The Senate met at 10:00 a.m.

A quorum was present.

The prayer was offered by Rev. Canon Marthe F. Dyner, Senate Guest Chaplain.

Senator Below led the Pledge of Allegiance.

Senator J. King offered the following:

Tuesday, September 7, 1999 - First day for draft request

Friday, October 15, 1999 - Last day for draft request with all information

except for new bills resulting from study committees.

Wednesday, December 8, 1999 - Sign off

Wednesday, January 5, 2000 - First session day of year 2000

Monday, February 28-March 6, 2000 - Vacation Week

HB 577, relative to the power of a school district to expend catastrophic special education funds and relative to the exemption of certain unexpected catastrophic special education expenses from the provisions of the municipal budget law. Education Committee. Vote 8-0. Ought to pass with amendment, Senator Gordon for the committee.

1999-2037s

04/09

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

1 Special Education; State Aid; School District Authority Amended. Amend RSA 186-C:18, VIII to read as follows:

VIII. A school district shall raise [and], appropriate and expend funds, reflecting the total cost in meeting catastrophic special education student costs as provided under RSA 186-C:18, including the school district and department of education liability. A school district may issue reimbursement anticipation notes as provided for in RSA 198:20-d to be redeemed upon receipt of reimbursement from the state. The department of education shall be liable for the cost of the school districts borrowing of any funds for special education student costs over 3-1/2 times the estimated state average expenditure per pupil for the school year preceding the year of distribution.

2 New Paragraph; Special Education; Catastrophic Aid Expenses. Amend RSA 186-C:18 by inserting after paragraph IX the following new paragraph:

X. Unexpected special education costs incurred by a school district which are eligible for reimbursement from the state pursuant to RSA 186-C:18, III and which could not be identified prior to the adoption of the local district budget shall be exempt from the provisions of RSA 32:8, RSA 32:9 and RSA 32:10.

3 Effective Date. This act shall take effect upon its passage.

HB 314, relative to the escrowing of certain utility payments. Energy and Economic Development Committee. Vote 7-0. Rereferred to Committee, Senator F. King for the committee.

HB 599-FN-A, establishing a committee to study the integration of technology at the state, county, and municipal levels. Energy and Economic Development Committee. Vote 4-0. Inexpedient to Legislate, Senator F. King for the committee.

HB 645-FN-A, relative to telecommunications equipment assistance and the enhanced 911 system. Energy and Economic Development Committee. Vote 7-0. Ought to Pass, Senator Fraser for the committee.

HB 649-FN-A, relative to nitrogen oxide emissions from electricity generation. Energy and Economic Development Committee. Vote 7-0. Ought to pass with amendment, Senator Below for the committee.

1999-2066s

08/10

Amend the introductory paragraph of RSA 125-J:1, XIX-c as inserted by section 2 of the bill by replacing it with the following:

XIX-c "NOx-emitting generation source" means any internal combustion engine or combustion turbine which generates electricity for use or sale, except for sources which meet the definition of a NOx budget source. NOx-emitting generation source shall not include any generators which:

Amend RSA 125-J:13, II(b) as inserted by section 3 of the bill by replacing it with the following:

(b) The payment provided for in subparagraph II(a) shall be made annually and shall be equal to the number of tons of NOx emitted by the NOx-emitting generation source, less the tons of NOx not requiring emission reduction mechanisms under paragraph I, times a fee of $200 per ton for tons emitted during the period running May 1 to September 30 and a fee of $100 per ton for tons emitted during the period running October 1 to April 30. These fees shall be multiplied by:

(1) Zero for tons emitted prior to January 1, 2000.

(2) One for tons emitted between January 1, 2000 and June 30, 2000, inclusive.

(3) Two for tons emitted between July 1, 2000 and June 30, 2001, inclusive.

(4) Three for tons emitted between July 1, 2001 and June 30, 2002, inclusive.

(5) Four for tons emitted between July 1, 2002 and June 30, 2003, inclusive.

(6) Five for tons emitted on or after July 1, 2003, so that fees for the May 1 to September 30 period are capped at $1,000 per ton and the fees for the October 1 to April 30 period are capped at $500 per ton after July 1, 2003.

Amend RSA 125-J:13, III as inserted by section 3 of the bill by replacing it with the following:

III. The provisions of paragraphs I and II shall not apply:

(a) For a period of 8 years from the effective date of this section, to any electricity generating source which existed as of July 1, 1999, was permitted by the department, whether on a temporary or permanent basis, including any permit renewal or modification, whether applied for or issued, pertaining to any such generating source; and

(b) For a period of 6 years from the effective date of this section, to any electricity generating source which, as of May 1, 1999, filed an application for a permit with the division containing substantial but not necessarily complete information; and

(c) To any electricity generating source which replaces an electricity generating source described in subparagraph III(a) or (b) above and which emits fewer pounds of NOx per kilowatt-hour than the electricity generating source described in subparagraph III(a) or (b) above, but only for the period of time remaining in the exemption applicable to the replaced electrical generation source, as determined by the department, and only to the extent of the generating capacity of the replaced electrical generation source.

