HB 1454-FN - FINAL VERSION
16Mar2022... 0894h
05/05/2022 1938s
26May2022... 2109EBA
2022 SESSION
22-2237
08/11
HOUSE BILL 1454-FN
AN ACT relative to permits for the siting of new landfills.
SPONSORS: Rep. Tucker, Coos 5; Rep. Thompson, Coos 1; Rep. Massimilla, Graf. 1; Rep. Egan, Graf. 2; Rep. Hatch, Coos 6; Rep. Merner, Coos 7; Rep. Laflamme, Coos 3; Rep. Myler, Merr. 10; Rep. Deshaies, Carr. 6; Sen. Hennessey, Dist 1; Sen. Sherman, Dist 24
COMMITTEE: Environment and Agriculture
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AMENDED ANALYSIS
This bill establishes a formula for determining the distance for which a new landfill shall be located from a perennial river, lake, or coastal water.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
16Mar2022... 0894h
05/05/2022 1938s
26May2022... 2109EBA 22-2237
08/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to permits for the siting of new landfills.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Purpose. The protection of perennial rivers, lakes, and coastal waters from contamination is in the public interest of the state of New Hampshire. Therefore, the setback from a proposed landfill to such a water body should be sufficient to prevent groundwater contaminated by a leak, spill, or other failure from reaching the waterbody before remedial action can be implemented. A period of 5 years should be sufficient to detect and map a failure, assess appropriate remediation, meet engineering and regulatory requirements, and initiate the remedy.
2 New Paragraph; Landfill Permits; Groundwater Protection. Amend RSA 149-M:9 by inserting after paragraph XV the following new paragraph:
XVI.(a) The department shall establish a site-specific setback distance for any proposed new landfill from any perennial river, lake, or coastal water of New Hampshire, as defined in RSA 483-B:4, XVI. The setback distance shall be sufficient to prevent any contaminated groundwater at any part of the actual solid waste disposal area from reaching any perennial river, lake, or coastal water of New Hampshire within 5 years. The setback distance shall be calculated as follows:
(1) The applicant shall hire an independent hydrogeologist at the applicant's expense, to estimate based upon adequate and representative on-site field testing, the seepage velocity of groundwater in both surficial geological deposits and in bedrock. The maximum seepage velocity shall be the highest rate estimated for any test site in the disposal area.
(2) The 5-year distance-of-travel estimate shall be calculated by multiplying the maximum seepage velocity, in units of feet per year, by 5 years.
(3) The setback from any perennial river, lake, or coastal water of New Hampshire shall be the greater of the 5-year distance-of-travel estimate calculated in subparagraph (2) or 200 feet.
(b) No permit shall be issued by any division of the department for siting a new landfill that fails to conform with the setback distance as calculated using the method set forth in subparagraph (a).
(c) Nothing in this paragraph shall be construed to prohibit the expansion of any landfills that are in operation at the time this paragraph takes effect.
(d) The department may adopt rules under RSA 541-A to allow for the use of project improvement allowances that may enable a project to meet the minimum 5-year setback, even if it is located less than the 5-year distance-of-travel estimate from a surface water body. One or more allowances, of one additional year each, may be added to the calculated travel time, based on specific additional control technology, monitoring programs, or funding guarantees that the department believes may increase the effective safety of the project. In no case, however, shall any one project receive more than 3 additional years added to its calculated travel time.
3 Effective Date. This act shall take effect upon its passage.
VETOED June 24, 2022
SUSTAINED September 15, 2022
22-2237
Amended 4/5/22
HB 1454-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2022-0894h)
AN ACT relative to permits for the siting of new landfills.
FISCAL IMPACT: [ ] State [ ] County [ X ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
LOCAL: | FY 2022 | FY 2023 | FY 2024 | FY 2025 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ ] General [ ] Education [ ] Highway [ ] Other | |||
METHODOLOGY:
This bill would require new landfills to be sited a certain minimum distance from any perennial river, lake, or coast water of New Hampshire. To the extent a municipality seeks to site a new landfill, it may experience limited costs relative to the requirements of this bill.
