{"id": "HB1189", "year": 2026, "term": "2025-2026", "title": "establishing a solid waste site evaluation committee.", "narrative": "It was introduced on January 7, 2026 and referred to the House Environment and Agriculture committee. The committee held a public hearing on February 24, 2026, with 115 people signed in online: 114 in support and 1 in opposition. The committee held a work session on March 3, 2026. The committee met in executive session on March 3, 2026 to vote on its recommendation. The committee voted unanimously, 12\u20130, to recommend that the House pass it with changes (amendment 2026-0965h), and the report was placed on the consent calendar. The committee's amendment (2026-0965h) was adopted on a voice vote on March 11, 2026, changing the text of the bill. On March 11, 2026 the House voted to pass it with changes on a voice vote. It crossed to the Senate on March 12, 2026 and was referred to the Senate Energy and Natural Resources committee. The committee held a public hearing on April 16, 2026. The committee voted 3\u20132 to recommend that the Senate study it after the session ends. On May 7, 2026 the Senate adopted \u201cRefer to Interim Study\u201d on a voice vote.", "stages": [{"label": "House Committee (Environment and Agriculture)", "hand": "H:committee", "text": "It was introduced on January 7, 2026 and referred to the House Environment and Agriculture committee. The committee held a public hearing on February 24, 2026, with 115 people signed in online: 114 in support and 1 in opposition. The committee held a work session on March 3, 2026. The committee met in executive session on March 3, 2026 to vote on its recommendation. The committee voted unanimously, 12\u20130, to recommend that the House pass it with changes (amendment 2026-0965h), and the report was placed on the consent calendar.", "notes": ["A committee decides whether its report goes on the consent calendar, and can send it there even when its members divided on the recommendation itself. The chamber adopts all the reports on its consent calendar in one vote, without floor debate, unless a bill is taken off it first."]}, {"label": "On the House Floor", "hand": "H:floor", "text": "The committee's amendment (2026-0965h) was adopted on a voice vote on March 11, 2026, changing the text of the bill. On March 11, 2026 the House voted to pass it with changes on a voice vote.", "notes": []}, {"label": "Senate Committee (Energy and Natural Resources)", "hand": "S:committee", "text": "It crossed to the Senate on March 12, 2026 and was referred to the Senate Energy and Natural Resources committee. The committee held a public hearing on April 16, 2026. The committee voted 3\u20132 to recommend that the Senate study it after the session ends.", "notes": ["In practice this often ends a bill's progress for the term."]}, {"label": "On the Senate Floor", "hand": "S:floor", "text": "On May 7, 2026 the Senate adopted \u201cRefer to Interim Study\u201d on a voice vote.", "notes": []}], "notes": [], "vote_note": "", "events": [{"date": "2026-01-07", "text": "Introduced 01/07/2026 and referred to Environment and Agriculture", "routine": false, "cite": "HJ 1, page 9", "cite_url": "https://gc.nh.gov/house/calendars_journals/viewer.aspx?fileName=journals%5C2026%5CHJ%2001%20January%207%2C%202026.pdf", "plain": "Introduced and referred to Environment and Agriculture"}, {"date": "2026-02-24", "text": "Public Hearing: 02/24/2026 02:00 pm GP 153", "routine": false, "testimony": {"date": "2026-02-24", "total": 115, "support": 114, "oppose": 1, "neutral": 0, "dated": true}}, {"date": "2026-03-03", "text": "Full Committee Work Session: 03/03/2026 10:15 am GP 153", "routine": false}, {"date": "2026-03-03", "text": "Executive Session: 03/03/2026 10:15 am GP 153", "routine": false}, {"date": "2026-03-03", "text": "Committee Report: Ought to Pass with Amendment # 2026-0965h 03/03/2026 (Vote 12-0; CC)", "routine": false, "cite": "HC 10, page 16", "cite_url": "https://gc.nh.gov/house/calendars_journals/viewer.aspx?fileName=calendars%5C2026%5CNo10%20March%206%202026.pdf", "plain": "Committee report: pass the bill with changes (amendment 2026-0965h), 12\u20130, for the consent calendar"}, {"date": "2026-03-11", "text": "Amendment # 2026-0965h: AA VV 03/11/2026", "routine": false, "cite": "HJ 7, page 25", "cite_url": "https://gc.nh.gov/house/calendars_journals/viewer.aspx?fileName=journals%5C2026%5CHJ%2007%20March%2011%2C%202026.pdf", "plain": "Amendment 2026-0965h adopted, on a voice vote"}, {"date": "2026-03-11", "text": "Ought to Pass with Amendment 2026-0965h: MA VV 03/11/2026", "routine": false, "cite": "HJ 7, page 25", "cite_url": "https://gc.nh.gov/house/calendars_journals/viewer.aspx?fileName=journals%5C2026%5CHJ%2007%20March%2011%2C%202026.pdf", "plain": "Bill passed with changes, on a voice vote"}, {"date": "2026-03-12", "text": "Introduced 03/12/2026 and Referred to Energy and Natural Resources", "routine": false, "cite": "SJ 7", "cite_url": "https://gc.nh.gov/senate/calendars_journals/Journals/2026/SJ%2007%20March%2026%2C%202026.PDF", "plain": "Introduced and referred to Energy and Natural Resources"}, {"date": "2026-04-16", "text": "Hearing: 04/16/2026, Room 103, SH, 01:00 pm", "routine": false, "cite": "SC 14", "cite_url": "https://gc.nh.gov/senate/calendars_journals/viewer.aspx?fileName=Calendars%5C2026%5CNo%2014%20April%209%202026.pdf", "plain": "Public hearing, 1:00 p.m., Room 103, State House"}, {"date": "2026-05-07", "text": "Committee Report: Referred to Interim Study, 05/07/2026, Vote 3-2", "routine": false, "cite": "SC 17", "cite_url": "https://gc.nh.gov/senate/calendars_journals/viewer.aspx?fileName=Calendars%5C2026%5CNo%2017%20April%2030%202026.pdf", "plain": "Committee report: send the bill to interim study, 3\u20132"}, {"date": "2026-05-07", "text": "Refer to Interim Study, MA, VV; 05/07/2026", "routine": false, "cite": "SJ 11", "cite_url": "https://gc.nh.gov/senate/calendars_journals/Journals/2026/SJ%2011%20May%207%2C%202026.PDF", "plain": "Sent to interim study, on a voice vote"}], "next_step": "House: PASSED/ADOPTED WITH AMENDMENT \u00b7 Senate: INTERIM STUDY", "status_source": "General Court bill status page", "chapter": "", "journey": {"steps": [{"date": "2026-03-11", "body": "H", "act": "passed", "mark": "p", "text": "Passed with an amendment on a voice vote"}, {"date": "2026-05-07", "body": "S", "act": "study", "mark": "s", "text": "Sent to interim study on a voice vote"}, {"date": "2026-08-19", "body": "S", "act": "died", "mark": "x", "text": "In interim study: the committee studies the subject in the fall of 2026; the bill goes no further"}], "rail": [{"stop": "Introduced", "mark": "p", "date": "2026-01-07", "say": "Introduced"}, {"stop": "House", "mark": "p", "date": "2026-03-11", "say": "Passed with an amendment on a voice vote"}, {"stop": "Senate", "mark": "s", "date": "2026-05-07", "say": "Sent to interim study on a voice vote"}, {"stop": "Governor", "mark": "-", "date": "", "say": "Never reached"}, {"stop": "Law", "mark": "x", "date": "2026-08-19", "say": "Did not become law"}]}, "text_url": "https://gc.nh.gov/bill_status/legacy/bs2016/billText.aspx?id=1724&txtFormat=html&sy=2026", "facts": {"lsr": "2520", "body": "H", "local": "N", "gen_status": "SENATE", "house_status": "PASSED/ADOPTED WITH AMENDMENT", "senate_status": "INTERIM STUDY", "date_introduced": "1/7/2026", "floor_date": "3/11/2026", "committee_code": "H06"}, "sponsors": [{"member_id": "678", "name": "Bixby, Peter", "party": "D", "chamber": "H", "label": "Rep. Peter Bixby (D - Straf 13)", "sequence": 0, "prime": true, "role": "Prime", "county": "Straf", "district": "13", "display_plain": "Rep. Peter Bixby", "display": "Rep. Peter Bixby (D)", "display_full": "Rep. Peter Bixby (D - Straf 13)", "district_label": "Straf 13", "sort": "bixby, peter", "slug": "peter-bixby-straf-13"}, {"member_id": "9429", "name": "Aron, Judy", "party": "R", "chamber": "H", "label": "Rep. Judy Aron (R - Sull 4)", "sequence": 1, "prime": false, "role": "Sponsor", "county": "Sull", "district": "04", "display_plain": "Rep. Judy Aron", "display": "Rep. Judy Aron (R)", "display_full": "Rep. Judy Aron (R - Sull 4)", "district_label": "Sull 4", "sort": "aron, judy", "slug": "judy-aron-sull-4"}, {"member_id": "10659", "name": "Barbour, Liz", "party": "R", "chamber": "H", "label": "Rep. Liz Barbour (R - Hills 35)", "sequence": 1, "prime": false, "role": "Sponsor", "county": "Hills", "district": "35", "display_plain": "Rep. Liz Barbour", "display": "Rep. Liz Barbour (R)", "display_full": "Rep. Liz Barbour (R - Hills 35)", "district_label": "Hills 35", "sort": "barbour, liz", "slug": "liz-barbour-hills-35"}, {"member_id": "10748", "name": "Germana, Nicholas", "party": "D", "chamber": "H", "label": "Rep. Nicholas Germana (D - Ches 15)", "sequence": 1, "prime": false, "role": "Sponsor", "county": "Ches", "district": "15", "display_plain": "Rep. Nicholas Germana", "display": "Rep. Nicholas Germana (D)", "display_full": "Rep. Nicholas Germana (D - Ches 15)", "district_label": "Ches 15", "sort": "germana, nicholas", "slug": "nicholas-germana-ches-15"}, {"member_id": "11171", "name": "Gruber, James", "party": "D", "chamber": "H", "label": "Rep. James Gruber (D - Ches 16)", "sequence": 1, "prime": false, "role": "Sponsor", "county": "Ches", "district": "16", "display_plain": "Rep. James Gruber", "display": "Rep. James Gruber (D)", "display_full": "Rep. James Gruber (D - Ches 16)", "district_label": "Ches 16", "sort": "gruber, james", "slug": "james-gruber-ches-16"}, {"member_id": "10855", "name": "Haskins, Linda", "party": "D", "chamber": "H", "label": "Rep. Linda Haskins (D - Rock 11)", "sequence": 1, "prime": false, "role": "Sponsor", "flag": "0", "county": "Rockingham", "district": "11", "display_plain": "Rep. Linda Haskins", "display": "Rep. Linda Haskins (D)", "display_full": "Rep. Linda Haskins (D - Rock 11)", "district_label": "Rock 11", "sort": "haskins, linda", "slug": "linda-haskins-rock-11"}, {"member_id": "10726", "name": "Potenza, Kelley", "party": "R", "chamber": "H", "label": "Rep. Kelley Potenza (R - Straf 19)", "sequence": 1, "prime": false, "role": "Sponsor", "county": "Straf", "district": "19", "display_plain": "Rep. Kelley Potenza", "display": "Rep. Kelley Potenza (R)", "display_full": "Rep. 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Jared Sullivan (D - Graf 2)", "district_label": "Graf 2", "sort": "sullivan, jared", "slug": "jared-sullivan-graf-2"}], "rollcalls": [{"date": "2026-03-11", "body": "H", "question": "Ought to Pass with Amendment 2026-0965h", "mover": "", "yeas": null, "nays": null, "passed": true, "vote_kind": "VV", "vote_kind_label": "voice vote", "threshold_note": null, "tally": {}, "members": [], "amendment": null, "mk": "otpa", "mf": {}}, {"date": "2026-05-07", "body": "S", "question": "Refer to Interim Study", "mover": "", "yeas": null, "nays": null, "passed": true, "vote_kind": "VV", "vote_kind_label": "voice vote", "threshold_note": null, "tally": {}, "members": [], "amendment": null, "mk": "is", "mf": {}, "mrec": "Refer to Interim Study"}], "stations": [{"when": "2026-02-24", "time": "14:00", "what": "public hearing", "committee": "Environment and Agriculture", "body": "H", "venue": "GP 153", "video_id": "31hAgkxq3is", "watch": null, "predicted": 14709.0, "start": 16978.878, "state": "located", "tolerance": 180, "short": false, "end": 17684.0, "end_stated": false, "end_from": "clustered", "candidate": null, "start_stated": false, "said_how": null, "end_stated_cluster": false, "testimony": {"date": "2026-02-24", "total": 115, "support": 114, "oppose": 1, "neutral": 0, "dated": true}}, {"when": "2026-03-03", "time": "10:15", "what": "full committee work session", "committee": "Environment and Agriculture", "body": "H", "venue": "GP 153", "video_id": "EHa20LQrETE", "watch": null, "predicted": 3003.0, "start": 4706.88, "state": "located", "tolerance": 300, "short": false, "end": 5085.199, "end_stated": false, "end_from": "clustered", "candidate": null, "start_stated": false, "said_how": null, "end_stated_cluster": false}, {"when": "2026-03-03", "time": "10:15", "what": "executive session", "committee": "Environment and Agriculture", "body": "H", "venue": "GP 153", "video_id": "EHa20LQrETE", "watch": null, "predicted": 3003.0, "start": null, "state": "approximate", "tolerance": null, "short": false, "end": null, "end_stated": false, "end_from": null, "candidate": null, "start_stated": false, "said_how": null, "end_stated_cluster": false}, {"when": "2026-03-11", "time": null, "what": "consent calendar", "committee": "House", "venue": null, "video_id": "b9vTd1d8PuI", "watch": "https://www.youtube.com/watch?v=b9vTd1d8PuI&t=0s", "predicted": null, "start": null, "debate_end": null, "window_start": null, "motions": ["Ought to Pass with Amendment 2026-0965h"], "tallies": [], "state": "consent", "candidate": null}, {"when": "2026-04-16", "time": "13:00", "what": "hearing", "committee": "Energy and Natural Resources", "body": "S", "venue": "SH 103", "video_id": "mK3pji_b2-I", "watch": null, "predicted": 84.0, "start": 156.7, "state": "stated", "tolerance": 5, "short": false, "end": null, "end_stated": false, "end_from": "next boundary", "candidate": null, "start_stated": true, "said_how": "number", "end_stated_cluster": false, "reports": [{"committee": "Senate Energy and Natural Resources Committee", "heard": "2026-04-16", "opened": "1:00 p.m.", "closed": "1:49 p.m.", "present": "Senators Avard, Pearl, Watters and Rosenwald", "absent": "Senator McConkey", "positions": [["Who supports the bill", "56 Individuals signed in Support of the legislation."], ["Who opposes the bill", "None"]], "completed": "2026-04-20", "sections": [{"label": "Summary of testimony presented", "side": "all", "speakers": [{"who": "Representative Peter Bixby, Strafford 13", "points": ["Representative Bixby explained that the bill is intended to address gaps in the current regulatory framework by refining its structure and enforcement mechanisms.", "He stated that one of the key components of the bill is its declaration of purpose. The goal is to establish a siting evaluation committee that can review large solid waste projects in a more comprehensive way than the current standard permitting process allows. While the Department of Environmental Services has significant regulatory authority, the bill is designed to ensure that broader impacts, particularly those outside DES\u2019s direct purview, are also formally considered.", "He emphasized that landfill projects inherently