Revision: March 28, 2024, 12:20 p.m.
HB 1221 - AS AMENDED BY THE HOUSE
28Mar2024... 1027h
2024 SESSION
24-2546
08/10
HOUSE BILL 1221
AN ACT relative to including solid waste landfills in the definition of development of regional impact.
SPONSORS: Rep. Grassie, Straf. 8; Rep. Germana, Ches. 1; Rep. Grote, Rock. 24; Rep. Muns, Rock. 29; Rep. Rung, Hills. 12; Rep. Bixby, Straf. 13; Rep. N. Murphy, Hills. 12; Sen. Watters, Dist 4
COMMITTEE: Environment and Agriculture
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ANALYSIS
This bill includes solid waste landfills in the definition of development of regional impact, for review by local land use boards.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
28Mar2024... 1027h 24-2546
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to including solid waste landfills in the definition of development of regional impact.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Development of Regional Impact; Definition. Amend RSA 36:55, VI to read as follows:
VI.(a) Shared facilities such as schools and solid waste disposal facilities; and
(b) Solid waste disposal facilities includes a solid waste landfill requiring a department of environmental service permit under the department of environmental services administrative rules contained in Env-Sw 800.
2 New Paragraph; Regional Impact. Amend RSA 36:56 by inserting after paragraph II the following new paragraph:
III. All proposed solid waste landfills shall be projects of regional impact and notice shall be made to all communities located within New Hampshire that are:
(a) Located within any watershed (as defined by the 8-digit Hydrologic Units from the National Hydrography Dataset 2011 and as may be from time to time amended) where such landfill may be proposed; and
(b) If outside the watershed, located within 10 miles of the boundaries of such proposed landfill location.
3 Procedure; Regional Planning Commissions. Amend RSA 36:57, II to read as follows:
II. Not more than 5 business days after reaching a decision regarding a development of regional impact, the local land use board having jurisdiction shall, by certified mail, furnish the regional planning commission and the affected municipalities with copies of the minutes of the meeting at which the decision was made. The local land use board shall, at the same time, submit an initial set of plans to the regional planning commission, the cost of which shall be borne by the applicant. When a solid waste facility as defined in RSA 36:55, VI(b) is found to affect a watershed area outside the boundaries of the state of New Hampshire, notification of a development of regional impact shall be mailed to the secretary of state of that state.
4 Applicability. Nothing in this act shall be construed to include landfill facilities on any site on which, as of December 1, 2022, a RCRA Subtitle D landfill exists that has been fully permitted. For the purposes of this section, the term “site” shall mean a single parcel or adjacent parcels, owned in its entirety by a landfill operator or its affiliates as of December 1, 2022, including a site where one or more public utility easements traverse the site; perennial water bodies traversing a footprint shall still be monitored in accordance with or exceeding United States Environmental Protection Agency regulations and guidelines.
5 Effective Date. This act shall take effect 60 days after its passage.