NH Solid Waste Legislation - 2022 Session

January 31, 2022

The New Hampshire Legislature has begun its 2022 session, and NRRA has prepared a list of numerous bills related to solid waste and recycling.  NRRA will periodically provide updates regarding these bills and encourages members to testify on bills relevant to their work.  NRRA may testify regarding some bills to educate lawmakers, but NRRA does not take a position on proposed legislation.  This article was last updated Feb. 9, 2022. 

Need a refresher about how the legislative process works in New Hampshire? Here's an overview of how a bill becomes a law. In addition, the NH Department of Environmental Services prepares a bill tracking matrix that is updated weekly.  

For questions or comments regarding this legislative update, contact Reagan Bissonnette, NRRA Executive Director.

Public Hearings 

In order to see scheduled public hearing dates for bills relevant to solid waste and recycling, see the weekly NHDES Legislative Hearing Calendar that is updated by NHDES Friday mornings.  

House Bills

HB 1049 (2022-2029) HB Title: establishing a committee to study landfill siting criteria and methods for reducing pressure on landfill capacity.
The committee shall study: I. The siting criteria for new landfills with a focus on community impact, environmental impact, and public good. II. Solid waste policies in Northeastern states that could be adapted to New Hampshire with the goal of reducing pressure on landfill capacity.

HB 1111 (2022-2561) HB Title: establishing a commission to study extended producer responsibility.
This bill establishes a commission to study extended producer responsibility in order to provide relief to the cost of municipalities in solid waste disposal.
The commission's study shall include, but not be limited to: (a) Examining waste reduction goals established in RSA 149-M with emphasis on the improvement of municipal recycling, reducing solid waste flow and reducing taxpayer costs in support of municipal transfer stations through extended producer responsibility. (b) Suggested legislation in order to help update RSA 149-M in order to better meet the waste reduction goals therein.

HB 1119 (2022-2742) HB Title: relative to the regulation of single-use bags.
This bill allows towns to regulate the use of paper and plastic bags.

HB 1121 (2022-2737) HB Title: relative to new solid waste sites.
This bill requires an applicant for a new solid waste landfill to provide proof of insurance and obtain a surety bond against all damages.

HB 1122 (2022-2730) HB Title: authorizing municipalities to collect and resell construction and demolition debris.
This bill authorizes a town to collect and resell construction and demolition debris at its transfer station from a project being completed in town or from a general contracting business which is based in the town.

HB 1172 (2022-2265) HB Title: requiring composting and waste recycling to be made available to residents of public housing.
This bill requires towns to ensure that residents of public housing have access to a composting and waste recycling facility.

HB 1274 (2022-2154) HB Title: establishing a committee to study the solid waste practices of state agencies.
The committee shall: I. Review recycling and solid waste management practices of state agencies to better conform with the state solid waste hierarchy in RSA 149-M with a view to the reduction of solid waste, increasing reuse and recycling, and decreasing food waste. II. Review state procurement laws and rules associated with such laws, if appropriate, and recommend changes to increase recycled content requirements and reduce waste. III. Review and recommend changes to state laws to reflect current solid waste challenges and opportunities, and to coordinate decentralized state agency solid waste disposal with centralized recycling efforts. IV. Review the compliance of the department of administrative services with the performance audit of the statewide recycling program.

HB 1338 (2022-2550) HB Title: establishing a committee to study imposing a tax on manufacturers based on the cost of disposing the product packaging.
The committee shall study the possibility of imposing a tax on manufacturers based on the cost of disposing of product packaging or single-use products. The study shall include, but not limited to, the possibility of entering into an interstate compact, the distribution of tax revenues to municipalities for the purpose of safely recycling and disposing of solid wastes, a variable tax structure taxing manufacturers of single-use products and packaging materials commensurate with the burden on municipalities for disposing such materials, and taxing compostable and easily recycled materials at a lower rate than difficult to recycle or toxic materials.

