HB 1622 — requiring the state to develop additional solid waste disposal capacity.

HB 1622-FN - AS INTRODUCEDAMENDED SESSIONBY 26-2561THE 08/09 HOUSE BILL19Feb2026... 1622-FN AN ACT requiring the state to develop additional solid waste disposal capacity.

0629h SESSION 26-2561 08/09 HOUSE BILL 1622-FN AN ACT relative to the state's solid waste disposal capacity.

Environment and Agriculture ───────────────────────────────────────────────────────────────── AMENDED ANALYSIS This bill requiresdirects the department of environmental services to compilegive anfirst inventorypreference of all existing landfills, closed and functioning, and to determineapplications the acreage available at each for additional landfill capacity.

This bill also prohibits the department from accepting any application for a new landfill unless the applicant can demonstrate that the land at any existing landfill is not suitable.

HB 1622-FN - AS INTRODUCEDAMENDED 26-2561BY 08/09THE STATEHOUSE OF19Feb2026... NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT requiring the state to develop additional solid waste disposal capacity.

0629h 26-2561 08/09 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT relative to the state's solid waste disposal capacity.

1 NewStatement Paragraph;of Purpose.

SolidThe Wastegeneral Disposalcourt Capacity.hereby finds that:

AmendI. RSA 149-M:9 by inserting after paragraph XV the following new paragraph:

XVI.(a)New Thelandfill departmentcapacity shallshould compilebe adeveloped listin expansions of all existing landfillspermitted in operation, all closed landfills notinstead in need of remediation,on andgreenfield allsites. closed landfills that are in need of remediation.

ForII. each entry, the department shall determine the acreage of land available for additional landfill capacity at the site and shall consider all current regulations, including but not limited to setbacks to airports, water bodies, and homes.

(b)Existing Thesites departmenthave shallalready notbeen acceptcarefully anystudied applicationbefore forbeing sitingpermitted aand newhave landfillbeen infound asuitable greenfieldfor unlesslandfilling by the applicantdepartment can demonstrate that none of theenvironmental landservices. cataloged in subparagraph (a) is suitable.

2III. Effective Date.

The department of environmental services typically has decades of familiarity with conditions at such sites and the expansion of an existing use is generally consistent with the overall objectives of land use controls.

2 New Subparagraph;

Solid Waste Management;

Public Benefit Requirement.

Amend RSA 149- M:11, V by inserting after subparagraph (d) the following new subparagraphs:

(e) For an applicant seeking to expand an existing and fully permitted RCRA Subtitle D landfill, the department shall find that the expansion shall 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 one-half of those years.

(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 shall 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 one-half of those years.

However, the department shall not allow the new landfill to begin accepting waste until the first year in which a shortfall is expected to exist.

3 Directive;

Department of Environmental Services.

I.

In its consideration of applications for additional landfill capacity in the state, the department of environmental services shall give first preference to expansions, where appropriate, in accordance with existing statutes and rules and consistent with any existing municipal agreements.

II.

Second preference shall be given to development of brownfield sites, where appropriate, in accordance with existing statutes and rules and consistent with any existing municipal agreements.

If a greenfield application is received, and there are no pending applications for an expansion or brownfield development, the department may process the greenfield application after the developer reviews and explains the choice of a greenfield site with reference to the list of sites developed by the department.

III.

Using existing data, the department shall compile a list of all existing landfills in operation and all known closed landfills.

The department shall use the tools at its disposal to HB 1622-FN - AS AMENDED BY THE HOUSE - Page 2 - determine, to the best of its ability, which sites would be unsuitable for future development because they are too close to schools, homes, airports, surface waterbodies, or other features to align with department setback regulations.

A final list, excluding the sites deemed unsuitable for development, shall be made public.

IV.

For its biennial solid waste reports, in addition to existing capacity at currently operating landfills in the state, the department shall report on potential future capacity for these operations in the event of future expansion.

4 Effective Date.

LBA 26-2561 12/8/2503/03/2026 HB 1622-FN- FISCAL NOTE AS INTRODUCEDAMENDED BY THE HOUSE (AMENDMENT #2026-0629h) AN ACT requiring the state to develop additional solid waste disposal capacity.

ThisThe Office of Legislative Budget Assistant states this bill doeshas notno providefiscal funding,impact noron doesstate, itcounty authorizeand newlocal positions.expenditures or revenue.

Estimated State Impact FY 2026 FY 2027 FY 2028 FY 2029 Revenue $0 $0 $0 $0 Revenue Fund(s) None Expenditures* $0 $4,220,000 $4,256,000 $4,268,000 Funding Source(s) Solid Waste Management Fund Appropriations* $0 $0 $0 $0 Funding Source(s) None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill METHODOLOGY:

This bill requires the Department of Environmental Services to compile a comprehensive inventory of all existing landfills in the state, including operating landfills, closed landfills not in need of remediation, and closed landfills that may require remediation.

For each site, DES must determine acreage available for additional landfill capacity and evaluate suitability under current DES regulatory requirements.