Bill Summary – FastDemocracy

0562.01000
     Sixty-sixth
     Legislative Assembly                     HOUSE BILL NO. 1200
     of North Dakota
     Introduced by
       Representatives D. Ruby, Becker, Johnston, Kasper, Laning, Lefor, Marschall
       Senators Hogue, Kreun, Vedaa
  A BILL for an Act to create and enact section 23-29-07.12 and a new section to chapter 23.1-08
  of the North Dakota Century Code, relating to prohibiting a political subdivision from regulating
  an auxiliary container; to amend and reenact sections 23-29-03 and 23.1-08-02 of the North
  Dakota Century Code, relating to the definition of auxiliary container; to provide an effective
  date; and to provide an expiration date.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 23-29-03 of the North Dakota Century Code is
  amended and reenacted as follows:
      23-29-03. Definitions. (Contingent repeal - See note)
     1.   "Auxiliary container" means a bag, cup, bottle, straw, or other packaging, whether
          reusable or single-use, which is:
          a.     Made of cloth, paper, plastic, corrugated material, aluminum, glass,
                 postconsumer recycled material, or a similar material or substrate, including a
                 coated, laminated, or multilayer substrate; and
          b.     Designated for transporting, consuming, or protecting merchandise, food, or
                 beverages from or at a food service or retail facility.
     2.   "Collection" means the aggregation of solid waste from the places at which the waste
          was generated.
   2.3.   "Department" means the state department of health.
   3.4.   "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or
          placing of any solid waste into or on any land or water including ground water.
   4.5.   "Industrial waste" means solid waste, which is not a hazardous waste regulated under
          chapter 23-20.3, generated from the combustion or gasification of municipal waste and
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           from industrial and manufacturing processes. The term does not include municipal
           waste or special waste.
    5.6.   "Infectious waste" means solid waste that may contain pathogens with sufficient
           virulence and in sufficient quantity that exposure of a susceptible human or animal to
           the solid waste could cause the human or animal to contract an infectious disease.
    6.7.   "Landfill" means a publicly or privately owned area of land where solid wastes are
           permanently disposed.
    7.8.   "Litter" means discarded and abandoned solid waste materials that are not special
           waste or industrial waste.
   8.9.   "Major appliance" means an air conditioner, clothes dryer, clothes washer, dishwasher,
          freezer, microwave oven, oven, refrigerator, stove, furnace, water heater, humidifier,
          dehumidifier, garbage disposal, trash compactor, or other similar appliance.
  9.10.   "Municipal waste" means solid waste that includes garbage, refuse, and trash
          generated by households, motels, hotels, and recreation facilities; by public and
          private facilities; and by commercial, wholesale, and private and retail businesses. The
          term does not include special waste or industrial waste.
 10.11.   "Open burning" means the combustion of solid waste without control of combustion air
          to maintain adequate temperature for efficient combustion, containment of the
          combustion reaction in an enclosed device to provide sufficient residence time and
          mixing for complete combustion, and control of the emission of the combustion
          products.
 11.12.   "Person" means any individual, corporation, limited liability company, partnership, firm,
          association, trust, estate, public or private institution, group, federal agency, political
          subdivision of this state or any other state or political subdivision thereof, and any legal
          successor, representative agent, or agency of the foregoing.
 12.13.   "Political subdivision" means a city, county, township, or solid waste management
          authority.
 13.14.   "Resource recovery" means the use, reuse, or recycling of materials, substances,
          energy, or products contained within or derived from solid waste.
 14.15.   "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water
          supply treatment plant, or air pollution control facility and other discarded material,
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           including solid, liquid, semisolid, or contained gaseous material resulting from
           industrial, commercial, mining, and agricultural operations, and from community
           activities. The term does not include:
           a.   Agricultural waste, including manures and crop residues, returned to the soil as
                fertilizer or soil conditioners; or
           b.   Solid or dissolved materials in domestic sewage, or solid or dissolved material in
                irrigation return flows or industrial discharges that are point sources subject to
                permits under section 402 of the Federal Water Pollution Control Act, as
                amended [Pub. L. 92-500; 86 Stat. 816; 33 U.S.C. 1251 et seq.], or source,
               special nuclear, or byproduct material as defined by the Atomic Energy Act of
               1954, as amended [68 Stat. 919; 42 U.S.C. 2011 et seq.].
