HB1386 (2024) Detail

Relative to prohibiting the disposal of lithium-ion batteries in solid waste landfill facilities, composting facilities, or incinerators.


HB 1386-FN - VERSION ADOPTED BY BOTH BODIES

 

7Mar2024... 0497h

05/02/2024   1619s

13Jun2024... 2212CofC

2024 SESSION

24-2494

12/08

 

HOUSE BILL 1386-FN

 

AN ACT relative to prohibiting the disposal of lithium-ion batteries in solid waste landfill facilities, composting facilities, or incinerators.  

 

SPONSORS: Rep. Ebel, Merr. 7; Rep. Simpson, Rock. 33; Rep. M. Murray, Hills. 37; Rep. Leishman, Hills. 33; Rep. Rochefort, Graf. 1; Rep. Wolf, Merr. 7; Rep. Rung, Hills. 12; Rep. Germana, Ches. 1; Rep. Aron, Sull. 4; Rep. Grote, Rock. 24; Sen. Pearl, Dist 17; Sen. Watters, Dist 4; Sen. Prentiss, Dist 5; Sen. Ricciardi, Dist 9; Sen. Avard, Dist 12

 

COMMITTEE: Environment and Agriculture

 

-----------------------------------------------------------------

 

AMENDED ANALYSIS

 

This bill prohibits the disposal of wet-cell and lithium-ion batteries and electronic devices in any solid waste landfill facility or incinerator in New Hampshire.  The amendment also requires towns, solid waste districts and owners/operators of landfills and incinerators to make educational materials available on the prohibition..

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

7Mar2024... 0497h

05/02/2024   1619s

13Jun2024... 2212CofC 24-2494

12/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to prohibiting the disposal of lithium-ion batteries in solid waste landfill facilities, composting facilities, or incinerators.  

 

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

 

1  Refuse Reduction; Wet-Cell and Lithium-Ion Batteries.  Amend RSA 149-M:27, II to read as follows:  

II.[  No wet-cell batteries shall be disposed of in a solid waste landfill facility or composting facility or incinerator, whether in a waste-to-energy facility or otherwise.](a)  No person shall dispose of any wet-cell batteries, lithium-ion batteries, or electronic devices in any solid waste landfill facility or incinerator in New Hampshire.

(b)  Owners or operators of such facilities shall not be found to have knowingly disposed of wet-cell batteries, lithium-ion batteries, or electronic devices, if the facility has implemented mechanisms to avoid such disposal.  These mechanisms shall include, at a minimum:

(1)  Posting informational signs at the facility giving notice of the disposal prohibition; or

(2)  Providing written notification to, or entering into agreements with, the facility's customers regarding the disposal prohibition.

(c)  Municipalities, solid waste districts, and owners or operators of solid waste landfill facilities and incinerators shall make available educational materials on safe handling and recycling of wet-cell batteries, lithium-ion batteries, and electronic devices.  Such entities should provide recycling opportunities for such batteries and devices, as possible.

2  Electronic Device; Definition.  RSA 149-M:4, VIII-a is repealed and reenacted to read as follows:

VIII-a.(a)  "Electronic device" means computer, computer monitor, computer peripheral, printer, device containing a cathode ray tube, television, wireless telephones, copiers, fax machines, and video display device, video display media recorder/player, or any other electronic device specified by rule promulgated by the department.

(b)  “Electronic device” does not include the following, unless removed from larger piece of equipment or appliance of which it is a part for recycling:

(1)  Any motor vehicle or any component part of a motor vehicle, including replacement parts thereof.

(2)  A device, including a touch screen display, that is functionally or physically part of a larger piece of equipment designed and intended for use in:

(A)  Industrial, governmental, commercial or research and development settings;

(B)   Security, sensing, border control or counterterrorism equipment;

(C)  Monitoring, diagnostic or control equipment; or

(D)  Commercial medical equipment that contains a video display device that is not separate from the larger piece of equipment.

(3)  A device that is contained within a:

(A)  Clothes washer or dryer;

(B)  Refrigerator, freezer or refrigerator and freezer;

(C)  Microwave over or conventional oven or range;

(D)  Dishwasher;

(E)  Room air conditioner, dehumidifier, or air purifier; or

(F)  Exercise equipment.

3  Responsibilities and Authority of the Department.  Amend RSA 149-M:6, VII-a to read as follows:

VII-a.  Collect and prepare information regarding opportunities for citizens and businesses to recycle materials, including electronic devices [waste], and develop an outreach campaign to disseminate that information including, as appropriate, information on the department's website, brochures, posters, mailings and e-mailings, press releases, and other appropriate means of communication.