Amend the bill by replacing section 4 with the following:

4 New Subparagraph; Nitrogen Oxide Emissions Reduction Fund Created. Amend RSA 6:12, I by inserting after subparagraph (aaaa) the following new subparagraph:

(bbbb) Moneys received by the department of environmental services under RSA 125-J:13, II, which shall be credited to the nitrogen oxide emissions reduction fund.

1999-2066s

AMENDED ANALYSIS

This bill requires any new NOx-emitting generation source, except certain replacement sources, to supply NOx emissions information and acquire NOx budget allowances or other emissions reduction mechanisms.

This bill requires such sources to make a direct payment to the department which shall be credited to a special fund, for each ton of NOx emitted if emissions reduction mechanisms are not utilized, and provides a formula for the calculation of such fees.

This bill also defines NOx-emitting generation source.

HCR 8, urging improvements to the Kyoto Protocol prior to its implementation. Environment Committee. Vote 7-0. Inexpedient to Legislate, Senator Russman for the committee.

HB 224-FN-A, establishing a joint committee on code enforcement. Executive Departments and Administration Committee. Vote 3-0. Ought to Pass, Senator Larsen for the committee.

HB 346-FN-A, relative to permissible fireworks. Executive Departments and Administration Committee. Vote 4-0. Ought to pass with amendment, Senator Cohen for the committee.

1999-2019s

03/10

Amend RSA 160-B:6, III-a as inserted by section 8 of the bill by replacing it with the following:

III-a. Buildings used for the sale or storage of display and consumer fireworks shall be dedicated solely to the sale or storage of display and consumer fireworks and items relating to the sale and promotion of fireworks provided for in rules adopted by the commissioner pursuant to RSA 541-A and shall comply with the applicable requirements of the state fire code adopted pursuant to RSA 153:5.

Amend RSA 160-B:6, V as inserted by section 8 of the bill by replacing it with the following:

V. The fee for a license for each location shall be [$1,000] $1,500 per year, payable annually to the department of safety for deposit into the general fund.

Amend RSA 160-C:3, VII as inserted by section 14 of the bill by replacing it with the following:

VII. The fee for a license for each location shall be $1,500 per year, payable annually to the department of safety for deposit into the general fund.

Amend RSA 160-C:10, III as inserted by section 14 of the bill by replacing it with the following:

III. Any person who sells permissible fireworks shall post, in a prominent place within the pubic area of the store, a list with the appropriate United States Department of Transportation EX number of each item on the premises.

Amend the bill by replacing section 21 with the following:

21 Effective Date. This act shall take effect upon its passage.

HB 363-FN, increasing the bonding limit of the school building authority. Executive Departments and Administration Committee. Vote 3-0. Ought to Pass, Senator Cohen for the committee.

HB 553-FN-A, establishing a commission on the status of men. Executive Departments and Administration Committee. Vote 5-0. Rereferred to Committee, Senator Trombly for the committee.

HB 602-FN, establishing the position of health insurance consumer assistant. Insurance Committee. Vote 5-0. Inexpedient to Legislate, Senator Fraser for the committee.

HB 669-FN, relative to the determination of current comparable compensation for persons with gainful earnings who receive disability retirement benefits. Insurance Committee. Vote 4-0. Ought to Pass, Senator Wheeler for the committee.

HCR 10, requesting Congress to give priority to preserving Social Security and ensuring that it continues as universal and mandatory for all workers. Internal Affairs Committee. Vote 6-0. Ought to Pass, Senator D'Allesandro for the committee.

HJR 10, requiring that the United States Marine Corps flag be flown over the state house every November 10 to honor the birth of the Corps. Internal Affairs Committee. Vote 6-0. Ought to Pass, Senator Fraser for the committee.

HB 743, requiring that the question relative to the necessity for a convention to revise the New Hampshire constitution be presented to the voters in the November 2000 general election. Internal Affairs Committee. Vote 4-2. Ought to Pass, Senator Klemm for the committee.

HB 537, relative to background checks for firearms purchases. Judiciary Committee. Vote 5-0. Ought to Pass, Senator Cohen for the committee.

HB 707-FN, relative to the family division of the courts. Judiciary Committee. Vote 5-2. Ought to pass with amendment, Senator Pignatelli for the committee.

1999-2072s

09/01

Amend RSA 490:32 as inserted by section 2 of the bill by replacing it with the following:

490:32 Family Division.

I. There is hereby established a family division which shall be a permanent component of the judicial branch under the administrative authority of the supreme court in the counties of Rockingham and Grafton on the effective date of this subdivision. All matters under the jurisdiction of the family division shall be transferred from other state courts no later than 6 months after the effective date of this section.

II. In establishing the family division, the supreme court shall:

(a) Designate the courthouses within each county which will house the family division.

(b) Select and designate judges, marital masters, and other court personnel from the district, probate and superior courts to serve in the family division, based on their expertise in, and commitment to, family law matters;

(c) Designate an administrative judge for the family division by selecting, from among the district and probate court judges serving in the family division, a jurist who has demonstrated an interest in legal issues affecting the family and a commitment to the values, objectives, and ideals of the family division.

