Bill Text: NH HB1425 | 2020 | Regular Session | Amended


Bill Title: Directing the department of environmental services to publish an advisory to public schools on the risks associated the use of food containers containing polyfluoralkyl substances and polystyrene and establishing a committee to study how to remove food containers containing polyfluoroalkyl substances and polystyrene from schools

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2020-06-16 - Introduced 06/16/2020, and Laid on Table, Motion Adopted, Voice Vote; 06/16/2020; Senate Journal 8 [HB1425 Detail]

Download: New_Hampshire-2020-HB1425-Amended.html

HB 1425-FN - AS AMENDED BY THE HOUSE

 

11Mar2020... 0755h

2020 SESSION

20-2299

08/10

 

HOUSE BILL 1425-FN

 

AN ACT directing the department of environmental services to publish an advisory to public schools on the risks associated the use of food containers containing polyfluoralkyl substances and polystyrene and establishing a committee to study how to remove food containers containing polyfluoroalkyl substances and polystyrene from schools.

 

SPONSORS: Rep. W. Thomas, Hills. 21; Rep. DesMarais, Carr. 6; Rep. Stack, Hills. 21; Rep. Eisner, Rock. 6

 

COMMITTEE: Resources, Recreation and Development

 

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AMENDED ANALYSIS

 

This bill directs the department of education to publish an advisory to public schools on the risks associated the use of food containers containing polyfluoralkyl substances and polystyrene and establishes a committee to study how to remove food containers containing polyfluoroalkyl substances and polystyrene from schools.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2020... 0755h 20-2299

08/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT directing the department of environmental services to publish an advisory to public schools on the risks associated the use of food containers containing polyfluoralkyl substances and polystyrene and establishing a committee to study how to remove food containers containing polyfluoroalkyl substances and polystyrene from schools.

 

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

 

1 Department of Education; Department of Environmental Services.  The department of education, in consultation with the department of environmental services, shall publish an advisory to all public schools explaining the environmental and health risks associated with food containers containing polyfluoroalkyl substances (PFAS) and polystyrene.

2  Committee Established.  There is established a committee to study how to remove food containers containing polyfluoroalkyl substances (PFAS) and polystyrene from schools.

3  Membership and Compensation.

I.  The members of the committee shall be as follows:

(a)  Three members of the house of representatives, appointed by the speaker of the house of representatives.

(b)  Two members of the senate, appointed by the president of the senate.

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

4  Duties.  The committee shall examine options for the removal of PFAS and polystyrene food containers for public schools including alternatives to food containers using PFAS and polystyrene.  The committee shall also develop legislation to be filed with its report.

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 house 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.

6  Report.  The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2020.

7  Effective Date.  This act shall take effect upon its passage.

 

LBAO

20-2299

11/13/19

 

HB 1425-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT requiring the removal of all containers containing PFAS compounds from public schools and hospitals.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [ X ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

METHODOLOGY:

This bill would require the Department of Environmental Services to conduct a study of packaging materials intended for food contact used in school and hospital settings, including food service ware (plates, trays, clamshell containers) and other packaging types used for storage, distribution and handling of foods.  The study would assess the types of packaging materials currently in use, whether there is PFAS present in such materials, and whether there are alternative packaging materials available without PFAS that pose a lesser risk to the consumer. The Department assumes criteria for risk assessment would first need to be established.  The bill also requires the Department assess various packaging types in terms of performance, cost and availability.  The Department assumes this would be a complicated endeavor, as it is likely that there is a high degree of variability in packaging types used at institutions across the State.  As new packaging products come into the consumer marketplace the Department assumes it  would need to evaluate the new packaging and provide technical assistance to affected institutions on an on-going basis.  The Department assumes 1-3 additional staff would be needed to fulfill the requirements in the bill.  The average annual cost for salary, benefits and other related expenses for staff would be approximately $100,000 each.  In addition, the bill would  result in additional costs beyond the staff. Such indeterminable costs may include costs associated with data collection, lab testing, outside engineers and consultants, and analysis.  Due to the number of variables in this bill, the Department is unable to accurately calculate a complete cost estimate.

 

It is not possible to estimate the impact to either county or local governments that own and operate affected institutions.  If public schools and hospitals are required to use alternative packaging and/or switch food vendors, the Department assumes that there may be some cost impacts. At present time the Department is unable to estimate the nature or extent of these cost impacts.  Because the bill is silent on the source of funds for this study, it is assumed the additional state expenditures would be a cost to the general fund.

 

It is assumed this bill will not be implemented until FY 2021.

 

AGENCIES CONTACTED:

Department of Environmental Services

 

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