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SB 644-FN - VERSION ADOPTED BY BOTH BODIES SESSION 26-2095 08/09 SENATE BILL 644-FN AN ACT requiring background checks for solid waste and hazardous waste facility owners.
CHAPTER 145 SB 644-FN - FINAL VERSION SESSION 26-2095 08/09 SENATE BILL 644-FN AN ACT requiring background checks for solid waste and hazardous waste facility owners.
Energy and Natural Resources ───────────────────────────────────────────────────────────────── ANALYSIS This bill requires background checks for solid waste and hazardous waste facility owners including partners and managers.
Energy and Natural Resources ───────────────────────────────────────────────────────────────── ANALYSIS This bill requires background checks for solid waste and hazardous waste facility owners, including partners and managers.
SB 644-FN - VERSION ADOPTED BY BOTH BODIES 26-2095 08/09 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT requiring background checks for solid waste and hazardous waste facility owners.
CHAPTER 145 SB 644-FN - FINAL VERSION 26-2095 08/09 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT requiring background checks for solid waste and hazardous waste facility owners.
1 Background Checks.
145:1 Background Checks.
(D) “Partner” means one of 2 or more persons carrying on as co-owners of a business for profit."Partner" includes, but is not limited to, a limited or general partner of a partnership, professional association, or foreign partnership or such partners as set forth in title XXVIII.
(D) “Partner” means one of 2 or more persons carrying on as co-owners of a business for profit.
"Partner" includes, but is not limited to, a limited or general partner of a partnership, professional association, or foreign partnership or such partners as set forth in title XXVIII.
SB 644-FN - VERSION ADOPTED BY BOTH BODIES - Page 2 - (F) "Manager” means a person who is named or designated as a manager of a limited liability company in an operating agreement.
(F) "Manager” means a person who is named or designated as a manager of a limited liability company in an operating agreement.
"Manager" includes each manager of a limited liability company, foreign limited liability company, or professional limited liability company as set forth in RSA 304-C and RSA 304-D.
"Manager" includes each manager of a limited CHAPTER 145 SB 644-FN - FINAL VERSION - Page 2 - liability company, foreign limited liability company, or professional limited liability company as set forth in RSA 304-C and RSA 304-D.
(6) The department shall submit the criminal records release authorization forms and fingerprint forms to the department of safety, division of state police, which shall conduct a SB 644-FN - VERSION ADOPTED BY BOTH BODIES - Page 3 - criminal history records check through its records and through the Federal Bureau of Investigation.
(6) The department shall submit the criminal records release authorization forms and fingerprint forms to the department of safety, division of state police, which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation.
(7) The department may bill the applicant for any costs or fees associated with the performance history review and the criminal records check, including, but not limited to, any fee charged by the department of safety or the Federal Bureau of Investigation for the criminal records checks set forth in this paragraph.The department shall destroy all criminal history record information within 60 days after the department’s decision on the application or upon the conclusion of any appeal of the department’s decision, whichever is later.
CHAPTER 145 SB 644-FN - FINAL VERSION - Page 3 - (7) The department may bill the applicant for any costs or fees associated with the performance history review and the criminal records check, including, but not limited to, any fee charged by the department of safety or the Federal Bureau of Investigation for the criminal records checks set forth in this paragraph.
The department shall destroy all criminal history record information within 60 days after the department’s decision on the application or upon the conclusion of any appeal of the department’s decision, whichever is later.
(a) The person fails to demonstrate sufficient reliability, expertise, integrity and competence to operate a hazardous waste facility.
(a) The person fails to demonstrate sufficient reliability, expertise, integrity, and competence to operate a hazardous waste facility.
2 Permit Applicants;
145:2 Permit Applicants;
The cost of any investigation under this paragraph shall be borne by the applicant.] The department shall hold a public hearing no later than 30 days SB 644-FN - VERSION ADOPTED BY BOTH BODIES - Page 4 - prior to making any final decision on an application to transfer a permit issued under this section.
The cost of any investigation under this paragraph shall be borne by the applicant.] The department shall hold a public hearing no later than 30 days prior to making any final decision on an application to transfer a permit issued under this section.
3 Disclosure of Ownership.
145:3 Disclosure of Ownership.
and if the applicant is any other kind of association, the state of formation, the address of its principal place of business, and the names and addresses of its partners, members, managers, or participants.
and if the applicant is any other kind of CHAPTER 145 SB 644-FN - FINAL VERSION - Page 4 - association, the state of formation, the address of its principal place of business, and the names and addresses of its partners, members, managers, or participants.