Amend RSA 490:34 as inserted by section 2 of the bill by replacing it with the following:

490:34 Equity Jurisdiction. Notwithstanding any law to the contrary and for each county in which the family division is established, the family division shall have the powers of a court of equity in cases where subject matter jurisdiction lies with the family division. Suits in equity where subject matter jurisdiction lies with the family division including, but not limited to, petitions and libels of divorce, and petition of nullity of marriage, alimony, custody of children, support, and other similar proceedings may be heard upon oral testimony or depositions, or both, or when both parties consent, or service having been made and a notice of the time and place of the hearing having been given, when both parties appear. Such suits may be heard by any justice or marital master of the family division at any time, but nothing contained in this section shall be construed as limiting the power of the family division to have issues of fact framed and tried by a jury, according to the rules in equity, or the course of such proceedings at common law.

1999-2072s

AMENDED ANALYSIS

This bill establishes a family division of the courts in Rockingham and Grafton counties. The bill also establishes a committee to study implementation of a statewide family division.

HB 746, relative to emergency police assistance. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Cohen for the committee.

1999-2012s

04/10

Amend RSA 106-C:3-a as inserted by section 2 of the bill by replacing it with the following:

106-C:3-a Inter-community Special Reaction Team Assistance for Critical Incident Emergency. The chief executive officer, or such officer’s designee, of a police department with the special reaction team or the person designated by the chief executive officers of the member communities of a regional special reaction team as authorized to order the deployment of such regional special reaction team is authorized to assign the special reaction team to extend assistance to any other county or municipality in times of a critical incident emergency. Requests for such assistance shall be made by the chief executive officer, or such officer’s designee, of the police department in need of emergency police assistance for a critical incident emergency. Requests for such assistance may also be made by the ranking on-duty state police officer when the state police is coordinating the response to a critical incident emergency and is in need of emergency police assistance, or by the commander of a regional special reaction team when that team is coordinating the response to a critical incident emergency and is in need of emergency police assistance.

Senator Gordon moved to have HB 746, relative to emergency police assistance, laid on the table.

HB 746, relative to emergency police assistance.

HCR 13, urging the selection of a final design for the New Hampshire commemorative quarter which includes the state motto "live free or die, 9 stars representing New Hampshire as the ninth state to ratify the United States Constitution, and the Old Man of the Mountain." Public Affairs Committee. Vote 3-0. Ought to Pass, Senator Wheeler for the committee.

SB 231, relative to public water supplies. Public Affairs Committee. Vote 3-1. Ought to pass with amendment, Senator Roberge for the committee.

1999-2069s

08/10

Amend the bill by replacing section 1 with the following:

1 New Subdivision; Connection to a Public Water System. Amend RSA 485 by inserting after section 48 the following new subdivision:

Connection to a Public Water System

485:48-a Connection to a Public Water System.

I. No person shall occupy, lease to any other person, or permit any other person to occupy, a building or any part of a building such as a single family home, apartment, office, store, restaurant, shop, theater, public hall, motel, or tourist cabin unless such building is connected to a public water main, where the building is located within 100 feet of the public water main, and where the owner of the public water system is willing to provide water service.

II. A public water system shall be as defined in RSA 485:1-a.

III. Nothing in this section shall prohibit a city, town, or village district water system from increasing the 100 foot distance under paragraph I, or from granting waivers to the requirement of connection to a public water main, for buildings with an adequate alternative water supply system which complies with applicable state and local regulations prior to the effective date of this section.

IV. Nothing in this section shall prohibit a city, town, or village district, served by a water utility regulated under RSA 362 from increasing the 100 foot distance in paragraph I, or from granting waivers to the requirement of connection to a public water main, for buildings with an adequate alternative water supply system which complies with applicable state and local regulations prior to the effective date of this section.

V. This section shall not apply to wells established before the effective date of this section.

VI. If a city, town, or village district water system has in effect, before the effective date of this section, an ordinance or bylaw requiring a distance other than 100 feet as provided in paragraph I, that ordinance or bylaw shall not be invalidated by this section.

1999-2069s

AMENDED ANALYSIS

This bill requires that any occupied building be connected to a public water main within 100 feet of it unless the distance is increased or a waiver is granted by the appropriate municipal body or unless the municipal body has in effect before the effective date of this act an ordinance or bylaw requiring a different distance.

Senator Fraser moved to substitute rerefer for ought to pass with amendment.

HB 615-FN-A, establishing a registry for brain and spinal cord injuries. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to Pass, Senator Squires for the committee.

HB 643-FN-A-L, transferring the regulation of emergency medical services from the department of health and human services to the department of safety. Public Institutions, Health and Human Services Committee. Vote 4-0. Ought to Pass, Senator Squires for the committee.

