SB 122 – AS INTRODUCED
2005 SESSION
08/09
SENATE BILL 122
COMMITTEE: Environment and Wildlife
This bill makes certain changes to the procedure for approval of solid waste facilities.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-1020
08/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to the procedure for approval of solid waste facilities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Rulemaking; Public Benefit Determination. Amend RSA 149-M:7 by inserting after paragraph I the following new paragraph:
I-a. Criteria and procedures for solid waste management planning through public benefit determinations under RSA 149-M:11 and any other means reasonably necessary to ensure adequate disposal capacity for the state’s solid waste.
2 Solid Waste Permits. Amend RSA 149-M:9, VII to read as follows:
VII. The issuance of a facility permit by the department shall not affect any obligation to obtain local approvals required under [all] applicable, lawful local ordinances, codes, and regulations not inconsistent with this chapter or the terms of any such facility permit. [Local land use regulation of facility location shall be presumed lawful if administered in good faith, but such presumption shall not be conclusive.]
3 Public Benefit Requirement. Amend RSA 149-M:11, I(c) to read as follows:
(c) Facilities [necessary] must be located to meet state solid waste capacity needs and must be designed and operated in a manner which will protect the public health and the state’s natural environment.
4 Effective Date. This act shall take effect 60 days after its passage.