SB50 (2009) Detail

(New Title) relative to funds and programs of the department of environmental services, and relative to the duties of the exotic aquatic weeds and species committee.


CHAPTER 167

SB 50 – FINAL VERSION

03Jun2009… 1733h

2009 SESSION

09-0929

08/03

SENATE BILL 50

AN ACT relative to funds and programs of the department of environmental services, and relative to the duties of the exotic aquatic weeds and species committee.

SPONSORS: Sen. Merrill, Dist 21; Rep. Beaulieu, Hills 17; Rep. Messier, Hills 17

COMMITTEE: Energy, Environment and Economic Development

AMENDED ANALYSIS

This bill:

I. Authorizes the department of environmental services to use certain dedicated funds for additional purposes.

II. Modifies and extends certain exemptions from the toxics reduction law.

III. Further delays the repeal of the authorization for a pollution prevention program.

IV. Adds to the duties of the exotic aquatic weeds and species committee established under RSA 487:30.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03Jun2009… 1733h

09-0929

08/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to funds and programs of the department of environmental services, and relative to the duties of the exotic aquatic weeds and species committee.

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

167:1 Revolving Fund. Amend RSA 21-O:1-a to read as follows:

21-O:1-a Revolving Fund. In order to enhance its ability to provide education and training assistance to municipalities, regional agencies, [and] persons subject to regulation by the department, and the public a nonlapsing revolving fund, which shall not exceed $30,000 on June 30 of each year, shall be established in the department of environmental services. Any amounts in excess of $30,000 on June 30 of each year shall be deposited in the general fund as unrestricted revenue. The moneys in this fund shall be used for the purposes of:

I. Producing materials for distribution. A reasonable charge shall be established for each copy of a document. This charge shall be only in the amount necessary to pay the cost of creating and producing such document [in paper, electronic, or other media. The department of environmental services shall first request the department of corrections to perform the production functions required under this paragraph. If the department of corrections is unable to produce the materials required for distribution, the department of environmental services may then request any other state-owned facility to perform this function, and if all other state-owned facilities are unable to perform this request, the department of environmental services may then request public bids from privately owned facilities to produce the materials].

II. Providing training and educational materials to local and regional officials, and persons subject to regulation by the department. A reasonable charge shall be established for such training. This charge shall be fixed to reflect the cost of payments to experts to provide the training, the cost of written training material, rental of facilities, and advertising and other associated costs. Such training shall be conducted in a geographically dispersed manner and scheduled with the convenience of part-time officials in mind.

III. Implementing training courses for and administering tests for certification of solid waste operators, as provided under RSA 149-M:6, XIII.

IV. Producing geologic and other publications in electronic media format. A reasonable charge shall be established for electronic publications.

V. Providing educational materials to the general public that promote an awareness and understanding of issues critical to improving and protecting public health and a healthy environment.

VI. Cooperative efforts with the private sector for the purpose of bulk brochure distribution, familiarization tours, promotional programs, trade shows, and other projects generally recognized as beneficial to protecting and restoring the environment and public health in New Hampshire. All income received from participation in cooperative promotional programs, familiarization tours, trade shows, brochure distribution projects, and other promotional opportunities which become available shall be deposited into the fund.

167:2 Exemptions. Amend RSA 149-M:35, I(d)-(f) to read as follows:

(d) Packages and packaging components that would not exceed the maximum contaminant levels set forth in RSA 149-M:34, III, but for the addition of [post-consumer] recycled materials[. The exemption under this paragraph shall expire January 1, 2010, and]; provided that the exemption shall not apply to any cadmium, lead, mercury, or hexavalent chromium that has been recovered and separated from other materials for use as a metal or a metallic compound; and provided that the packages or packaging components do not exceed a maximum concentration limit of 200 parts per million for the use of the 4 metals.

(e) A package or packaging component that is reused but exceeds contaminant levels established in RSA 149-M:34, III, provided that the product conveyed by such packages or the packaging component is regulated under federal or state health or safety requirements; and provided that transportation of such packaged product is regulated under federal or state transportation requirements, and provided that disposal of such package is performed according to federal or state radioactive or hazardous waste disposal requirements, and provided that the manufacturer or distributor of the packages and packaging components notifies the department of the applicability of an exemption under this subparagraph to its packages or packaging components, and provided that an exemption under this [paragraph] subparagraph shall expire on January 1, [2010] 2020.

(f) A package or packaging component having reusable entities, which means a controlled distribution and reuse, that exceed the contaminant levels established in RSA 149-M:34, III, provided that the manufacturers or distributors of such package or packaging component shall petition the commissioner for exemption and receive approval from the commissioner, working with the Toxics in Packaging Clearinghouse according to standards for a plan established in this [paragraph] section and based upon satisfactory demonstrations that the environmental benefit of the controlled distribution and reuse is significantly greater as compared to the same package manufactured in compliance with the contaminant levels established in RSA 149-M:34, III; and provided that an exemption under this [paragraph] subparagraph shall expire on January 1, [2010] 2020.

167:3 New Subparagraph; Exemptions. Amend RSA 149-M:35, II by inserting after subparagraph (e) the following new subparagraph:

(f) A description of efforts to seek or develop alternatives to minimize or eliminate the use of the regulated metal in the package or packaging component.

167:4 Prospective Repeal Date Extended. Amend RSA 1996, 8:10, I, as amended by 2002, 74:3, to read as follows:

I. Section 9 of this act shall take effect July 1, [2010] 2020.

167:5 Exotic Aquatic Weeds and Species Committee. Amend RSA 487:30, III to read as follows:

III. The committee shall:

(a) Study the spread of exotic aquatic weeds and exotic aquatic species in the waters of New Hampshire[. The study shall include] including education, management, and potential means to eliminate the spread of these weeds and species[.]; and

(b) Aid the department in the control and eradication of milfoil.

167:6 New Paragraph; Exotic Aquatic Weeds and Species Committee. Amend RSA 487:30 by inserting after paragraph III the following new paragraph:

III-a. The committee may solicit, hold, and expend gifts, grants, and donations from any source to carry out the purposes of the committee.

167:7 Effective Date. This act shall take effect June 30, 2009.

Approved: July 8, 2009

Effective Date: June 30, 2009