HB 84-FN, establishing a committee to study the penalties for driving under the influence of intoxicating liquor or controlled drugs in the state, and the education and treatment services available to offenders. Transportation Committee. Vote 5-0. Ought to Pass, Senator Trombly for the committee.

Senator Gordon moved to have HB 746, relative to emergency police assistance, taken off the table.

HB 746, relative to emergency police assistance. Judiciary Committee. Vote 4-0. Ought to pass with amendment, Senator Cohen for the committee.

1999-2012s

04/10

Amend RSA 106-C:3-a as inserted by section 2 of the bill by replacing it with the following:

106-C:3-a Inter-community Special Reaction Team Assistance for Critical Incident Emergency. The chief executive officer, or such officer’s designee, of a police department with the special reaction team or the person designated by the chief executive officers of the member communities of a regional special reaction team as authorized to order the deployment of such regional special reaction team is authorized to assign the special reaction team to extend assistance to any other county or municipality in times of a critical incident emergency. Requests for such assistance shall be made by the chief executive officer, or such officer’s designee, of the police department in need of emergency police assistance for a critical incident emergency. Requests for such assistance may also be made by the ranking on-duty state police officer when the state police is coordinating the response to a critical incident emergency and is in need of emergency police assistance, or by the commander of a regional special reaction team when that team is coordinating the response to a critical incident emergency and is in need of emergency police assistance.

HB 625-FN-A, relative to a mercury emissions reduction and control program and a study of mercury in ash landfills. Environment Committee. Vote 4-0. Ought to pass with amendment, Senator Russman for the committee.

1999-2087s

08/01

Amend RSA 125-L:3, I as inserted by section 1 of the bill by replacing it with the following:

I. Any municipal waste combustor with a design capacity to burn 100 tons per day or more of municipal solid waste shall reduce its mercury emissions, pursuant to the time frames for compliance in accordance with RSA 125-L:5, to achieve a mercury emission rate of no greater than 0.028 mg/dscm corrected to 7 percent oxygen by volume on a dry basis, or at least 85 percent control efficiency.

Amend RSA 125-L:5 as inserted by section 1 of the bill by replacing it with the following:

125-L:5 Compliance.

I. No person shall operate a municipal waste combustor with the design capacity to burn 100 tons per day or more of municipal solid waste without a temporary or operating permit issued by the department in accordance with RSA 125-C. Any source subject to this section shall file a complete application for a permit or permit modification under the provisions of RSA 125-C and a plan for achieving compliance with this chapter.

II. Combustors with a design capacity of 250 tons per day or more shall submit the plan and application pursuant to paragraph I, by July 1, 2000 in order to comply by January 1, 2001 with the emission limits established by this chapter.

III. Combustors with a design capacity of less than 250 tons per day but not less than 100 tons per day shall submit the plan and application pursuant to paragraph I, by January 1, 2001 in order to comply by July 1, 2001 with the emission limits established by this chapter.

IV. Until 6 months prior to the date set under paragraph II and III for complying with an emission limit, the owner of a combustor may request a single extension of time of not more than 6 months, for compliance with this chapter. The commissioner shall grant the extension if, based on the information presented, compliance with the applicable emission limit is not achievable by the compliance date due to, but not limited to, engineering constraints, availability of equipment, or other justifiable technical reasons. The commissioner shall not consider issues of cost or economic hardship in granting the extension.

Senator Johnson offered a floor amendment.

Sen. Johnson, Dist. 3

1999-2111s

08/10

Floor Amendment to HB 625-FN-A

Amend the bill by replacing section 1 with the following:

1 New Chapter; Mercury Emissions Reduction and Control Program. Amend RSA by inserting after chapter 125-K the following new chapter:

MERCURY EMISSIONS REDUCTION AND CONTROL PROGRAM

125-L:1 Findings and Purpose.

I. The general court finds that mercury is a persistent, toxic pollutant that accumulates in the food chain and poses a significant adverse threat to the state's public health and welfare and to the natural environment, including fish and wildlife. As a potent neurotoxin, mercury exposure in humans can lead to birth defects, brain damage, elevated blood pressure, abnormal heart rhythms, low grade intermittent fevers, gastrointestinal irritation, muscle degeneration, and even death. The effects of mercury exposure on plants include decreased chlorophyll production, inhibited growth, root and leaf damage, accelerated aging, and death. Reproductive problems are the primary concern for birds. In response to the human health risk posed by mercury, the state of New Hampshire has issued a statewide advisory on the consumption of fresh water fish. This fish consumption advisory applies to all freshwater fish species collected from all inland waters. It advises women of childbearing age and young children to limit their consumption of freshwater fish to no more than one meal per month; all other people are advised to limit their consumption to no more than four meals per month. The Department of the Interior and the Department of Commerce have estimated that fishing expenditures in the state equal approximately $320 million annually, while the American Sportfishing Association has estimated that these expenditures support about 7,700 jobs in New Hampshire. Consequently, mercury deposition may have an impact on New Hampshire’s recreational economy.

