

(g) A representative of the Business and Industry Association of New Hampshire, appointed by the association.

II. The members shall elect a chairperson and vice-chairperson.

III. Members shall be appointed for a period of 4 years.

149-O:4 Meetings. The recycling steering committee shall meet quarterly and at such other times as the chairperson may call.

149-O:5 Report. The recycling steering committee shall prepare an annual report detailing the committee’s work, including the number, dollar amount, and recipients of grants recommended under RSA 149-O:2, II. The committee shall submit the report by February 1 each year to the chairperson of the house and senate standing committees having jurisdiction over environmental matters, the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the state library, and the governor, and the commissioner of the department of environmental services.

149-O:6 Mileage. Members shall serve without compensation except that legislative members shall receive legislative mileage while conducting recycling steering committee business.

5 Reference Change. Amend RSA 149-M:29, II(h) to read as follows:

(h) The status of efforts by the [market development] recycling steering committee established in RSA 149-O:1.

6 New Subparagraph; Solid Waste Management Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (252) the following new subparagraph:

(253) Moneys deposited in the solid waste management fund established by RSA 149-M:58.

7 Effective Date. This act shall take effect July 1, 2008.

LBAO

07-0865

01/25/07

HB 503-FN - FISCAL NOTE

AN ACT relative to establishing a solid waste management fund and assessing a surcharge for the disposal of solid waste.

FISCAL IMPACT:

      The Department of Environmental Services has determined this bill could increase state, county, and local revenue, decrease state general fund expenditures, and increase state restricted and local expenditures by an indeterminable amount in fiscal year 2009 and each year thereafter. There is no fiscal impact on county expenditures.

METHODOLOGY:

    The Department of Environmental Services states this bill establishes a solid waste management fund, increases the solid waste disposal fee, and extends its application to include in-state solid waste. The Department states current expenditures for solid waste management is approximately $1.7 million in general funds. The surcharge established by this bill will replace general funds in a dollar for dollar manner. The Department states fees are assessed based on the tonnage of solid waste disposed of in landfills or incinerators and estimates tonnage based on 2001 through 2005 tonnage as reported by solid waste facilities with projected increases. The fee established by this bill is $2.50 per ton. The Department assumes this bill will increase recycling, which decreases disposal, and therefore state revenue from disposal fees, however the fiscal impact cannot be determined. The Department states a portion of the revenue collected by the state will be channeled back to municipalities through non-profit organizations in the form of direct grants, services, training, and equipment, but is unable to estimate the amount. There is no cost to counties because there are no county owned solid waste facilities but the counties would still be eligible for household hazardous waste or electronics waste grants of an indeterminable amount. The Department states this bill takes effect on July 1, 2008 and the fee is based on a calendar year therefore the fees collected in FY 2009 will only be for 6 months. State revenue and expenditures related to this bill are estimated as follows:

    State General Fund Expenditures

                    FY 2009 FY 2010 FY 2011

    Reduction in Current Solid Waste

                      LBAO

                      07-0865

                      01/25/07

    Management Expenditures $(892,868) $(1,857,166) $(1,931,452)

    Solid Waste Management Fund (SWMF) Revenue and Expenditures

                    FY 2009 FY 2010 FY 2011

      Fee Revenue @ $2.50 per ton $2,470,162 $4,964,473 $4,988,622

    Total SWMF Revenue $2,470,162 $4,964,473 $4,988,622

    Current Solid Waste Management

    Expenditures $ 892,868 $1,857,166 $1,931,452

    Grant Funding to Municipalities 977,294 2,005,670 1,976,166

    Payment for E-Waste and Household

    Hazardous Waste Collections 250,000 600,000 600,000

    Solid Waste Response and Cleanup

    Fund 150,000 150,000 150,000

    Grant Funding to Non-Profits

    and Businesses 200,000 351,637 331,004

    Total SWMF Expenditures $2,470,162 $4,964,473 $4,988,622

    Local revenue and expenditures related to this bill are as follows:

                    FY 2009 FY 2010 FY 2011

    Grant Funding from State 977,294 2,005,670 1,976,166

    Receipts for E-Waste and Household

    Hazardous Waste Collections 250,000 600,000 600,000

    Total Local Revenues $1,227,294 $2,605,670 $2,576,166

    Local Expenditures for

    Waste Disposal Fee $ 931,453 $1,854,033 $1,845,161