 15.16.   "Solid waste management" means the purposeful systematic control of the storage,
          collection, transport, composting, resource recovery, land treatment, and disposal of
          solid waste.
 16.17.   "Special waste" means solid waste that is not a hazardous waste regulated under
          chapter 23-20.3 and includes waste generated from energy conversion facilities; waste
          from crude oil and natural gas exploration and production; waste from mineral and ore
          mining, beneficiation, and extraction; and waste generated by surface coal mining
          operations. The term does not include municipal waste or industrial waste.
 17.18.   "Storage" means the containment and holding of solid waste after generation for a
          temporary period, at the end of which the solid waste is processed for resource
          recovery, treated, disposed of, or stored elsewhere.
 18.19.   "Transport" means the offsite movement of solid waste.
     SECTION 2. Section 23-29-07.12 of the North Dakota Century Code is created and enacted
 as follows:
     23-29-07.12. Prohibition on political subdivision ordinance regulating auxiliary
 containers.
     1.   Notwithstanding any other provision of law, a political subdivision may not adopt or
          enforce an ordinance that:
          a.   Regulates the use or disposition of an auxiliary container;
          b.   Prohibits or restricts an auxiliary container; or
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           c.   Imposes a fee, charge, or tax on an auxiliary container.
      2.   This section may not be construed to prohibit or restrict:
           a.   A curbside or commercial recycling program;
           b.   A designated residential or commercial recycling location;
           c.   A political subdivision from adopting or enforcing an ordinance prohibiting
                littering; or
           d.   A political subdivision or a public or private facility from using or regulating an
                auxiliary container on property owned by the respective political subdivision or
                public or private facility.
    SECTION 3. AMENDMENT. Section 23.1-08-02 of the North Dakota Century Code is
 amended and reenacted as follows:
    23.1-08-02. Definitions. (Contingent effective date - See note)
     1.   "Auxiliary container" means a bag, cup, bottle, straw, or other packaging, whether
          reusable or single-use, which is:
          a.   Made of cloth, paper, plastic, corrugated material, aluminum, glass,
               postconsumer recycled material, or a similar material or substrate, including a
               coated, laminated, or multilayer substrate; and
          b.   Designated for transporting, consuming, or protecting merchandise, food, or
               beverages from or at a food service or retail facility.
     2.   "Collection" means the aggregation of solid waste from the places at which the waste
          was generated.
   2.3.   "Department" means the department of environmental quality.
   3.4.   "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or
          placing of any solid waste into or on any land or water including ground water.
   4.5.   "Industrial waste" means solid waste, which is not a hazardous waste regulated under
          chapter 23.1-04, generated from the combustion or gasification of municipal waste and
          from industrial and manufacturing processes. The term does not include municipal
          waste or special waste.
   5.6.   "Infectious waste" means solid waste that may contain pathogens with sufficient
          virulence and in sufficient quantity that exposure of a susceptible human or animal to
          the solid waste could cause the human or animal to contract an infectious disease.
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    6.7.   "Landfill" means a publicly or privately owned area of land where solid wastes are
           permanently disposed.
    7.8.   "Litter" means discarded and abandoned solid waste materials that are not special
           waste or industrial waste.
    8.9.   "Major appliance" means an air conditioner, clothes dryer, clothes washer, dishwasher,
           freezer, microwave oven, oven, refrigerator, stove, furnace, water heater, humidifier,
           dehumidifier, garbage disposal, trash compactor, or similar appliance.
   9.10.   "Municipal waste" means solid waste that includes garbage; refuse; and trash
           generated by households, motels, hotels, recreation facilities, public and private
          facilities; and commercial, wholesale, private, and retail businesses. The term does
          not include special waste or industrial waste.