II. The general court further finds that deposition of mercury and mercury compounds is occurring in the state of New Hampshire. While the majority of emissions originate from sources outside of New Hampshire, sources within the state also contribute to mercury deposition in New Hampshire and in the northeast region. Therefore, it is incumbent upon the state of New Hampshire to undertake prudent action to reduce its contribution to mercury deposition. Approximately 98 percent of the mercury emitted by anthropogenic (man-made) sources in New Hampshire comes from the incineration of municipal solid waste and medical waste, and from the combustion of fossil fuels, such as coal and oil.

III. The general court acknowledges that in June of 1998, the New England states and the eastern Canadian provinces jointly endorsed the implementation of a Regional Mercury Action Plan calling for the virtual elimination of anthropogenic mercury emissions, with an interim goal of reducing mercury emissions 50 percent by the year 2003.

IV. The general court recognizes the importance of additional research into the human health and ecological impacts of mercury contamination, the development of technologies to reduce and measures to avoid mercury emissions to the ambient air from sources such as coal-burning electricity generation plants, and the assessment of the relative cost-effectiveness of such technologies and measures. The general court finds, however, that reducing the substantial mercury emissions from municipal waste combustors and hospital medical and infectious waste incinerators through the use of existing technology where it can be applied cost effectively is prudent environmental policy for the state of New Hampshire.

V. Ash landfills which serve municipal waste combustors may experience increased mercury levels in the ash disposed at such landfills as a result of efforts to lower mercury emissions from such municipal waste combustors. Therefore, the general court finds that it is appropriate to implement mercury controls on municipal waste combustors after the department of environmental services conducts a detailed study and review of the ash landfills in the state to make certain that all necessary safeguards are in place to protect against environmental degradation from such sources and ensure the protection of drinking water supplies.

125-L:2 Definitions.

I. "Commissioner" means the commissioner of the department of environmental services.

II. "Control efficiency" means the percentage of mercury removed by the pollution control system expressed as a percentage of the total mercury that is introduced into the pollution control system.

III. "Department" means the department of environmental services.

IV. "Design capacity" means the maximum design 24-hour charging rate of a municipal waste combustor capable of continuously burning municipal solid waste.

V. "Eligible costs" means those costs incurred by any regional refuse disposal district or solid waste management district formed pursuant to the mandates of RSA 149-M to the extent that any such district is legally obligated to pay for pollution control equipment mandated through enactment of this chapter, including the cost of engineering services, installation, and operation and maintenance, as well as the capital cost for the pollution control equipment and any amortization costs, meaning principal and interest, resulting from the installation of such equipment.

VI. "Governor" means the governor of the state of New Hampshire.

VII. "Hospital, medical and infectious waste incinerator" means any device that combusts any amount of hospital waste or medical/infectious waste.

VIII. "Hospital waste" means discards generated at a hospital, except unused items returned to the manufacturer. Hospital waste does not include human corpses, remains, and anatomical parts that are intended for interment or cremation.

IX. "Medical/infectious waste" means "medical/infectious waste" as defined in 40 CFR 60.51c.

X. "Municipal solid waste" means solid waste generated at residences, commercial or industrial establishments, and institutions, but excluding construction and demolition debris, automobile scrap and other motor vehicle waste, infectious waste, asbestos waste, contaminated soil and other absorbent media and ash other than ash from household stoves.

XII. "Solid waste" means "solid waste" as defined by RSA 149-M:4, XXII.

125-L:3 Mercury Reduction and Control Program. The department shall develop a mercury reduction and control program. The program shall include, but is not limited to, the following:

I. Any municipal waste combustor with a design capacity to burn 100 tons per day or more of municipal solid waste shall reduce its mercury emissions, pursuant to the time frames for compliance in accordance with RSA 125-L:5, to achieve a mercury emission rate of no greater than 0.028 mg/dscm corrected to 7 percent oxygen by volume on a dry basis, or at least 85 percent control efficiency.

II. The department shall evaluate the technical and economic feasibility of establishing a mercury emission limit of 0.028 mg/dscm corrected to 7 percent oxygen by volume on a dry basis for:

(a) Municipal waste combustors with a design capacity to burn less than 100 tons per day of municipal solid waste; and

(b) Hospital, medical and infectious waste incinerators.

III. The department shall evaluate the technical and economic feasibility of establishing a mercury emission limit for coal-burning electricity generation plants.

125-L:4 Rulemaking Authority. The commissioner shall adopt rules, under RSA 541-A relative to:

I. Procedures and frequency for stack testing, testing protocols, measurement methods, and other such actions as may be necessary to verify compliance with this chapter.

II. Fees for implementing and enforcing the terms and conditions relating to reduction of mercury emissions of a permit issued in accordance with RSA 125-C.

III. A grant program to reimburse eligible costs to certain solid waste management districts and regional refuse disposal districts pursuant to RSA 125-L:8.

125-L:5 Compliance.

I. No person shall operate a municipal waste combustor with the design capacity to burn 100 tons per day or more of municipal solid waste without a temporary or operating permit issued by the department in accordance with RSA 125-C. Any source subject to this section shall file a complete application for a permit or permit modification under the provisions of RSA 125-C and a plan for achieving compliance with this chapter.