involve both benefits and burdens. The purpose of the SEC is to weigh those factors and determine whether the benefits of a proposed project outweigh its impacts. The bill includes multiple provisions intended to make that balancing test clear and enforceable.", "Representative Bixby noted that the burden of such projects is not limited to the host municipality but extends to surrounding communities and, in some cases, the state as a whole. That\u2019s why the bill adopts a broader definition of \u201caffected community,\u201d encompassing not just the host town but also neighboring municipalities.", "He clarified that the bill applies to major solid waste facilities, while exempting certain operations such as food waste facilities and municipally operated sites.", "He explained that the structure of the SEC committee would consist of seven members. The chairperson would be appointed by the Governor, and the membership would include two commissioners along with additional members selected based on relevant expertise. The committee\u2019s responsibilities would include evaluating proposed projects, setting conditions for approval, and overseeing enforcement-related matters.", "The bill also establishes specific prohibitions and restrictions, along with a defined approval process. He highlighted that, under the default framework, a certificate of site approval must be obtained before other permits are finalized, although some processes may occur concurrently. This approach is intended to prevent applicants from incurring the full cost of permitting if a project is ultimately deemed unsuitable at the certificate stage.", "He noted an exception for projects already under review at the time the legislation takes effect. In those cases, existing permitting processes may continue before certificate approval is finalized.", "He further explained that approval of a certificate is not guaranteed for any specific project, including those proposed by Waste Management. Applicants may propose alternative sites as part of their application, allowing flexibility if issues arise with a preferred location.", "Representative Bixby also stressed the importance of incorporating outside expertise into the review process. The bill requires public information sessions prior to formal hearings, ensuring opportunities for early public engagement. If a proposal fails to meet statutory requirements, the committee has the authority to deny certification based on findings from relevant state departments and criteria outlined in RSA 149-M:9, IX, including standards related to integrity and capability.", "He described the structured public hearing process outlined in the bill. He noted that the Attorney General would appoint an independent public advocate to represent the public interest, though individuals and groups may also participate directly. Ultimately, the SEC would decide whether to issue a certificate based on the criteria and objectives established in the chapter.", "Senator Pearl asked whether it was fair to say that the bill uses the same language as HB 707.", "Representative Bixby responded that he had not conducted a side-by-side comparison but believed the bill is approximately 80\u201390% consistent with prior language.", "Senator Pearl noted that the current version appeared to expand considerations related to human health that goes through SWAC and removes provisions allowing the state to override local contracts. He asked if that was correct.", "Representative Bixby confirmed that the bill focuses on balancing harms and benefits and that one of the most significant changes was the removal of language allowing the state to override local contracts. He explained that there is discomfort with that concept, drawing a parallel to similar concerns reflected in Article 10 of the state constitution. He indicated that he does not see a workable compromise that would allow for overriding local control, though the overall mechanics of the bill remain largely the same.", "Senator Watters pointed to language on page 4, line 5, as well as provisions on pages 10 through 12, and raised concerns about the term \u201cadjudicate.\u201d He questioned what that would mean in practice, particularly in relation to Public Utilities Commission-style hearings, legal proceedings, and staffing demands. He expressed concern that the process outlined in the bill could require significant legal and administrative resources and asked for clarification.", "Representative Bixby responded that earlier sections provide a summary of the committee\u2019s duties, while the later sections describe how those duties would be carried out. He stated that he is open to revising the language to improve clarity and address those concerns in regards to the phrasing of \u201cadjudicate\u201d.", "Senator Watters suggested that the committee should not have adjudicative authority and described the language as overly broad. He indicated that such functions may be more appropriate for the Department of Environmental Services.", "Representative Bixby reiterated that the intent was to establish a clear process and that he is not committed to the current wording. He expressed openness to modifying or removing the term \u201cadjudicate\u201d if needed.", "Senator Rosenwald raised a question about the conflict-of-interest provision on page 2, which states that individuals affiliated with entities that operate or seek to operate waste disposal facilities may be disqualified from serving on the committee. She asked whether this would exclude individuals who work in the industry outside of New Hampshire.", "Representative Bixby explained that the intent is to avoid conflicts of interest involving individuals closely tied to an applicant or its competitors. He emphasized that the goal is to ensure impartiality and that he is open to refining the language, provided it clearly excludes anyone with a direct or active interest in a pending application.", "Senator Rosenwald followed up by asking whether someone working for a company in another state would still be disqualified.", "Representative Bixby said that, as written, the provision could exclude individuals employed by large, multi-state or multinational companies, even if their work is outside New Hampshire. He added that the intent is for committee members to have relevant knowledge of regional solid waste issues, and that this language could be revisited.", "Senator Rosenwald asked about the requirement on page 2 that a member have experience in \u201cenvironmental science,\u201d noting that the term is quite broad.", "Representative Bixby responded that the intent was to require environmental expertise more generally and indicated he would be open to revising the language for greater precision."], "member": {"label": "Representative Peter Bixby", "party_code": "D", "slug": "peter-bixby-straf-13"}}, {"who": "Tom Tower, NCABC", "points": ["Mr. Tower expressed support for the legislation, noting that there has been significant back-and-forth in recent years over landfill reform. He stated that this bill represents a different approach and has the potential to succeed, particularly if some level of compromise is reached to resolve the issue and move it forward.", "He emphasized that the bill has support from the House as well as the Department, which he suggested strengthens its viability.", "He explained that large solid waste facilities have far-reaching impacts beyond waste management alone, including effects on local economies and surrounding communities. Because of these broader implications, he argued that such projects warrant a more structured and comprehensive evaluation process.", "He noted that the bill integrates technical considerations with environmental compliance and community impact, ensuring that all relevant factors are reviewed together rather than in isolation.", "He highlighted the importance of creating a transparent and predictable process, where applicants clearly understand the requirements and standards they must meet. He concluded by urging the committee to support the legislation."]}, {"who": "Mike Wimsatt, Department of Environmental Services", "points": ["Mr. Wimsatt said that Department supports the bill. He noted that it is substantially similar to language previously proposed by the Governor in the prior session.", "He acknowledged that the siting, construction, and operation of major solid waste facilities can have impacts that extend beyond the traditional factors considered by DES when reviewing permit applications. He explained that the bill would establish a committee to consider these broader impacts and benefits, as outlined by Representative Bixby.", "He stated that while these additional factors are important, many fall outside the Department\u2019s core expertise and regulatory authority. For that reason, the Department believes the proposed committee would provide an important platform for broader participation and allow for a more comprehensive evaluation of such projects.", "He also suggested a technical amendment to the bill. Referring to page 2, line 9, he noted that the term \u201cmajor solid waste disposal facility\u201d is not entirely accurate, as the definition includes not only disposal facilities like landfills and incinerators but also collection, storage, separation, treatment, and processing facilities. He recommended removing the word \u201cdisposal\u201d throughout the bill to better reflect its scope.", "Senator Watters then raised a question about language on page 4, line 5, specifically the use of the term \u201cadjudicate,\u201d and whether it implies a broader legal role for the committee than intended.", "Mr. Wimsatt responded that the term initially stood out to him as well. He interpreted it as referring to enforcement of certificate conditions but acknowledged uncertainty about how that process would function in practice. He noted that some certificate conditions could overlap with existing solid waste permit requirements, which DES is better positioned to monitor and enforce. For other conditions, the bill appears to direct the Department to notify the committee of noncompliance, but the process for resolving such issues is not clearly defined.", "Senator Watters expressed concern that the term \u201cadjudicate\u201d could imply a formal legal process similar to proceedings before the PUC, including hearings, legal representation, and appeal rights. He suggested that this language might unintentionally grant broader authority than intended.", "Mr. Wimsatt agreed that clarification would be helpful. He said the committee clearly has authority to hold hearings and decide whether to issue a certificate, but its role in enforcement matters is less clear. He agreed that replacing \u201cadjudicate\u201d with more precise language, such as directing the committee to \u201caddress enforcement matters consistent with\u201d existing provisions could resolve the ambiguity."]}, {"who": "Representative Kelley Potenza, Strafford 19", "points": ["Representative Potenza noted that she has worked on this issue for many years and that her committee has spent significant time refining and strengthening the language based on past efforts.", "She expressed concern that the Department does not always have the full range of expertise needed to evaluate large, complex landfill proposals. She explained that this bill helps address that gap by incorporating outside experts into the review process.", "She also emphasized that the legislation is not intended to override or disrupt existing local contracts, underscoring the importance of securing buy-in from host communities.", "She pointed out that Waste Management, which operates the largest landfill in the state, supports the bill. She suggested that this reflects an understanding of the public benefit considerations involved.", "She had concerns about expanding government but argued that, in this case, a more structured and comprehensive process is both necessary and appropriate given the scale and impact of these facilities."], "member": {"label": "Representative Kelley Potenza", "party_code": "R", "slug": "kelley-potenza-straf-19"}}, {"who": "Henry Veilleux, Waste Management", "points": ["Senator Rosenwald asked about the difference between this bill and HB 707, specifically regarding whether the state would have the authority to override local contracts or local decision-making. She also asked how the landfill operator viewed that issue.", "Mr. Veilleux said that any future application process would continue to involve close coordination with host communities. He emphasized that the company has consistently worked with towns and cities and intends to maintain that approach moving forward."]}]}]}]}, {"when": "2026-05-07", "time": null, "what": "floor debate", "committee": "Senate", "venue": null, "video_id": "0LydHiwxZX0", "watch": "https://www.youtube.com/watch?v=0LydHiwxZX0&t=0s", "predicted": null, "start": 16246.9, "debate_end": 16624.7, "window_start": null, "motions": ["Refer to Interim Study"], "tallies": [], "state": "floor_stated", "candidate": null, "debate_start": 16246.9, "start_stated": true, "said_how": "number"}], "reports": [{"bill": "HB1189", "title": "establishing a solid waste site evaluation committee", "majority_recommendation": "OUGHT TO PASS WITH AMENDMENT", "minority_recommendation": null, "reports": [{"side": "Committee", "author": "Rep. Peter Bixby", "committee": "Environment and Agriculture", "vote_yeas": 12, "vote_nays": 0, "text": "While the regulatory review process in the New Hampshire Department of Environmental Services assesses the technical qualifications for major solid waste disposal permits, the process does not fully evaluate potentially significant statewide, regional, and local impacts. Recognizing this, the Governor proposed a solid waste site evaluation committee (SWSEC) in her budget. Our committee worked with House Finance to refine the Governor's proposal for inclusion in HB 2. The other body chose to take a substantially different approach to a SWSEC, and the SWSEC did not survive the committee of conference process. This bill is an improved version of the SWSEC proposal that was in the House version of HB 2. It establishes a procedure to evaluate the local, regional, and statewide benefits and burdens of a new major solid waste facility that are not captured by existing regulatory reviews, including noise, odor, aesthetics, local and regional economic impacts, property value impacts, nature and source of waste, need, impacts on tourism, recreation and traffic, and other similar impacts. This bill does not interfere with existing contracts between local governments and other entities and ensures that affected communities will have ample options for providing input on any proposed project. This bill establishes a preference for using expansions and redevelopment of brownfields for waste disposal over using greenfields. It advances the goal of maintaining adequate, reasonably priced, and environmentally protective disposal capacity for solid waste generated in New Hampshire."