NH Solid Waste Legislation Updates - 2022 Session
The New Hampshire Legislature's 2022 session included numerous bills related to solid waste and recycling. Of the original 19 bills NRRA was tracking, two have been signed into law by the Governor, and four more are pending either the Governor's signature or veto. All other bills have been referred to interim study or were killed. The two bills signed into law are SB 380, which adds duties to the solid waste working group relative to solid waste plans and disposal sites, and SB 396, which allows the Department of Environmental Services to require an applicant to contract with an engineer or hydrogeologist when evaluating a permit for a landfill. This article was last revised on May 25, 2022.
Need a refresher about how the legislative process works in New Hampshire? Here's an overview of how a bill becomes a law. A Glossary of Terms is also provided at the end of this update. 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.
Active House Bills
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.
Status: Passed with Amendment 0267h (2/16) in the House. Passed with Amendment 1567s (4/21) in the Senate. House concurs with Senate Amendment (5/12). Pending signature or veto by Governor.
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.
This May 5, 2022 WMUR article provides a recent update regarding this bill.
Status: Passed with Amendment 0894 (3/20) in the House. Passed with Amendment 1938 (5/5/2022) in the Senate. House concurs with Senate Amendment (5/12). Pending signature or veto by Governor.
Active 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.
Status: Passed with Amendment 0789s (2/24) in the Senate. Passed with Amendment 1899 (5/4) in the House. Senate concurs with House Amendment (5/12). Pending signature or veto by Governor.
SB 379 (2022-3114) SB Title: Establishing the solid waste management fund and grant program.
This April 27, 2022 Nashua Telegraph article provides a recent update regarding this bill.
Status: Passed with Amendment 0826s (3/31) in Senate. Passed (5/4) in the House. Pending signature or veto by Governor.
SB 380 (2022-3102) SB Title: Relative to solid waste rules and landfill containment tests.
This bill adds the following duties to the solid waste working group relative to solid waste plans and disposal sites:
(i) Review and make recommendations regarding municipal solid waste plans and implementing the prohibition of any landfill in the state from accepting waste from a municipality that does not have a solid waste management plan.
(j) Review and make recommendations regarding the development of a solid waste disposal site evaluation committee or better defining alternative site analysis in RSA 149-M:9.
Status: Passed with Amendment 1212 (3/31). Passed (4/21) in House. Signed by Governor on May 20 (effective 5/20/22).
SB 396 (2022-3077) SB Title: Relative to solid waste management.
This bill allows the department of environmental services to require an applicant to contract with an engineer or hydrogeologist when evaluating a permit for a landfill.
Status: Passed with Amendment 0659s (2/24) in the Senate. Passed 4/25 in the House. Signed by Governor on May 20 (effective 7/19/22).
Bills Referred to Interim Study
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.
Status: Refer to interim study (02/16/2022) in the House
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.
Status: Refer to interim study (02/16/2022) in the House.
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.
Status: Refer to interim study (03/20/2022) in the House.
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.
Status: Ought to Pass with Amendment 0283h (02/18/2022) in the House. Refer to Interim Study (04/14/2022) in the Senate.
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.
Status: Refer for Interim Study (02/16/2022) in the House.
Killed Bills
HB 1049 (2022-2029) HB Title: Establishing a committee to study landfill siting criteria and methods for reducing pressure on landfill capacity.
As amended, the committee shall study:
- The siting criteria for new landfills with a focus on community impact, environmental impact, and public good;
- Solid waste policies in Northeastern states that could be adapted to New Hampshire with the goal of reducing pressure on landfill capacity;
- Surety bonding of landfills (formerly part of HB 1121);
- Changing the definition of the required setback of landfills from water bodies (formerly part of HB 1454);
- Extended producer responsibility (EPR) as a mechanism for waste reduction (formerly part of HB 1111); and
- The roll of landfills and incinerators in preventing disposable wipes from entering and damaging sewer and septic infrastructure.
Status: Ought to Pass with Amendment 0269h (02/23/2022) in the House. Referred to Senate Energy and Natural Resources Committee. Committee report: Inexpedient to legislate (04/26/2022).
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.
Status: Tabled (03/20/2022) in the House.
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.
Status: Ought to Pass (03/11/2022) in the House. Inexpedient to legislate (04/14/2022) in the Senate.
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.
Status: Inexpedient to legislate (03/15/2022) in the House.
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.
Status: Inexpedient to legislate (02/16/2022) in the House.
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.
Status: Ought to Pass (03/16/2022) in the House. Referred to Election Law and Municipal Affairs. Committee report: Inexpedient to legislate (04/20/2022).
NOTE: This bill is unnecessary, as municipalities can already collect compostable materials or contract with facilities that collect compostable materials.
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.
Status: Ought to Pass with Amendment 0940h (03/17/2022) in the House. Inexpedient to Legislate (04/14/2022) in the Senate.
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.
Status: Inexpedient to Legislate (03/16/2022) in the House.
Glossary of Terms
Indefinitely postpone:
- Bill considered killed.
Inexpedient to legislate (ITL):
- A recommendation by the committee indicating that the committee is against the bill.
- Bill considered killed.
Ought to pass (OTP):
- A recommendation by the committee indicating that the committee supports the bill.
Ought to pass as amended (OTPA):
- A recommendation by the committee indicating that the committee supports the bill with an amendment(s).
Refer to interim study:
- The committee would like the House or Senate to send it back down to the committee for further analysis.
Tabled:
- A legislative body adopts a motion to suspend consideration of a bill indefinitely.