4  Definitions; Computer.  RSA 149-M:4, IV-b is repealed and reenacted to read as follows:

IV-b.  “Computer“ means a laptop computer, desktop computer, tablet computer, or central processing unit of a computer that conveys electronic, magnetic, optical or electrochemical data, or other high-speed data processing device performing logical, arithmetic, or storage functions.  “Computer” does not include an automated typewriter, typesetter, or other similar device.  

5  New Paragraphs; Computers; Definitions.  Amend RSA 149-M:4 by inserting after paragraph IV-b the following new paragraphs:

IV-c.  “Computer monitor” means a display device without a tuner that can display pictures and sound and is used with a computer.

IV-d.  “Computer peripheral” means a keyboard, mouse or any other device sold exclusively for external use with a computer that produces input or output into or from a computer.

6  Repeal.  RSA 140-M:27, IV, relative to prohibited disposal, is repealed.

7  Effective Date.  This act shall take effect July 1, 2025.

 

LBA

24-2494

Amended 5/6/24

 

HB 1386-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2024-1619s)

 

AN ACT relative to prohibiting the disposal of lithium-ion batteries in solid waste landfill facilities, composting facilities, or incinerators.  

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [ X ] Local              [    ] None

 

 

Estimated State Impact - Increase / (Decrease)

 

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund(s)

None

 

Expenditures

$0

$0

Indeterminable Increase

Indeterminable Increase

Funding Source(s)

General Fund

Various Government Funds

Appropriations

$0

$0

$0

$0

Funding Source(s)

None

 

Does this bill provide sufficient funding to cover estimated expenditures? [X] No

Does this bill authorize new positions to implement this bill? [X] No

 

Estimated Political Subdivision Impact - Increase / (Decrease)

 

FY 2024

FY 2025

FY 2026

FY 2027

County Revenue

$0

$0

$0

$0

County Expenditures

$0

$0

Indeterminable Increase

Indeterminable Increase

Local Revenue

$0

$0

$0

$0

Local Expenditures

$0

$0

Indeterminable

Indeterminable

 

METHODOLOGY:

The Department of Environmental Services indicates this bill would expand the scope of existing statutory bans on the disposal of certain batteries and electronic items.  Under current law, RSA 149-M:27, II prohibits the disposal of wet-cell batteries such as automotive batteries.  The bill  would add a prohibition on disposal of lithium-ion batteries, commonly found in laptops, phones, and power tools.  RSA 149-M:27, IV currently prohibits the disposal of three specific types of electronic devices: video display devices, central processing units of computers, and video display media recorders/players.  The bill would expand upon this by prohibiting the disposal of ‘electronic devices,’ a defined term that includes the items currently prohibited from disposal, and adds wireless telephones, printers, copiers, fax machines, and computer peripherals which would include a variety of input/output devices like keyboards, mice, external disk drives, external hard drives, memory storage devices, scanners, modems, video cameras and speakers.

 

The Department offers the following information and assumptions concerning the fiscal impact of this bill:

  • The bill would not generate additional revenues for State, county or local governments.
  • Since the bill would prohibit disposal of certain items in landfills or incinerators, compliance would require management of these items through recycling.
  • There are existing options available for recycling of electronic devices, typically provided by private firms.  The Department is aware that municipalities and state agencies currently contract for electronic recycling services, and procuring these services typically represents a cost for the local or state entity.
  • Proposed RSA 149-M:27, II, (c) would require municipalities, solid waste districts, and facility owners to provide educational materials on safe handling of the wastes banned from disposal and to provide opportunities to recycle such items when possible.  This requirement may result in additional indeterminable costs for municipalities, however in many cases, municipalities may already be providing this information.

 

Because the bill adds new items to the list of electronic devices banned from disposal, the Department expects the bill would increase State, county and local expenditures by an indeterminate amount to the extent they provide waste management and recycling services.   The Department cannot precisely estimate the impact as it is not aware of the specific costs associated with recycling electronic waste.  In addition, the Department is not able to predict the overall quantity of “new” electronic waste that would be recycled.

