Bill Text: NH HB413 | 2021 | Regular Session | Amended


Bill Title: Establishing a solid waste working group on solid waste management planning, relative to compost, and establishing a statewide solid waste disposal reduction goal.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2021-06-10 - House Concurs with Senate Amendment 2021-1241s (Rep. Pearl): Motion Adopted Voice Vote 06/10/2021 [HB413 Detail]

Download: New_Hampshire-2021-HB413-Amended.html

HB 413 - AS AMENDED BY THE SENATE

 

7Apr2021... 0343h

05/06/2021   1241s

 

2021 SESSION

21-0605

08/06

 

HOUSE BILL 413

 

AN ACT establishing a solid waste working group on solid waste management planning, relative to compost, and establishing a statewide solid waste disposal reduction goal.

 

SPONSORS: Rep. Ebel, Merr. 5; Rep. M. Murray, Hills. 22; Rep. Sykes, Graf. 13; Rep. Wolf, Merr. 5; Rep. Merner, Coos 7; Rep. Suzanne Smith, Graf. 8; Rep. Graham, Hills. 7; Rep. Milz, Rock. 6; Rep. Massimilla, Graf. 1; Rep. Von Plinsky, Ches. 7; Sen. Hennessey, Dist 1; Sen. Whitley, Dist 15; Sen. Watters, Dist 4; Sen. Ward, Dist 8; Sen. Prentiss, Dist 5

 

COMMITTEE: Environment and Agriculture

 

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AMENDED ANALYSIS

 

This bill:

 

I.  Establishes a solid waste working group on solid waste management planning.

 

II.  Requires the department of environmental services to make certain rules regarding compost.

 

III.  Establishes a statewide solid waste disposal reduction goal.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

7Apr2021... 0343h

05/06/2021   1241s 21-0605

08/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT establishing a solid waste working group on solid waste management planning, relative to compost, and establishing a statewide solid waste disposal reduction goal.

 

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

 

1  Purpose and Findings.  The general court finds that proper solid waste management protects public health and the environment and preserves natural resources.  To adequately prepare the state for future solid waste challenges, New Hampshire must review and update its solid waste management laws and policies and its solid waste management plan, engage in vigorous long-range planning, and develop creative, effective solutions.  Other states in the region have devoted significant effort and funds to future solid waste management planning.  New Hampshire lags behind in updating its solid waste reduction and recycling policies, while solid waste disposal capacity rapidly diminishes to the detriment and expense of the state’s citizens, municipalities, and businesses.  This working group is being established to assist the department of environmental services plan our state’s solid waste future.

2  New Subdivision; Solid Waste Working Group.  Amend RSA 149-M by inserting after section 60 the following new subdivision:

Solid Waste Working Group

149-M:61  Solid Waste Working Group.  

I.  The solid waste working group shall be convened by the department of environmental services and shall have, at a minimum, the following members:

(a)  One member of the house, appointed by the speaker of the house of representatives.

(b)  One member of the senate, appointed by the president of the senate.

(c)  One member of the waste management council, appointed by the chair of the council.

(d) One member representing owners of in-state landfills that also operate a major materials recovery facility.

(e) One member representing publicly owned in-state landfills.

(f) One member representing in-state solid waste haulers that do not operate landfills.

(g) One member representing companies that reprocess post-consumer waste into products for sale or for reuse themselves.

(h) One representative of the Northeast Resource Recovery Association, appointed by that association.

(i) One member representing cities with single stream recycling, to be appointed by the New Hampshire Municipal Association.

(j) One member representing rural communities using source separated recycling, to be appointed by the New Hampshire Municipal Association.

(k)  One representative of the New Hampshire healthcare industry, appointed by the New Hampshire Hospital Association.

(l) One representative of the Northeast Recycling Council, appointed by that council.

(m) One member with expertise in solid waste-related sustainability issues, appointed by chancellor of the university system.

(n) The commissioner of the department of business and economic affairs, or designee.

(o) The commissioner of the department of environmental services, or designee.

(p)  Any other members the commissioner of the department of environmental services deems necessary.

II.  Unless otherwise indicated, the members of the working group shall be appointed by the commissioner.  Terms for state agency and legislative members shall be the same as their terms in office. All other working group members shall serve for the duration of the working group. Upon term expiration, each appointed member shall hold office until a successor shall be appointed and qualified.

III.  The solid waste working group shall:

(a)  Assist the department in long-range planning for and the development of creative, effective solutions to the state’s solid waste management challenges.

(b)  Review and make recommendations for changes to the state’s existing solid waste reduction, recycling, and management policies, programs, goals, and initiatives.   

(c)  Review and make recommendations regarding the impact of regional solid waste management initiatives, including landfill waste disposal bans, on our state and our solid waste disposal landfill capacity.

(d)  Advise the department in the development of the solid waste management plan required by RSA 149-M:29.

(e)  Review and recommend methods to better provide technical assistance and educational outreach to municipalities, schools, businesses, and the public regarding solid waste reduction, recycling, and management policies.

