Amendment 2024-0497h to HB1386 (2024)

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


Revision: Feb. 26, 2024, 10:16 a.m.

Rep. Ebel, Merr. 7

February 5, 2024

2024-0497h

12/05

 

 

Amendment to HB 1386-FN

 

Amend the bill by replacing all after the enacting clause with the following:

 

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  RSA 149-M:4, VIII-a is repealed and reenacted to read as follows: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, electrochemical, or other high-speed data processing device performing logical, arithmetic, 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 as 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.

2024-0497h

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.