Revision: Aug. 27, 2024, 7:25 a.m.
CHAPTER 369
HB 1386-FN - FINAL VERSION
7Mar2024... 0497h
05/02/2024 1619s
13Jun2024... 2212CofC
13Jun2024... 2369EBA
2024 SESSION
24-2494
12/08
HOUSE BILL 1386-FN
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
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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.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
7Mar2024... 0497h
05/02/2024 1619s
13Jun2024... 2212CofC
13Jun2024... 2369EBA 24-2494
12/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
369:1 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.
369:2 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 a 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 oven or conventional oven or range;
(D) Dishwasher;
(E) Room air conditioner, dehumidifier, or air purifier; or
(F) Exercise equipment.
369:3 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.
369:4 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.
369:5 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.
369:6 Repeal. RSA 149-M:27, IV, relative to prohibited disposal, is repealed.
369:7 Effective Date. This act shall take effect July 1, 2025.
Approved: August 23, 2024
Effective Date: July 01, 2025