New HampshireHB7072025-2026 Regular SessionHouse

(Second New Title) establishing a solid waste site evaluation committee.

Sponsored By: Kelley L Potenza (Republican)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 1 benefits, 4 costs, 2 mixed.

Stronger enforcement and daily fines on operators

The department can inspect sites, review records, and order violations to stop. If a violation is not fixed in 15 days, the committee may suspend the certificate and fine up to $5,000 per day until fixed. Building or operating without a certificate, or breaking certificate terms, can bring civil penalties up to $10,000 per violation or per day. Courts can block illegal activity. A natural person who knowingly violates commits a misdemeanor; other persons face felony charges.

Higher filing fees and a new fund

Beginning July 1, 2026, filing a certificate costs $20,000 plus $1,000 for each extra 10,000 tons over 100,000 tons per year. Petitions cost $500; transfers and modifications cost $1,000 each. Fees can rise yearly with inflation, and the committee may charge an added fee if review costs exceed the filing fee. All fees go to a nonlapsing committee fund that pays operating costs and part of the administrator’s salary. Public members are paid at a state daily rate, agencies are partly reimbursed, and applicants may be billed for department support.

New committee and rules for big waste sites

The law creates a seven-member state committee to review major solid waste sites. A site is "major" if it plans to take over 100,000 tons a year. You must get a committee certificate before starting construction. The law also defines what counts as a recycling facility and what is excluded. The committee holds its first meeting by September 1, 2025, and adopts rules by July 1, 2026.

One-year pause on new major facilities

The department cannot issue permit approvals that add new capacity for major facilities until July 1, 2027. This pause does not apply to landfill expansions or remedial landfill expansions. During the pause, the department can accept applications and check completeness but cannot process complete applications further.

How big-waste applications are judged and heard

Within 30 days, the committee tells an applicant if a filing is complete. After acceptance, it must approve or deny within 180 days. Applications must include expert studies on waste amounts, land use, visual, economic, noise, odor, and traffic impacts. Applicants must hold a local info session before filing, and the committee holds one after acceptance. The attorney general assigns a lawyer to represent the public. Hearings are formal, records are posted when allowed, and the committee may hire experts and charge the applicant.

State-led rules for landfill expansions

The state department has sole authority over landfill expansions, and local rules cannot block an expansion the department approves. The law defines what counts as a landfill expansion. If a landfill with an existing host-town agreement expands, it must provide at least $2.50 per ton in combined services and fees for waste received in the expansion.

Remedial and food-waste projects get breaks

The law defines a "remedial landfill expansion" for closed, contaminated sites with no private party to fund cleanup. An expansion must generate revenue to reduce contamination and offer better protection than not expanding. These remedial expansions and certain food-waste facilities are deemed to meet a specific statutory requirement, which eases their review.

Sponsors & Cosponsors

Sponsor

Kelley L Potenza
Republican • House

Cosponsors

Anita D Burroughs
Democratic • House
Bill Boyd
Republican • House
Donovan Fenton
Democratic • Senate
James Gruber
Democratic • House
Judy F. Aron
Republican • House
Kristin Noble
Republican • House
Nicholas A Germana
Democratic • House
Peter B Schmidt
Democratic • House
Denise Ricciardi
Republican • Senate
David Rochefort
Republican • Senate
Seth King
Republican • House

Roll Call Votes

All Roll Calls

Yes: 12 • No: 12

Senate vote • 1/7/2026

Floor Amendment