SB 146-FN - AS INTRODUCED
2021 SESSION
21-0255
08/04
SENATE BILL 146-FN
AN ACT adopting omnibus legislation relative to the environment.
SPONSORS: Sen. Watters, Dist 4
COMMITTEE: Energy and Natural Resources
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ANALYSIS
This bill adopts legislation relative to:
I. Establishing the coastal program administered by the department of environmental services.
II. Establishing a statewide solid waste disposal reduction goal.
III. Prohibiting incineration of PFAS in New Hampshire.
IV. The prevention of zoonotic disease transmission.
V. Tidal waters.
VI. Establishing a surcharge on certain saltwater licenses and establishing a fund for derelict
fishing gear and coastal cleanup.
VII. The acquisition and preservation of agricultural land for food producing in the land and
community heritage program.
VIII. Class 2 obligations under the electric renewable portfolio standards.
IX. Public use of coastal shorelands.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 SB 146-FN - AS INTRODUCED
21-0255
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT adopting omnibus legislation relative to the environment.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Sponsorship. This act consists of the following proposed legislation:
2 Part I. LSR 21-0255, establishing the coastal program administered by the department of
3 environmental services, sponsored by Sen. Watters, Prime/Dist 4; Sen. Gannon, Dist 23; Sen. Gray,
4 Dist. 6; Sen. Sherman, Dist 24; Sen. Perkins Kwoka, Dist 21; Rep. Edgar, Rock 21; Rep. Spang, Straf
5 6.
6 Part II. LSR 21-0256, establishing a statewide solid waste disposal reduction goal,
7 sponsored by Sen. Watters, Prime/Dist 4; Sen. D'Allesandro, Dist 20; Sen. Rosenwald, Dist 13; Sen.
8 Prentiss, Dist 5; Sen. Perkins Kwoka, Dist 21; Sen. Whitley Dist 15; Sen. Sherman, Dist 24; Rep.
9 Ebel, Merr 5; Rep. Grassie, Straf 11; and Rep. Murray, Hills 22.
10 Part III. LSR 21-0842, prohibiting incineration of PFAS in New Hampshire, sponsored by
11 Sen. Watters, Prime/Dist 4; Sen. Soucy, Dist 18; Sen. Sherman, Dist 24; Sen. Rosenwald, Dist 13;
12 Sen. Carson, Dist 14; Sen Gannon, Dist 23; Sen. Perkins Kwoka, Dist 21; Sen. Cavanaugh, Dist 16;
13 Sen. Bradley, Dist 3; Rep. Spang, Straf 6; and Rep. Rung, Hills 21.
14 Part IV. LSR 21-0926, relative to the prevention of zoonotic disease transmission, sponsored
15 by Sen. Watters, Prime/Dist 4; Sen. Sherman, Dist 24; Sen. Bradley, Dist 3; and Rep. Bixby, Straf
16 17.
17 Part V. LSR 21-0927, relative to tidal waters, sponsored by Sen. Watters, Prime/Dist 4; Sen.
18 Sherman, Dist 24; Sen. Perkins Kwoka, Dist 21; Rep. Cushing, Rock 21; and Rep. Simpson, Rock 36.
19 Part VI. LSR 21-0823, establishing a surcharge on certain saltwater licenses and
20 establishing a fund for derelict fishing gear and coastal cleanup, sponsored by Sen. Watters,
21 Prime/Dist 4; Sen. Perkins Kwoka, Dist 21; Sen. Sherman, Dist 24; and Rep. Spang, Straf 6.
22 Part VII. LSR 21-1022, relative to the acquisition and preservation of agricultural land for
23 food producing in the land and community heritage program, sponsored by Sen. Bradley, Prime/Dist
24 3.
25 Part VIII. LSR 21-1054, relative to class 2 obligations under the electric renewable portfolio
26 standards, sponsored by Sen. Perkins Kwoka, Prime/Dist. 21; Sen. Watters, Dist. 4; Sen. Sherman,
27 Dist. 24; and Rep. McWilliams, Merr. 27.
28 Part IX. LSR 21-1062, relative to public use of coastal shorelands, sponsored by Sen.
29 Sherman, Prime/Dist 24; Sen. Soucy, Dist 18; Rep. Murray, Rock 24; and Rep. Cushing, Rock 21.
30 2 Legislation Enacted. The general court hereby enacts the following legislation:
31 PART I
 SB 146-FN - AS INTRODUCED
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1 Establishing the coastal program administered by the department of environmental services.
2 1 New Chapter; Coastal Program and Fund. Amend RSA by inserting after chapter 485-H the
3 following new chapter:
4 CHAPTER 485-I
5 COASTAL PROGRAM AND FUND
6 485-I:1 Statement of Policy. The water and related land resources of New Hampshire's coastal
7 and estuarine environments have significant ecological, commercial, cultural, and recreational
8 values for the state and its citizens. Therefore, it is the policy of the state to ensure the continued
9 viability and improved resiliency of these environments and communities in which they are located
10 as valued ecologic, economic, public health and safety, and social assets for the benefit of current and
11 future generations.