(f)  Review and recommend ways to better implement the solid waste hierarchy and solid waste reduction goals, under RSA 149-M:3.

(g)  Review and make recommendations based on the 2019, 265 (HB 617) study committee report on recycling and solid waste management in New Hampshire.  

(h)  Review such other matters as the working group deems necessary and to recommend any related legislation, policy, or rule changes.

IV.  The working group shall hold its organizational meeting no later than November 1, 2021.  The working group shall submit its initial report on November 30, 2022 and its final report on November 1, 2026, to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, the state library and the house and senate committees responsible for solid waste oversight.

3  Compost; Rulemaking.  The commissioner shall enact rules pursuant to RSA 149-M:7, XV by September 30, 2021 relative to requirements and best practices for facilities that compost organics, including vegetable matter, meat, meat byproducts, dairy products, and dairy product derivatives.

4  Repeal.  RSA 149-M:61, relative to the solid waste working group, is repealed.

5  Solid Waste Disposal Reduction Goal.  Amend RSA 149-M:2 to read as follows:

149-M:2  Solid Waste Disposal Reduction Goal.

I.  The general court declares its concern that there are environmental and economic issues pertaining to the disposal of solid waste in landfills and incinerators.  It is important to reserve landfill and incinerator capacity for solid wastes which cannot be reduced, reused, recycled or composted.  [The general court declares that the goal of the state, by the year 2000, is to achieve a 40 percent minimum weight diversion of solid waste landfilled or incinerated on a per capita basis.  Diversion shall be measured with respect to changes in waste generated and subsequently landfilled or incinerated in New Hampshire.  The goal of weight diversion may be achieved through source reduction, recycling, reuse, and composting, or any combination of such methods.]  The general court discourages the disposal of recyclable materials in landfills or processing of recyclable materials in incinerators.

II.  [In exercising any and all powers conferred upon the department under this chapter, the department shall use and consider criteria relevant to the waste reduction goal and disposal hierarchy established in RSA 149-M:2 and 149-M:3.  The department shall not take any action relative to the 40 percent weight reduction goal which causes the municipalities organized under RSA 53-A and 1986, 139 or RSA 53-B to violate or incur penalties under legal obligations existing on June 26, 1990.]  The general court further declares a goal to reduce the quantity by weight of solid waste disposed by 25 percent by the year 2030, and by 45 percent by the year 2050.  For the purposes of this goal, disposal reduction targets shall apply, on a combined basis, to disposal of municipal solid waste and construction and demolition debris, and shall be measured against baseline quantities of these wastes disposed of in the year 2018.  For the purposes of this goal only, municipal solid waste means solid waste generated at residences, commercial or industrial establishments, and institutions, but excludes automobile scrap and other motor vehicle waste, infectious waste, asbestos waste, contaminated soil and other absorbent media, sludge, industrial process waste, and ash other than ash from household stoves.  Disposal reduction may be achieved through source reduction as well as diversion including but not limited to reuse, recycling, and composting.  For the purposes of this section "goal" shall not establish a mandate.  

III.  In exercising any and all powers conferred upon the department under this chapter, the department shall use and consider criteria relevant to the disposal reduction goal and solid waste management hierarchy established in this section and RSA 149-M:3.  The department shall not take any action relative to the reduction goal which causes the municipalities organized under RSA 53-A and 1986, 139 or RSA 53-B to violate or incur penalties under legal obligations existing on June 26, 1990.

6  State Solid Waste Disposal Reduction Goal.  Amend the introductory paragraph of RSA 149-M:29, II to read as follows:

II.  [At least every] Beginning October 1, 2023 [of every odd-numbered] and every odd-numbered year thereafter, the department shall prepare a report on the level of achievement in reaching the [40 percent diversion] goal established in RSA 149-M:2 and on proposed strategies for achieving the goal and any proposed changes to the goal.  The report shall contain information regarding:

7  State Solid Waste Plan.  Amend RSA 149-M:29, I to read as follows:

I.  Beginning October 1, [1998] 2022, in accordance with the state waste planning update schedule requirements of this section dating to October 1, 1998, and every [6] 10 years thereafter, the department shall update the state's solid waste plan, which shall be made available for public review and comment before final publication, and which shall contain, at minimum, the following elements:

(a)  Goals, strategies, and actions to reduce solid waste generation through source reduction, to increase diversion through methods such as reuse, recycling and composting, and to achieve the state’s solid waste disposal reduction goal, with such efforts incorporating the principles of the solid waste management hierarchy established in RSA 149-M:3.

(b)  Discussion of opportunities to reduce solid waste generation through source reduction and increase diversion through methods such as recycling and composting.

(c)  Goals, strategies, and actions necessary to maintain and ensure adequate disposal capacity for management of waste generated in New Hampshire.

8  Effective Date.  

I.  Section 4 of this act shall take effect November 1, 2026.

II.  Sections 5 through 7 of this act shall take effect 60 days after its passage.

III.  The remainder of this act shall take effect upon its passage.

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