Bill Text - HB1490 (2024)

Relative to the solid waste management act.

Revision: Dec. 11, 2023, 8:50 a.m.










AN ACT relative to the solid waste management act.


SPONSORS: Rep. Ebel, Merr. 7; Rep. Simpson, Rock. 33; Rep. M. Murray, Hills. 37; Rep. Creighton, Hills. 30; Rep. Rochefort, Graf. 1; Rep. Germana, Ches. 1; Rep. Massimilla, Graf. 1; Rep. Grote, Rock. 24; Sen. Watters, Dist 4; Sen. Perkins Kwoka, Dist 21; Sen. D'Allesandro, Dist 20


COMMITTEE: Environment and Agriculture






This bill makes various changes to the solid waste management act.


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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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


AN ACT relative to the solid waste management act.


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


1  Abutter; Definition.  Amend RSA 149-M:4, I to read as follows:

I. "Abutter" means any person who owns property adjacent to, or across a road, railroad, utility corridor, or [stream] watercourse from the property on which a solid waste facility may be permitted.

2  End-of-Life Vehicle; Definition.  Amend RSA 149-M:4, VIII-b to read as follows:

VIII-b. "End-of-life motor vehicle" means a wrecked, worn-out, junk, or other motor vehicle, as defined in RSA 259:60, I, that is no longer intended for use according to its original purpose and is destined for final disposal. The term does not include a motor vehicle that is being kept for repair or restoration, or that is temporarily impounded pending identification of last owner of record or settlement of an insurance claim.

3  New Paragraph; Termination of Permits.  Amend RSA 149-M:12 by inserting after paragraph II the following new paragraph:

II-a. The department may terminate any permit issued under this chapter if it determines that the permittee has closed the facility and no longer intends to conduct the permitted activity at the facility.

4  Termination of Permits.  Amend RSA 149-M:7, III to read as follows:

III. Administration of a permit system, including the terms, conditions, and time frames under which the department shall issue, modify, suspend, revoke, terminate, deny, approve, or transfer permits required by this chapter, and means of noticing the public about such permits including, but not limited to, using electronic means via notice on the department's Internet website, and communicating permitting information with affected municipalities.

5  Time Period for Rules.  Amend RSA 149-M:12, III to read as follows:

III. In processing applications for a permit under this chapter, the department shall comply with time limits prescribed in [RSA 541-A:29] RSA 149-M:9, VIII, except the department shall not be required to issue a final decision on any application until 30 days after a public hearing held pursuant to RSA 149-M:11, IV(a) in order to assure proper consideration of public concerns.

6  Permit Required.  Amend RSA 149-M:9, XI to read as follows:

XI. All permits shall be continuous in duration, but may be terminated, suspended or revoked for cause as provided in this chapter.

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