AGENCIES CONTACTED:
Department of Environmental Services
| Date | Body | Type |
|---|---|---|
| Jan. 18, 2022 | House | Hearing |
| House | Floor Vote | |
| April 5, 2022 | Senate | Hearing |
| April 21, 2022 | Senate | Floor Vote |
| April 21, 2022 | Senate | Floor Vote |
| May 5, 2022 | Senate | Floor Vote |
| May 5, 2022 | Senate | Floor Vote |
Sept. 15, 2022: Notwithstanding the Governor's Veto, Shall HB 1454 Become Law: RC 11Y-12N, Veto Sustained, lacking the necessary two-thirds vote; 09/15/2022; SJ 14
Sept. 15, 2022: Veto Overridden 09/15/2022: RC 256-65 by Required Two-Thirds Vote HJ 15
June 29, 2022: Vetoed by Governor Sununu 06/24/2022 HJ 14
June 15, 2022: Enrolled (in recess of) 05/26/2022 HJ 14
June 15, 2022: Enrolled Adopted, VV, (In recess 05/26/2022); SJ 13
June 14, 2022: Enrolled Bill Amendment # 2022-2109e: AA VV (in recess of) 05/26/2022 HJ 14
June 10, 2022: Enrolled Bill Amendment # 2022-2109e Adopted, VV, (In recess of 05/26/2022); SJ 13
May 13, 2022: House Concurs with Senate Amendment (Rep. Pearl): MA VV 05/12/2022 HJ 13
May 5, 2022: Ought to Pass with Amendment 2022-1938s, RC 16Y-8N, MA; OT3rdg; 05/05/2022; SJ 11
May 5, 2022: Sen. Avard Moved Laid on Table, RC 3Y-21N, MF; 05/05/2022; SJ 11
May 5, 2022: Sen. Hennessey Floor Amendment # 2022-1938s, RC 14Y-10N, AA; 05/05/2022; SJ 11
May 5, 2022: Sen. Bradley Moved Ought to Pass; 05/05/2022; SJ 11
May 5, 2022: Inexpedient to Legislate, MF, VV; 05/05/2022; SJ 11
May 5, 2022: Special Order to the beginning of Regular Calendar, Without Objection, MA; 05/05/2022; SJ 11
April 26, 2022: Committee Report: Inexpedient to Legislate, 05/05/2022; SC 18
April 21, 2022: Special Order to 05/05/2022, Without Objection, MA; 04/21/2022 SJ 9
April 14, 2022: Committee Report: Inexpedient to Legislate, 04/21/2022; SC 16
March 31, 2022: Hearing: 04/05/2022, Room 103, SH, 09:00 am; SC 14
March 22, 2022: Introduced 03/17/2022 and Referred to Energy and Natural Resources; SJ 6
March 20, 2022: Ought to Pass with Amendment 2022-0894h: MA VV 03/16/2022 HJ 7
March 20, 2022: Amendment # 2022-0894h: AA VV 03/16/2022 HJ 7
March 7, 2022: Minority Committee Report: Inexpedient to Legislate
March 7, 2022: Majority Committee Report: Ought to Pass with Amendment # 2022-0894h (Vote 10-9; RC)
Feb. 22, 2022: Full Committee Work Session: 03/01/2022 11:00 am LOB305-307
Feb. 22, 2022: Subcommittee Work Session: 03/01/2022 10:30 am LOB305-307
Feb. 19, 2022: Subcommittee Work Session: 02/22/2022 10:30 am LOB305-307
Jan. 28, 2022: Full Committee Work Session: 02/01/2022 10:00 am LOB 301-303
Jan. 18, 2022: Public Hearing: 01/18/2022 1:00 p.m. LOB301-303
Dec. 1, 2021: Introduced 01/05/2022 and referred to Environment and Agriculture