II. Combustors with a design capacity of 250 tons per day or more shall submit the plan and application pursuant to paragraph I, by July 1, 2000 in order to comply by January 1, 2001 with the emission limits established by this chapter.

III. Combustors with a design capacity of less than 250 tons per day but not less than 100 tons per day shall submit the plan and application pursuant to paragraph I, by January 1, 2001 in order to comply by July 1, 2001 with the emission limits established by this chapter.

IV. Until 6 months prior to the date set under paragraph II and III for complying with an emission limit, the owner of a combustor may request a single extension of time of not more than 6 months, for compliance with this chapter. The commissioner shall grant the extension if, based on the information presented, compliance with the applicable emission limit is not achievable by the compliance date due to, but not limited to, engineering constraints, availability of equipment, or other justifiable technical reasons. The commissioner shall not consider issues of cost or economic hardship in granting the extension.

125-L:6 Enforcement.

I. All of the enforcement provisions of RSA 125-C:15 shall apply to violations of this chapter.

II. Each day of a continuing violation shall constitute a separate violation.

125-L:7 Variances. Any variance granted under this chapter shall be granted by the commissioner upon application and after a hearing, in accordance with RSA 125-C:16.

125-L:8 Reimbursement of Mandated Costs.

I. The department shall establish rules and a grant program to reimburse eligible costs to any solid waste management district or regional refuse disposal district served by a municipal waste combustor required to comply with the emission limits established by this chapter. The department shall reimburse such eligible costs over the same period as any such district has amortized those costs, provided that such amortization period shall not be less than 5 years.

II. The department shall determine the eligible costs of each district served by a municipal waste combustor subject to this chapter and reimburse such eligible costs and, with prior approval of the joint legislative fiscal committee and the governor and council, reimburse each municipality subject to the funds as appropriated by the legislature for this purpose.

1999-2111s

AMENDED ANALYSIS

This bill establishes a mercury emissions reduction and control program.

This bill requires that the department of environmental services establish a grant program to reimburse eligible costs to any solid waste management district or regional refuse disposal district served by a municipal waste combustor required to comply with the emission limits established by this bill.

This bill also requires the department to conduct a study of the implications of increased mercury levels in the state’s ash landfills in order to ensure maximum protection measures from ash contaminants.

HB 501-FN-A, relative to the repair of a certain covered railroad bridge in Contoocook village in the town of Hopkinton. Finance Committee. Vote 7-0. Ought to Pass, Senator Larsen for the committee.

Senator D’Allesandro moved to have HB 501-FN-A, relative to the repair of a certain covered railroad bridge in Contoocook village in the town of Hopkinton, laid on the table.

HB 501-FN-A, relative to the repair of a certain covered railroad bridge in Contoocook village in the town of Hopkinton.

SB 203-FN-A-L, authorizing electronic games of chance at racetracks. Finance Committee. Vote 7-0. Rereferred to Committee, Senator F. King for the committee.

HB 572-FN-A, relative to the apportionment provisions of the business profits tax. Ways and Means Committee. Vote 6-0. Ought to Pass, Senator F. King for the committee.

Senator McCarley moved to have HB 572-FN-A, relative to the apportionment provisions of the business profits tax, laid on the table.

HB 572-FN-A, relative to the apportionment provisions of the business profits tax.

SB 211-FN-A, reestablishing certain credits against the business profits tax. Ways and Means Committee. Vote 7-0. Inexpedient to legislate, Senator D'Allesandro for the committee.

Senator D'Allesandro moved to have HB 501-FN-A, relative to the repair of a certain covered railroad bridge in Contoocook village in the town of Hopkinton, taken off the table.

HB 501-FN-A, relative to the repair of a certain covered railroad bridge in Contoocook village in the town of Hopkinton.

Senator Trombly moved to have HB 294, relative to state aid to municipalities for closure of certain municipal incinerators, taken off the table.

HB 294, relative to state aid to municipalities for closure of certain municipal incinerators.

Senator F. King offered a floor amendment.

1999-1929s

09/10

Amendment to HB 294-FN-LOCAL

Amend the title of the bill by replacing it with the following:

AN ACT relative to state aid to municipalities for closure of certai municpal incinerators.

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

1 Findings and Purpose.

I. In the near future, environmental regulations will require incinerators to lower emissions of certain air pollutants. Most, if not all, municipalities that operate incinerators will find that the necessary pollution control equipment is too expensive to install and will choose to close their facilities.

II. In 1994 the legislature established a 20 percent grant program to encourage municipalities to close their unlined solid waste landfills. Municipalities that have operated incinerators have saved themselves money and saved the state money under the landfill closure program as the ash landfills created are smaller in size and therefor less costly to close.

III. The general court finds that incorporating the closure of municipal incinerators into the solid waste landfill closure program constitutes good solid waste policy and is consistent with past actions taken by the legislature. The inclusion into the grant program of incinerators previously closed by municipalities, as was done with certain facilities in the landfill closure program, treats such facilities fairly by not penalizing those facilities for acting in an environmentally favorable manner through early closure.

