Bill Details - HB358 (2019)










AN ACT relative to combustion of wood residue at municipal waste combustors.


SPONSORS: Rep. Luneau, Merr. 10; Rep. Myler, Merr. 10; Rep. Backus, Hills. 19


COMMITTEE: Science, Technology and Energy






This bill removes the exemption for municipal waste combustors from the combustion ban.


This bill also removes the combustion of bio-oil or biosynthetic gas from the combustion ban.


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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.






In the Year of Our Lord Two Thousand Nineteen


AN ACT relative to combustion of wood residue at municipal waste combustors.


Be it Enacted by the Senate and House of Representatives in General Court convened:


1  Combustion Ban.  Amend RSA 125-C:10-c, II is repealed and reenacted to read as follows:

II.  This section shall not apply to:

(a)  The incidental combustion of such materials either by any municipal waste incinerator or a municipal waste combustor with a design capacity of less than 250 tons per day of municipal solid waste, that has been permitted by the department and was in operation on January 1, 2006; or

(b)  The incidental combustion, under the supervision of a solid waste facility operator of untreated wood at any municipal transfer station subject to regulation under RSA 149-M.

2  Powers and Duties of the Commissioner; Cross Reference Removed.  Amend RSA 125-C:6, XIV-a to read as follows:

XIV-a.  Establishing fuel quality standards and testing requirements for biomass other than round wood and wood chips derived from round wood or waste wood such as limbs, branches, brush, slash, bark, stumps, sawdust, saw mill trimmings, clean pallets, and untreated wood scraps from furniture and other manufacture and eligible biomass fuel related to the combustion of such materials at stationary sources[, and clean processed wood residue for use in accordance with RSA 125-C:10-c, II(b)].  The commissioner may establish such standards as necessary to maintain statewide compliance with Clean Air Act standards and RSA 125-I.

3  Permit Required; Cross Reference Removed.  Amend RSA 149-M:9, XIV to read as follows:

XIV.  The department shall not certify as a waste-derived product the wood component of construction and demolition debris, or any mixture of or derivation therefrom, to be combusted in any manner, except[ :

(a)]  methane gas collected from the decomposition of waste at a facility authorized pursuant to this chapter as a landfill for the disposal of solid waste may be certified as a waste-derived product for distribution and use as a fuel, provided that it meets market fuel standards[;

(b)  As allowed under RSA 125-C:10-c, II(d)].

4  Effective Date.  This act shall take effect 60 days after its passage.


Date Status
Jan. 2, 2019 Introduced 01/02/2019 and referred to Science, Technology and Energy HJ 2 P. 46
Feb. 7, 2019 Public Hearing: 02/07/2019 10:00 am LOB 210-211
March 6, 2019 Executive Session: 03/06/2019 10:30 am LOB 304
Majority Committee Report: Ought to Pass (Vote 11-9; RC)
March 19, 2019 Majority Committee Report: Ought to Pass for 03/19/2019 (Vote 11-9; RC) HC 16 P. 32
Minority Committee Report: Inexpedient to Legislate

Action Dates

Date Body Type
Feb. 7, 2019 House Hearing
March 6, 2019 House Exec Session
House Floor Vote
March 19, 2019 House Floor Vote

Bill Text Revisions

HB358 Revision: 4567 Date: Dec. 31, 2018, 1:05 p.m.