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 (DES) is required to conduct an initial review to determine if the proposed solid waste facility offers a substantial public benefit before proceeding with a full technical review of the application. If the DES finds that the facility does not provide a substantial public benefit, the application will be denied. The bill also introduces a new requirement for privately-owned landfill facilities to demonstrate a net public benefit, which is defined as the potential benefits outweighing the potential harms. This assessment must be conducted by an independent third-party contractor, with costs borne by the applicant.

Additionally, the bill modifies existing legal language regarding the public benefit requirement for solid waste permits. It specifies that the evaluation of public benefit must be limited to the proposed operation or project itself and cannot be influenced by other related projects. The bill also includes provisions for determining capacity needs for landfill expansions and new developments, ensuring that the state’s capacity shortfalls are adequately addressed. The act will take effect 60 days after its passage and is noted to have no fiscal impact on state, county, or local expenditures or revenue.

Statutes affected:
Introduced: 149-M:11
As Amended by the House (2nd): 149-M:11