1 Statement of Purpose. The general court hereby finds that:

I. New landfill capacity should be developed in expansions of existing permitted landfills instead of on greenfield sites.

II. Existing sites have already been carefully studied before being permitted and have been found suitable for landfilling by the department of environmental services.

III. The department of environmental services typically has decades of familiarity with conditions at such sites and the expansion of an existing use is generally consistent with the overall objectives of land use controls.

2 New Subparagraph; Solid Waste Management; Public Benefit Requirement. Amend RSA 149-M:11, V by inserting after subparagraph (d) the following new subparagraphs:

(e) For an applicant seeking to expand an existing and fully permitted RCRA Subtitle D landfill, the department shall find that the expansion shall satisfy the state's capacity need if, during the years for which the permit shall be granted, the state will face a capacity shortfall for at least one-half of those years.

(f) For an applicant seeking to develop a new landfill at a site where none currently exists, the department shall find that the new project shall satisfy the state's capacity need if, during the years for which the permit shall be granted, the state will face a capacity shortfall for at least one-half of those years. However, the department shall not allow the new landfill to begin accepting waste until the first year in which a shortfall is expected to exist.

3 Directive; Department of Environmental Services.

I. In its consideration of applications for additional landfill capacity in the state, the department of environmental services shall give first preference to expansions, where appropriate, in accordance with existing statutes and rules and consistent with any existing municipal agreements.

II. Second preference shall be given to development of brownfield sites, where appropriate, in accordance with existing statutes and rules and consistent with any existing municipal agreements. If a greenfield application is received, and there are no pending applications for an expansion or brownfield development, the department may process the greenfield application after the developer reviews and explains the choice of a greenfield site with reference to the list of sites developed by the department.

III. Using existing data, the department shall compile a list of all existing landfills in operation and all known closed landfills. The department shall use the tools at its disposal to determine, to the best of its ability, which sites would be unsuitable for future development because they are too close to schools, homes, airports, surface waterbodies, or other features to align with department setback regulations. A final list, excluding the sites deemed unsuitable for development, shall be made public.

IV. For its biennial solid waste reports, in addition to existing capacity at currently operating landfills in the state, the department shall report on potential future capacity for these operations in the event of future expansion.

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

1 Statement of Purpose. The general court hereby finds that:

I. New landfill capacity should be developed in expansions of existing permitted landfills instead of on greenfield sites.

II. Existing sites have already been carefully studied before being permitted and have been found suitable for landfilling by the department of environmental services.

III. The department of environmental services typically has decades of familiarity with conditions at such sites and the expansion of an existing use is generally consistent with the overall objectives of land use controls.

2 New Subparagraph; Solid Waste Management; Public Benefit Requirement. Amend RSA 149-M:11, V by inserting after subparagraph (d) the following new subparagraphs:

(e) For an applicant seeking to expand an existing and fully permitted RCRA Subtitle D landfill, the department shall find that the expansion shall satisfy the state's capacity need if, during the years for which the permit shall be granted, the state will face a capacity shortfall for at least one-half of those years.

(f) For an applicant seeking to develop a new landfill at a site where none currently exists, the department shall find that the new project shall satisfy the state's capacity need if, during the years for which the permit shall be granted, the state will face a capacity shortfall for at least one-half of those years. However, the department shall not allow the new landfill to begin accepting waste until the first year in which a shortfall is expected to exist.

3 Directive; Department of Environmental Services.

I. In its consideration of applications for additional landfill capacity in the state, the department of environmental services shall give first preference to expansions, where appropriate, in accordance with existing statutes and rules and consistent with any existing municipal agreements.

II. Second preference shall be given to development of brownfield sites, where appropriate, in accordance with existing statutes and rules and consistent with any existing municipal agreements. If a greenfield application is received, and there are no pending applications for an expansion or brownfield development, the department may process the greenfield application after the developer reviews and explains the choice of a greenfield site with reference to the list of sites developed by the department.

III. Using existing data, the department shall compile a list of all existing landfills in operation and all known closed landfills. The department shall use the tools at its disposal to determine, to the best of its ability, which sites would be unsuitable for future development because they are too close to schools, homes, airports, surface waterbodies, or other features to align with department setback regulations. A final list, excluding the sites deemed unsuitable for development, shall be made public.

IV. For its biennial solid waste reports, in addition to existing capacity at currently operating landfills in the state, the department shall report on potential future capacity for these operations in the event of future expansion.

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