New Hampshire 2026 Session Status: Passed House Bipartisan · 4 D · 4 R cosponsors

HB 1189 — establishing a solid waste site evaluation committee.

Last action — Refer to Interim Study, MA, VV; 05/07/2026; SJ 11

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the House. Introduced December 01, 2025. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the Senate.

Odds of enactment

Moderate chance

Based on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 54% · moderate confidence

  • Passed House

    Current position in the legislative process.

  • 8 sponsors

    1 primary, 7 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (4 D · 4 R) — cross-party backing.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

establishing a solid waste site evaluation committee.

Bill Text

What changed in the latest version

470 added · 447 removed

Plain-language change summary

The amended version of Bill HB 1189 introduces new restrictions on who can serve on the committee overseeing solid waste management. It now stipulates that there can be no more than two committee members who have current or past ties to the private waste management industry, and it prohibits any members from being affiliated with existing or planned major waste disposal facilities. These changes aim to ensure that the committee's decisions are free from conflicts of interest, thereby enhancing environmental protection and public trust.

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Latest
HB 1189-FN - AS INTRODUCED SESSION 26-2520 08/09 HOUSE BILL 1189-FN AN ACT establishing a solid waste site evaluation committee.
HB 1189-FN - AS AMENDED BY THE HOUSE 11Mar2026...
0965h SESSION 26-2520 08/09 HOUSE BILL 1189-FN AN ACT establishing a solid waste site evaluation committee.
HB 1189-FN - AS INTRODUCED 26-2520 08/09 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT establishing a solid waste site evaluation committee.
HB 1189-FN - AS AMENDED BY THE HOUSE 11Mar2026...
0965h 26-2520 08/09 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT establishing a solid waste site evaluation committee.
Solid Waste Site Evaluation Committee 49-M:65 Declaration of Purpose.
Solid Waste Site Evaluation Committee 149-M:65 Declaration of Purpose.
“Commence construction” means any clearing of the land, excavation or other substantial action that would result in long-term impacts to the site of the proposed facility, but does not include HB 1189-FN - AS INTRODUCED - Page 2 - land surveying, optioning or acquiring land or rights in land, changes desirable for temporary use of the land for public recreational uses, necessary subsurface explorations to determine hydrogeologic and soil conditions, work required as part of an application to any federal, state, or local authority, or other preconstruction monitoring or testing to establish background information related to the suitability of the site for the proposed use.
“Commence construction” means any clearing of the land, excavation or other substantial action that would result in long-term impacts to the site of the proposed facility, but does not include HB 1189-FN - AS AMENDED BY THE HOUSE - Page 2 - land surveying, optioning or acquiring land or rights in land, changes desirable for temporary use of the land for public recreational uses, necessary subsurface explorations to determine hydrogeologic and soil conditions, work required as part of an application to any federal, state, or local authority, or other preconstruction monitoring or testing to establish background information related to the suitability of the site for the proposed use.
(d) Four members and, when required by RSA 149-M:68, an alternate member, appointed by the governor with the consent of the executive council, including a member who serves on a local conservation commission, a member who has expertise in the private waste management industry, a member with expertise in municipal planning and one with expertise or experience in one or more of the following areas:
(d) Four members and, when required by RSA 149-M:68, an alternate member, appointed by the governor with the consent of the executive council, including a member who serves on a local conservation commission, a member who has expertise in the private waste management industry, a member with expertise in municipal planning and one with expertise or experience in environmental protection, health, or science.
business management;
(e) At any given time, there shall not be more than 2 members of the committee with current or past employment, contract work, or consulting services in the private waste management industry.
environmental protection;
(f) No member of the committee may be an employee or contractor of an entity that owns or operates an existing or planned major solid waste disposal facility or an entity that has applied to own or operate a major solid waste disposal facility.
natural resource protection;
HB 1189-FN - AS AMENDED BY THE HOUSE - Page 3 - II.
solid waste disposal facility design, construction, operation, or management;
All members, including those who sit for a member recused under RSA 149-M:68, shall refrain from ex parte communications regarding any matter pending before the committee.
community-level recycling;
A majority of the members of the committee shall constitute a quorum for the purpose of conducting the committee’s business.
community and regional planning or economic development;
municipal or county government;
or the governing of unincorporated places.
II.
