New Hampshire House Bill 1630 (2024) - (Failed)

Packaging means a discrete material or category of material, regardless of recyclability, including but not limited to such material types as paper, plastic, glass, metal, or multi-material, that is used for the containment, protection, handling, delivery, transport, distribution, or presentation of another product that is sold, offered for sale, imported, or distributed in the state.

Packaging does not include:

1. Medical devices and packaging which are included with products regulated as a drug, medical device, or dietary supplement by the United States Food and Drug Administration
2. Animal biologics, including vaccines, bacterins, antisera, diagnostic kits, and other products or biological origin, and others regulated by the United States Department of Agriculture
3. Packaging regulated by the Federal Insecticide, Fungicide, and Rodenticide Act
4. Beverage containers subject to a returnable container deposit, if such program should become broadly applicable.

Producer is defined first as a person or entity that manufactures or uses in commercial enterprise a product sold, offered for sale, contained, protected, delivered, presented, or distributed in or using packaging into the state under the brand of the manufacture.

If there is no brand or manufacturer, the owner or licensee of a trademark, regardless of whether the trademark is registered in the state, under which a product is sold, offered for sale, contained, protected, delivered, presented, or distributed in or using packaging is the Producer.

Lastly, if there is no brand or licensee, the person or entity that imports a product that is contained, protected, delivered, or presented in packaging, into the United States or the state for use in commercial enterprise in the state is the Producer.

Producer includes a franchisor of a franchise located in the state but does not include the franchisee operating that franchise.

A producer is exempt if they realized less than $1,000,000 in total gross revenue during the prior calendar year or sold, offered for sale, or distributed for sale products contained, protected, delivered, presented, or distributed in or using less than one ton of packaging material in total during the prior calendar year.

The state will select a packaging reduction organization via a competitive bid process. The state will enter into a contract with a packaging reduction organization to coordinate the packaging reduction program. If the department determines no bidder has submitted a proposal that meets the requirements the department shall operate the program by itself.

The packaging reduction organization or PRO shall be a non-profit organization.

The packaging reduction organization must reimburse local governments for operational costs of implementation of reduction and refill and reuse programs, collection, transportation, and recycling of packaging materials.

Program fees shall cover total costs associated with collection transportation, and management of each type of packaging material.

Program fees will cover educational and outreach efforts made by the packaging reduction organization.

Program fees will cover administration of the program.

Program fees will cover infrastructure improvements.

Producers shall pay fees based on the quantity and type of packaging.

Producers shall be required to make changes to the design of their products in order to meet packaging reduction and recycling requirements.

Fees shall be adjusted and incentivize an increase in the proportion of a producer’s total packaging that is managed within a reuse and refill system.There shall be no fee assessed on packaging that is designed for reuse and refill and contained within a reuse or refill system.

Fees shall be adjusted and incentivize reduction in the total packaging as measured by weight. Weight reductions shall not be achieved by substituting plastic for other materials types.

Fees shall be adjusted and incentivize a reduction or elimination of toxic components, as well as a reduction of litter.

Fees shall be adjusted and incentivize packaging that is deemed recyclable and a producer’s total packaging that is ultimately recycled.

A producer shall ensure their packaging meets the following recycling rates:

1. Not less than 30 percent within 5 years of this law
2. Not less than 50 percent within 8 years
3. Not less than 70 percent within 12 years

These rates do not apply to reusable or refillable packaging or containers.

Each individual producer shall meet the following requirements:

1. Beginning 2 years after producer registration, a producer shall reduce the amount of packaging used to contain, protect, deliver, present, or distribute the products they sell, offer for sale, or distribute for sale into the state, by such goals as established by the department. Such goal shall not be less than 5 percent by weight. In 5 years, this goal shall not be less than 20 percent by weight. In 10 years the goal shall not be less than 50 percent by weight.

2. The reductions shall be measured against the total amount of packaging the producer used to contain, protect, deliver, present, or distribute the products they sold, offered for sale, or distributed for sale, during the first year the producer registered with the packaging reduction organization.

3. The reductions may be achieved by using: Elimination of packaging components; Reduction of packaging components; Using reuse and refill systems; and Packaging rightsizing, light weighting, and optimization. The reductions required by this subsection shall not be achieved by substituting plastic for other materials.

