HB 1420-FN - AS INTRODUCED

 

 

2022 SESSION

22-2649

08/10

 

HOUSE BILL 1420-FN

 

AN ACT prohibiting the issuance of new landfill permits until the state's solid waste plan is updated.

 

SPONSORS: Rep. Massimilla, Graf. 1; Rep. Thompson, Coos 1; Rep. Burroughs, Carr. 1; Rep. Theberge, Coos 3; Sen. Hennessey, Dist 1

 

COMMITTEE: Environment and Agriculture

 

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ANALYSIS

 

This bill prohibits the issuance of new landfill permits under the state's solid waste plan is updated.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2649

08/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT prohibiting the issuance of new landfill permits until the state's solid waste plan is updated.

 

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

 

1  New Paragraph; Landfill Permits; Solid Waste Plan.  Amend RSA 149-M:9 by inserting after paragraph V the following new paragraph:

V-a.  The department shall not issue a permit for the construction of a new facility unless the department makes a positive determination that the permit application is consistent with the state's solid waste plan that has been updated consistent with the requirements of RSA 149-M:29.

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

 

LBA

22-2649

11/18/21

 

HB 1420-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT prohibiting the issuance of new landfill permits until the state's solid waste plan is updated.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2022

FY 2023

FY 2024

FY 2025

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

Funding Source:

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

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

Indeterminable

Indeterminable

Indeterminable

Indeterminable

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

 

METHODOLOGY:

This bill would prohibit the Department of Environmental Services from issuing permits for the construction of any new solid waste facility unless such permitting decision is consistent with an updated state solid waste management plan. The Department makes the following assumptions regarding this bill:

  • The term “new facility” includes all types of solid waste facilities, including expansions of existing landfills.
  • That “updated consistent with the requirements of RSA 149-M:29” means a permitting decision cannot be issued until the state plan is updated in accordance with the schedule identified in RSA 149-M:29, namely, by October 1, 2022, and every ten years thereafter.
  • That it will not be able to issue decisions on applications under review at the time the bill becomes effective (upon passage).

 

The Department states the “positive determination” will be made during review of a solid waste application in accordance with their existing review procedures relative to RSA 149-M:11.  While additional staff is not needed for application reviews, the Department expects slightly more staff time would be required to complete application reviews and prepare decision documents, which may result in an increase in state expenditures.  

 

The Department adds that the inability to permit new facilities would be disruptive to the solid waste market, resulting in changes to solid waste management prices due to lack of adequate capacity. This may result in state, county and local government expenditures for waste management and disposal to increase. In addition, the Department states revenues to local governments that are host municipalities, may decrease due to a lack of new facilities.

 

AGENCIES CONTACTED:

Department of Environmental Services