All members, including those who sit for a member recused under RSA 149-M:68, shall refrain from ex parte communications regarding any matter pending before the committee.A HB 1189-FN - AS INTRODUCED - Page 3 - majority of the members of the committee shall constitute a quorum for the purpose of conducting the committee’s business.
I.
HB 1189-FN - AS AMENDED BY THE HOUSE - Page 4 - I.
(a) Evaluate and issue any certificate under this chapter for a major solid waste HB 1189-FN - AS INTRODUCED - Page 4 - disposal facility.
(a) Evaluate and issue any certificate under this chapter for a major solid waste disposal facility.
(f) Execute, when appropriate and in the public interest, the general court stated preference that such new landfill capacity be developed in expansions of existing permitted landfills or brownfield sites instead of on greenfield sites.
(f) Execute the general court's stated preference that new landfill capacity shall be based on need and shall only be developed in accordance with RSA 149-M:65, IV.
Such certificates are not required for changes or additions to existing facilities unless they propose an increase in existing permitted annual throughput of greater than or equal to 50,000 tons per year.
Such certificates are not required for changes or additions to existing facilities unless they propose an increase in existing permitted annual HB 1189-FN - AS AMENDED BY THE HOUSE - Page 5 - throughput of greater than or equal to 50,000 tons per year.
Such a certificate shall not be HB 1189-FN - AS INTRODUCED - Page 5 - transferred or assigned without approval of the committee.
Such a certificate shall not be transferred or assigned without approval of the committee.
The committee shall not consider technical questions already considered by other state or federal agencies, nor include terms or conditions in a certificate that have already been reviewed and decided upon by other state or federal agency regulatory reviews.
The committee need not assess technical questions already considered by other states or federal agencies, but shall take into account the conclusions of these analyses, including permit terms and conditions, in its approval or denial of the certificate.
The committee may also take into account independent analyses in its process of approval or denial of the certificate.
(e) Describe in reasonable detail the impact of each major part of the proposed facility on existing local, regional, and state land uses.
HB 1189-FN - AS AMENDED BY THE HOUSE - Page 6 - (e) Describe in reasonable detail the impact of each major part of the proposed facility on existing local, regional, and state land uses.
HB 1189-FN - AS INTRODUCED - Page 6 - (f) Document that written notification of the proposed project, including appropriate copies of the application, has been given to the appropriate governing body of each affected municipality, as defined in RSA 149-M:66, III.
(f) Document that written notification of the proposed project, including appropriate copies of the application, has been given to the appropriate governing body of each affected municipality, as defined in RSA 149-M:66, III.
(j) Provide a reasonable amount of information relative to the economic impacts of the proposed facility on affected municipalities, the region, and the state.
(j) Provide a reasonable amount of information relative to the potential economic harms of the proposed project on the local area, affected municipalities, the region, the state, and potential infrastructure deterioration.
(k) Potential economic benefits to the local area and potential infrastructure improvements associated with the proposed project.
(k) Provide a reasonable amount of information relative to the potential economic benefits of the proposed project on the local area, affected municipalities, the region, the state, and potential infrastructure improvements.
VII.
HB 1189-FN - AS AMENDED BY THE HOUSE - Page 7 - VII.
HB 1189-FN - AS INTRODUCED - Page 7 - VIII.
VIII.
The committee may deny a certificate based upon the criteria in RSA 149-M:9, IX.
The committee may deny a certificate based upon the department's findings in relation to RSA 149-M:11, III.
The committee may deny a certificate based upon the criteria in RSA 149-M:9, IX.
XV.
VII.
HB 1189-FN - AS AMENDED BY THE HOUSE - Page 8 - VII.
A person filing with the committee an application for a certificate for a major solid waste disposal facility shall pay to the committee at the time of filing a fee determined in accordance with HB 1189-FN - AS INTRODUCED - Page 8 - the fee schedule described in paragraph II.
A person filing with the committee an application for a certificate for a major solid waste disposal facility shall pay to the committee at the time of filing a fee determined in accordance with the fee schedule described in paragraph II.
Upon receipt of such an application, the attorney general shall appoint an assistant attorney general as counsel for the public in connection with the committee’s consideration of the application.
Upon receipt of such an application, the attorney general shall appoint an assistant attorney general as counsel for the public in connection with the HB 1189-FN - AS AMENDED BY THE HOUSE - Page 9 - committee’s consideration of the application.
At least 30 days prior to filing an application for a certificate, an applicant shall hold at least one public information session in the affected municipality where the proposed facility is to be HB 1189-FN - AS INTRODUCED - Page 9 - located.
Notice of any project for which an application for a certificate has been submitted shall be issued pursuant to RSA 36:56, III.