 

The New Hampshire Municipal Association indicates, given the unpredictability of where lithium-ion batteries may be added into the solid waste stream, it is not possible to predict when and with what frequency fires may occur as a consequence of being processed in that waste stream.  However, the Association notes that good evidence exists that the majority of solid waste facility fires are started by lithium-ion batteries.  Costs associated with those fires include damage to waste disposal equipment, harm to persons and property, and wear and destruction of municipal property.  Additionally, fire departments incur costs responding to fires including wear on turnout gear and equipment and additional costs associated with overtime and other pay.  Incidents of fire which cause exposure to toxic chemicals, can require that turnout gear be replaced more frequently, and result in additional costs for medical treatment of firemen.  This bill would likely reduce such expenditures if the ban on disposal of lithium-ion batteries is effective.  It could reduce overall expenditures, despite any additional costs associated with signage, education of the public, and enforcement.  The Association does not expect additional local revenue as a consequence of this legislation.

 

The Department of Information Technology assumes the bill could result in additional expenditures for program outreach, but it is unclear which entity would be responsible for the outreach.  Regarding required updates to websites, the Department indicates such updates are business as usual and should not result in significant additional costs .

 

The Department of Administrative Services states that it has no operations or experience in the regulatory area governed by the bill and is not able to provide information on the potential fiscal impact.

 

 

AGENCIES CONTACTED:

Departments of Environmental Services, Administrative Services, Information Technology, and New Hampshire Municipal Association

 

Amendments

Date Amendment
Feb. 26, 2024 2024-0497h
April 23, 2024 2024-1619s

Links


Date Body Type
Feb. 6, 2024 House Hearing
Feb. 20, 2024 House Exec Session
Feb. 20, 2024 House Floor Vote
April 2, 2024 Senate Hearing
May 2, 2024 Senate Floor Vote
June 13, 2024 Senate Floor Vote
June 13, 2024 Senate Floor Vote
June 13, 2024 House Floor Vote

Bill Text Revisions

HB1386 Revision: 42638 Date: June 13, 2024, 3:09 p.m.
HB1386 Revision: 41773 Date: May 6, 2024, 10:11 a.m.
HB1386 Revision: 41705 Date: April 23, 2024, 3:54 p.m.
HB1386 Revision: 41104 Date: April 15, 2024, 12:39 p.m.
HB1386 Revision: 41035 Date: Feb. 26, 2024, 10:16 a.m.
HB1386 Revision: 39921 Date: Jan. 8, 2024, 10:42 a.m.

Docket


June 13, 2024: Conference Committee Report 2024-2212c: Adopted, DV 238-118 06/13/2024 HJ 16


June 12, 2024: Conference Committee Report # 2024-2212c, Adopted, VV; 06/13/2024; SJ 17


June 4, 2024: Conference Committee Report Filed, # 2024-2212c; 06/13/2024


June 3, 2024: Conference Committee Meeting: 06/03/2024 09:30 am LOB 203


May 30, 2024: President Appoints: Senators Avard, Pearl, Watters; 05/30/2024; SJ 16


May 30, 2024: Sen. Avard Accedes to House Request for Committee of Conference, MA, VV; 05/30/2024; SJ 16


May 24, 2024: House Non-Concurs with Senate Amendment 2024-1619s and Requests CofC (Reps. Aron, Ebel, Bixby, Creighton): MA VV 05/24/2024 HJ 14


May 2, 2024: Ought to Pass with Amendment 2024-1619s, MA, VV; OT3rdg; 05/02/2024; SJ 11


May 2, 2024: Committee Amendment # 2024-1619s, AA, VV; 05/02/2024; SJ 11


April 24, 2024: Committee Report: Ought to Pass with Amendment #2024-1619s, 05/02/2024, Vote 4-0; SC 17


March 27, 2024: Hearing: 04/02/2024, Room 103, SH, 09:15 am; SC 13


March 13, 2024: Introduced 03/07/2024 and Referred to Energy and Natural Resources; SJ 7


March 7, 2024: Ought to Pass with Amendment 2024-0497h: MA VV 03/07/2024 HJ 7 P. 10


March 7, 2024: Amendment # 2024-0497h: AA VV 03/07/2024 HJ 7 P. 10


Feb. 27, 2024: Committee Report: Ought to Pass with Amendment # 2024-0497h 02/20/2024 (Vote 18-0; CC) HC 9 P. 7


Feb. 14, 2024: Executive Session: 02/20/2024 10:00 am LOB 301-303


Feb. 6, 2024: Full Committee Work Session: 02/13/2024 10:00 am LOB 210-211


Jan. 30, 2024: Public Hearing: 02/06/2024 01:10 pm LOB 301-303


Dec. 6, 2023: Introduced 01/03/2024 and referred to Environment and Agriculture HJ 1