}], "source": "House Calendar 10, 2026", "date": "2026-03-03", "dated": "signed", "cite": "HC 10", "cite_url": "https://gc.nh.gov/house/calendars_journals/viewer.aspx?fileName=calendars%5C2026%5CNo10%20March%206%202026.pdf"}, {"bill": "HB1189", "body": "S", "title": "", "source": "Senate committee report, released 2026-04-29", "date": "2026-05-07", "dated": "signed", "calendar": "Regular Calendar", "majority_recommendation": "REFERRED TO INTERIM STUDY", "minority_recommendation": "", "reports": [{"side": "Committee", "author": "Senator Howard Pearl", "committee": "Energy and Natural Resources", "vote_yeas": 3, "vote_nays": 2, "amendment": "", "text": ""}], "cite": "SC 17", "cite_url": "https://gc.nh.gov/senate/calendars_journals/viewer.aspx?fileName=Calendars%5C2026%5CNo%2017%20April%2030%202026.pdf"}], "docket_reports": [], "report_actions": [], "veto_message": null, "bill_note": null, "subject": "Environment - Administration", "subject_source": "general court", "house_committee": "Environment and Agriculture", "senate_committee": "Energy and Natural Resources", "lsr": "2026-2520", "docket_url": "https://gc.nh.gov/bill_status/legacy/bs2016/bill_docket.aspx?lsr=2520&sy=2026&txtsessionyear=2026&txtbillnumber=hb1189&sortoption=billnumber", "documents": [{"label": "Bill text", "url": "https://gc.nh.gov/bill_status/legacy/bs2016/billText.aspx?id=1724&txtFormat=html&sy=2026", "kind": "text"}, {"label": "Bill status page", "url": "https://gc.nh.gov/bill_status/legacy/bs2016/Bill_status.aspx?lsr=2520&sy=2026&txtsessionyear=2026&txtbillnumber=hb1189&sortoption=billnumber", "kind": "status"}, {"label": "Docket", "url": "https://gc.nh.gov/bill_status/legacy/bs2016/bill_docket.aspx?lsr=2520&sy=2026&txtsessionyear=2026&txtbillnumber=hb1189&sortoption=billnumber", "kind": "docket"}, {"label": "HJ 1, page 9", "url": "https://gc.nh.gov/house/calendars_journals/viewer.aspx?fileName=journals%5C2026%5CHJ%2001%20January%207%2C%202026.pdf", "kind": "record"}, {"label": "HC 10, page 16", "url": "https://gc.nh.gov/house/calendars_journals/viewer.aspx?fileName=calendars%5C2026%5CNo10%20March%206%202026.pdf", "kind": "record"}, {"label": "HJ 7, page 25", "url": "https://gc.nh.gov/house/calendars_journals/viewer.aspx?fileName=journals%5C2026%5CHJ%2007%20March%2011%2C%202026.pdf", "kind": "record"}, {"label": "SJ 7", "url": "https://gc.nh.gov/senate/calendars_journals/Journals/2026/SJ%2007%20March%2026%2C%202026.PDF", "kind": "record"}, {"label": "SC 14", "url": "https://gc.nh.gov/senate/calendars_journals/viewer.aspx?fileName=Calendars%5C2026%5CNo%2014%20April%209%202026.pdf", "kind": "record"}, {"label": "SC 17", "url": "https://gc.nh.gov/senate/calendars_journals/viewer.aspx?fileName=Calendars%5C2026%5CNo%2017%20April%2030%202026.pdf", "kind": "record"}, {"label": "SJ 11", "url": "https://gc.nh.gov/senate/calendars_journals/Journals/2026/SJ%2011%20May%207%2C%202026.PDF", "kind": "record"}], "amendments": [{"num": "2026-0965h", "kind": "Committee Amendment", "where": "committee", "date": "2026-03-11", "body": "H", "adopted": true, "vote_kind": "VV", "mover": "", "proposed_by": "the Committee on Environment and Agriculture", "text": "Amend the bill by replacing all after the enacting clause with the following: 1 New Subdivision; Solid Waste Site Evaluation Committee. Amend RSA 149-M by inserting after section 64 the following new subdivision: Solid Waste Site Evaluation Committee 149-M:65 Declaration of Purpose. I. The legislature and the executive branch recognize that the selection of sites for major solid waste disposal facilities may have significant statewide, regional, and local impacts that are not fully evaluated through existing regulatory review. II. Accordingly, the general court finds that it is in the public interest to establish a procedure to evaluate the local, regional, and statewide benefits and burdens of a new major solid waste facility that are not captured by existing regulatory reviews, including noise, odor, aesthetics, local and regional economic impacts, property value impacts, nature and source of waste, need, impacts on tourism, recreation and traffic, and other similar impacts. III. Furthermore, the general court recognizes there is a compelling state interest in maintaining adequate, reasonably priced, and environmentally protective disposal capacity for solid waste generated in New Hampshire. IV. The general court prefers that new landfill capacity be developed in expansions of existing permitted landfills or brownfield sites instead of on greenfield sites. 149-M:66 Definitions. In this subdivision: I. \"Acceptance\" means a determination by the committee that it finds that the application is complete and ready for consideration. II. \"Administrator\" means the administrator of the site evaluation committee established pursuant to RSA 162-H:3-a. III. \"Affected municipality\" means any municipality or unincorporated place in which any part of a major solid waste disposal facility is proposed to be located and any municipality or unincorporated place from which any part of the proposed major solid waste disposal facility will be visible or audible, including off-site traffic impacts. IV. \"Certificate\" means the document issued by the committee, containing such terms and conditions as the committee deems appropriate, that authorizes the applicant to proceed with the proposed site and facility. V. \"Commence construction\" means any clearing of the land, excavation or other substantial action that would result in long-term impacts to the site of the proposed facility, but does not include land surveying, optioning or acquiring land or rights in land, changes desirable for temporary use of the land for public recreational uses, necessary subsurface explorations to determine hydrogeologic and soil conditions, work required as part of an application to any federal, state, or local authority, or other preconstruction monitoring or testing to establish background information related to the suitability of the site for the proposed use. VI. \"Committee\" means the solid waste evaluation committee established by this subdivision. VII. \"Department\" means the department of environmental services. VIII. \"Major solid waste disposal facility\" means a location, system, or physical structure for the collection, separation, storage, transfer, processing, treatment, or disposal of solid waste with a proposed waste acceptance rate greater than 100,000 tons per year. \"Major solid waste disposal facility\" does not include a facility designed to manage food waste in accordance with RSA 149-M:27, V(b)(1)-(5), or any facility proposed to be constructed by a New Hampshire municipal government. IX. \"Filing\" means the date on which the application is first submitted to the committee. X. \"Person\" means any individual, group, firm, partnership, corporation, cooperative, municipality, political subdivision, government agency, or other organization. 149-M:67 Solid Waste Evaluation Committee Established. I. There is hereby established a committee to be known as the New Hampshire solid waste site evaluation committee consisting of 7 members, as follows: (a) The chairperson of the waste management council established under RSA 21-O:9. who shall serve as chairperson of the committee. If there is an appeal pending before the waste management council related to the major solid waste disposal facility, then the chairperson of the wetlands council, water council, or air resources council established under RSA 21-O, selected by the commissioner of the department, shall serve on the committee and as chairperson of the committee. (b) The commissioner of the department of business and economic affairs, or designee. (c) The commissioner of the department of environmental services, or designee. (d) Four members and, when required by RSA 149-M:68, an alternate member, appointed by the governor with the consent of the executive council, including a member who serves on a local conservation commission, a member who has expertise in the private waste management industry, a member with expertise in municipal planning and one with expertise or experience in environmental protection, health, or science. (e) At any given time, there shall not be more than 2 members of the committee with current or past employment, contract work, or consulting services in the private waste management industry. (f) No member of the committee may be an employee or contractor of an entity that owns or operates an existing or planned major solid waste disposal facility or an entity that has applied to own or operate a major solid waste disposal facility. II. All members, including those who sit for a member recused under RSA 149-M:68, shall refrain from ex parte communications regarding any matter pending before the committee. A majority of the members of the committee shall constitute a quorum for the purpose of conducting the committee's business. III. The committee shall be administratively attached to the department of environmental services. IV. The chairperson shall serve as the chief executive of the committee and may: (a) Serve as presiding officer. (b) Delegate to other members the duties of the presiding officer, as appropriate. (c) Establish, with the consent of the committee, the budgetary requirements of the committee. (d) Engage personnel in accordance with this chapter. V. The presiding officer may appoint a hearing officer to perform the functions described in RSA 149- M:70, V. 149-M:68 Members Appointed By The Governor With The Consent Of Council. I. Members and alternate members appointed under RSA 149-M:67, I(c) and (d) shall serve 4-year terms and until their successors are appointed and qualified. Any member chosen to fill a vacancy occurring other than by expiration of a term shall be appointed for the unexpired term of the member who is succeeded. II. If at any time the member appointed by the governor with the consent of the executive council must recuse himself or herself from a matter before the committee or is not otherwise available for good reason, the alternate member shall replace such member. III. No member nor any member of his or her family shall receive income from entities that own or operate, or have applied to own or operate, major solid waste disposal facilities in New Hampshire. The members appointed by the governor with the consent of the executive council and their alternates shall comply with RSA 15-A and RSA 15-B. IV. Any member appointed by the governor with the consent of the executive council may be removed from office in accordance with RSA 4:1. 149-M:69 Administrator and Other Committee Support. The administrator shall provide support to the committee. If the administrator is not available or the position is vacant, the committee may hire an inde- pendent contractor at the expense of the applicant. The administrator shall be under the supervision of the chairperson when performing duties for the committee. The administrator shall be compensated for work performed for the committee as set forth in RSA 149-M:85. The administrator, or chairperson in the absence of an administrator, with committee approval, may engage additional technical, legal, or administrative support to fulfill the functions of the committee as necessary. 149-M:70 Powers and Duties of the Committee; Rules. I. The committee shall: (a) Evaluate and issue any certificate under this chapter for a major solid waste disposal facility. (b) Determine the terms and conditions of any certificate issued under this chapter. (c) Adjudicate enforcement matters. (d) Assist the public in understanding the requirements of this chapter. (e) Deny applications for a certificate based on such findings and rulings as may be necessary to support its decision to deny. (f) Execute the general court's stated preference that new landfill capacity shall be based on need and shall only be developed in accordance with RSA 149-M:65, IV. II. The committee shall hold hearings as required by this chapter and such additional hearings as it deems necessary and appropriate and, in addition to the requirements under RSA 91-A, ensure adequate and timely public notice of no less than 7 calendar days. III. The committee may delegate to the administrator or such state agency or official as it deems appropriate the authority to specify the use of any technique, methodology, practice, or procedure approved by the committee within a certificate issued under this chapter, or the authority to specify minor changes in the major solid waste disposal facility configuration to the extent that such changes are authorized by the certificate for those portions of a proposed major solid waste disposal facility project. IV. The committee shall not delegate its authority or duties except as provided under this subdivision. V. In any matter before the committee, the presiding officer, or a hearing officer designated by the presiding officer, may hear and decide procedural matters that are before the committee, including procedural schedules, consolidation of parties with substantially similar interests, discovery schedules and motions, and identification of significant disputed issues for hearing and decision by the committee. Undisputed petitions for intervention may be decided by the hearing officer and disputed petitions shall be decided by the presiding officer. Any party aggrieved by a decision on a petition to intervene may within 10 calendar days request that the committee review such decision. Other procedural decisions may be reviewed by the committee at its discretion. VI. The committee shall issue such rules to administer this chapter, pursuant to RSA 541-A, after public notice and hearing, as may from time to time be required. 