12 485-I:2 Program Established. There is established within the department of environmental
13 services the New Hampshire coastal program to implement 16 U.S.C. section 1452, the Coastal Zone
14 Management Act. It is the intent of the state to encourage and assist state and federal agencies and
15 coastal zone municipalities in the sustainable use of the land and water resources of the coastal zone
16 giving full consideration to ecological, cultural, historic, and esthetic values as well as the needs for
17 compatible economic development. The coastal program should encourage and assist to support:
18 I. The protection of natural resources, including wetlands, floodplains, coastal and
19 estuarine waters, beaches, sand dunes, and fish and wildlife and their habitat within the coastal
20 zone.
21 II. The management of coastal development to minimize the loss of life and property caused
22 by improper development in flood-prone, storm surge, geological hazard, and erosion-prone areas
23 and in areas likely to be affected by or vulnerable to sea level rise, ground water rise, and saltwater
24 intrusion, and by the destruction of natural protective features such as beaches, sand dunes, and
25 wetlands.
26 III. The management of coastal development to improve, safeguard, and restore the quality
27 of coastal waters, and to protect natural resources and existing uses of those waters.
28 IV. Public access to the coasts for recreation purposes.
29 V. The redevelopment of deteriorating urban waterfronts and ports, and sensitive
30 preservation and restoration of historic, cultural, and esthetic coastal features.
31 VI. The coordination and simplification of procedures in order to ensure expedited
32 governmental decision making for the management of coastal resources.
33 VII. Continued consultation and coordination with, and the giving of adequate
34 consideration to the views of affected state and federal agencies.
35 VIII. The giving of timely and effective notification of, and opportunities for, public and
36 local government participation in coastal management decision making.
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1 IX. Comprehensive planning, conservation, and management for living marine resources,
2 including planning for the siting of pollution control and aquaculture facilities within the coastal
3 zone, and improved coordination between state and federal coastal zone management agencies and
4 state and wildlife agencies.
5 X. The study and development of plans for addressing the adverse effects upon the coastal
6 zone in accordance with the updating of storm surge, sea-level rise, precipitation and other relevant
7 projections recommending in the coastal risks and hazards commission 2014 report "Sea-Level Rise,
8 Storm Surges, and Extreme Precipitation in Coastal New Hampshire: Analysis of Past and Projected
9 Trends" in RSA 483-B:22, I.
10 485-I:3 Federal Consistency. The coastal program established under this chapter shall be the
11 entity charged with implementing 16 U.S.C section 1456 and 15 C.F.R. Part 930.
12 485-I:4 Coastal Fund.
13 I. There is hereby established in the state treasury the coastal fund which shall be kept
14 distinct and separate from all other funds. All moneys in the fund shall be nonlapsing and
15 continually appropriated to the department of environmental services for the purposes of this
16 chapter.
17 II. The commissioner may apply for and accept, from any source, gifts; donations of money;
18 grants; federal, local, private, and other matching funds and incentives; and interests in land for the
19 purposes of this chapter. The moneys collected under this paragraph shall be deposited in the fund
20 established under paragraph I.
21 III. The commissioner shall make rules relative to the distribution of money from the
22 coastal fund for the New Hampshire coastal program established in RSA 485-I:2.
23 2 Effective Date. Part I of this act shall take effect July 1, 2021.
24 PART II
25 Establishing a statewide solid waste disposal reduction goal.
26 1 Solid Waste Disposal Reduction Goal. Amend RSA 149-M:2 to read as follows:
27 149-M:2 Solid Waste Disposal Reduction Goal.
28 I. The general court declares its concern that there are environmental and economic issues
29 pertaining to the disposal of solid waste in landfills and incinerators. It is important to reserve
30 landfill and incinerator capacity for solid wastes which cannot be reduced, reused, recycled or
31 composted. [The general court declares that the goal of the state, by the year 2000, is to achieve a 40
32 percent minimum weight diversion of solid waste landfilled or incinerated on a per capita basis.
33 Diversion shall be measured with respect to changes in waste generated and subsequently landfilled
34 or incinerated in New Hampshire. The goal of weight diversion may be achieved through source
35 reduction, recycling, reuse, and composting, or any combination of such methods.] The general court
36 discourages the disposal of recyclable materials in landfills or processing of recyclable materials in
37 incinerators.
