Bill Text - SB61 (2023)

Relative to surface water setbacks for landfills.

Revision: June 20, 2023, 10:02 a.m.

June 20, 2023






Committee of Conference Report on SB 61, relative to surface water setbacks for landfills.



That the Senate recede from its position of nonconcurrence with the House amendment, and concur with the House amendment, and

That the Senate and House adopt the following new amendment to the bill as amended by the House, and pass the bill as so amended:


Amend the introductory paragraph of paragraph I as inserted by section 5 of the bill by replacing it with the following:


I.  The department of environmental services shall contract with one or more qualified consulting firm or individual to perform an assessment of the current perennial surface water protection and setback requirements that are applicable to the permitting of newly sited solid waste landfills in order to meet the requirements of sections 3 and 4 of this act.  Within 30 days of the effective date of this act, the department shall post on its website a draft request for proposals from such consulting firms and individuals to conduct the assessment.  The department shall include in the request for proposals provisions designed to prevent a situation, circumstance, or financial interest which has the reasonable potential to cause a prospective contractor's interest to interfere with the contractor's duties under the request for proposals and require disclosure in the response to the request for proposal submission by the consulting firm or individual.  The department shall accept public comment on the draft request for proposals for 30 days after such posting.  The department shall issue the final request for proposals by October 1, 2023, with a submission deadline for proposals no later than 45 days after such issuance.  The scope of the proposals shall include the following:


Amend paragraphs III and IV as inserted by section 6 of the bill by replacing them with the following:


III.  Subject to paragraph IV, if the department does not adopt rules in accordance with sections 3 and 4 of this act within 24 months of the effective date of this act, the department shall apply its current rules applicable to surface water protection in determining the required setback to any application for such a standard permit that is being held in abeyance when such 24-month period expires and approve it if it complies with the current rules.

IV.  If the department is unable to complete the adoption of rules as required under this section as a result of a natural disaster, civil emergency, epidemic or pandemic, or other extraordinary circumstance substantially interfering with the customary operation of the department or state government, the commissioner may file for a one-time waiver to extend the deadline under RSA 541-A:40, IV by up to 90 days.  During such one-time extension, the abeyance of approval of applications as provided in subparagraph I(b) of this section shall continue in effect.


The signatures below attest to the authenticity of this Report on SB 61, relative to surface water setbacks for landfills.


Conferees on the Part of the Senate Conferees on the Part of the House



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Sen. Avard, Dist. 12 Rep. Aron, Sull. 4



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Sen. Pearl, Dist. 17 Rep. Bixby, Straf. 13



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Sen. Watters, Dist. 4 Rep. M. Murray, Hills. 37




Rep. A. Davis, Coos 2