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Introduced by Representative Deen of Westminster
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Referred to Committee on
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Date:
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Subject: Conservation; solid waste; mercury-added products; advanced
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disposal fee
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Statement of purpose: This bill proposes to require presorting of
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mercury-added products in any municipality that sends solid waste to certain
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municipal waste combustors. It also proposes to establish an advanced
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disposal fee on certain mercury-added products, to be collected from product
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wholesalers, with the proceeds to be deposited into the mercury reduction and
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management account, which the bill creates within the solid waste fund. The
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bill proposes to allow expenditures from the mercury reduction and
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management account for purposes of reimbursing municipalities for their
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mercury presorting and recycling programs.
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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:
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Sec. 1. 10 V.S.A. § 6605g is amended to read:
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§ 6605g. INCINERATION EMISSIONS
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(a) Findings. The general assembly finds that given the regional nature of
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weather patterns, the incineration of solid waste, whether from incinerators
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located inside the state or outside its borders, causes negative effects on the
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health and welfare of the people of the state, and on the state’s natural
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resources. Accordingly, it is in the public interest to require the use of the best
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required technology in incinerators, wherever located, if they are to receive
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solid waste from the state of Vermont, pursuant to new contracts or contract
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renewal for the disposal of solid waste.
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(b) Best required technology requirement. To the extent consistent with
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federal law, no person shall enter a new contract or renew an existing contract
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for the incineration of solid waste produced within the state’s borders, at an
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incinerator, regardless of location, that fails to use the best technology
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currently required by federal law of any solid waste incinerator in the country,
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in reducing hazardous emissions from the incinerator.
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(c) Presorting requirement. A program for the presorting of mercury-added
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products shall be developed by the secretary, and implemented in any
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municipality of the state which sends solid waste to a municipal waste
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combustor permitted prior to January 1, 2001, with a design capacity to burn
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less than 250 tons per day but not less than 100 tons per day of municipal solid
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waste; provided that municipal implementation of this program shall not be
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required of a municipality that is implementing a comparable program in
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compliance with the requirements of subsection 6621d(d) of this title. The
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secretary’s program shall be established with the purpose of reducing the
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release through incineration of mercury into the air, and shall be implemented
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so that no unsorted waste is transferred to the municipal waste combustor for
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incineration.
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Sec. 2. 10 V.S.A. § 6621f is added to read:
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§ 6621f. ADVANCED DISPOSAL FEE ON MERCURY-ADDED
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PRODUCTS
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An advanced disposal fee shall be imposed on mercury-added products as
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specified under section 6621d of this title, to be collected by the secretary from
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product wholesalers. The amount of the fee shall be eight percent of the
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wholesale market price of the product. The fee shall be assessed at the point of
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distribution. Products from manufacturers that have successful mercury
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reclamation or “take back” programs for mercury-added products shall be
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exempt from this advance disposal fee. The secretary shall adopt rules that
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establish the process for fee collection, and rules determining what is a
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successful mercury reclamation or “take back” program. As of January 1,
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2004, the secretary shall begin collecting the advance disposal fee and
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depositing fees received to the mercury reduction and management account of
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the solid waste fund.
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Sec. 3. 10 V.S.A. § 6618 is amended to read:
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§ 6618. WASTE MANAGEMENT ASSISTANCE FUND
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(a) There is hereby created in the state treasury a fund to be known as the
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waste management assistance fund, to be expended by the secretary of the
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agency of natural resources. The fund shall have two three accounts: one for
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solid waste management assistance and, one for hazardous waste management
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assistance, and one to reimburse municipalities for local mercury presorting
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and recycling programs. The hazardous waste management assistance account
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shall consist of a percentage of the tax on hazardous waste under the provisions
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of 32 V.S.A. chapter 237, as established by the secretary, the toxics use
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reduction fees under subsection 6628(j) of this title, and appropriations of the
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general assembly. In no event shall the amount of the hazardous waste tax
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which is deposited to the hazardous waste management assistance account
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exceed 40 percent of the annual tax receipts. The solid waste management
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assistance account shall consist of the franchise tax on waste facilities assessed
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under the provisions of 32 V.S.A. chapter 151, subchapter 13, and
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appropriations of the general assembly. The mercury reduction and
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management account shall consist of the advance disposal fee assessed on
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mercury-added products under the provisions of section 6621f of this title, and
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appropriations of the general assembly. All balances in the fund accounts at
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the end of any fiscal year shall be carried forward and remain a part of the fund
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accounts. Interest earned by the fund shall be deposited into the appropriate
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fund account. Disbursements from the fund accounts shall be made by the
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state treasurer on warrants drawn by the commissioner of finance and
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management.
