HB1422 (2020) Detail

Establishing a moratorium on the issuance of permits for new landfills or the expansion of existing landfills for the purpose of studying the creating of municipal waste districts.


HB 1422-FN - AS INTRODUCED

 

 

2020 SESSION

20-2284

08/03

 

HOUSE BILL 1422-FN

 

AN ACT establishing a moratorium on the issuance of permits for new landfills or the expansion of existing landfills for the purpose of studying the creating of municipal waste districts.

 

SPONSORS: Rep. French, Graf. 14; Rep. Merner, Coos 7; Rep. Balch, Hills. 38; Rep. Eisner, Rock. 6; Rep. Murphy, Hills. 21; Rep. W. Thomas, Hills. 21; Rep. M. Pearson, Rock. 34; Rep. Craig, Coos 4; Rep. Coursin, Rock. 1; Rep. Josephson, Graf. 11

 

COMMITTEE: Environment and Agriculture

 

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ANALYSIS

 

This bill establishes a 2 year moratorium on the issuance of permits for new landfills or the expansion of existing landfills for the purpose of studying the creating of municipal waste districts.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2284

08/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT establishing a moratorium on the issuance of permits for new landfills or the expansion of existing landfills for the purpose of studying the creating of municipal waste districts.

 

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

 

1  New Section; Moratorium; Study by the Department of Environmental Services.  Amend RSA 149-M by inserting after section 9 the following new section:

149-M:9-a  Moratorium; Study by the Department of Environmental Services.  The department shall not issue any permit to construct, operate, or expand a private facility in New Hampshire under RSA 149-M:9 after July 1, 2020.  The department of environmental services shall complete a study to evaluate the feasibility of creating municipal waste districts throughout the state and to continue to identify best practices related to solid waste reduction goals outlined in RSA 149-M:2 and RSA 149-M:3.  The department of environmental services shall supply to the governor, executive council, general court, and, upon request, members of the public, the findings of such study.

2  Repeal.  RSA 149-M:9-a, relative to a moratorium on the issuance of permits for new private landfills in New Hampshire, is repealed.

3  Effective Date.  

I.  Section 2 of this act shall take effect July 1, 2022.

II.  The remainder of this act shall take effect July 1, 2020.

 

LBAO

20-2284

11/13/19

 

HB 1422-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT establishing a moratorium on the issuance of permits for new landfills or the expansion of existing landfills for the purpose of studying the creating of municipal waste districts.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [ X ] Local              [    ] None

 

 

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

METHODOLOGY:

This bill establishes a two year moratorium on the issuance of permits for new landfills or expansion of existing landfills in order to study creating municipal waste districts.  The Department of Environmental Services assumes the bill would prohibit it from issuing permits for the construction, operation, or expansion of any privately owned and operated landfill in  from July 1, 2020 until July 1, 2022.  Since the Department regulates all landfills via a permit system, all facilities must frequently apply for and receive permits and permit modifications for various construction and operational activities.  The Department assumes the prohibition would apply to all permits and result in the temporary closure and cessation of activities at two privately owned and operated municipal solid waste landfills.  These two landfills receive approximately 65% of state generated waste and their closure would result in additional state, county and local expenditures for transportation and disposal as waste would have to be trucked  to out-of-state landfills.  The Department assumes, in some cases, waste generators may have to contract with disposal facilities outside of New England, or even the northeast region.  The Department also assumes temporary closure of those facilities would increase the workload for program staff to assist local, county, and state governments, the business community, and private citizens in locating adequate waste management services.  Due to many variables, the Department is unable to the calculate complete costs or impacts.  In addition to higher solid waste transportation and disposal costs, two municipalities that serve as host communities for the two private landfills would likely receive less revenue since these communities receive payments from the landfill company, in part based upon waste receipts at the facilities.

 

The bill also requires the Department to complete a study to evaluate the feasibility of creating municipal waste districts throughout the state and to continue to identify best practices related to solid waste reduction goals, and to report on its findings.  The Department assumes it would need an additional staff member to conduct this work at an estimated annual cost of between $86,000 and $99,000 for salaries and benefits.

 

AGENCIES CONTACTED:

Department of Environmental Services

 

Links

HB1422 at GenCourtMobile
HB1422 Discussion

Action Dates

Date Body Type
Feb. 27, 2020 House Hearing
March 3, 2020 House Exec Session

Bill Text Revisions

HB1422 Revision: 7047 Date: Dec. 3, 2019, 8:57 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Environment and Agriculture HJ 1 P. 21
Feb. 27, 2020 Public Hearing: 02/27/2020 01:00 pm LOB 303
March 3, 2020 Executive Session: 03/03/2020 10:00 am LOB 303
March 11, 2020 Majority Committee Report: Refer for Interim Study for 03/11/2020 (Vote 15-5; RC) HC 10 P. 54
Majority Committee Report: Refer for Interim Study (Vote 15-5; RC)
Minority Committee Report: Ought to Pass with Amendment # 2020-0958h
March 12, 2020 Refer for Interim Study: MA RC 260-56 03/12/2020