This bill modifies the requirements for landfill permit applicants by requiring them to submit a comprehensive report that assesses the potential harms and benefits of their proposed projects. The Department of Environmental Services (DES) is responsible for evaluating whether the proposed solid waste facility provides a net public benefit, which is defined as the benefits outweighing the harms. The bill repeals and reenacts RSA 149-M:11, III, stipulating that the application can only advance to a full technical review if the DES confirms a net public benefit. An independent third-party contractor, chosen in consultation with both the host community and the applicant, will conduct the assessment, with the applicant covering the associated costs. Additionally, the bill clarifies that the burden of proof lies with the applicant to demonstrate this net public benefit, which must be specific to the project in question.

Moreover, the bill introduces new criteria for evaluating capacity needs for landfill expansions and new projects, ensuring that the state anticipates a capacity shortfall for at least half of the years covered by the permit. It replaces the term "substantial public benefit" with "net public benefit" in RSA 149-M:11, XI, and establishes an extended review period for applications, which may lead to increased administrative costs and necessitate additional staffing for the DES. The bill also outlines potential expenditures for state, county, or municipal entities applying for landfill expansions, estimating costs that could range from $0 to $100,000 based on the number of applications. Overall, the bill emphasizes the need for additional funding to accommodate longer review times and increased consultations while ensuring that facilities operate in accordance with the information provided in their applications.

Statutes affected:
Introduced: 149-M:11
As Amended by the House: 149-M:11