4. If a producer enters the market with 50% or more by weight of its packaging being reusable and contained within a reuse and refill system, the producer can apply for a waiver"

No less than 25% of the total funds collected must go to projects and programs to achieve the packaging reduction and recycling requirements. Funds may be used for investment in collection systems, transportation systems, reuse systems, washing systems, redistribution systems, technology for tracking and data collection, capital expenditures on new and emerging technology focused on reusable and refillable packaging, as well as equipment, and facilities, and other projects determined by the department.

Any investments shall be approved by the department. The department shall approve or deny proposed investments within 90 days of receipt of a proposal from the packaging reduction organization.

Within 1 year after the adoption of rules, the department shall select and enter into a contract with a non-profit organization to act as the packaging reduction organization in order to operate the packaging reduction and recycling program for a period of 10 years.

One year after the selection of the packaging reduction organization a producer shall not sell, offer for sale, or distribute into the state a product contained, protected, delivered, presented, or distributed in packaging unless the producer is registered with the PRO and in compliance.

The packaging reduction fund is established, managed by the PRO with oversight from the department. The PRO shall deposit into the fund all payments received from producers and any penalties.

Annually, the packaging reduction organization shall submit a report to the department. The timing of that report will be determined during rule making.

The department, the inspector general, and the attorney general, may issue a notice of violation to, and impose an administrative civil penalty not to exceed $100,000 per day per violation on any entity not in compliance. Each product line that is sold, offered for sale, or distributed to consumers, via retail commerce, in the state, including through an Internet transaction violation shall be considered a violation.

The packaging reduction organization shall prioritize investments for projects and programs that will directly benefit environmental justice communities, including, but not limited to, communities that are home to a landfill, incinerator, transfer station, or waste-to-energy facility.

The PRO needs to provide producers with their education and outreach so it can be included on packaging labels to inform consumers about the methods to responsibly reuse, recycle, or dispose of the packaging.

The PRO needs to include the location and availability of curbside and drop-off collection opportunities for packaging waste, including deposit and take-back programs in their education and outreach.

The PRO shall conduct public outreach and education and be coordinated with the various local governments in the state.

Recyclable means a product or packaging material that can be sorted by entities that process post-consumer materials generated in the state, has a consistent regional market for purchase by end users in the production of new products, and can be recycled with minimal losses of material during processing and manufacturing.

Beginning 2 years after the adoption of rules, no person or entity may sell, offer for sale, or distributed into the state any packaging containing toxic substances described in statute, including polyvinyl chloride, polystyrene, polycarbonate, formaldehyde, lead, and others.

Beginning 3 years after the adoption of rules and every 3 years thereafter, the department shall designate at least 10 additional toxic substances or families of toxic substances that shall no longer be sold, offered for sale, distributed for sale, or distributed for use in packaging in this state unless it determines there are not 10 chemicals that meet the definition of toxic substances. If the department determines there are not 10 toxic substances that meet such a definition, it shall publish a detailed statement of its findings and conclusions supporting such determination.

No later than 18 months after the effective date, the department shall conduct a statewide packaging reduction, reuse, and recycling needs assessment to determine the current state of packaging reuse, recycling, and disposal, and to identify barriers and opportunities to reduce the amount of packaging discarded and disposed of, and to increase the reusability and recyclability of packaging. The PRO needs to reimburse the department and the state comptroller for the costs associated with conducting needs assessments. Within one year after adopting rules and every 5 years thereafter, the department shall issue a request for proposals to conduct a statewide packaging reduction, reuse, and recycling needs assessment.

The packaging reduction organization shall conduct an annual review process to determine whether products and packaging materials are recyclable. This review shall be conducted in consultation with representatives of end markets, including recycled commodities brokers and manufacturers who purchase post-consumer material for use in manufacturing new products. For the purposes of calculating producer payments and municipal reimbursements, this annual process shall include a transitional period between the date the determination is finalized and the date it goes into effect.

Reuse means the return of packaging back into the economic stream for use in the same kind of application intended for the original packaging, without effectuating a change in the original composition of the package, the identity of the product, or the components thereof.

Reuse and refill system means a program or set of mechanisms designed to facilitate multiple uses of packaging; Mechanisms may include, but are not limited to, deposits, incentives, curbside collection, collection kiosks, refill stations, dishwashing facilities, and re-distribution networks.