149-M:71 Prohibitions and Restrictions. I. No person shall commence construction of any major solid waste disposal facility within the state unless it has obtained a certificate pursuant to this chapter. Such facilities shall be constructed, operated, and maintained in accordance with the terms of the certificate and any other federal, state, or local permits or approvals. Such certificates are not required for changes or additions to existing facilities unless they propose an increase in existing permitted annual throughput of greater than or equal to 50,000 tons per year. Such a certificate shall not be transferred or assigned without approval of the committee. Unless otherwise specified in this chapter, any approved major solid waste facility shall not be constructed, operated, or closed in a manner materially different than the manner in which it was presented in the application for a certificate as modified and conditioned by such certificate. II. Notwithstanding RSA 541-A:29 or any other law to the contrary, an application for a certificate from the committee shall be approved or denied by the committee prior to final decisions on all other state agency permit applications. Applications for certificates may be filed and evaluated by the committee concurrently with other state approvals and public hearings may be scheduled concurrently with hearings held by other state agencies as part of their permitting process for the same facility. III. Notwithstanding paragraph II, for facilities under review by the department for a permit on or prior to July 1, 2026, an application for a certificate from the committee shall be approved or denied after other state agency approvals have been obtained. The committee need not assess technical questions already considered by other states or federal agencies, but shall take into account the conclusions of these analyses, including permit terms and conditions, in its approval or denial of the certificate. The committee may also take into account independent analyses in its process of approval or denial of the certificate. 149-M:72 Application for Certificate. I. All applications for a certificate for a major solid waste disposal facility shall be filed with the administrator or the chair of the committee. II. Upon filing of an application, the chairperson or designated presiding officer shall expeditiously conduct a preliminary review to ascertain if the application contains sufficient information to carry out the purposes of this chapter. If the application does not contain such sufficient information, the chairperson or designated presiding officer shall, in writing, expeditiously notify the applicant of that fact and specify what information the applicant must supply. III. To carry out the committee's duties in RSA 149-M:70, each application shall: (a) Describe in reasonable detail the types and quantities of waste and their characteristics proposed to be accepted and size of each major part of the proposed facility. (b) Describe in reasonable detail the source of waste to be accepted and if there is a preference for waste originating within the state of New Hampshire. (c) Describe how the proposed facility satisfies the criteria listed under RSA 149-M:11, III. (d) Identify both the applicant's preferred choice and other alternatives it considers available for the site and configuration of each major part of the proposed facility and the reasons for the applicant's preferred choice. (e) Describe in reasonable detail the impact of each major part of the proposed facility on existing local, regional, and state land uses. (f) Document that written notification of the proposed project, including appropriate copies of the application, has been given to the appropriate governing body of each affected municipality, as defined in RSA 149-M:66, III. The application shall include a list of the affected municipalities. (g) Provide analysis on the local, regional, and statewide visual impact of the proposed facility during construction, operation, and post-closure and the visual impacts as evaluated through a visual impact assessment prepared in accordance with professional standards by an expert in the field. (h) Provide information in reasonable detail about the impacts on local, regional and state property values, human health, tourism, outdoor recreation, wildlife, traffic, noise, and odor by the proposed facility. These analyses shall be conducted in accordance with professional standards by an expert in these fields. (i) Provide a reasonable amount of information relative to how new contaminants of concern not regulated by a permit issued by the department will be monitored, evaluated, and managed over the proposed life of the facility. (j) Provide a reasonable amount of information relative to the potential economic harms of the proposed project on the local area, affected municipalities, the region, the state, and potential infrastructure deterioration. (k) Provide a reasonable amount of information relative to the potential economic benefits of the proposed project on the local area, affected municipalities, the region, the state, and potential infrastructure improvements. (l) Provide such additional information as the committee may require or request to carry out the purpose of this chapter. IV. To the extent any information provided in the application was submitted and considered by a state agency as part of its permitting evaluation and decision under RSA 149-M:71, III, the applicant shall specify what information was so considered and the statutory and regulatory authority for that agency's consideration of the information. V. For all information submitted with the application that was prepared by an outside consultant or expert, the applicant shall submit the qualifications of such consultants or experts to prepare such information. VI. The committee shall require the applicant to hire an independent third party at the expense of the applicant and agreed upon by the committee in consultation with the municipality where the facility is proposed to be located, to peer review any assessments provided under this section. VII. The chairperson or designated presiding officer shall decide whether to accept the application as administratively complete within 60 days of filing. If the chairperson or designated presiding officer rejects an application because it determines it to be administratively incomplete, the applicant may choose to file a new and more complete application or cure the defects in the rejected application within 10 days of receipt of notification of rejection. VIII. Public information sessions shall be held in accordance with RSA 149-M:76. IX. Within 180 days of the acceptance of an application, the committee shall issue or deny a certificate for the proposed major solid waste disposal facility. X. The applicant shall immediately inform the committee of any substantive modification to its application. XI. The committee may request that state agencies with relevant technical expertise participate in committee proceedings. XII. The department shall conduct a review of the application information submitted pursuant to RSA 149-M:72, III(c) to determine whether the facility has demonstrated that it satisfies the criteria in RSA 149- M:11, III. Such review shall be conducted in accordance with RSA 149-M:11. The department shall report its findings to the committee in order to inform the committee's decision on the application. XIII. The committee may deny a certificate based upon the department's findings in relation to RSA 149-M:11, III. XIV. The committee may deny a certificate based upon the criteria in RSA 149-M:9, IX. XV. A state agency may intervene as a party in any committee proceeding in the same manner as other persons under RSA 541-A. 149-M:73 Disclosure of Ownership. Any application for a certificate, or for change in ownership and transfer of certificate, shall be signed and sworn to by the person or executive officer of the association or corporation making such application and shall contain the following information: I. Full name and address of the person, association, or corporation. II. If an association or limited liability company, the name of the state under which it was formed and the names and residences of the members of the association or limited liability company. III. If a corporation, the name of the state under which it is incorporated with its principal place of business and the names and addresses of its directors, officers, and stockholders. IV. If doing business in a form other than as an association, limited liability company, or corporation, the form of the business, the name of the state under which it was formed, and the names and residences of anyone with a financial, ownership, or control interest in the organization. V. The location or locations where an applicant is to conduct its business. VI. A statement of assets and liabilities of the applicant and other relevant financial information of such applicant. VII. The committee shall administratively approve changes of ownership and transfers of certificates within 90 days of a petition if it determines the new certificate holder has adequate financial, technical, and managerial capability to assure construction and operation of the facility in continuing compliance with the terms and conditions of the certificate and any federal, state, and local permits. 149-M:74 Application and Filing Fees. I. A person filing with the committee an application for a certificate for a major solid waste disposal facility shall pay to the committee at the time of filing a fee determined in accordance with the fee schedule described in paragraph II. If an application for a certificate for a major solid waste disposal facility is deemed incomplete pursuant to RSA 149-M:72, VII, and a new application is submitted thereunder, the unused portion of the initial application fee shall be refunded to the applicant or credited to the filing of the new application. The committee may in its discretion provide for a credit or refund in other circumstances that are unforeseen by the applicant. II. The fees under paragraph I shall be determined in accordance with a fee schedule posted by the committee on its website, which shall include the following amounts: (a) Application fee for a major solid waste disposal facility: $20,000 base charge and $1,000 per additional 10,000 tons/year throughput in excess of 100,000 tons per year. (b) Filing fees for administrative proceedings: (1) Petition for committee jurisdiction: $500. (2) Certificate transfer of ownership: $1,000. (3) Request to modify a certificate: $1,000. III. All fee charges shall be deposited in the solid waste evaluation committee fund established in RSA 149-M:84 and shall be nonlapsing and accounted for as a separate line item. IV. The committee shall review and evaluate the application fees and filing fees in the fee schedule in subparagraphs II(a) and (b) at least once each year. The committee may increase any amount in the fee schedule by no more than the increase in the consumer price index from the prior year, provided that any such increase shall occur not more frequently than once during any 12-month period. Modifications to the fee schedule shall be posted on the committee website, with a link prominently displayed on the home page. V. If the committee determines the cost of committee proceedings for an application significantly exceed the filing fees paid by the applicant for that application, the additional cost shall be borne by the applicant or certificate holder in such amount as may be approved by the committee. 149-M:75 Counsel for the Public. I. An application for a certificate under this subdivision shall be served contemporaneously by the applicant upon the attorney general. Upon receipt of such an application, the attorney general shall appoint an assistant attorney general as counsel for the public in connection with the committee's consideration of the application. Counsel for the public shall be deemed to represent the public as a party to the proceedings before the committee. II. This section shall not be construed to prevent any person from being heard or represented by counsel; provided, however, the committee may compel consolidation of representation for such persons as have, in the committee's reasonable judgment, substantially identical interests. 149-M:76 Public Hearing; Studies. I. Notice of any project for which an application for a certificate has been submitted shall be issued pursuant to RSA 36:56, III. II. At least 30 days prior to filing an application for a certificate, an applicant shall hold at least one public information session in the affected municipality where the proposed facility is to be located. This session may be held concurrently with a public session held as a requirement of any other state permit or approval. III. The committee may order the applicant to provide such additional public information sessions in affected municipalities as are reasonable to inform the public of the proposed project. IV. Within 90 days after acceptance of an application for a certificate, the committee shall hold at least one public information session in each municipality where the proposed facility is proposed to be located. V. Subsequent public hearings shall be in the nature of adjudicative proceedings under RSA 541-A and shall be held in the municipality in which the proposed facility is to be located or in Concord, New Hampshire, as determined by the committee. The committee shall give adequate public notice of the time and place of each subsequent hearing. VI. The committee shall adopt rules regarding the timing and method of notices for public information sessions and public hearings, and any other requirements regarding such sessions and hearings. VII. The committee shall consider and weigh all evidence presented at public hearings and shall consider and weigh written information and reports submitted to it by members of the public prior to the closing of the record of the proceeding. The committee shall provide an opportunity at one or more public hearings for comments from the governing body of each affected municipality and residents of each affected municipality. The committee shall consider, as appropriate, prior committee findings and rulings on the same or similar subject matters, but shall not be bound thereby. VIII. The solid waste evaluation committee shall require from the applicant whatever information it deems necessary to assist in the conduct of the hearings, and any investigation or studies it may undertake, and in the determination of the terms and conditions of any certificate under consideration. IX. The committee and counsel for the public shall conduct such reasonable studies and investigations as they deem necessary or appropriate to carry out the purposes of this chapter and may employ a consultant or consultants, legal counsel, and other staff in furtherance of the duties imposed by this chapter, the cost of which shall be borne by the applicant or certificate holder in such amount as may be approved by the committee. The committee and counsel for the public are further authorized to assess the applicant or certificate holder for all travel and related expenses associated with the processing of an application or other proceedings under this chapter. X. Times for conducting public hearings and rendering a decision on the application may be extended for good cause upon written request of the applicant. 