Revision: Jan. 14, 2020, 12:40 p.m.
SB 629-FN - AS INTRODUCED
SENATE BILL 629-FN
SPONSORS: Sen. Watters, Dist 4; Sen. Birdsell, Dist 19; Sen. Fuller Clark, Dist 21; Sen. Kahn, Dist 10; Rep. Ebel, Merr. 5; Rep. O'Connor, Rock. 6; Rep. M. Murray, Hills. 22; Rep. Wolf, Merr. 5
COMMITTEE: Energy and Natural Resources
I. Establishes the solid waste reduction management fund.
II. Establishes a solid waste disposal surcharge.
III. Repeals the existing surcharge on out-of-state waste.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
Be it Enacted by the Senate and House of Representatives in General Court convened:
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.
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.] Administer and enforce the provisions of RSA 149-R.
(359) Moneys deposited in the New Hampshire solid waste reduction management fund established in RSA 149-R:3.
SB 629-FN- FISCAL NOTE
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
Estimated Increase / (Decrease)
[ ] General [ ] Education [ ] Highway [ X ] Other - Solid waste reduction management fund
This bill establishes the solid waste reduction management fund, establishes a solid waste disposal surcharge and eliminates the existing surcharge on out-of-state waste.
The Department of Environmental Services provided the following facts and assumptions regarding the fiscal impact of this bill.
Based on the assumptions and information provided the Department estimated the fiscal impact as follows:
SOLID WASTE REDUCTION MANAGEMENT FUND
Quarterly Surcharge ($1.50 per ton X 1,978 million tons)
Payments to Municipalities (Approximately 500 tons X $1.50)
Subtotal (Net Revenue):
County Grants/County Revenue (None expected)
Municipal Matching Grants (Indeterminable)
Salary, benefits and associated costs for five new positions listed above.
Grant Program (Assuming 40-50% of Annual Revenue)
* Revenue in FY 2022 will consist of 3 quarterly payments. Municipal revenue would be for two quarters in FY 2022 as reports will be due by March 31. Expenditures for staff in FY 2022 are for half a year since the positions would be filled in December of 2021.
The Department indicates municipalities operating waste facilities may incur minimal administrative costs to complete the annual reporting forms. Such costs are expected to be minor because of the information would already be recorded for accounting purposes. In addition, counties may incur costs for the surcharge payment on waste generated by county facilities. There would be no impact or county revenue.
Department of Environmental Services