New Hampshire HB 215: establishing a commission to study the legalization, regulation, and taxation of marijuana.

Bill Text

HB 215-FN - AS AMENDED BY THE HOUSE

6Mar2025... 0335h

7Jan2026... 2970h

2025 SESSION

 25-0257

 08/05

HOUSE BILL 215-FN

AN ACT requiring a landfill permit applicant to submit a report listing potential harms and benefits of the project.

SPONSORS: Rep. N. Germana, Ches. 15; Rep. Bixby, Straf. 13; Rep. Gruber, Ches. 16; Rep. S. King, Coos 4; Rep. Potenza, Straf. 19; Rep. J. Sullivan, Graf. 2; Rep. W. Thomas, Hills. 12; Sen. Fenton, Dist 10; Sen. Rochefort, Dist 1

COMMITTEE: Environment and Agriculture

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ANALYSIS

 This bill requires a landfill permit applicant to submit a report listing potential harms and benefits of the project and requires the department of environmental services to make a determination that the landfill is a net public benefit.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

6Mar2025... 0335h

7Jan2026... 2970h 25-0257

 08/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Five

AN ACT requiring a landfill permit applicant to submit a report listing potential harms and benefits of the project.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Public Benefit Requirement; Substantial Public Benefit. RSA 149-M:11, III is repealed and reenacted to read as follows:

 III. Prior to completing its full technical review of an application, the department shall determine whether a proposed solid waste facility provides a substantial public benefit through an initial review process. Only if the department determines that a substantial public benefit exists shall the application proceed for further review. The department shall issue its determination of whether the proposed facility provides a substantial public benefit prior to completing a full technical review of the application. If the department determines that the facility does provide a substantial public benefit, the department shall notify the applicant in writing, and shall proceed with technical review. If the department determines that the proposed facility does not provide a substantial public benefit, it shall issue a written denial of the application. To make this determination, the department shall consider:

 (a) The short-and long-term need for a solid waste facility of the proposed type, size, and location to provide capacity to accommodate solid waste generated within the borders of New Hampshire, which capacity need shall be identified as provided in paragraph V.

 (b) The ability of the proposed facility to assist the state in achieving the implementation of the hierarchy and goals under RSA 149-M:2 and RSA 149-M:3.

 (c) The ability of the proposed facility to assist in achieving the goals of the state solid waste management plan, and one or more solid waste management plans submitted to and approved by the department under RSA 149-M:24 and RSA 149-M:25.

 (d) For proposed privately-owned landfill facilities only, the ability of the proposed facility to provide a net public benefit. A net public benefit exists if potential benefits for a proposed project are determined to be greater than the potential harms. Net public benefit shall be determined as provided in paragraph VI.

 2 New Paragraph; Determination of Net Public Benefit. Amend RSA 149-M:11 by inserting after paragraph XI, the following new paragraph:

 XII. Net public benefit of a proposed privately-owned landfill facility shall be determined as follows:

 (a) An assessment shall be conducted on behalf of the host community and/or other abutting municipalities by an independent third party contractor and the costs for such assessment shall be borne by the applicant. The applicant shall submit a list of no fewer than three independent third party contractors to the department. The department shall review the qualifications of the contractors and provided that it finds them qualified, shall work in consultation with the host community and the applicant to select a mutually agreeable contractor. If the department determines that one or more of the submitted contractors is not qualified, it shall require the applicant to identify additional contractors. If a mutually agreeable third party has not been identified within 60 days, the commissioner shall choose from the submitted list.

 (b) The required assessment shall include both potential harms and potential benefits associated with the proposed facility. Potential harms shall include any potentially harmful impacts on human health, property values, tourism, outdoor recreation, and wildlife. Such impacts may include noise, odor, traffic, greenhouse gas, and