This session may be held concurrently with a public session held as a requirement of any other state permit or approval.
The committee may order the applicant to provide such additional public information sessions in affected municipalities as are reasonable to inform the public of the proposed project.
At least 30 days prior to filing an application for a certificate, an applicant shall hold at least one public information session in the affected municipality where the proposed facility is to be located.
This session may be held concurrently with a public session held as a requirement of any other state permit or approval.
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Within 90 days after acceptance of an application for a certificate, the committee shall hold at least one public information session in each municipality where the proposed facility is proposed to be located.
The committee may order the applicant to provide such additional public information sessions in affected municipalities as are reasonable to inform the public of the proposed project.
Within 90 days after acceptance of an application for a certificate, the committee shall hold at least one public information session in each municipality where the proposed facility is proposed to be located.
V.
V.
The committee shall adopt rules regarding the timing and method of notices for public information sessions and public hearings, and any other requirements regarding such sessions and hearings.
The committee shall adopt rules regarding the timing and method of notices for public information sessions and public hearings, and any other requirements regarding such sessions and hearings.
VII.
VII.
The solid waste evaluation committee shall require from the applicant whatever information it deems necessary to assist in the conduct of the hearings, and any investigation or studies it may undertake, and in the determination of the terms and conditions of any certificate under consideration.
The solid waste evaluation committee shall require from the applicant whatever information it deems necessary to assist in the conduct of the hearings, and any investigation or studies it may undertake, and in the determination of the terms and conditions of any certificate under consideration.
HB 1189-FN - AS AMENDED BY THE HOUSE - Page 10 - IX.
IX.
X.
HB 1189-FN - AS INTRODUCED - Page 10 - I.
I.
III.
HB 1189-FN - AS AMENDED BY THE HOUSE - Page 11 - III.
HB 1189-FN - AS INTRODUCED - Page 11 - VI.
VI.
II.
HB 1189-FN - AS AMENDED BY THE HOUSE - Page 12 - II.
HB 1189-FN - AS INTRODUCED - Page 12 - (d) The net public benefit of the facility to the region shall outweigh any adverse impact of the facility on human health, aesthetics, historic preservation, economic impacts to the region, tourism, outdoor recreation, regional and statewide business development, wildlife, noise, odor, traffic impacts, existing land uses, including property values, characteristics and source of waste, and any other impacts assessed as part of the application pursuant to RSA 149-M:72, III.
(d) The public benefit of the facility to the region shall outweigh any adverse impact of the facility on human health, aesthetics, historic preservation, economic impacts to the region, tourism, outdoor recreation, regional and statewide business development, wildlife, noise, odor, traffic and transportation impacts, existing land uses, including property values, characteristics and source of waste, and any other impacts assessed as part of the application pursuant to RSA 149- M:72, III.
(e) Issuance of a certificate will serve the public interest of the citizens of NewHampshire.
(e) Issuance of a certificate will serve the public interest of the citizens of New Hampshire.
Such order shall summarize and address issues of concern expressed during public information sessions and hearings to ensure that the public’s voice has been heard and recorded.
Such order shall summarize and address issues of concern expressed during public information sessions and hearings to ensure that the public's voice has been heard and recorded.
II.
HB 1189-FN - AS AMENDED BY THE HOUSE - Page 13 - II.
Notwithstanding any other provision of law, the committee may engage the department for additional technical, legal, or administrative support to fulfill the requirements of HB 1189-FN - AS INTRODUCED - Page 13 - this chapter, the cost of which shall be charged directly to the applicant or major solid waste disposal facility owner.
Notwithstanding any other provision of law, the committee may engage the department for additional technical, legal, or administrative support to fulfill the requirements of this chapter, the cost of which shall be charged directly to the applicant or major solid waste disposal facility owner.
V.
HB 1189-FN - AS AMENDED BY THE HOUSE - Page 14 - V.
LBA 26-2520 10/28/25 HB 1189-FN- FISCAL NOTE AS INTRODUCED AN ACT establishing a solid waste site evaluation committee.
LBA 26-2520 3/27/26 HB 1189-FN- FISCAL NOTE AS AMENDED BY THE HOUSE (AMENDMENT # 2026-0965h) AN ACT establishing a solid waste site evaluation committee.
Estimated State Impact FY 2026 FY 2027 FY 2028 FY 2029 $10,000 to $10,000 to Revenue $0 $0 $150,000 $150,000 Revenue Fund(s) Solid Waste Evaluation Committee Fund Indeterminable Indeterminable Expenditures* $0 $0 Increase $10,000 Increase $10,000 to $150,000 to $150,000 Funding Source(s) Solid Waste Evaluation Committee Fund Appropriations* $0 $0 $0 $0 Funding Source(s) None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill METHODOLOGY:
Estimated State Impact FY 2026 FY 2027 FY 2028 FY 2029 Revenue $0 $0 $10,000 to $10,000 to $150,000 $150,000 Revenue Fund(s) Solid Waste Evaluation Committee Fund Indeterminable Indeterminable Expenditures* $0 $0 Increase $10,000 Increase $10,000 to $150,000 to $150,000 Funding Source(s) Solid Waste Evaluation Committee 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 2026 FY 2027 FY 2028 FY 2029 County Revenue $0 $0 $0 $0 County Expenditures $0 $0 Indeterminable Local Revenue $0 $0 $0 $0 Local Expenditures $0 $0 Indeterminable METHODOLOGY:
This bill establishes a Solid Waste Site Evaluation Committee (SWSEC) to review applications for major solid waste disposal facilities, requires the Department of Environmental Services (DES) to provide administrative support, and creates a non-lapsing Solid Waste Evaluation Committee Fund to receive certificate application fees.
This bill establishes a Solid Waste Site Evaluation Committee (SWSEC) to review applications for major solid waste disposal facilities, requires the Department of Environmental Services (DES) to provide administrative, technical, and enforcement support, creates a non-lapsing, continually appropriated, Solid Waste Evaluation Committee Fund, and establishes application and filing fees to support committee operationThe bill also suspends approvals for new capacity for major solid waste disposal facilities until rules are adopted or July 1, 2027, whichever is later.
The bill also suspends approvals for new capacity for major solid waste disposal facilities until SWSEC rules are adopted or July 1, 2027, whichever is later.
The Department of Environmental Services states this bill establishes a Solid Waste Site Evaluation Committee and requires the Department to assist the committee with administrative, rulemaking, technical review, and enforcement responsibilitieThe bill establishes a schedule of application and filing fees, with revenues deposited into the Solid Waste Evaluation Committee Fund.
The Department of Environmental Services states this bill establishes a Solid Waste Site Evaluation Committee and requires the Department to assist the committee with administrative, rulemaking, and enforcement responsibilities.
The Department estimates revenue from application fees will likely range between $10,000 and $150,000 per application beginning in FY 2028, with similar amounts possible in subsequent fiscal years depending on the number and size of projects reviewed.
The bill also creates a Solid Waste Evaluation Committee Fund to receive application fees for certificates issued by the committee.
The Department further states that all costs associated with committee proceedings, including administrative support, technical review, legal support, and member compensation, would be funded through application fees deposited into the Solid Waste Evaluation Committee Fund or assessed directly to applicants.
The Department estimates revenue from certificate application fees will likely range between $10,000 and $150,000 per application beginning in FY 2028, with similar amounts possible in subsequent fiscal years depending on the number and size of projects reviewed.
As a result, total expenditures are indeterminable, but are expected to be fully supported by fee revenue and applicant-funded costs.
All fee revenue would be deposited into the newly established dedicated fund and used to support the committee’s activities.
Additionally, this bill does not provide new funding or position authorization for DES to fulfill its responsibilities.
The Department indicates there will be no fiscal impact to counties or municipalities because the definition of “major solid waste disposal facility” excludes facilities designed to manage food waste and facilities proposed by municipalities.
The Department states it will redirect existing staff resources to support the committee, which may reduce capacity for other permitting or oversight activities within the Waste Management Division.
The bill does not provide new funding or position authorization for DES to fulfill its responsibilities.
The Department indicates there will be no direct fiscal impact to counties or municipalities because the definition of “major solid waste disposal facility” excludes municipally proposed facilities;
As a result, the Department will redirect existing staff resources to support the SWSEC, which may reduce capacity for other permitting or oversight activities within the Waste Management Division.
however, the temporary suspension of permitting may reduce available disposal capacity in future years, including within FY 2028 and FY 2029, which could result in indeterminable increases in waste transportation and disposal costs to State, Counties, and municipalities.
Additionally, the Solid Waste Site Evaluation Committee would incur expenses for member compensation, reimbursements, administrative support, and operational costs.
Lastly, it is assumed that the terms “solid waste site evaluation” and “solid waste evaluation” are used interchangeably throughout the bill.
These expenses would be paid from the Solid Waste Evaluation Committee Fund established in the bill.
All money in the fund is continually appropriated to the committee for its operations.
The total expenditures are indeterminable but would not exceed what the fund brings in.
It is assumed that the terms “solid waste site evaluation” and “solid waste evaluation” are used interchangeably throughout the bill.
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Action History

