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

8 provisions identified: 1 benefits, 4 costs, 3 mixed.

Residents get waste project information sessions

Applicants must hold a local public information session at least 30 days before filing for a certificate. The committee must hold another in the proposed host municipality within 60 days after accepting the application. Beginning July 1, 2026, full hearing records and other committee records must be available for public inspection, copying, and online. Sealed records remain excluded when state public-records law protects them from disclosure.

Waste facility violations bring fines and shutdowns

The environmental department must monitor certified facilities and order violations fixed. After 15 days without correction, the committee can suspend the certificate and impose up to $5,000 daily after notice and a hearing. An imminent health or environmental threat allows suspension without the usual prior hearing; revocation requires 90 days' written notice and a full hearing opportunity. Beginning July 1, 2026, uncertified construction or operation, or material certificate violations, carry civil penalties up to $10,000 per violation or continuing day. Courts can stop the conduct; purposeful or knowing violations are misdemeanors for individuals and felonies for other persons.

Fees fund waste review committee operations

Beginning July 1, 2026, filing fees support committee operations and part of the administrator's salary through a dedicated fund. Unspent money stays available; a vacant administrator position can be covered by a contractor. Applicants pay directly for environmental department support. If lawful yearly costs exceed the fund, extra general funds require legislative fiscal committee approval and governor-and-council authorization. Public members receive prorated entry-level grade FF state pay, but initial meetings before fees are accepted are unpaid. State agencies and public counsel receive proceeding reimbursements; agency members' first five full days are excluded, and payment claims require detailed records.

New waste capacity permits face a pause

From July 1, 2026, until July 1, 2027, New Hampshire's environmental department cannot approve new capacity at major waste facilities. Landfill expansions and remedial landfill expansions are exempt. The department must accept applications and check completeness, but cannot further process complete applications covered by the pause. Applicants with major-facility permit applications pending before the department as of July 1, 2025, must also file with the committee. That filing is due by July 1, 2027.

Waste facility applicants pay review costs

Major-facility applications cost $20,000 at filing, plus $1,000 for each additional 10,000 tons of yearly throughput above 100,000 tons. Jurisdiction petitions cost $500; certificate ownership transfers and modifications cost $1,000 each. Fees can rise once per 12 months, by no more than the prior year's consumer price index increase. Extra processing charges require review costs above the original application fee and cannot exceed that fee. Applicants must document ownership, finances, expert qualifications, and local impacts using professional standards; they pay reasonable replacement-expert costs after inadequate responses. Applicants or certificate holders also pay reasonable, committee-approved study costs, including public counsel; violators pay the state's full actual enforcement costs.

Major waste facilities face new approval rules

Beginning July 1, 2026, New Hampshire's new seven-member committee reviews waste facilities proposing to accept more than 100,000 tons yearly. The definition excludes specified food-waste facilities, recycling expansions, landfill expansions, and projects proposed by New Hampshire municipal governments. Covered facilities need a certificate before construction, must follow its terms, and need committee approval to transfer it. Approval requires capable management and finances, orderly regional development, and public benefits that outweigh harms to nearby communities. The committee considers property values, tourism, recreation, existing land uses, noise, odor, and traffic; other required state and federal approvals still apply.

State-approved landfill expansions override local restrictions

New Hampshire's environmental department has sole authority to approve landfill expansions; other state departments keep their existing authority. Local rules and agreements cannot block an expansion the department approves. Remedial expansions cover contaminated, closed or noncompliant landfills where no solvent private party can be compelled to pay for cleanup. These expansions generate revenue for cleanup and stronger environmental protection. Qualifying remedial expansions and food-waste facilities also count as meeting a specified state requirement without separately satisfying it.

Landfill host towns get minimum payments

Owners of approved landfill expansions must provide host towns with services and fees worth at least $2.50 per ton. This applies when an existing host agreement provides both free services and a per-ton fee. The minimum combined value applies to all waste received in the expansion. The owner pays any increase needed to reach that floor; the law does not require a direct household payment.

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