2 Subdivision Heading Changed; Municipal Incinerators Added. Amend the subdivision heading preceding RSA 149-M:41 to read as follows:

Aid to Municipalities for Closure of Unlined Solid Waste Landfills and

3 Declaration of Policy; Municipal Incinerators Added. Amend RSA 149-M:41 to read as follows:

149-M:41 Declaration of Policy. In recognition of the potential for harm to both public health and the environment which can result from an unlined solid waste landfill that has not been properly closed or from a municipal incinerator without adequate emissions controls, it is hereby declared to be the policy of this state to encourage municipalities to close all unlined solid waste landfills and certain municipal incinerators in accordance with 42 U.S.C. Section 9601 et seq. and RSA 147-B, RSA 149-M:6 and 149-M:7, and RSA 125-I.

4 Definitions; Eligible Costs; Municipal Incinerators Added. Amend RSA 149-M:42, III to read as follows:

III. "Eligible costs" means the costs of the closure of a solid waste landfill or municipal incinerator eligible to be covered by the grant established by this subdivision, and shall include costs of hydrogeological and engineering investigation and design, capital construction of closure elements required by rules adopted pursuant to RSA 149-M:7, and construction supervision. Eligible costs shall exclude land acquisition, except for land which is necessary to the physical elements of closure of either an unlined landfill or a municipal incinerator, and any administrative, legal, and fiscal costs related to the closure.

5 Definition Added; Municipal Incinerator. Amend RSA 149-M:42 by inserting after paragraph III the following new paragraph:

IV. "Municipal Incinerator" means any of the 18 municipally owned solid waste incinerators constructed prior to July 1, 1998, excluding any designed or intended primarily to burn construction or demolition debris, special wastes, motor vehicle wastes, asbestos, or contaminated soil or other absorbent media. The 18 facilities shall be the waste to energy facility operated by the Lamprey Regional Solid Waste Co-operative in Durham, the waste-to-energy facility operated by the city of Portsmouth at the former Pease Air Force base, and the incinerators located in the following municipalities: Auburn, Bridgewater, Candia, Canterbury, Durham, Lincoln, Litchfield, Nottingham, Ossipee, Pelham, Pittsfield, Plymouth, Sutton, Wilton, Windham, and Wolfeboro.

6 State Contributions; Municipal Incinerators Added. Amend RSA 149-M:43 to read as follows:

149-M:43 State Contributions. The state shall pay annually 20 percent of the annual amortization charges, meaning the principal and interest, on the eligible costs resulting from the closure of unlined solid waste landfills by municipalities, or the closure of eligible municipal incinerators, in accordance with 42 U.S.C. Section 9601 et seq. and RSA 147-B, RSA 149-M:6 and 149-M:7, and RSA 125-I.

7 Application Agreement; Municipal Incinerators Added. Amend RSA 149-M:46 to read as follows:

149-M:46 Application Agreement. Applications for state grants under this subdivision shall contain an agreement that the applicant has closed or shall close the unlined solid waste landfill or municipal incinerator in accordance with plans and specifications approved by the department, pursuant to rules adopted by the commissioner under RSA 541-A, and will provide proper post-closure monitoring and maintenance of the landfill, or incinerator, if required. Such plans and specifications shall not be more stringent than federal requirements. Failure to close the solid waste landfill or municipal incinerator in accordance with plans and specifications approved by the department or to provide proper post-closure monitoring and maintenance of the landfill or incinerator site, if required, shall result in loss of payments of the annual grant installment next following such failure. Such loss of payment of the annual grant installment shall continue in effect until such time as the municipality has completed the steps necessary to close the landfill in accordance with plans and specifications approved by the department and has provided proper post-closure monitoring and maintenance of the landfill or incinerator site, if required.

8 Priority of Applications. Amend RSA 149-M:47, III to read as follows:

III. The commissioner or designee shall hold an annual public hearing to receive testimony on the list of solid waste landfills or municipal incinerators proposed for each fiscal year. After considering the testimony offered at the hearing, the commissioner shall prepare the final list, and assistance shall be granted in the fiscal year accordingly.

9 Assistance to Municipalities; Incinerators Added. Amend RSA 149-M:48, VII and VIII to read as follows:

VII. In conjunction with the applicant's qualified professional engineer, conduct an inspection of the landfill or incinerator upon completion of the closure work to approve substantial completion.

VIII. Based upon a satisfactory construction completion inspection, and the receipt of as-built drawings for landfills and a report for incinerators, review and approve final eligible project costs.

10 Priorities; Air Quality Added. Amend RSA 149-M:49, I(d) to read as follows:

(d) Facility has an identified surface water or air quality impact.

11 Priorities; Air Quality Added. Amend RSA 149-M:49, II(d) to read as follows:

(d) Facility has an identified surface water or air quality impact.

