ThisThe assessmentapplicant shall includesubmit harms that a landfilllist wouldof likelyno causefewer bythan identifyingthree andindependent determiningthird anyparty potentiallycontractors harmfulto impactsthe ondepartment. human health, property values, tourism, outdoor recreation, and wildlife.

SuchThe impactsdepartment mayshall includereview noise,the odor,qualifications traffic,of groundwaterthe pollution,contractors, surfaceand waterprovided pollution,that greenhouseit gas,finds andthem otherqualified, emissionsshall emanatingwork fromin theconsultation facilitywith and to include the emissionshost fromcommunity transport of solid waste-related material and by-productsthe applicant to andselect froma themutually proposedagreeable facility.contractor.

2If Newthe Subparagraphs;department determines that one or more of the submitted contractors is not qualified, it shall require the applicant to identify additional contractors.

SatisfactionIf ofa Capacitymutually Need.agreeable third party has not been identified within 60 days, the commissioner shall choose from the submitted list.

Amend(e) RSAThe 149-M:11,required Vassessment byshall insertinginclude afterboth subparagraphpotential (d)harms theand followingpotential newbenefits subparagraphs:associated with the proposed facility.

(e)Potential Forharms an applicant seeking to expand an existing and fully permitted RCRA Subtitle D landfill, the department shall findinclude thatany thepotentially expansionharmful willimpacts satisfyon thehuman state’shealth, capacityproperty needvalues, if,tourism, duringoutdoor therecreation, yearsand forwildlife. which the permit shall be granted, the state will face a capacity shortfall for at least one-half of those years.

(f)Such Forimpacts anmay applicantAmendment seeking to developHB a215-FN new- landfillPage at2 a- siteinclude wherenoise, noneodor, currentlytraffic, exists,greenhouse thegas, departmentand shallother findemissions thatemanating thefrom new project will satisfy the state’sfacility capacityand needemissions if,from duringtransport theof yearssolid forwaste-related whichmaterial theand permitby-products shallto beand granted,from the stateproposed willfacility. face a capacity shortfall for at least HB 215-FN - AS INTRODUCED - Page 2 - one-half of those years.

However,Potential thebenefits department shall notinclude, allowin theaddition newto landfillcapacity need as described in subparagraph III(a), potential economic benefits to beginthe acceptinglocal wastearea untiland potential infrastructure improvements associated with the firstproposed yearproject, inand whichother afactors shortfallas isidentified expectedby tothe exist.contractor.

3(f) PublicTo Benefitassist Requirement;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;

Netthe Publicdepartment Benefit.Amendof RSAbusiness 149-M:11,and VIIIeconomic affairs to readevaluate asimpacts follows:on the local economy;

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

Each(g) applicantThe fordepartment a solid waste permit under this chapter shall haveissue theits burdendetermination of demonstratingwhether thatthe a proposed solid waste facility provides a net public benefit byprior showingto howcompleting thea proposedfull facilitytechnical satisfiesreview the criteria listed under paragraphSuch demonstration shall be included as part of eachthe applicationapplication. for a solid waste permit.

TheIf the department determines that the facility does provide a net public benefitbenefit, ofthe adepartment proposedshall operationnotify orthe projectapplicant in writing, and shall beproceed limitedwith solelytechnical toreview.If anthe evaluationdepartment ofdetermines that projectthe andproposed mayfacility does not beprovide mitigateda ornet enhancedpublic inbenefit, relationit toshall anyissue othera unrelatedwritten project.denial of the application.

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.

5 Effective Date.

This act shall take effect 60 days after its passage.

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