HB 1406 (2022-2729) HB Title: authorizing municipalities to collect compost.
This bill allows municipalities to collect compost at transfer stations or have a contract with a solid waste disposal facility to collect compostable materials.

HB 1420 (2022-2649) HB Title: prohibiting the issuance of new landfill permits until the state's solid waste plan is updated.
This bill prohibits the issuance of new landfill permits until the state's solid waste plan is updated consistent with the requirements of RSA 149-M:29.

HB 1454 (2022-2237) HB Title: relative to permits for the siting of new landfills.
This bill prohibits the siting of new landfills if any part of the actual solid waste disposal area is proposed to be located sufficiently close to any perennial river, lake, or coastal water of New Hampshire, such that groundwater on the landfill site would be able to reach the water body within 5 years of migrating off-site. 

HB 1459 (2022-2353) HB Title: relative to recycling solar panels.
This bill establishes a program and fund for the recycling of photovoltaic solar panels. 

NRRA was interviewed by NH Public Radio for a story regarding this bill

HB 1461 (2022-2415) HB Title: increasing penalties for littering.
This bill establishes penalties for littering on any right-of-way. Violators shall be fined a minimum of $300 for a first offense and $500 for a second offense.  Any third or subsequent offense shall cause the suspension of the person's driver’s license for a period of 90 days.

HB 1544 (2022-2807) HB Title: relative to the deconstruction of buildings and recycling of building materials.
This bill prohibits the placement of construction and demolition debris in landfills and establishes fines for violations.

HB 1652 (2022-2706) HB Title: relative to the recycling of beverage containers.
This bill establishes the beverage container deposit recycling program and directs the proceeds of such program to the general fund and to the state recycling fund.

NRRA was interviewed by the NH Bulletin for a story regarding this bill

Senate Bills

SB 367 (2022-2965) SB Title: relative to the regulatory status of advanced recycling and manufacturing facilities. 
This bill regulates advanced recycling and manufacturing facilities. The recycled products produced at advanced recycling facilities include, but are not limited to monomers, oligomers, plastics, plastics and chemical feedstock basic and unfinished chemicals, waxes, lubricants, coatings, and other basic hydrocarbons.

SB 379 (2022-3114) SB Title: establishing the solid waste management fund and establishing a solid waste disposal surcharge. 
This bill: I.  Establishes the solid waste reduction management fund. II.  Establishes a solid waste disposal surcharge. III.  Repeals the existing surcharge on out-of-state waste.

Beginning July 1, 2023, solid waste disposed of at a New Hampshire landfill, incinerator, or waste-to-energy facility shall be subject to a surcharge of $1.50 per ton. The Solid Waste Management Fund shall be used to (I) support the administration and implementation of the department of environmental service's solid waste technical assistance, planning, and regulatory and permitting activities; (II) provide annual payments to New Hampshire municipalities at the rate of $1.50 per ton of solid waste for which the municipality was financially responsible for disposal; and (III) provide matching grant funding to New Hampshire municipalities, private entities, and businesses for projects that will provide a demonstrated, significant improvement in waste diversion methods and contribute to a reduction of wastes. Not less than 50 percent of grant funds shall be made available to private entities and businesses for such projects in New Hampshire.

SB 380 (2022-3102) SB Title: relative to solid waste rules and landfill containment tests. 
This bill: I.  Creates a committee to study the prohibition of any landfill in the state from accepting waste from municipalities with no solid waste plan. II.  Creates a committee to study the development of a solid waste disposal site evaluation committee. III.  Requires statutes and rules in effect at the time an application for a solid waste permit is complete to apply to the application. IV.  Requires the department of environmental services to consider the net public benefit when reviewing an application for a solid waste permit.

SB 396 (2022-3077) SB Title: relative to solid waste management. 
This bill requires the department of environmental services to contract with an engineer or hydrogeologist when evaluating a permit for a landfill.