This bill mandates that applicants for landfill permits must submit a comprehensive report detailing the potential harms and benefits associated with their proposed projects. The Department of Environmental Services is tasked with determining whether the landfill provides a net public benefit, which is a shift from the previous requirement of demonstrating a substantial public benefit. The bill introduces new criteria for this determination, including an independent third-party assessment of potential harmful impacts on human health, property values, and the environment, with the costs of this assessment to be borne by the applicant. Additionally, the bill specifies that the net public benefit must be evaluated solely based on the proposed project, without consideration of unrelated projects.

Furthermore, the bill amends existing laws to clarify the conditions under which landfill expansions or new landfills can be approved, particularly in relation to the state's capacity needs. It establishes that for both expansions and new projects, the Department must find that there will be a capacity shortfall for at least half of the years covered by the permit. The bill also emphasizes that facilities must operate in accordance with the information provided in their permit applications, and if they fail to do so, enforcement will not be based solely on inconsistencies due to circumstances beyond their control. The act is set to take effect 60 days after passage.

Statutes affected:
Introduced: 149-M:11