HB 0416

CHAPTER 279

HB 416 – FINAL VERSION

AN ACT relative to mercury reduction and establishing a committee to study methods of improving the recycling rate in New Hampshire for mercury-added thermostats.

SPONSORS: Rep. Phinizy, Sull 5; Rep. B. Williams, Graf 8; Rep. Butcher, Ches 3; Rep. Weber, Ches 2; Rep. Owen, Merr 4; Sen. Hassan, Dist 23; Sen. Burling, Dist 5; Sen. Janeway, Dist 7; Sen. Fuller Clark, Dist 24

I. Bans the disposal of mercury-added products in solid waste landfills, transfer stations, or incinerators.

II. Establishes a committee to study methods of improving the recycling rate in New Hampshire for mercury-added thermostats.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to mercury reduction and establishing a committee to study methods of improving the recycling rate in New Hampshire for mercury-added thermostats.

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

279:1 New Section; Mercury Disposal Ban. Amend RSA 149-M by inserting after section 57 the following new section:

I. No person shall knowingly dispose of mercury-added products in solid waste landfills, transfer stations, or incinerators.

II. Owners and operators of solid waste landfills, transfer stations, and incinerators may develop programs to sort, collect, and recycle or dispose of mercury-added products in accordance with applicable laws and regulations.

III. Except as otherwise provided by this section, every person who discards solid waste within the state shall separate mercury-added products from that solid waste for recycling or disposal as a hazardous waste. Any contractor who replaces or removes mercury-added products shall assure the proper separation and recycling or the disposal as a hazardous waste of any discarded mercury-added product.

IV. After proper separation of mercury-added products, each person who discards that waste shall either:

(a) Set that waste in a designated area for collection by a hauler who shall deliver that waste to a facility that is legally authorized and permitted to accept that waste; or

(b) Deliver that waste to a facility that is legally authorized and permitted to accept that waste.

V. Owners and operators of solid waste landfills, transfer stations, and incinerators shall not be found to have knowingly accepted or disposed of mercury-added products if, at a minimum, the facility has implemented all of the following mechanisms:

(a) Posting of signs at the facility providing notice of the prohibition against the disposal of mercury-added products.

(b) Written notification to, or agreements with, the facility’s customers, providing notice of the prohibition against the disposal of mercury-added products.

(c) Implementation of a procedure, approved by the department, for periodically monitoring incoming wastes to detect the presence of mercury-added products at the facility and for separating out observed mercury-added products for return to the generator, recycling, or disposal as a hazardous waste.

(d) Provide customers with information about collection programs or facilities that are permitted to accept mercury-added products for recycling or disposal as a hazardous waste.

VI. This section shall not apply to prescription drugs or any substance regulated by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. section 301 et seq. or to biological products regulated by the Food and Drug Administration under the Public Health Service Act, 42 U.S.C. section 262 et seq.

279:2 Committee Established. There is established a committee to study methods of improving the recycling rate in New Hampshire for mercury-added thermostats.

(a) Two members of the senate, including one member of the energy, environment, and economic development committee, and one member of the ways and means committee, appointed by the president of the senate.

(b) Three members of the house of representatives, including one member of the environment and agriculture committee, one member of the science, technology, and energy committee, and one member of the ways and means committee, appointed by the speaker of the house of representatives.

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

I. Review the current status of mercury-added thermostat recycling in New Hampshire and evaluate the need for a formal collection and recycling program.

II. Review existing and proposed programs in other states to collect and recycle mercury-added thermostats.

III. Identify options for the funding of such collection and recycling programs, including consideration of manufacturer-funded programs.

IV. Solicit relevant information and testimony from the following organizations:

279:5 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.

279:6 Report. The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2007.