4 Background Checks.
145:4 Background Checks.
(D) “Partner” means one of 2 or more persons carrying on as co-owners of a business for profit."Partner" includes, but is not limited to, a limited or general partner of a SB 644-FN - VERSION ADOPTED BY BOTH BODIES - Page 5 - partnership, professional association, or foreign partnership or such partners as set forth in title XXVIII.
(D) “Partner” means one of 2 or more persons carrying on as co-owners of a business for profit.
"Partner" includes, but is not limited to, a limited or general partner of a partnership, professional association, or foreign partnership or such partners as set forth in title XXVIII.
(A) The applicant.
CHAPTER 145 SB 644-FN - FINAL VERSION - Page 5 - (A) The applicant.
SB 644-FN - VERSION ADOPTED BY BOTH BODIES - Page 6 - (5) All persons set forth in subparagraph (b)(3) shall submit to the department, along with their criminal record release authorization form required in subparagraph (b)(4), a complete set of fingerprints taken by a qualified law enforcement agency or authorized employee of the department of safety.
(5) All persons set forth in subparagraph (b)(3) shall submit to the department, along with their criminal record release authorization form required in subparagraph (b)(4), a complete set of fingerprints taken by a qualified law enforcement agency or authorized employee of the department of safety.
Upon completion of the records check, the division of state police shall release copies of the criminal history records to the assistant director of the department of environmental services waste management division and the administrator of the department of environmental services, solid waste management bureau.
Upon completion of the records check, the division of state police shall release copies of the criminal history records to the assistant director of the department of environmental services waste management division and the administrator of the department of environmental services, solid waste management burThe.
The department shall maintain the confidentiality of all criminal history record information received pursuant to this section.
department shall maintain the confidentiality of all criminal history record information received pursuant to this section.
The department shall destroy all criminal history record information within 60 days after the department’s decision on the application or upon the conclusion of any appeal of the department’s decision, whichever is later.
The department shall destroy all criminal history record information within 60 days after CHAPTER 145 SB 644-FN - FINAL VERSION - Page 6 - the department’s decision on the application or upon the conclusion of any appeal of the department’s decision, whichever is later.
5 Denial of Application.
145:5 Denial of Application.
[(c) In the case of a corporation or business entity, if any of its officers, directors, partners, key employees or persons or business entities holding 10 percent or more of its equity or debt liability has been convicted of, or pled guilty or no contest to, a felony in any state or federal court during the 5 years before the date of the permit application.] 6 Applications;
[(c) In the case of a corporation or business entity, if any of its officers, directors, partners, key employees or persons or business entities holding 10 percent or more of its equity or debt liability has been convicted of, or pled guilty or no contest to, a felony in any state or federal court during the 5 years before the date of the permit application.] 145:6 Applications;
Whenever requested by the department, the attorney general shall conduct a background SB 644-FN - VERSION ADOPTED BY BOTH BODIES - Page 7 - investigation of the performance history and criminal record of the applicant and of its officers and directors, partners, and individuals or entities having managerial, supervisory, or substantial decision-making authority and responsibility for the management of operations or activities for which a permit is being sought, if any, and make a report to the department.
Whenever requested by the department, the attorney general shall conduct a background investigation of the performance history and criminal record of the applicant and of its officers and directors, partners, and individuals or entities having managerial, supervisory, or substantial decision-making authority and responsibility for the management of operations or activities for which a permit is being sought, if any, and make a report to the department.
The criminal background check shall consist of and follow the same procedures set forth in paragraph III.] The applicant shall also submit a statement that the proposed facility is consistent with the provisions of a district plan.
The criminal background check shall consist of and follow the same procedures set forth in paragraTheIII.] applicant shall also submit a statement that the proposed facility is consistent with the provisions of a district plan.
[The cost of any investigation under this paragraph shall be borne by the applicant.] 7 Disclosure of Ownership.
[The cost of any investigation under this paragraph shall be borne by the applicant.] 145:7 Disclosure of Ownership.
8 Effective Date.
CHAPTER 145 SB 644-FN - FINAL VERSION - Page 7 - 145:8 Effective Date.
LBA 26-2095 11/17/25 SB 644-FN- FISCAL NOTE AS INTRODUCED AN ACT requiring background checks for solid waste and hazardous waste facility owners.
Approved:
FISCAL IMPACT:
June 12, 2026 Effective Date:
The Legislative Budget Assistant has determined that this legislation has a total fiscal impact of less than $10,000 in each of the fiscal years 2026 through 2029.
August 11, 2026
AGENCIES CONTACTED:
Department of Environmental Services
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