If the department determines that the proposed facility does not provide a substantial public benefit, it shall issue a written denial of the application.To make this determination, the department shall consider:

(a) The short-and long-term need for a solid waste facility of the proposed type, size, and location to provide capacity to accommodate solid waste generated within the borders of New Hampshire, which capacity need shall be identified as provided in paragraph V.

(d) ToFor assistproposed theprivately-owned departmentlandfill infacilities only, the determinationability of net public benefit, an assessment shall be conducted on behalf of the hostproposed communityfacility and/orto otherprovide abuttinga municipalitiesnet bypublic anbenefit. independent third-party and the costs for such assessment shall be borne by the applicant.

ThisA assessmentnet shallpublic includebenefit harmsexists thatif apotential landfillbenefits wouldfor likelya causeproposed byproject identifyingare anddetermined determiningto anybe potentiallygreater harmfulthan impactsthe onpotential humanharms. health, property values, tourism, outdoor recreation, and wildlife.

SuchNet impactspublic maybenefit includeshall noise,be odor,determined traffic,as groundwaterprovided pollution,in surfaceparagraph waterVI. pollution, greenhouse gas, and other emissions emanating from the facility and to include the emissions from transport of solid waste-related material and by-products to and from the proposed facility.

2 New Subparagraphs;Paragraph;

Determination of Net Public Benefit.

Amend RSA 149-M:11 by inserting after paragraph XI, the following new paragraph:

XII.

Net public benefit of a proposed privately-owned landfill facility shall be determined as follows:

Amendment to HB 215-FN - Page 2 - (a) An assessment shall be conducted on behalf of the host community and/or other abutting municipalities by an independent third party contractor and the costs for such assessment shall be borne by the applicant.

The applicant shall submit a list of no fewer than three independent third party contractors to the department.

The department shall review the qualifications of the contractors and provided that it finds them qualified, shall work in consultation with the host community and the applicant to select a mutually agreeable contractor.

If the department determines that one or more of the submitted contractors is not qualified, it shall require the applicant to identify additional contractorsIf a mutually agreeable third party has not been identified within 60 days, the commissioner shall choose from the submitted list.

(b) The required assessment shall include both potential harms and potential benefits associated with the proposed facility.

Potential harms shall include any potentially harmful impacts on human health, property values, tourism, outdoor recreation, and wildlife.

Such impacts may include noise, odor, traffic, greenhouse gas, and other emissions emanating from the facility and emissions from transport of solid waste-related material and by-products to and from the proposed facility.

Potential benefits shall include, in addition to capacity need as described in subparagraph III(a), potential economic benefits to the local area and potential infrastructure improvements associated with the proposed project, and other factors as identified by the contractor.

(c) The department shall review the third-party assessment to determine whether the proposed facility provides a net public benefit.

To assist in review of the third-party assessment, the department shall consult, as needed, with the department of transportation to evaluate impacts on local traffic and infrastructure;

the department of business and economic affairs to evaluate impacts on the local economy;

and the department of natural and cultural resources to evaluate impacts on tourism and local natural and cultural resources.

3 New Subparagraphs;

(f) For an applicant seeking to develop a new landfill at a site where none currently exists, the department shall find that the new project will satisfy the state’s capacity need if, during the years for which the permit shall be granted, the state will face a capacity shortfall for at least HB 215-FN - AS INTRODUCED - Page 2 - one-half of those years.

34 Public Benefit Requirement;Requirement.

NetAmend Public Benefit.Amend RSA 149-M:11, VIII to read as follows:

Each applicant for a solid waste permit under this chapter shall have the burden of demonstrating that a proposed solid waste facility provides a net public benefit by showing how the Amendment to HB 215-FN - Page 3 - proposed facility satisfies the criteria listed under paragraphSuchparagraph IISuch demonstration shall be included as part of each application for a solid waste permit.

The net public benefit of a proposed operation or project shall be limited solely to an evaluation of that project and may not be mitigated or enhanced in relation to any other unrelatedrelated project.

4 Public Benefit Required;

Net Public Benefit.

Amend RSA 149-M:11, XI to read as follows:

XI.

Facilities permitted under this chapter shall be operated so as to provide a [substantial] net public benefit consistent with the information submitted as part of the application concerning how the facility accommodates New Hampshire capacity needs.

If a permittee cannot demonstrate consistency with information submitted in its permit application, and where it no longer meets needs identified in the state solid waste management plan and one or more solid waste management plans submitted to and approved by the department under RSA 149-M:25 due to circumstances beyond its control, as determined by the commissioner and the attorney general, the department shall not enforce this paragraph based solely upon such inconsistency.

LBA 25-0257 12/27/24 HB 215-FN- FISCAL NOTE AS INTRODUCED AN ACT requiring a landfill permit applicant to submit a report listing potential harms and benefits of the project.

FISCAL IMPACT:

This bill does not provide funding.

Estimated State Impact FY 2025 FY 2026 FY 2027 FY 2028 Revenue $0 $0 $0 $0 Revenue Fund(s) None Indeterminable Indeterminable Indeterminable Indeterminable Expenditures* Increase Increase Increase Increase ($0 - $100,000) ($0 - $100,000) ($0 - $100,000) ($0 - $100,000) Funding Source(s) General Fund Appropriations* $0 $0 $0 $0 Funding Source(s) None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill Estimated Political Subdivision Impact FY 2025 FY 2026 FY 2027 FY 2028 County Revenue $0 $0 $0 $0 Indeterminable Indeterminable Indeterminable Indeterminable County Expenditures Increase Increase Increase Increase ($0 - $100,000) ($0 - $100,000) ($0 - $100,000) ($0 - $100,000) Local Revenue $0 $0 $0 $0 Local Expenditures Indeterminable Indeterminable Indeterminable Indeterminable Increase Increase Increase Increase ($0 - $100,000) ($0 - $100,000) ($0 - $100,000) ($0 - $100,000) METHODOLOGY:

This bill requires a landfill permit applicant to submit a report listing potential harms and benefits of the project and requires the department of environmental services to make a determination that the landfill is a net public benefit.

The Department of Environmental Services states they would implement the bill by modifying the administrative rules governing solid waste management, as necessary, and administering RSA 149-M:11 during the application review process and throughout a facility's operational years.

As a result, application processing time is expected to increase, requiring the Department to reallocate staff resources from other projects.

This reallocation would affect staff availability for other responsibilities under RSA 149-M, including education, training, waste diversion programs, processing other applications, engineering oversight, and responding to solid waste incidents.

The potential expenditures associated with this bill are indeterminable.

However, costs would arise from revising administrative rules and managing more extensive or complex public benefit demonstrations during application reviews.

Additionally, costs could be incurred by the State, counties, or municipalities if these entities choose to submit applications for landfill expansions or new landfill projects.

The Department estimates that potential additional expenditures could range from $0 to $100,000 for the State, counties, or municipalities, depending on the frequency and complexity of applications submitted.

In years where no such applications are filed, no expenditures related to this legislation would be incurred.

AGENCIES CONTACTED:

Department of Environmental Services