149-M:77 Judicial Review. Decisions made pursuant to this chapter shall be appealed in accordance with RSA 541. 149-M:78 Monitoring and Enforcement. I. The department shall monitor the construction and operation of any major solid waste disposal facility granted a certificate under this chapter, after all other subsequent approvals are obtained, to ensure compliance with such certificate and enforce the terms and conditions of any such certificate. With the exception of the authority retained by the state agencies in accordance with paragraph V, the department may delegate the authority to monitor the construction or operation of any major solid waste disposal facility granted a certificate under this chapter to such state agency or official as it deems appropriate but shall ensure that the terms and conditions of the certificate are met. Any authorized representative or delegate of the department shall have a right of entry onto the premises of any part of the solid waste generation facility to ascertain if the facility is being constructed or operated in continuing compliance with the terms and conditions of the certificate. During normal hours of business administration and on the premises of the facility, such a representative or delegate shall also have a right to inspect such records of the certificate holder as are relevant to the terms or conditions of the certificate. II. Whenever the department administratively determines, on its own or in response to a complaint, that any term or condition of any certificate issued under this chapter or prior law is being violated, it shall, in writing, notify the certificate holder of the specific violation and order the person to immediately terminate the violation. If, 15 days after receipt of the order, the person has failed or neglected to terminate the violation, the department shall notify the committee, which may suspend the person's certificate. In addition to suspension, if, after 15 days of receipt of the order, the person has failed or neglected to terminate the violation, the committee may impose a fine not to exceed $5,000 per day until the violation is corrected. Except for emergencies, prior to any suspension or imposition of a fine, the committee shall give written notice of its consideration of suspension or imposition of a fine and of its reasons therefor and shall provide opportunity for a prompt hearing. III. In addition to other remedies provided in this chapter, upon petition of the department, the committee may suspend a certificate if the committee determines that a person has made a material misrepresentation in the application, or in the supplemental or additional statements of fact, or studies required of the applicant, or if the committee determines that the person has violated the provisions of this chapter, or any rule adopted under this chapter. Except for emergencies, prior to any suspension, the committee shall give written notice of its consideration of suspension and of its reasons therefor and shall provide an opportunity for a prompt hearing. IV. Upon petition of the department, the committee may revoke any certificate that is suspended after the person holding the suspended certificate has been given at least 90 days' written notice of the committee's consideration of revocation and of its reasons therefor and has been provided an opportunity for a full hearing. V. Notwithstanding any other provision of this chapter, each state agency having permitting or other regulatory authority shall retain all of its powers and duties of enforcement. VI. The full amount of costs and expenses incurred by the department and committee in connection with any enforcement action against a person holding a certificate, in which the person is determined to have violated any provision of this chapter, any rule adopted by the department or committee, or any of the terms and conditions of the issued certificate, shall be assessed to the person and shall be paid by the person to the committee. Any amounts paid by a person to the committee pursuant to this paragraph shall be deposited in the solid waste evaluation committee fund established in RSA 149-M:84. VII. The department may adopt rules in furtherance of its monitoring and enforcement responsibilities under this chapter. 149-M:79 Records. Complete verbatim records shall be kept by the committee of all hearings, and records of all other actions, proceedings, and correspondence of the committee, including submittals of information and reports by members of the public, shall be maintained, all of which records shall be open to the public inspection and copying as provided for under RSA 91-A. Committee records regarding pending applications for a certificate shall also be made available on the committee's website unless such records were submitted under seal and are exempt from public disclosure under RSA 91-A. 149-M:80 Temporary Suspension of Deliberations. If the committee, at any time while an application for a certificate is before it, deems it to be in the public interest, it may temporarily suspend its deliberations and time frames established under this chapter. 149-M:81 Findings and Certificate Issuance. I. Any certificate issued by the committee shall be based on the record. The decision to issue a certificate in its final form or to deny an application once it has been accepted shall be made by a majority of the committee. II. The committee may consult with interested regional agencies and agencies of border states in the consideration of certificates. III. After due consideration of all relevant information regarding the potential siting, including potential significant impacts and benefits, the committee shall determine if issuance of a certificate will serve the objectives of this chapter. In order to issue a certificate, the committee shall find that: (a) The applicant has adequate financial, technical, and managerial capability to assure construction, operation, and closure of the facility in continuing compliance with the terms and conditions of the certificate. (b) The facility will not unduly interfere with the orderly development of the region with due consideration having been given to the views of municipal and regional planning commissions and municipal governing bodies. (c) The facility satisfies the criteria in RSA 149-M:11, III. (d) The public benefit of the facility to the region shall outweigh any adverse impact of the facility on human health, aesthetics, historic preservation, economic impacts to the region, tourism, outdoor recreation, regional and statewide business development, wildlife, noise, odor, traffic and transportation impacts, existing land uses, including property values, characteristics and source of waste, and any other impacts assessed as part of the application pursuant to RSA 149-M:72, III. (e) Issuance of a certificate will serve the public interest of the citizens of New Hampshire. IV. The committee shall issue an order granting or denying a certificate. Such order shall summarize and address issues of concern expressed during public information sessions and hearings to ensure that the public's voice has been heard and recorded. V. A certificate of site and facility may contain such reasonable terms and conditions, including, but not limited to the authority to require bonding, as the committee deems necessary. Such certificates, when issued, shall be final and subject only to judicial review. VI. The committee shall condition the certificate upon the results of applicable federal and state approvals or appeal processes and required federal and state agency studies whose study period exceeds the application period. 149-M:82 Penalties. I. Any construction or operation of major solid waste disposal facilities without first obtaining a certificate from the committee, or any material violation of the terms and conditions of a certificate issued by the committee, shall be subject to a civil penalty not to exceed $10,000 for each violation or for each day of a continuing violation. Such violation may also be enjoined by the superior court upon application of the attorney general. II. Whoever purposely or knowingly commits any violation of any provision of this section shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. 149-M:83 Severability. If any provision of this chapter, or application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end, the provisions of this chapter are severable. 149-M:84 Fund Established; Funding Plan. There is hereby established in the office of the state treasurer a nonlapsing, special fund to be known as the solid waste evaluation committee fund. All application and other filing fees received by the committee under this chapter shall be deposited in the fund. All moneys in the fund shall be continually appropriated to the committee and shall be used to pay for operating costs of the committee and the partial salary of the administrator. If the administrator position is vacant, the fund may be used to pay an independent contractor to perform those duties. Notwithstanding any other provision of law, the committee may engage the department for additional technical, legal, or administrative support to fulfill the requirements of this chapter, the cost of which shall be charged directly to the applicant or major solid waste disposal facility owner. 149-M:85 Compensation and Reimbursement. I. The public members of the committee shall be compensated for all time spent on committee business, including compensation and reimbursement for major solid waste disposal facility proceeding time and expenses. Compensation shall be provided on a pro rata basis, based upon the daily salary rate of an unclassified position at the initial step in grade FF under RSA 94:1-a, I(a). II. State agencies represented on the committee shall be reimbursed for major solid waste disposal facility proceeding time and expenses incurred by their respective members or designees, except that time spent for the first 5 full days of their participation with respect to any application or other proceeding concerning a major solid waste disposal facility shall not be subject to reimbursement. The rate of reimbursement to each respective agency shall be based on a pro rata share of the employee's salary, benefits, and related costs. III The department of justice shall be reimbursed in the same manner as described in paragraph II for major solid waste disposal facility proceeding time and expenses that are incurred by the counsel for the public. IV. All persons or agencies seeking compensation or reimbursement under this section shall keep detailed time and expense records which shall be submitted to the chairperson or administrator and used to determine the amount of compensation or reimbursement. The chairperson or administrator shall develop a record keeping system and accounting and payment procedures. V. Compensation shall not be provided to members of the committee for initial meetings conducted prior to acceptance of application fees. The department shall provide support for the adoption of rules established by the committee. 149-M:86 Solid Waste Permit Applications Suspended. The department shall not issue any permit approvals that authorize new capacity for major solid waste disposal facilities until rules are adopted by the committee or until July 1, 2027, whichever is later. 2 New Subparagraph; Solid Waste Evaluation Committee Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (410) the following new subparagraph: (411) Moneys deposited in the solid waste evaluation committee fund as established in RSA 149-M:84. 3 Effective Date. This act shall take effect 60 days after its passage.", "source": "HC010.pdf", "targets": ["the whole bill", "section 64"], "supersedes": []}], "billtext": {"version": "AS AMENDED BY THE HOUSE", "title": "AN ACT establishing a solid waste site evaluation committee.", "analysis": "This bill establishes a solid waste site evaluation committee.", "fiscal": {"lead": "", "tables": [{"caption": "Estimated State Impact", "years": ["FY 2026", "FY 2027", "FY 2028", "FY 2029"], "rows": [{"label": "Revenue", "values": ["$0", "$0", "$10,000 to $150,000", "$10,000 to $150,000"], "span": false}, {"label": "Revenue Fund(s)", "values": ["Solid Waste Evaluation Committee Fund"], "span": true}, {"label": "Expenditures*", "values": ["$0", "$0", "Indeterminable Increase $10,000 to $150,000", "Indeterminable Increase $10,000 to $150,000"], "span": false}, {"label": "Funding Source(s)", "values": ["Solid Waste Evaluation Committee Fund"], "span": true}, {"label": "Appropriations*", "values": ["$0", "$0", "$0", "$0"], "span": false}, {"label": "Funding Source(s)", "values": ["None"], "span": true}], "footnote": "*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill"}, {"caption": "Estimated Political Subdivision Impact", "years": ["FY 2026", "FY 2027", "FY 2028", "FY 2029"], "rows": [{"label": "County Revenue", "values": ["$0", "$0", "$0", "$0"], "span": false}, {"label": "County Expenditures", "values": ["$0", "$0", "Indeterminable"], "span": true}, {"label": "Local Revenue", "values": ["$0", "$0", "$0", "$0"], "span": false}, {"label": "Local Expenditures", "values": ["$0", "$0", "Indeterminable"], "span": true}]}]}, "body": "11Mar2026... 0965h 26-2520\n08/09\nBe it Enacted by the Senate and House of Representatives in General Court convened:\n1 New Subdivision; Solid Waste Site Evaluation Committee. Amend RSA 149-M by inserting after section 64 the following new subdivision:\nSolid Waste Site Evaluation Committee\n149-M:65 Declaration of Purpose.