H.283

Introduced by Representative Deen of Westminster

Referred to Committee on

Date:

Subject: Conservation; solid waste; mercury-added products; advanced disposal fee

Statement of purpose: This bill proposes to require presorting of mercury-added products in any municipality that sends solid waste to certain municipal waste combustors. It also proposes to establish an advanced disposal fee on certain mercury-added products, to be collected from product wholesalers, with the proceeds to be deposited into the mercury reduction and management account, which the bill creates within the solid waste fund. The bill proposes to allow expenditures from the mercury reduction and management account for purposes of reimbursing municipalities for their mercury presorting and recycling programs.

AN ACT RELATING TO ESTABLISHING AN ADVANCED DISPOSAL FEE FOR CERTAIN MERCURY-ADDED PRODUCTS, AND FINANCING MUNICIPAL PRESORTING OF THOSE PRODUCTS WHEN DISCARDED

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 10 V.S.A. § 6605g is amended to read:

§ 6605g. INCINERATION EMISSIONS

(a) Findings. The general assembly finds that given the regional nature of weather patterns, the incineration of solid waste, whether from incinerators located inside the state or outside its borders, causes negative effects on the health and welfare of the people of the state, and on the state’s natural resources. Accordingly, it is in the public interest to require the use of the best required technology in incinerators, wherever located, if they are to receive solid waste from the state of Vermont, pursuant to new contracts or contract renewal for the disposal of solid waste.

(b) Best required technology requirement. To the extent consistent with federal law, no person shall enter a new contract or renew an existing contract for the incineration of solid waste produced within the state’s borders, at an incinerator, regardless of location, that fails to use the best technology currently required by federal law of any solid waste incinerator in the country, in reducing hazardous emissions from the incinerator.

Sec. 2. 10 V.S.A. § 6621f is added to read:

PRODUCTS

Sec. 3. 10 V.S.A. § 6618 is amended to read:

§ 6618. WASTE MANAGEMENT ASSISTANCE FUND

(a) There is hereby created in the state treasury a fund to be known as the waste management assistance fund, to be expended by the secretary of the agency of natural resources. The fund shall have *[two]* three accounts: one for solid waste management assistance *[and]*, one for hazardous waste management assistance, and one to reimburse municipalities for local mercury presorting and recycling programs. The hazardous waste management assistance account shall consist of a percentage of the tax on hazardous waste under the provisions of 32 V.S.A. chapter 237, as established by the secretary, the toxics use reduction fees under subsection 6628(j) of this title, and appropriations of the general assembly. In no event shall the amount of the hazardous waste tax which is deposited to the hazardous waste management assistance account exceed 40 percent of the annual tax receipts. The solid waste management assistance account shall consist of the franchise tax on waste facilities assessed under the provisions of 32 V.S.A. chapter 151, subchapter 13, and appropriations of the general assembly. The mercury reduction and management account shall consist of the advance disposal fee assessed on mercury-added products under the provisions of section 6621f of this title, and appropriations of the general assembly. All balances in the fund accounts at the end of any fiscal year shall be carried forward and remain a part of the fund accounts. Interest earned by the fund shall be deposited into the appropriate fund account. Disbursements from the fund accounts shall be made by the state treasurer on warrants drawn by the commissioner of finance and management.

(b) The secretary may authorize disbursements from the solid waste management assistance account for the purpose of enhancing solid waste management in the state in accordance with the adopted waste management plan. This includes:

(1) the costs of implementation planning, design, obtaining permits, construction and operation of state or regional facilities for the processing of recyclable materials and of waste materials that because of their nature or composition create particular or unique environmental, health, safety, or management problems at treatment or disposal facilities;

(2) the costs of assessing existing landfills, and eligible costs for closure and any necessary steps to protect public health at landfills certified or operating after December 31, 1979 and before January 1, 1987, provided those costs are the responsibility of the municipality or solid waste management district requesting assistance;

(3) the costs of preparing the state waste management plan;

(4) hazardous waste pilot projects consistent with this chapter;

(5) the costs of developing markets for recyclable material; and

(6) the costs of the agency of natural resources in administering solid waste management functions that may be supported by the fund established in subsection (a) of this section;

(7) the costs of administering the waste facility panel established under subchapter 5 of chapter 151 of this title;

(8) the costs, not related directly to capital construction projects, that are incurred by a district, or a municipality that is not a member of a district, in the design and permitting of implementation programs included in the adopted solid waste implementation plan of the district or of the municipality that is not a member of a district. These disbursements shall be issued in the form of advances requiring repayment. These advances shall bear interest at an annual rate equal to the interest rate which the state pays on its bonds. These advances shall be repaid in full by the grantee no later than 24 months after the advance is awarded.

(c) The secretary may authorize disbursements from the hazardous waste management assistance account for the purpose of enhancing hazardous waste management in the state in accordance with this chapter. This includes:

(1) The costs of supplementing the state waste management plan with respect to hazardous waste management.

(2) The costs of the agency of natural resources in administering hazardous waste management functions that may be supported by the fund established in subsection (a) of this section.

(3) The costs of administering the hazardous waste facility grant program under section 6603g of this title.

(d) The secretary shall annually allocate from the fund accounts the amounts to be disbursed for each of the functions described in subsections (b) *[and]*, (c), and (e) of this section. The secretary, in conformance with the priorities established in this chapter, shall establish a system of priorities within each function when the allocation is insufficient to provide funding for all eligible applicants.