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1 New Chapter; Solid Waste Reduction Management Fund. Amend RSA by inserting after chapter 149-Q the following new chapter:
CHAPTER 149-R
SOLID WASTE REDUCTION MANAGEMENT FUND
149-R:1 Findings and Purpose. The general court finds that the proper and integrated management of solid waste under RSA 149-M, including the enhancement of waste reduction and waste diversion methods, has become a matter of great concern. The general court hereby declares that the purpose of RSA 149-R is to provide support for the solid waste reduction technical assistance, planning, and regulatory and permitting activities of the department of environmental services; and to assist communities, businesses, and the general public with their efforts to improve solid waste reduction management activities.
149-R:2 Definitions. In this chapter:
I. "Commissioner" means the commissioner of the department of environmental services.
II. "Department" means the department of environmental services.
III. "Disposal" means depositing in a landfill or processing in an incinerator or waste-to-energy facility.
IV. "Fund" means the solid waste reduction management fund established under RSA 149-R:3.
V. "Solid waste" means solid waste as defined in RSA 149-M:4, XXII.
149-R:3 New Hampshire Solid Waste Reduction Management Fund Established.
I. There is hereby established the New Hampshire solid waste reduction management fund to be used for the purposes of this chapter.
II. This non-lapsing, revolving special fund is hereby continuously appropriated to be expended by the department in accordance with this chapter. All moneys not currently needed to meet the obligations of the department shall be deposited in a separate fund, designated the New Hampshire solid waste reduction management fund. The state treasurer shall invest the moneys deposited in accordance with RSA 6:8. Any earnings on fund moneys shall be added to the fund.
149-R:4 Purpose and Use of the Fund.
I. The fund shall be used for technical assistance and regulatory activities of the department's solid waste reduction management program, including costs for administration, planning, education and outreach, compliance monitoring, enforcement, and permitting activities directly associated with approved activities in this chapter.
II. The fund shall be used to provide annual payments to municipalities to offset costs associated with the solid waste disposal surcharge established under RSA 149-R:5, at the rate of $1.50 per ton of solid waste for which the municipality was financially responsible for disposal at a New Hampshire landfill, incinerator, or waste-to-energy facility, in accordance with procedures established by rulemaking under the authority of RSA 149-R:6, I.
III. The fund shall be used to provide matching grant funding to municipalities or private entities for projects, including a regional or municipal materials recycling facility operated by a public or private entity, and other regional recycling efforts, that will provide a demonstrated, significant improvement in waste diversion methods and contribute to reduction of wastes requiring disposal.
IV. The fund may be used to hire consultants, contractors, or to pay other necessary expenses directly associated with approved activities in this chapter.
149-R:5 Solid Waste Disposal Surcharge.
I. Beginning July 1, 2021, each holder of a permit issued pursuant to RSA 149-M for a landfill, incinerator, or waste-to-energy facility in New Hampshire shall pay to the department a quarterly surcharge of $1.50 per ton of solid waste disposed of at such facility.
II. Such payment shall be made quarterly by each facility permit holder, on forms and with supporting documentation as provided for in rulemaking conducted pursuant to RSA 149-R:6, I.
III. The department shall deposit surcharges collected under this section into the fund.
IV. Failure to pay surcharges within 60 days of the date due shall result in the assessment of interest at a rate established by the commissioner. The commissioner may waive all or any portion of interest for good cause. The department shall deposit interest collected under this section into the fund.
149-R:6 Rulemaking. The commissioner shall adopt rules, after public hearing and pursuant to RSA 541-A, relative to:
I. The time, amount, and manner of payment of solid waste disposal surcharges.
II. Required records to be kept by facility permit holders of the type and quantity of solid waste disposed.
III. Certified reports required to be submitted with surcharge payments by facility permit holders.
IV. The time, amount, and manner of payments to municipalities pursuant to RSA 149-R:4, II.
V. Certified reports required to be submitted by municipalities requesting payments pursuant to RSA 149-R:4, II.
VI. Administering matching grants pursuant to RSA 149-R:4, III.
VII. Uses of the fund and changes to uses of the fund.
149-R:7 Penalty; Fine. Any facility permit holder shall be guilty of a misdemeanor who:
I. Does not pay the surcharge required in RSA 149-R:5; or
II. Knowingly gives or causes to be given any false information in reports, records, or documents required by the department under RSA 149-R.
149-R:8 Annual Report. The department shall submit a biennial report commencing on October 1, 2021 to the governor and council, speaker of the house of representatives, and president of the senate, relative to the activities and finances of the solid waste management fund.
2 Administration and Enforcement of Solid Waste Reduction Management Fund. Amend RSA 149-M:6, XI to read as follows:
XI. Assess a surcharge on the disposal of out-of-state solid waste in the amount of $1 per ton, which shall be assessed against the person transporting the out-of-state solid waste to the facility and not assessed against the facility. The surcharge shall be assessed and collected only with respect to the first point of disposal, processing, or treatment within this state. The proceeds shall be used by the department to reduce and offset general fund expenditures for solid waste management.
3 New Subparagraph; New Hampshire Solid Waste Reduction Management Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (358) the following new subparagraph:
(359) Moneys deposited in the New Hampshire solid waste reduction management fund established in RSA 149-R:3.