\nI. The legislature and the executive branch recognize that the selection of sites for major solid waste disposal facilities may have significant statewide, regional, and local impacts that are not fully evaluated through existing regulatory review.\nII. Accordingly, the general court finds that it is in the public interest to establish a procedure to evaluate the local, regional, and statewide benefits and burdens of a new major solid waste facility that are not captured by existing regulatory reviews, including noise, odor, aesthetics, local and regional economic impacts, property value impacts, nature and source of waste, need, impacts on tourism, recreation and traffic, and other similar impacts.\nIII. Furthermore, the general court recognizes there is a compelling state interest in maintaining adequate, reasonably priced, and environmentally protective disposal capacity for solid waste generated in New Hampshire.\nIV. The general court prefers that new landfill capacity be developed in expansions of existing permitted landfills or brownfield sites instead of on greenfield sites.\n149-M:66 Definitions. In this subdivision:\nI. \u201cAcceptance\u201d means a determination by the committee that it finds that the application is complete and ready for consideration.\nII. \u201cAdministrator\u201d means the administrator of the site evaluation committee established pursuant to RSA 162-H:3-a.\nIII. \u201cAffected municipality\u201d means any municipality or unincorporated place in which any part of a major solid waste disposal facility is proposed to be located and any municipality or unincorporated place from which any part of the proposed major solid waste disposal facility will be visible or audible, including off-site traffic impacts.\nIV. \u201cCertificate\u201d means the document issued by the committee, containing such terms and conditions as the committee deems appropriate, that authorizes the applicant to proceed with the proposed site and facility.\nV. \u201cCommence construction\u201d means any clearing of the land, excavation or other substantial action that would result in long-term impacts to the site of the proposed facility, but does not include land surveying, optioning or acquiring land or rights in land, changes desirable for temporary use of the land for public recreational uses, necessary subsurface explorations to determine hydrogeologic and soil conditions, work required as part of an application to any federal, state, or local authority, or other preconstruction monitoring or testing to establish background information related to the suitability of the site for the proposed use.\nVI. \u201cCommittee\u201d means the solid waste evaluation committee established by this subdivision.\nVII. \u201cDepartment\u201d means the department of environmental services.\nVIII. \u201cMajor solid waste disposal facility\u201d means a location, system, or physical structure for the collection, separation, storage, transfer, processing, treatment, or disposal of solid waste with a proposed waste acceptance rate greater than 100,000 tons per year. \"Major solid waste disposal facility\" does not include a facility designed to manage food waste in accordance with RSA 149-M:27, V(b)(1)-(5), or any facility proposed to be constructed by a New Hampshire municipal government.\nIX. \u201cFiling\u201d means the date on which the application is first submitted to the committee.\nX. \u201cPerson\u201d means any individual, group, firm, partnership, corporation, cooperative, municipality, political subdivision, government agency, or other organization.\n149-M:67 Solid Waste Evaluation Committee Established.\nI. There is hereby established a committee to be known as the New Hampshire solid waste site evaluation committee consisting of 7 members, as follows:\n(a) The chairperson of the waste management council established under RSA 21-O:9. who shall serve as chairperson of the committee. If there is an appeal pending before the waste management council related to the major solid waste disposal facility, then the chairperson of the wetlands council, water council, or air resources council established under RSA 21-O, selected by the commissioner of the department, shall serve on the committee and as chairperson of the committee.\n(b) The commissioner of the department of business and economic affairs, or designee.\n(c) The commissioner of the department of environmental services, or designee.\n(d) Four members and, when required by RSA 149-M:68, an alternate member, appointed by the governor with the consent of the executive council, including a member who serves on a local conservation commission, a member who has expertise in the private waste management industry, a member with expertise in municipal planning and one with expertise or experience in environmental protection, health, or science.\n(e) At any given time, there shall not be more than 2 members of the committee with current or past employment, contract work, or consulting services in the private waste management industry.\n(f) No member of the committee may be an employee or contractor of an entity that owns or operates an existing or planned major solid waste disposal facility or an entity that has applied to own or operate a major solid waste disposal facility.\nII. All members, including those who sit for a member recused under RSA 149-M:68, shall refrain from ex parte communications regarding any matter pending before the committee. A majority of the members of the committee shall constitute a quorum for the purpose of conducting the committee\u2019s business.\nIII. The committee shall be administratively attached to the department of environmental services.\nIV. The chairperson shall serve as the chief executive of the committee and may:\n(a) Serve as presiding officer.\n(b) Delegate to other members the duties of the presiding officer, as appropriate.\n(c) Establish, with the consent of the committee, the budgetary requirements of the committee.\n(d) Engage personnel in accordance with this chapter.\nV. The presiding officer may appoint a hearing officer to perform the functions described in RSA 149-M:70, V.\n149-M:68 Members Appointed By The Governor With The Consent Of Council.\nI. Members and alternate members appointed under RSA 149-M:67, I(c) and (d) shall serve 4-year terms and until their successors are appointed and qualified. Any member chosen to fill a vacancy occurring other than by expiration of a term shall be appointed for the unexpired term of the member who is succeeded.\nII. If at any time the member appointed by the governor with the consent of the executive council must recuse himself or herself from a matter before the committee or is not otherwise available for good reason, the alternate member shall replace such member.\nIII. No member nor any member of his or her family shall receive income from entities that own or operate, or have applied to own or operate, major solid waste disposal facilities in New Hampshire. The members appointed by the governor with the consent of the executive council and their alternates shall comply with RSA 15-A and RSA 15-B.\nIV. Any member appointed by the governor with the consent of the executive council may be removed from office in accordance with RSA 4:1.\n149-M:69 Administrator and Other Committee Support. The administrator shall provide support to the committee. If the administrator is not available or the position is vacant, the committee may hire an independent contractor at the expense of the applicant. The administrator shall be under the supervision of the chairperson when performing duties for the committee. The administrator shall be compensated for work performed for the committee as set forth in RSA 149-M:85. The administrator, or chairperson in the absence of an administrator, with committee approval, may engage additional technical, legal, or administrative support to fulfill the functions of the committee as necessary.\n149-M:70 Powers and Duties of the Committee; Rules.\nI. The committee shall:\n(a) Evaluate and issue any certificate under this chapter for a major solid waste\ndisposal facility.\n(b) Determine the terms and conditions of any certificate issued under this chapter.\n(c) Adjudicate enforcement matters.\n(d) Assist the public in understanding the requirements of this chapter.\n(e) Deny applications for a certificate based on such findings and rulings as may be\nnecessary to support its decision to deny.\n(f) Execute the general court's stated preference that new landfill capacity shall be based on need and shall only be developed in accordance with RSA 149-M:65, IV.\nII. The committee shall hold hearings as required by this chapter and such additional hearings as it deems necessary and appropriate and, in addition to the requirements under RSA 91-A, ensure adequate and timely public notice of no less than 7 calendar days.\nIII. The committee may delegate to the administrator or such state agency or official as it deems appropriate the authority to specify the use of any technique, methodology, practice, or procedure approved by the committee within a certificate issued under this chapter, or the authority to specify minor changes in the major solid waste disposal facility configuration to the extent that such changes are authorized by the certificate for those portions of a proposed major solid waste\ndisposal facility project.\nIV. The committee shall not delegate its authority or duties except as provided under this subdivision.\nV. In any matter before the committee, the presiding officer, or a hearing officer designated by the presiding officer, may hear and decide procedural matters that are before the committee, including procedural schedules, consolidation of parties with substantially similar interests, discovery schedules and motions, and identification of significant disputed issues for hearing and decision by the committee. Undisputed petitions for intervention may be decided by the hearing officer and disputed petitions shall be decided by the presiding officer. Any party aggrieved by a decision on a petition to intervene may within 10 calendar days request that the committee review such decision. Other procedural decisions may be reviewed by the committee at its discretion.\nVI. The committee shall issue such rules to administer this chapter, pursuant to RSA 541-A, after public notice and hearing, as may from time to time be required.\n149-M:71 Prohibitions and Restrictions.\nI. No person shall commence construction of any major solid waste disposal facility within the state unless it has obtained a certificate pursuant to this chapter. Such facilities shall be constructed, operated, and maintained in accordance with the terms of the certificate and any other federal, state, or local permits or approvals. Such certificates are not required for changes or additions to existing facilities unless they propose an increase in existing permitted annual throughput of greater than or equal to 50,000 tons per year. Such a certificate shall not be transferred or assigned without approval of the committee. Unless otherwise specified in this chapter, any approved major solid waste facility shall not be constructed, operated, or closed in a manner materially different than the manner in which it was presented in the application for a certificate as modified and conditioned by such certificate.\nII. Notwithstanding RSA 541-A:29 or any other law to the contrary, an application for a certificate from the committee shall be approved or denied by the committee prior to final decisions on all other state agency permit applications. Applications for certificates may be filed and evaluated by the committee concurrently with other state approvals and public hearings may be scheduled concurrently with hearings held by other state agencies as part of their permitting process for the same facility.\nIII. Notwithstanding paragraph II, for facilities under review by the department for a permit on or prior to July 1, 2026, an application for a certificate from the committee shall be approved or denied after other state agency approvals have been obtained. The committee need not assess technical questions already considered by other states or federal agencies, but shall take into account the conclusions of these analyses, including permit terms and conditions, in its approval or denial of the certificate. The committee may also take into account independent analyses in its process of approval or denial of the certificate.\n149-M:72 Application for Certificate.\nI. All applications for a certificate for a major solid waste disposal facility shall be filed with the administrator or the chair of the committee.\nII. Upon filing of an application, the chairperson or designated presiding officer shall expeditiously conduct a preliminary review to ascertain if the application contains sufficient information to carry out the purposes of this chapter. If the application does not contain such sufficient information, the chairperson or designated presiding officer shall, in writing, expeditiously notify the applicant of that fact and specify what information the applicant must supply.\nIII. To carry out the committee\u2019s duties in RSA 149-M:70, each application shall:\n(a) Describe in reasonable detail the types and quantities of waste and their characteristics proposed to be accepted and size of each major part of the proposed facility.\n(b) Describe in reasonable detail the source of waste to be accepted and if there is a preference for waste originating within the state of New Hampshire.\n(c) Describe how the proposed facility satisfies the criteria listed under RSA 149-M:11, III.\n(d) Identify both the applicant\u2019s preferred choice and other alternatives it considers available for the site and configuration of each major part of the proposed facility and the reasons for the applicant\u2019s preferred choice.\n(e) Describe in reasonable detail the impact of each major part of the proposed facility on existing local, regional, and state land uses.\n(f) Document that written notification of the proposed project, including appropriate copies of the application, has been given to the appropriate governing body of each affected municipality, as defined in RSA 149-M:66, III. The application shall include a list of the affected municipalities.