12 Priorities; Engineering Reports. Amend RSA 149-M:49, III and IV to read as follows:

III. Facilities for which hydrogeological investigations or engineering reports have been initiated in accordance with a work plan approved by the department, which have obtained a groundwater permit, if required, and which are actively in the process of having a closure system designed.

IV. Facilities for which hydrogeological investigations or engineering reports have been initiated in accordance with an approved workscope and for which closure is actively being pursued.

13 Reimbursement of Costs; Municipal Incinerators Added. Amend RSA 149-M:50 to read as follows:

149-M:50 Applicability; Reimbursement of Eligible Costs. The department shall determine the eligible costs of each municipal solid waste landfill completed between fiscal year 1985 and fiscal year 1995 in accordance with the records on file at the department pertaining to each such closure and its eligible costs and for the closure of the waste-to-energy incinerators operated by the Lamprey Regional Solid Waste Co-operative and the city of Portsmouth, and eligible municipal incinerators which ceased operating prior to July 1, 1998. The department shall assume 20 percent of such eligible costs and the interest cost related to that 20 percent on bonds issued on such projects beginning on July 1, 1995 for landfills and July 1, 1998 for incinerators. The department shall determine the amount due for such eligible costs prior to July 1, 1995 for landfills and July 1, 1998 for incinerators and, with prior approval of the joint legislative fiscal committee and the governor and council, reimburse each municipality subject to the funds as appropriated by the legislature for this purpose.

14 Effective Date. This act shall take effect 60 days after its passage.

1999-1929s

AMENDED ANALYSIS

This bill expands the landfill closure program in the solid waste management act to include certain municipal incinerators.

Senator Brown offered the following resolution:

1999 SESSION

99-1056

10/09

ANALYSIS

99-1056

10/09

STATE OF NEW HAMPSHIRE

Whereas, pending legislation before the United States Congress includes the Work Incentives Improvement Act of 1999 (S. 331), and

Whereas, the Work Incentives Improvement Act of 1999 is intended to provide health care and employment preparation and placement services to individuals with disabilities that will enable those individuals to reduce their dependency on cash benefit programs; to encourage states to adopt the option of allowing individuals with disabilities to purchase Medicaid coverage that is necessary to enable such individuals to maintain employment; to provide individuals with disabilities the option of maintaining Medicare coverage while working; and to establish a program that will allow individuals with disabilities to seek the services necessary to obtain and retain employment and reduce their dependency on cash benefit programs; now, therefore, be it

Resolved by the Senate:

That the New Hampshire senate urges the United States Congress to enact the Work Incentives Improvement Act of 1999; and

Senator Below moved to suspend Senate Rule 14 to allow for an untimely motion to reconsider our last action on HB 109.

HB 109, an act establishing a flat rate education income tax and a statewide education property tax to fund public education and making an appropriation therefor.

Senator Below having voted on the prevailing side, moved reconsideration on HB 109, an act establishing a flat rate education income tax and a statewide education property tax to fund public education and making an appropriation therefor, whereby we ordered it to third reading and final passage.

Senator Below moved that HB 109, an act establishing a flat rate education income tax and a statewide education property tax to fund public education and making an appropriation therefor, be on Second Reading at the present time.

Senator Below moved to have HB 109, an act establishing a flat rate education income tax and a statewide education property tax to fund public education and making an appropriation therefor, laid on the table.

HB 109, an act establishing a flat rate education income tax and a statewide education property tax to fund public education and making an appropriation therefor.

Senator Cohen moved that the Senate now adjourn from the early session, that the business of the late session be in order at the present time, that the bills ordered to third reading be read a third time by this resolution, all titles be the same as adopted and that they be passed at the present time.

Senator Cohen moved that the Senate be in recess for the sole purpose Enrolled Bills Reports and amendments, and that when we adjourn we adjourn to the Call of the Chair.

HB 84-FN, establishing a committee to study the penalties for driving under the influence of intoxicating liquor or controlled drugs in the state, and the education and treatment services available to offenders.

HB 294, relative to state aid to municipalities for closure of certain municipal incinerators.

HB 346-FN-A, relative to permissible fireworks.

HB 363-FN, increasing the bonding limit of the school building authority.

HB 501-FN-A, relative to the repair of a certain covered railroad bridge in Contoocook village in the town of Hopkinton.

HB 537, relative to background checks for firearms purchases.

HB 577, relative to the power of a school district to expend catastrophic special education funds and relative to the exemption of certain unexpected catastrophic special education expenses from the provisions of the municipal budget law.

HB 669-FN, relative to the determination of current comparable compensation for persons with gainful earnings who receive disability retirement benefits.

HB 746, relative to emergency police assistance.

HCR 10, requesting Congress to give priority to preserving Social Security and ensuring that it continues as universal and mandatory for all workers.

HCR 13, urging the selection of a final design for the New Hampshire commemorative quarter which includes the state motto "live free or die, 9 stars representing New Hampshire as the ninth state to ratify the United States Constitution, and the Old Man of the Mountain."

HJR 10, requiring that the United States Marine Corps flag be flown over the state house every November 10 to honor the birth of the Corps.