HB 0655

HB 655-FN-A-LOCAL - AS INTRODUCED

AN ACT establishing an advance disposal fee to fund local mercury presorting and recycling programs.

SPONSORS: Rep. Phinizy, Sull 7; Rep. Gilmore, Straf 11; Rep. Franklin, Sull 4; Rep. Robb, Sull 11; Rep. D. White, Hills 25

This bill establishes an advance disposal fee to be assessed at the point of distribution on mercury-added products. Fees shall be collected by the department of environmental services to be deposited in a special fund and used for grants for eligible local presorting and recycling programs.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT establishing an advance disposal fee to fund local mercury presorting and recycling programs.

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

1 New Subparagraph; Application of Receipts; General Revenue Exceptions; Mercury Reduction and Management Fund. Amend RSA 6:12, I by inserting after subparagraph (dddd) the following new subparagraph:

(eeee) Moneys received under RSA 149-M:58, which shall be credited to the mercury reduction and management fund established under RSA 149-M:60.

2 New Subdivision; Advance Disposal Fee; Mercury Reduction and Management Fund. Amend RSA 149-M by inserting after section 57 the following new subdivision:

149-M:58 Advance Disposal Fee. An advance disposal fee shall be imposed on mercury-added products, as defined in RSA 149-M:51, III, to be collected by the department from product wholesalers. The amount of the fee shall be 3 percent of the wholesale market price of any such product. The fee shall be assessed at the point of distribution. Products from manufacturers, as defined in RSA 149-M:51, I, that have successful mercury reclamation or "take back" programs for mercury-added products shall be exempt from this advance disposal fee. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to determining what is a successful reclamation or "take back" program. As of January 1, 2004, the department shall begin collecting the advance disposal fee and crediting sums received to the mercury reduction and management fund.

I. All advance disposal fees collected by the department shall be deposited into the mercury reduction and management fund.

II. The commissioner 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 subdivision 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, and enforce payment.

149-M:60 Mercury Reduction and Management Fund. There is hereby established the mercury reduction and management fund, to be used for the purposes of awarding grants to municipalities as provided in paragraph II. This nonlapsing, revolving special fund is hereby continually appropriated to be expended by the department in accordance with this subdivision. 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 mercury 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.

149-M:61 Grant Program. The department shall be responsible for the disbursement of the mercury reduction and management fund through a grant program under rules adopted by the commissioner, pursuant to RSA 541-A. The department shall distribute funds under this grant program to municipalities of the state to reimburse them for local mercury presorting and recycling programs. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to priority among municipalities eligible to receive grants, as well as eligibility requirements. As of January 1, 2005, the department shall begin making grants pursuant to this program.

149-M:62 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, 2004, relative to the activities of the advance disposal fee program and disbursements from the waste reduction and management fund.

3 Applicability. Section 1 of this act shall become effective upon the collection of the advance disposal fee pursuant to RSA 149-M:58 and the deposit of such sums into the mercury reduction and management fund pursuant to RSA 149-M:60.

AN ACT establishing an advance disposal fee to fund local mercury presorting and recycling programs.

The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from an agency.