\n(g) Provide analysis on the local, regional, and statewide visual impact of the proposed facility during construction, operation, and post-closure and the visual impacts as evaluated through a visual impact assessment prepared in accordance with professional standards by an expert in the field.\n(h) Provide information in reasonable detail about the impacts on local, regional and state property values, human health, tourism, outdoor recreation, wildlife, traffic, noise, and odor by the proposed facility. These analyses shall be conducted in accordance with professional standards by an expert in these fields.\n(i) Provide a reasonable amount of information relative to how new contaminants of concern not regulated by a permit issued by the department will be monitored, evaluated, and managed over the proposed life of the facility.\n(j) Provide a reasonable amount of information relative to the potential economic harms of the proposed project on the local area, affected municipalities, the region, the state, and potential infrastructure deterioration.\n(k) Provide a reasonable amount of information relative to the potential economic benefits of the proposed project on the local area, affected municipalities, the region, the state, and potential infrastructure improvements.\n(l) Provide such additional information as the committee may require or request to carry out the purpose of this chapter.\nIV. To the extent any information provided in the application was submitted and considered by a state agency as part of its permitting evaluation and decision under RSA 149-M:71, III, the applicant shall specify what information was so considered and the statutory and regulatory authority for that agency\u2019s consideration of the information.\nV. For all information submitted with the application that was prepared by an outside consultant or expert, the applicant shall submit the qualifications of such consultants or experts to prepare such information.\nVI. The committee shall require the applicant to hire an independent third party at the expense of the applicant and agreed upon by the committee in consultation with the municipality where the facility is proposed to be located, to peer review any assessments provided under this section.\nVII. The chairperson or designated presiding officer shall decide whether to accept the application as administratively complete within 60 days of filing. If the chairperson or designated presiding officer rejects an application because it determines it to be administratively incomplete, the applicant may choose to file a new and more complete application or cure the defects in the rejected application within 10 days of receipt of notification of rejection.\nVIII. Public information sessions shall be held in accordance with RSA 149-M:76.\nIX. Within 180 days of the acceptance of an application, the committee shall issue or deny a certificate for the proposed major solid waste disposal facility.\nX. The applicant shall immediately inform the committee of any substantive modification to its application.\nXI. The committee may request that state agencies with relevant technical expertise\nparticipate in committee proceedings.\nXII. The department shall conduct a review of the application information submitted pursuant to RSA 149-M:72, III(c) to determine whether the facility has demonstrated that it satisfies the criteria in RSA 149-M:11, III. Such review shall be conducted in accordance with RSA 149-M:11. The department shall report its findings to the committee in order to inform the committee\u2019s decision on the application.\nXIII. The committee may deny a certificate based upon the department's findings in relation to RSA 149-M:11, III.\nXIV. The committee may deny a certificate based upon the criteria in RSA 149-M:9, IX.\nXV. A state agency may intervene as a party in any committee proceeding in the same manner as other persons under RSA 541-A.\n149-M:73 Disclosure of Ownership. Any application for a certificate, or for change in ownership and transfer of certificate, shall be signed and sworn to by the person or executive officer of the association or corporation making such application and shall contain the following information:\nI. Full name and address of the person, association, or corporation.\nII. If an association or limited liability company, the name of the state under which it was formed and the names and residences of the members of the association or limited liability company.\nIII. If a corporation, the name of the state under which it is incorporated with its principal place of business and the names and addresses of its directors, officers, and stockholders.\nIV. If doing business in a form other than as an association, limited liability company, or corporation, the form of the business, the name of the state under which it was formed, and the names and residences of anyone with a financial, ownership, or control interest in the organization.\nV. The location or locations where an applicant is to conduct its business.\nVI. A statement of assets and liabilities of the applicant and other relevant financial information of such applicant.\nVII. The committee shall administratively approve changes of ownership and transfers of certificates within 90 days of a petition if it determines the new certificate holder has adequate financial, technical, and managerial capability to assure construction and operation of the facility in continuing compliance with the terms and conditions of the certificate and any federal, state, and local permits.\n149-M:74 Application and Filing Fees.\nI. A person filing with the committee an application for a certificate for a major solid waste disposal facility shall pay to the committee at the time of filing a fee determined in accordance with the fee schedule described in paragraph II. If an application for a certificate for a major solid waste disposal facility is deemed incomplete pursuant to RSA 149-M:72, VII, and a new application is submitted thereunder, the unused portion of the initial application fee shall be refunded to the applicant or credited to the filing of the new application. The committee may in its discretion provide for a credit or refund in other circumstances that are unforeseen by the applicant.\nII. The fees under paragraph I shall be determined in accordance with a fee schedule posted by the committee on its website, which shall include the following amounts:\n(a) Application fee for a major solid waste disposal facility: $20,000 base charge and $1,000 per additional 10,000 tons/year throughput in excess of 100,000 tons per year.\n(b) Filing fees for administrative proceedings:\n(1) Petition for committee jurisdiction: $500.\n(2) Certificate transfer of ownership: $1,000.\n(3) Request to modify a certificate: $1,000.\nIII. All fee charges shall be deposited in the solid waste evaluation committee fund established in RSA 149-M:84 and shall be nonlapsing and accounted for as a separate line item.\nIV. The committee shall review and evaluate the application fees and filing fees in the fee schedule in subparagraphs II(a) and (b) at least once each year. The committee may increase any amount in the fee schedule by no more than the increase in the consumer price index from the prior year, provided that any such increase shall occur not more frequently than once during any 12-month period. Modifications to the fee schedule shall be posted on the committee website, with a\nlink prominently displayed on the home page.\nV. If the committee determines the cost of committee proceedings for an application significantly exceed the filing fees paid by the applicant for that application, the additional cost shall be borne by the applicant or certificate holder in such amount as may be approved by the committee.\n149-M:75 Counsel for the Public.\nI. An application for a certificate under this subdivision shall be served contemporaneously by the applicant upon the attorney general. Upon receipt of such an application, the attorney general shall appoint an assistant attorney general as counsel for the public in connection with the committee\u2019s consideration of the application. Counsel for the public shall be deemed to represent the public as a party to the proceedings before the committee.\nII. This section shall not be construed to prevent any person from being heard or represented by counsel; provided, however, the committee may compel consolidation of representation for such persons as have, in the committee\u2019s reasonable judgment, substantially identical interests.\n149-M:76 Public Hearing; Studies.\nI. Notice of any project for which an application for a certificate has been submitted shall be issued pursuant to RSA 36:56, III.\nII. At least 30 days prior to filing an application for a certificate, an applicant shall hold at least one public information session in the affected municipality where the proposed facility is to be located. This session may be held concurrently with a public session held as a requirement of any other state permit or approval.\nIII. The committee may order the applicant to provide such additional public information sessions in affected municipalities as are reasonable to inform the public of the proposed project.\nIV. Within 90 days after acceptance of an application for a certificate, the committee shall hold at least one public information session in each municipality where the proposed facility is proposed to be located.\nV. Subsequent public hearings shall be in the nature of adjudicative proceedings under RSA 541-A and shall be held in the municipality in which the proposed facility is to be located or in Concord, New Hampshire, as determined by the committee. The committee shall give adequate public notice of the time and place of each subsequent hearing.\nVI. The committee shall adopt rules regarding the timing and method of notices for public information sessions and public hearings, and any other requirements regarding such sessions and hearings.\nVII. The committee shall consider and weigh all evidence presented at public hearings and shall consider and weigh written information and reports submitted to it by members of the public prior to the closing of the record of the proceeding. The committee shall provide an opportunity at one or more public hearings for comments from the governing body of each affected municipality and residents of each affected municipality. The committee shall consider, as appropriate, prior committee findings and rulings on the same or similar subject matters, but shall not be bound thereby.\nVIII. The solid waste evaluation committee shall require from the applicant whatever information it deems necessary to assist in the conduct of the hearings, and any investigation or studies it may undertake, and in the determination of the terms and conditions of any certificate under consideration.\nIX. The committee and counsel for the public shall conduct such reasonable studies and investigations as they deem necessary or appropriate to carry out the purposes of this chapter and may employ a consultant or consultants, legal counsel, and other staff in furtherance of the duties imposed by this chapter, the cost of which shall be borne by the applicant or certificate holder in such amount as may be approved by the committee. The committee and counsel for the public are further authorized to assess the applicant or certificate holder for all travel and related expenses associated with the processing of an application or other proceedings under this chapter.\nX. Times for conducting public hearings and rendering a decision on the application may be extended for good cause upon written request of the applicant.\n149-M:77 Judicial Review. Decisions made pursuant to this chapter shall be appealed in accordance with RSA 541.\n149-M:78 Monitoring and Enforcement.\nI. The department shall monitor the construction and operation of any major solid waste disposal facility granted a certificate under this chapter, after all other subsequent approvals are obtained, to ensure compliance with such certificate and enforce the terms and conditions of any such certificate. With the exception of the authority retained by the state agencies in accordance with paragraph V, the department may delegate the authority to monitor the construction or operation of any major solid waste disposal facility granted a certificate under this chapter to such state agency or official as it deems appropriate but shall ensure that the terms and conditions of the certificate are met. Any authorized representative or delegate of the department shall have a right of entry onto the premises of any part of the solid waste generation facility to ascertain if the facility is being constructed or operated in continuing compliance with the terms and conditions of the certificate. During normal hours of business administration and on the premises of the facility, such a representative or delegate shall also have a right to inspect such records of the certificate holder as are relevant to the terms or conditions of the certificate.\nII. Whenever the department administratively determines, on its own or in response to a complaint, that any term or condition of any certificate issued under this chapter or prior law is being violated, it shall, in writing, notify the certificate holder of the specific violation and order the person to immediately terminate the violation. If, 15 days after receipt of the order, the person has failed or neglected to terminate the violation, the department shall notify the committee, which may suspend the person\u2019s certificate. In addition to suspension, if, after 15 days of receipt of the order, the person has failed or neglected to terminate the violation, the committee may impose a fine not to exceed $5,000 per day until the violation is corrected. Except for emergencies, prior to any suspension or imposition of a fine, the committee shall give written notice of its consideration of suspension or imposition of a fine and of its reasons therefor and shall provide opportunity for a prompt hearing.\nIII. In addition to other remedies provided in this chapter, upon petition of the department, the committee may suspend a certificate if the committee determines that a person has made a material misrepresentation in the application, or in the supplemental or additional statements of fact, or studies required of the applicant, or if the committee determines that the person has violated the provisions of this chapter, or any rule adopted under this chapter. Except for emergencies, prior to any suspension, the committee shall give written notice of its consideration of suspension and of its reasons therefor and shall provide an opportunity for a prompt hearing.