  1. Refer to Interim Study, MA, VV; 05/07/2026; SJ 11

  2. Committee Report: Referred to Interim Study, 05/07/2026, Vote 3-2; SC 17

  3. Hearing: 04/16/2026, Room 103, SH, 01:00 pm; SC 14

  4. Introduced 03/12/2026 and Referred to Energy and Natural Resources; SJ 7

  5. Ought to Pass with Amendment 2026-0965h: MA VV 03/11/2026 HJ 7 P. 25

  6. Amendment # 2026-0965h: AA VV 03/11/2026 HJ 7 P. 25

  7. Committee Report: Ought to Pass with Amendment # 2026-0965h 03/03/2026 (Vote 12-0; CC) HC 10 P. 16

  8. Executive Session: 03/03/2026 10:15 am GP 153

  9. Full Committee Work Session: 03/03/2026 10:15 am GP 153

  10. Public Hearing: 02/24/2026 02:00 pm GP 153

  11. Introduced 01/07/2026 and referred to Environment and Agriculture HJ 1 P. 9

Sponsors

Sponsorship breakdown

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1 sponsors · 7 co-sponsors · 407 not signed on

Sponsors (1)

Co-sponsors (7)

Not signed on (407)

407 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does HB 1189 do?
establishing a solid waste site evaluation committee.
Who sponsors HB 1189?
HB 1189 is sponsored by David Rochefort (Republican), Jared Sullivan (Democrat), Nicholas Germana (Democrat), Kelley Potenza (Republican), Judy Aron (Republican), Peter Bixby (Democrat), Liz Barbour (Republican), and James Gruber (Democrat).
What is the current status of HB 1189?
This bill has passed the House. Introduced December 01, 2025. It now moves to the second chamber.
Where can I track HB 1189?
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