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1 II. [In exercising any and all powers conferred upon the department under this chapter, the
2 department shall use and consider criteria relevant to the waste reduction goal and disposal
3 hierarchy established in RSA 149-M:2 and 149-M:3. The department shall not take any action
4 relative to the 40 percent weight reduction goal which causes the municipalities organized under
5 RSA 53-A and 1986, 139 or RSA 53-B to violate or incur penalties under legal obligations existing on
6 June 26, 1990.] The general court further declares a goal to reduce the quantity by weight of
7 solid waste disposed in landfills and incinerators by 25 percent by the year 2030, and by 45
8 percent by the year 2050. For the purposes of this goal, disposal reduction targets shall
9 apply, on a combined basis, to disposal of municipal solid waste and construction and
10 demolition debris, and shall be measured against baseline quantities of these wastes
11 disposed of in the year 2018. For the purposes of this goal only, municipal solid waste
12 means solid waste generated at residences, commercial or industrial establishments, and
13 institutions, but excludes automobile scrap and other motor vehicle waste, infectious
14 waste, asbestos waste, contaminated soil and other absorbent media, sludge, industrial
15 process waste, and ash other than ash from household stoves. Disposal reduction may be
16 achieved through source reduction as well as diversion including but not limited to reuse,
17 recycling, and composting.
18 III. In exercising any and all powers conferred upon the department under this
19 chapter, the department shall use and consider criteria relevant to the disposal reduction
20 goal and solid waste management hierarchy established in this section and RSA 149-M:3.
21 The department shall not take any action relative to the reduction goal which causes the
22 municipalities organized under RSA 53-A and 1986, 139 or RSA 53-B to violate or incur
23 penalties under legal obligations existing on June 26, 1990.
24 2 State Solid Waste Disposal Reduction Goal. Amend the introductory paragraph of RSA 149-
25 M:29, II to read as follows:
26 II. [At least every] Beginning October 1, 2022 [of every odd-numbered] and every even-
27 numbered year thereafter, the department shall prepare a report on the level of achievement in
28 reaching the [40 percent diversion] goal established in RSA 149-M:2 and on proposed strategies for
29 achieving the goal and any proposed changes to the goal. The report shall contain information
30 regarding:
31 3 State Solid Waste Plan. Amend RSA 149-M:29, I to read as follows:
32 I. Beginning October 1, [1998] 2021, and every [6] 10 years thereafter, the department shall
33 update the state's solid waste plan, which shall contain, at minimum, the following elements:
34 (a) Goals and strategies for solid waste management in New Hampshire that
35 are consistent with the provisions of this chapter.
36 (b) Discussion of opportunities to reduce solid waste generation through source
37 reduction and increase diversion through methods such as recycling and composting.
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1 (c) Discussion of actions necessary to maintain adequate capacity for
2 management of solid waste generated in New Hampshire.
3 4 Effective Date. Part II of this act shall take effect 60 days after its passage.
4 PART III
5 Prohibiting incineration of PFAS in New Hampshire.
6 1 New Section; Prohibition on Incinerating Class B Firefighting Foam. Amend RSA 154 by
7 inserting after section 8-c the following new section:
8 154:8-d Prohibition on Incinerating Class B Firefighting Foam.
9 I. In this section:
10 (a) "Incineration" includes but is not limited to burning, combustion, pyrolysis,
11 gasification, thermal oxidation (including flameless and regenerative), acid recovery
12 furnace/oxidizer, ore roaster, cement kiln, lightweight aggregate kiln, industrial furnace, boiler and
13 process heater.
14 (b) "Class B firefighting foam" means foam designed for flammable liquid fires.
15 (c) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS chemicals" means a class of
16 fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
17 II. No person, local government, or state agency shall incinerate Class B firefighting foam
18 which contains PFAS chemicals until the department determines that no out-of-state facility will
19 accept this waste and can ensure the air emissions and associated residuals and their disposal shall
20 not pose a threat to public health or the environment and reports such finding to all local
21 governments and state agencies.
22 III. Whenever PFAS-containing waste, leachate, or sludge is being incinerated in New
23 Hampshire, the air emissions and associated residuals shall be evaluated by the department of
24 environmental services to ensure disposal shall not pose a threat to public health or the
25 environment.
26 2 New Chapters; Perfluorinated Chemicals; Plastics Advisory Council. Amend RSA by inserting
27 after chapter 149-Q the following new chapters:
28 CHAPTER 149-R
29 PERFLUORINATED CHEMICALS; PLASTICS ADVISORY COUNCIL
30 149-R:1 Findings. Fluorinated chemicals are extremely persistent in the environment, leach
31 into food, and can be taken up from soil into food. In 2016, the FDA rescinded its approval for use of
32 three such fluorinated chemicals from food contact materials due to associated heightened risks of
33 cancer, toxicity, and other health effects. Other PFAS chemicals have similar chemical structures,
34 and may pose similar risks.
35 149-R:2 Definitions. In this chapter:
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1 I. "Fluorinated chemical," "perfluorinated chemical," or "PFAS" means a class of fluorinated
2 organic compounds containing at least one fully fluorinated carbon atom, also known as
3 perfluoroalkyl and polyfluoroalkyl substances, or PFAS chemicals.
4 II. “Food packaging” means a package that is designed for direct food cont