This bill seeks to prohibit the issuance of new solid waste landfill permits to private entities in the state of New Hampshire, allowing only the state or its political subdivisions to own such facilities. The bill stipulates that after its effective date, no new landfill permits will be granted to private owners, but it does not prevent the state or political subdivisions from contracting private operators to manage and operate publicly owned landfills. Additionally, the bill includes provisions for addressing liability in the event of contamination due to operator mistakes or negligence. It also clarifies that existing privately owned landfills that are fully permitted and actively accepting waste as of December 1, 2023, can continue operations and are allowed to expand or modify their facilities.
The fiscal note attached to the bill indicates that there will be no immediate impact on state revenue, but indeterminate increases in expenditures could occur if public entities decide to become landfill permittees. These entities would then be responsible for the design, construction, operation, closure, and post-closure care of landfills, which could lead to significant expenditures. The bill does not provide funding to cover these potential expenditures. The Department of Environmental Services assumes that existing staff can handle the additional workload without increased expenditures. The New Hampshire Municipal Association notes that public facilities have lower average tipping fees compared to private facilities, but it is uncertain whether municipalities could finance the opening and operation of new landfills or if regional approaches to increase landfill capacity are feasible. Costs and revenues associated with the bill are currently indeterminable.