4 Repeal. RSA 149-M:7, VII, relative to rulemaking relative to the out-of-state waste disposal surcharge, is repealed.
5 Effective Date. This act shall take effect July 1, 2020.
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1 New Chapter; Solid Waste Reduction Management Fund. Amend RSA by inserting after chapter 149-Q the following new chapter:
CHAPTER 149-R
SOLID WASTE REDUCTION MANAGEMENT FUND
149-R:1 Findings and Purpose. The general court finds that the proper and integrated management of solid waste under RSA 149-M, including the enhancement of waste reduction and waste diversion methods, has become a matter of great concern. The general court hereby declares that the purpose of RSA 149-R is to provide support for the solid waste reduction technical assistance, planning, and regulatory and permitting activities of the department of environmental services; and to assist communities, businesses, and the general public with their efforts to improve solid waste reduction management activities.
149-R:2 Definitions. In this chapter:
I. "Commissioner" means the commissioner of the department of environmental services.
II. "Department" means the department of environmental services.
III. "Disposal" means depositing in a landfill or processing in an incinerator or waste-to-energy facility.
IV. "Fund" means the solid waste reduction management fund established under RSA 149-R:3.
V. "Solid waste" means solid waste as defined in RSA 149-M:4, XXII.
149-R:3 New Hampshire Solid Waste Reduction Management Fund Established.
I. There is hereby established the New Hampshire solid waste reduction management fund to be used for the purposes of this chapter.
II. This non-lapsing, revolving special fund is hereby continuously appropriated to be expended by the department in accordance with this chapter. All moneys not currently needed to meet the obligations of the department shall be deposited in a separate fund, designated the New Hampshire solid waste reduction management fund. The state treasurer shall invest the moneys deposited in accordance with RSA 6:8. Any earnings on fund moneys shall be added to the fund.
149-R:4 Purpose and Use of the Fund.
I. The fund shall be used for technical assistance and regulatory activities of the department's solid waste reduction management program, including costs for administration, planning, education and outreach, compliance monitoring, enforcement, and permitting activities directly associated with approved activities in this chapter.
II. The fund shall be used to provide annual payments to municipalities to offset costs associated with the solid waste disposal surcharge established under RSA 149-R:5, at the rate of $1.50 per ton of solid waste for which the municipality was financially responsible for disposal at a New Hampshire landfill, incinerator, or waste-to-energy facility, in accordance with procedures established by rulemaking under the authority of RSA 149-R:6, I.
III. The fund shall be used to provide matching grant funding to municipalities or private entities for projects, including a regional or municipal materials recycling facility operated by a public or private entity, and other regional recycling efforts, that will provide a demonstrated, significant improvement in waste diversion methods and contribute to reduction of wastes requiring disposal.
IV. The fund may be used to hire consultants, contractors, or to pay other necessary expenses directly associated with approved activities in this chapter.
149-R:5 Solid Waste Disposal Surcharge.
I. Beginning July 1, 2021, each holder of a permit issued pursuant to RSA 149-M for a landfill, incinerator, or waste-to-energy facility in New Hampshire shall pay to the department a quarterly surcharge of $1.50 per ton of solid waste disposed of at such facility.
II. Such payment shall be made quarterly by each facility permit holder, on forms and with supporting documentation as provided for in rulemaking conducted pursuant to RSA 149-R:6, I.
III. The department shall deposit surcharges collected under this section into the fund.
IV. Failure to pay surcharges within 60 days of the date due shall result in the assessment of interest at a rate established by the commissioner. The commissioner may waive all or any portion of interest for good cause. The department shall deposit interest collected under this section into the fund.
149-R:6 Rulemaking. The commissioner shall adopt rules, after public hearing and pursuant to RSA 541-A, relative to:
I. The time, amount, and manner of payment of solid waste disposal surcharges.
II. Required records to be kept by facility permit holders of the type and quantity of solid waste disposed.
III. Certified reports required to be submitted with surcharge payments by facility permit holders.
IV. The time, amount, and manner of payments to municipalities pursuant to RSA 149-R:4, II.
V. Certified reports required to be submitted by municipalities requesting payments pursuant to RSA 149-R:4, II.
VI. Administering matching grants pursuant to RSA 149-R:4, III.
VII. Uses of the fund and changes to uses of the fund.
149-R:7 Penalty; Fine. Any facility permit holder shall be guilty of a misdemeanor who:
I. Does not pay the surcharge required in RSA 149-R:5; or
II. Knowingly gives or causes to be given any false information in reports, records, or documents required by the department under RSA 149-R.
149-R:8 Annual Report. The department shall submit a biennial report commencing on October 1, 2021 to the governor and council, speaker of the house of representatives, and president of the senate, relative to the activities and finances of the solid waste management fund.
2 Administration and Enforcement of Solid Waste Reduction Management Fund. Amend RSA 149-M:6, XI to read as follows:
XI. Administer and enforce the provisions ofRSA 149-R.
3 New Subparagraph; New Hampshire Solid Waste Reduction Management Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (358) the following new subparagraph:
(359) Moneys deposited in the New Hampshire solid waste reduction management fund established in RSA 149-R:3.
4 Repeal. RSA 149-M:7, VII, relative to rulemaking relative to the out-of-state waste disposal surcharge, is repealed.
5 Effective Date. This act shall take effect July 1, 2020.