 10.11.   "Open burning" means the combustion of solid waste without control of combustion air
          to maintain adequate temperature for efficient combustion, containment of the
          combustion reaction in an enclosed device to provide sufficient residence time and
          mixing for complete combustion, and control of the emission of the combustion
          products.
 11.12.   "Political subdivision" means a city, county, township, or solid waste management
          authority.
 12.13.   "Resource recovery" means the use, reuse, or recycling of materials, substances,
          energy, or products contained within or derived from solid waste.
 13.14.   "Solid waste" means any garbage; refuse; sludge from a waste treatment plant, water
          supply treatment plant, or air pollution control facility; and other discarded material,
          including solid, liquid, semisolid, or contained gaseous material resulting from
          industrial, commercial, mining, and agricultural operations, and from community
          activities. The term does not include:
          a.   Agricultural waste, including manures and crop residues, returned to the soil as
               fertilizer or soil conditioners; or
          b.   Solid or dissolved materials in domestic sewage, or solid or dissolved material in
               irrigation return flows or industrial discharges that are point sources subject to
               permits under section 402 of the Federal Water Pollution Control Act, as
               amended [Pub. L. 92-500; 86 Stat. 816; 33 U.S.C. 1251 et seq.], or source,
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                special nuclear, or byproduct material as defined by the Atomic Energy Act of
                1954, as amended [68 Stat. 919; 42 U.S.C. 2011 et seq.].
  14.15.   "Solid waste management" means the purposeful systematic control of the storage,
           collection, transport, composting, resource recovery, land treatment, and disposal of
           solid waste.
  15.16.   "Special waste" means solid waste that is not a hazardous waste regulated under
           chapter 23.1-04 and includes waste generated from energy conversion facilities; waste
           from crude oil and natural gas exploration and production; waste from mineral and ore
           mining, beneficiation, and extraction; and waste generated by surface coal mining
          operations. The term does not include municipal waste or industrial waste.
 16.17.   "Storage" means the containment and holding of solid waste after generation for a
          temporary period, at the end of which the solid waste is processed for resource
          recovery, treated, disposed of, or stored elsewhere.
 17.18.   "Transport" means the offsite movement of solid waste.
    SECTION 4. A new section to chapter 23.1-08 of the North Dakota Century Code is created
 and enacted as follows:
    Prohibition on political subdivision ordinance regulating auxiliary containers.
     1.   Notwithstanding any other provision of law, a political subdivision may not adopt or
          enforce an ordinance that:
          a.   Regulates the use or disposition of an auxiliary container;
          b.   Prohibits or restricts an auxiliary container; or
          c.   Imposes a fee, charge, or tax on an auxiliary container.
     2.   This section may not be construed to prohibit or restrict:
          a.   A curbside or commercial recycling program;
          b.   A designated residential or commercial recycling location;
          c.   A political subdivision from adopting or enforcing an ordinance prohibiting
               littering; or
          d.   A political subdivision or a public or private facility from using or regulating an
               auxiliary container on property owned by the respective political subdivision or
               public or private facility.
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      SECTION 5. EFFECTIVE DATE - EXPIRATION DATE. If, by August 1, 2019, the legislative
  council has not received certification from the chief of the environmental health section of the
  state department of health that all authority, powers, and duties from the environmental health
  section of the state department of health have been transferred to the department of
  environmental quality, section 2 of this Act becomes effective on August 1, 2019, and remains in
  effect until the date certification is received, after which section 2 of this Act is ineffective. If the
  certification is received before August 1, 2019, section 2 of this Act does not become effective.
      Sections 3 and 4 of this Act become effective on August 1, 2019, if the legislative council
  has received certification from the chief of the environmental health section of the state
 department of health that all authority, powers, and duties from the environmental health section
 of the state department of health have been transferred to the department of environmental
 quality. If the certification is not received by August 1, 2019, sections 3 and 4 of this Act become
 effective on the date certification is received.
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Statutes affected: 
INTRODUCED: 23-29-03, 23.1-08-02
Enrollment: 23-29-03, 23.1-08-02