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(b) The secretary may authorize disbursements from the solid waste
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management assistance account for the purpose of enhancing solid waste
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management in the state in accordance with the adopted waste management
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plan. This includes:
(1) the costs of implementation planning, design, obtaining permits,
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construction and operation of state or regional facilities for the processing of
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recyclable materials and of waste materials that because of their nature or
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composition create particular or unique environmental, health, safety, or
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management problems at treatment or disposal facilities;
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(2) the costs of assessing existing landfills, and eligible costs for closure
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and any necessary steps to protect public health at landfills certified or
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operating after December 31, 1979 and before January 1, 1987, provided those
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costs are the responsibility of the municipality or solid waste management
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district requesting assistance;
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(3) the costs of preparing the state waste management plan;
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(4) hazardous waste pilot projects consistent with this chapter;
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(5) the costs of developing markets for recyclable material; and
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(6) the costs of the agency of natural resources in administering solid
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waste management functions that may be supported by the fund established in
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subsection (a) of this section;
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(7) the costs of administering the waste facility panel established under
subchapter 5 of chapter 151 of this title;
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(8) the costs, not related directly to capital construction projects, that are
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incurred by a district, or a municipality that is not a member of a district, in the
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design and permitting of implementation programs included in the adopted
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solid waste implementation plan of the district or of the municipality that is not
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a member of a district. These disbursements shall be issued in the form of
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advances requiring repayment. These advances shall bear interest at an annual
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rate equal to the interest rate which the state pays on its bonds. These
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advances shall be repaid in full by the grantee no later than 24 months after the
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advance is awarded.
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(c) The secretary may authorize disbursements from the hazardous waste
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management assistance account for the purpose of enhancing hazardous waste
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management in the state in accordance with this chapter. This includes:
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(1) The costs of supplementing the state waste management plan with
respect to hazardous waste management.
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(2) The costs of the agency of natural resources in administering
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hazardous waste management functions that may be supported by the fund
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established in subsection (a) of this section.
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(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
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amounts to be disbursed for each of the functions described in subsections (b)
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and, (c), and (e) of this section. The secretary, in conformance with the
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priorities established in this chapter, shall establish a system of priorities
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within each function when the allocation is insufficient to provide funding for
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all eligible applicants.
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(e) The secretary may authorize disbursements from the mercury reduction
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and management account in the form of grants to municipalities to reimburse
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them for local mercury presorting and recycling programs. The secretary shall
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adopt rules relative to priority among municipalities eligible to receive grants,
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and relative to eligibility requirements, with priority being given to
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municipalities regulated under section 6605g of this title, that send their solid
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waste to municipal waste combustors as specified under that section. Any
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other municipality may establish a mercury presorting program, in which case
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eligible costs may be reimbursed by the secretary, depending upon the
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availability of funds. Any municipality with a mercury presorting program
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already in effect may also be eligible for reimbursement of eligible costs. The
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secretary shall determine the eligible costs of any municipality implementing a
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mercury presorting program, and shall reimburse the eligible costs. As of
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January 1, 2005, the secretary shall begin making grants pursuant to this
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program. The secretary shall submit an annual report by September 1 of each
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year to the senate and house committees on natural resources and energy,
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relative to the activities of the advance disposal fee program and disbursements
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from the mercury reduction and management account.
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