HB 1395-FN-A-LOCAL - AS INTRODUCED
2000 SESSION
HOUSE BILL 1395-FN-A-LOCAL
AN ACT establishing an advance disposal fee and establishing grants to fund municipal waste management programs and activities.
SPONSORS: Rep. Musler, Straf 6; Rep. B. Hall, Hills 20; Rep. Owen, Merr 6
COMMITTEE: Environment and Agriculture
This bill establishes an advance disposal fee to be assessed at the point of distribution on specified products. Fees shall be collected by the department of environmental services to be deposited in a special fund and used for grants for eligible waste reduction and management programs and activities.
This bill is a request of the department of environmental services.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2418
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT establishing an advance disposal fee and establishing grants to fund municipal waste management programs and activities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; Application of Receipts; General Revenue Exceptions; Waste Reduction and Management Fund. Amend RSA 6:12, I by inserting after subparagraph (aaaa) the following new subparagraph:
(bbbb) Moneys received under RSA 147-M:51, which shall be credited to the waste reduction and management fund established under RSA 147-M:53.
2 New Subdivision; Advance Disposal Fee; Waste Reduction and Management Fund. Amend RSA 149-M by inserting after section 50 the following new subdivision:
Advance Disposal Fee; Waste Reduction and Management Fund
149-M:51 Advance Disposal Fee. An advance disposal fee shall be imposed on the products specified in this section, to be collected by the department. The fee shall be assessed at the point of distribution at the following amounts:
I. Automotive coolant (antifreeze): $.08 per gallon.
II. Fluorescent lamps: $.10 per unit.
III. Items bearing cathode ray tubes: $1 per unit.
IV. Nickel-cadmium batteries and small sealed lead acid batteries: $.02 per unit.
V. Mercury thermostats and other mercury devices not otherwise specified in this section: $.45 per unit.
149-M:52 Collection of Fees.
I. All advance disposal fees collected by the department shall be deposited into the waste reduction and management fund.
II. The division of waste management shall adopt rules, pursuant to RSA 541-A, relative to procedures for fee collection.
III. The department may apply for, request, solicit, contract for, receive, and accept gifts, grants, donations, and other assistance from any source to carry out the purposes of this subdivision.
IV. If payment required by this chapter is not filed, or is incorrect or insufficient, the commissioner shall make a finding as such, and determine the amount of the fee due from any information available.
149-M:53 Waste Reduction and Management Fund.
I. There is hereby established the waste reduction and management fund, to be used for the purposes of this chapter. This nonlapsing, revolving special fund is hereby continually appropriated to be expended by the department in accordance with RSA 149-M. Notwithstanding RSA 147-B:3, all moneys collected under this subdivision and not currently needed to meet the obligations of the department under this subdivision, shall be deposited with the state treasurer who shall keep this money in a separate fund, designated the waste reduction and management fund, notwithstanding RSA 6:12. The state treasurer shall invest the moneys deposited as provided by law. Interest received on investments made by the state treasurer shall also be credited to the fund.
II. The department shall be responsible for the disbursement of the waste reduction and management fund through a grants program under rules adopted by the commissioner, pursuant to RSA 541-A. The department shall distribute funds to towns based upon the town's population, local and regional waste management needs, and past performance. The disbursements shall be consistent with the waste reduction and diversionary goals as provided in the state's solid waste management plan. Programs and activities eligible for funding under the grants program shall include:
(a) Public facilities, including the costs of planning, designing, constructing, and operating state, regional, or local facilities for the processing of eligible wastes that, because of their nature or composition, create particular or unique environmental, health, safety, or management problems. In providing funding under this subparagraph, priority shall be given to political subdivisions without public collection of wastes, followed by political subdivisions with inadequate collection of said wastes, followed by collection centers to be located at private businesses.
(b) An educational program for promoting the proper handling and disposal of wastes listed in RSA 149-M:51 by the public and by private businesses and encouraging the source reduction and recycling options as detailed in the state's solid waste hierarchy.
(c) Personnel, including up to 3 positions, and equipment and services to administer and enforce the provisions of this subdivision, and state and federal laws relative to the proper use, handling, and disposal of wastes listed in RSA 149-M:51.
(d) Competitive grants to political subdivisions, non-profit organizations, or private corporations whose primary activity is to reduce or divert waste from disposal to alternative uses or endpoints, and which shall be used for research, market development, or research development.
149-M:54 Agency Reporting. The department shall submit an annual report by September 1 of each year to the senate environment committee and the house environment and agriculture committee, commencing September 1, 2000, relative to the activities of the advance disposal fee program, disbursements from the waste reduction and management fund, and any recommendations for additional products to be assessed an advance disposal fee.
3 Effective Date. This act shall take effect July 1, 2000.
LBAO
00-2418
12/14/99
1395-FN-A-LOCAL - FISCAL NOTE
AN ACT establishing an advance disposal fee and establishing grants to fund municipal waste management programs and activities.
FISCAL IMPACT:
The Department of Environmental Services indicates this bill will increase state restricted revenues and expenditures by $531,682 and increase local revenue by $331,682 in FY 2001 and each year thereafter. There is no fiscal impact on county revenue or county and local expenditures.
METHODOLOGY:
The Department states that state revenue will increase from advance disposal fees by $531,682, as detailed below:
Annual Expected
Product Purchases Fee Annual Revenue
Antifreeze 63,333 $0.08 $ 5,067
Fluorescent Lamps 2,400,000 $0.10 240,000
CRTs 220,856 $1.00 220,856
Batteries 1,628,274 $0.02 32,566
Thermostats, etc. 73,763 $0.45 33,193
$531,682
The Department states that state expenditures will increase for the three positions authorized in this bill. These positions will be responsible for program implementation, including such tasks as fee collection, rule writing, grant awarding, program education and outreach, report preparation and program compliance. These personnel and administrative costs are estimated at $200,000 per year.
The Department states that local revenue will increase by $331,682 in grant awards. This grant revenue represents the difference between the expected fee revenue of $531,682 and program expenses of $200,000.