\nIV. Upon petition of the department, the committee may revoke any certificate that is suspended after the person holding the suspended certificate has been given at least 90 days\u2019 written notice of the committee\u2019s consideration of revocation and of its reasons therefor and has been provided an opportunity for a full hearing.\nV. Notwithstanding any other provision of this chapter, each state agency having permitting or other regulatory authority shall retain all of its powers and duties of enforcement.\nVI. The full amount of costs and expenses incurred by the department and committee in connection with any enforcement action against a person holding a certificate, in which the person is determined to have violated any provision of this chapter, any rule adopted by the department or committee, or any of the terms and conditions of the issued certificate, shall be assessed to the person and shall be paid by the person to the committee. Any amounts paid by a person to the committee pursuant to this paragraph shall be deposited in the solid waste evaluation committee fund established in RSA 149-M:84.\nVII. The department may adopt rules in furtherance of its monitoring and enforcement responsibilities under this chapter.\n149-M:79 Records. Complete verbatim records shall be kept by the committee of all hearings, and records of all other actions, proceedings, and correspondence of the committee, including submittals of information and reports by members of the public, shall be maintained, all of which records shall be open to the public inspection and copying as provided for under RSA 91-A. Committee records regarding pending applications for a certificate shall also be made available on the committee\u2019s website unless such records were submitted under seal and are exempt from public disclosure under RSA 91-A.\n149-M:80 Temporary Suspension of Deliberations. If the committee, at any time while an application for a certificate is before it, deems it to be in the public interest, it may temporarily suspend its deliberations and time frames established under this chapter.\n149-M:81 Findings and Certificate Issuance.\nI. Any certificate issued by the committee shall be based on the record. The decision to issue a certificate in its final form or to deny an application once it has been accepted shall be made by a majority of the committee.\nII. The committee may consult with interested regional agencies and agencies of border states in the consideration of certificates.\nIII. After due consideration of all relevant information regarding the potential siting, including potential significant impacts and benefits, the committee shall determine if issuance of a certificate will serve the objectives of this chapter. In order to issue a certificate, the committee shall find that:\n(a) The applicant has adequate financial, technical, and managerial capability to assure construction, operation, and closure of the facility in continuing compliance with the terms and conditions of the certificate.\n(b) The facility will not unduly interfere with the orderly development of the region with due consideration having been given to the views of municipal and regional planning commissions and municipal governing bodies.\n(c) The facility satisfies the criteria in RSA 149-M:11, III.\n(d) The public benefit of the facility to the region shall outweigh any adverse impact of the facility on human health, aesthetics, historic preservation, economic impacts to the region, tourism, outdoor recreation, regional and statewide business development, wildlife, noise, odor, traffic and transportation impacts, existing land uses, including property values, characteristics and source of waste, and any other impacts assessed as part of the application pursuant to RSA 149-M:72, III.\n(e) Issuance of a certificate will serve the public interest of the citizens of New Hampshire.\nIV. The committee shall issue an order granting or denying a certificate. Such order shall summarize and address issues of concern expressed during public information sessions and hearings to ensure that the public's voice has been heard and recorded.\nV. A certificate of site and facility may contain such reasonable terms and conditions, including, but not limited to the authority to require bonding, as the committee deems necessary. Such certificates, when issued, shall be final and subject only to judicial review.\nVI. The committee shall condition the certificate upon the results of applicable federal and state approvals or appeal processes and required federal and state agency studies whose study period exceeds the application period.\n149-M:82 Penalties.\nI. Any construction or operation of major solid waste disposal facilities without first obtaining a certificate from the committee, or any material violation of the terms and conditions of a certificate issued by the committee, shall be subject to a civil penalty not to exceed $10,000 for each violation or for each day of a continuing violation. Such violation may also be enjoined by the superior court upon application of the attorney general.\nII. Whoever purposely or knowingly commits any violation of any provision of this section shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.\n149-M:83 Severability. If any provision of this chapter, or application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end, the provisions of this chapter are severable.\n149-M:84 Fund Established; Funding Plan. There is hereby established in the office of the state treasurer a nonlapsing, special fund to be known as the solid waste evaluation committee fund. All application and other filing fees received by the committee under this chapter shall be deposited in the fund. All moneys in the fund shall be continually appropriated to the committee and shall be used to pay for operating costs of the committee and the partial salary of the administrator. If the administrator position is vacant, the fund may be used to pay an independent contractor to perform those duties. Notwithstanding any other provision of law, the committee may engage the department for additional technical, legal, or administrative support to fulfill the requirements of this chapter, the cost of which shall be charged directly to the applicant or major solid waste disposal facility owner.\n149-M:85 Compensation and Reimbursement.\nI. The public members of the committee shall be compensated for all time spent on committee business, including compensation and reimbursement for major solid waste disposal facility proceeding time and expenses. Compensation shall be provided on a pro rata basis, based upon the daily salary rate of an unclassified position at the initial step in grade FF under RSA 94:1-a, I(a).\nII. State agencies represented on the committee shall be reimbursed for major solid waste disposal facility proceeding time and expenses incurred by their respective members or designees, except that time spent for the first 5 full days of their participation with respect to any application or other proceeding concerning a major solid waste disposal facility shall not be subject to reimbursement. The rate of reimbursement to each respective agency shall be based on a pro rata share of the employee\u2019s salary, benefits, and related costs.\nIII The department of justice shall be reimbursed in the same manner as described in paragraph II for major solid waste disposal facility proceeding time and expenses that are incurred by the counsel for the public.\nIV. All persons or agencies seeking compensation or reimbursement under this section shall keep detailed time and expense records which shall be submitted to the chairperson or administrator and used to determine the amount of compensation or reimbursement. The chairperson or administrator shall develop a record keeping system and accounting and payment procedures.\nV. Compensation shall not be provided to members of the committee for initial meetings conducted prior to acceptance of application fees. The department shall provide support for the adoption of rules established by the committee.\n149-M:86 Solid Waste Permit Applications Suspended. The department shall not issue any permit approvals that authorize new capacity for major solid waste disposal facilities until rules are adopted by the committee or until July 1, 2027, whichever is later.\n2 New Subparagraph; Solid Waste Evaluation Committee Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (410) the following new subparagraph:\n(411) Moneys deposited in the solid waste evaluation committee fund as established in RSA 149-M:84.\n3 Effective Date. This act shall take effect 60 days after its passage.\nLBA\n26-2520\n3/27/26\nHB 1189-FN- FISCAL NOTE\nAS AMENDED BY THE HOUSE (AMENDMENT # 2026-0965h)\nAN ACT establishing a solid waste site evaluation committee.\nMETHODOLOGY:\nThis bill establishes a Solid Waste Site Evaluation Committee (SWSEC) to review applications for major solid waste disposal facilities, requires the Department of Environmental Services (DES) to provide administrative, technical, and enforcement support, creates a non-lapsing, continually appropriated, Solid Waste Evaluation Committee Fund, and establishes application and filing fees to support committee operations. The bill also suspends approvals for new capacity for major solid waste disposal facilities until rules are adopted or July 1, 2027, whichever is later.\nThe Department of Environmental Services states this bill establishes a Solid Waste Site Evaluation Committee and requires the Department to assist the committee with administrative, rulemaking, technical review, and enforcement responsibilities. The bill establishes a schedule of application and filing fees, with revenues deposited into the Solid Waste Evaluation Committee Fund. The Department estimates revenue from application fees will likely range between $10,000 and $150,000 per application beginning in FY 2028, with similar amounts possible in subsequent fiscal years depending on the number and size of projects reviewed. The Department further states that all costs associated with committee proceedings, including administrative support, technical review, legal support, and member compensation, would be funded through application fees deposited into the Solid Waste Evaluation Committee Fund or assessed directly to applicants. As a result, total expenditures are indeterminable, but are expected to be fully supported by fee revenue and applicant-funded costs.\nAdditionally, this bill does not provide new funding or position authorization for DES to fulfill its responsibilities. The Department states it will redirect existing staff resources to support the committee, which may reduce capacity for other permitting or oversight activities within the Waste Management Division.\nThe Department indicates there will be no direct fiscal impact to counties or municipalities because the definition of \u201cmajor solid waste disposal facility\u201d excludes municipally proposed facilities; however, the temporary suspension of permitting may reduce available disposal capacity in future years, including within FY 2028 and FY 2029, which could result in indeterminable increases in waste transportation and disposal costs to State, Counties, and municipalities.\nLastly, it is assumed that the terms \u201csolid waste site evaluation\u201d and \u201csolid waste evaluation\u201d are used interchangeably throughout the bill.\nAGENCIES CONTACTED:\nDepartment of Environmental Services", "in_text": [{"date": "11Mar2026", "short": "0965h", "num": "2026-0965h"}], "chars": 42336}, "nver": 2, "namd": 1, "rsa": {"RSA 149-M": "/laws/149-m", "RSA 162-H:3-a": "/laws/162-h#s3-a", "RSA 149-M:27": "/laws/149-m#s27", "RSA 21-O:9": "/laws/21-o#s9", "RSA 21-O": "/laws/21-o", "RSA 149-M:68": "/laws/149-m#s68", "RSA 149-M:67": "/laws/149-m#s67", "RSA 15-A": "/laws/15-a", "RSA 15-B": "/laws/15-b", "RSA 4:1": "/laws/4#s1", "RSA 149-M:85": "/laws/149-m#s85", "RSA 149-M:65": "/laws/149-m#s65", "RSA 91-A": "/laws/91-a", "RSA 541-A": "/laws/541-a", "RSA 541-A:29": "/laws/541-a#s29", "RSA 149-M:70": "/laws/149-m#s70", "RSA 149-M:11": "/laws/149-m#s11", "RSA 149-M:66": "/laws/149-m#s66", "RSA 149-M:71": "/laws/149-m#s71", "RSA 149-M:76": "/laws/149-m#s76", "RSA 149-M:72": "/laws/149-m#s72", "RSA 149-M:9": "/laws/149-m#s9", "RSA 149-M:84": "/laws/149-m#s84", "RSA 36:56": "/laws/36#s56", "RSA 541": "/laws/541", "RSA 94:1-a": "/laws/94#s1-a", "RSA 6:12": "/laws/6#s12"}, "amends": {"RSA 149-M": "/laws/149-m", "RSA 6:12": "/laws/6#s12"}, "related": [{"g": 0, "o": "2025-2026/HB707", "n": "HB 707-FN", "t": "establishing a solid waste site evaluation committee.", "y": 2026, "c": "Became Law", "s": "Its language was offered as amendment 2026-1932s to {b}; the Senate adopted it."}, {"g": 0, "o": "2025-2026/SB302", "n": "SB 302-FN", "t": "requiring background checks for solid waste and hazardous waste facility owners, establishing a solid waste site evaluation committee and temporarily suspends the issuance of solid waste permits by the department of environmental services, relative to the confiscation of animals from persons suspected of or charged with abuse of animals, and establishing a committee to study the animal cruelty statutes.", "y": 2025, "c": "Died", "s": "Its language was offered as amendment 2025-2219h to {b}; the House adopted it."}, {"g": 2, "o": "2025-2026/HB707", "n": "HB 707-FN", "t": "establishing a solid waste site evaluation committee.", "y": 2026, "c": "Became Law", "s": "This term's {b} has the same text."}, {"g": 2, "o": "2025-2026/SB536", "n": "SB 536-FN", "t": "relative to the solid waste facility site evaluation committee.", "y": 2026, "c": "Interim Study", "s": "This term's {b} has much the same text."}, {"g": 2, "o": "2025-2026/SB302", "n": "SB 302-FN", "t": "requiring background checks for solid waste and hazardous waste facility owners, establishing a solid waste site evaluation committee and temporarily suspends the issuance of solid waste permits by the department of environmental services, relative to the confiscation of animals from persons suspected of or charged with abuse of animals, and establishing a committee to study the animal cruelty statutes.", "y": 2025, "c": "Died", "s": "Its text is also in {b}, a longer bill."}]}