This bill requires applicants for landfill permits to submit a detailed report assessing the potential harms and benefits of their proposed projects. The Department of Environmental Services (DES) must evaluate whether the landfill offers a "net public benefit" before conducting a full technical review of the application. The bill repeals and reenacts RSA 149-M:11, III, defining a net public benefit as existing when the benefits of a project outweigh its harms. An independent third-party contractor, chosen in consultation with the host community, will conduct this assessment at the applicant's expense. Additionally, new subparagraphs are added to RSA 149-M:11, V, to specify criteria for determining capacity needs for new and expanded landfills.
The bill also modifies existing language by replacing the requirement for a "substantial public benefit" with a "net public benefit," ensuring that evaluations are independent and not influenced by unrelated projects. It clarifies that facilities must operate according to their permit applications, with enforcement leniency for inconsistencies due to uncontrollable circumstances. The bill introduces
extended review periods for landfill applications, which may lead to increased administrative costs for the DES, necessitating the hiring of additional staff. The DES anticipates potential expenditures for state, county, or municipal entities applying for landfill expansions, ranging from $0 to $100,000, depending on application volume. The act will take effect 60 days after passage.
Statutes affected: Introduced: 149-M:11
As Amended by the House: 149-M:11