Committee Summary for Senate Energy and Natural Resources (04/15/2025)

Bill/Time	Type	Title	Sponsor
HB171 00:06:15.280 - 8:05:20 AM	Public Hearing	establishing a moratorium on the issuance of permits for new landfills.	Germana, Nicholas(D)[CT]2024
HB77 01:07:11.880 - 9:06:16 AM	Public Hearing	(New Title) prohibiting certain licensees from electronically recording or storing personal information obtained from an identification card.	Verville, Kevin(R)[B+]2024

HB171: Representative Nick Germana, Cheshire District 15 (Chesterfield, Hinsdale, Keene Wards 1, 3-5, Walpole, Westmoreland, Surry) Support00:06:15.280 - 8:05:20 AM; Representative Germana introduced HB171, advocating for a three-year moratorium on landfill permitting in New Hampshire. He highlighted two main reasons for the moratorium: the current lack of a capacity issue, which provides a strategic window for implementing the pause, and strong support from the Governor, who has also introduced a similar initiative. Germana emphasized that this pause would allow the Department of Environmental Services (DES) time to process pending landfill permits, ensuring readiness post-moratorium. He also stressed the importance of focusing on waste diversion goals and addressing the issue of out-of-state waste, which constitutes nearly 50% of landfill content. Germana noted recent legislative progress on food waste and paint recycling, suggesting more such initiatives are needed to meet diversion targets and prevent New Hampshire from becoming a regional dumping ground.
HB171: Representative Judy Aron, Sullivan County District 4 (Acworth, Charlestown, Langdon, Lempster, Washington) Support00:16:18.600 - 8:15:23 AM; Representative Aron supports HB171, which proposes a three-year moratorium on issuing permits for new solid waste landfills. She explains that this pause is necessary to allow the state to develop new regulations, data, technologies, and policies to protect New Hampshire and its local communities. During this period, the Department of Environmental Services (DES) can accept and evaluate applications but will not issue permits. Aron mentions that existing landfill capacities are sufficient for at least five more years, and potential expansions could provide 10 to 20 additional years of capacity. She emphasizes the importance of taking time to implement detailed policy changes and ensure the state's environmental and public health protections are up to date.
HB171: Representative Linda Haskins, Rockingham 11 Support00:24:37.200 - 8:23:42 AM; Representative Haskins supports HB171, highlighting the need for a three-year moratorium on new landfills due to compelling testimony indicating no need for new facilities for decades. She references a current application temporarily denied by DES, emphasizing the negative impacts experienced by communities like Dalton and Whitefield. Haskins argues for the moratorium to meet waste reduction goals, manage out-of-state trash, and address issues like PFAS contamination associated with landfills.
HB171: Representative James Gruber, Cheshire County 16 (Alstead, Gilsum, Harrisville, Keene Ward 2, Marlborough, Marlow, Nelson, Roxbury, Stoddard, Sullivan) Support00:26:38.880 - 8:25:43 AM; Representative Gruber, a civil engineer with extensive experience in solid waste management, supports HB171 for a three-year moratorium on new landfills. He shares his professional background, including his work in Vermont and Bulgaria on landfill siting and solid waste management. Gruber believes the moratorium is timely, allowing for the completion of new legislation and regulatory processes. He mentions the significant capacity of existing landfills, potential expansions, and the need to reduce out-of-state waste and manage PFAS contamination effectively.
HB171: Wayne Morrison, North Country Alliance for Balanced Change Support00:34:31.760 - 8:33:36 AM; Wayne Morrison supports HB171, viewing the proposed moratorium not as a pause but as an opportunity to address pressing issues in solid waste management aggressively. He emphasizes the need to protect New Hampshire's environment and economy from out-of-state waste and PFAS contamination. Morrison praises the state's solid waste plan and its goal of reducing waste by 25% by 2030, suggesting strategies like waste diversion and composting. He urges the Senate to work with the House to tackle these challenges and stresses the importance of not rushing into new landfill permits without addressing current gaps in regulations.
HB171: Matt Ley, Society for the Protection of New Hampshire Forests Support00:46:29.040 - 8:45:34 AM; Matt Ley, the Public Policy Director for the Society for the Protection of New Hampshire Forests, expressed support for HB171. He emphasized that the siting of a new landfill represents a significant change to the property and could impact neighboring property owners. He argued that the three-year moratorium proposed in the bill would allow the state more time to explore ways to reduce waste going into landfills, aligning with the state's goals for waste management.
HB171: Sarah Ducet, Whitefield, North Country Alliance for Balanced Change Support00:48:22.319 - 8:47:27 AM; Sarah Ducet, from Whitefield and a founding member of the North Country Alliance for Balanced Change, strongly supported HB171. She detailed the organization's long-standing commitment to environmental issues and solid waste management since 2008. Ducet highlighted their investment in credibility and research, including collaboration with top state experts in various fields. She argued that the three-year moratorium on new landfill permits would allow for better study and strengthening of waste handling rules, reducing out-of-state waste and associated toxicity, and enhancing efforts in waste reduction, recycling, and other sustainable practices. She concluded by urging the committee to advance the bill, emphasizing the lack of fact-based opposition to it.
HB171: Henry Veu, Waste Management Information Only00:52:50.280 - 8:51:55 AM; Henry Veu, representing Waste Management, provided information regarding the impact of HB171 on their operations. He clarified that sections two and three of the bill would not prohibit expansions and modifications at the Turkey Landfill, suggesting that the landfill has capacity until 2034 or 2035 under current conditions. Veu also addressed concerns about potential changes in legislation affecting future capacities beyond 2028 and responded to questions about the impact of increased housing development on landfills and the proportion of out-of-state waste at the Turkey Landfill, which was approximately 54% in 2024.
HB171: Eric Steinhauser, Senior Vice President, Samorn Head and Associates Oppose00:57:09.119 - 8:56:14 AM; Eric Steinhauser, a senior vice president at Samorn Head and Associates and a member of the New Hampshire Waste Management Council, expressed opposition to HB171. He argued against the proposed moratorium on landfill permitting, suggesting that the focus should be on legislation promoting waste diversion, recycling, and waste reduction rather than imposing a moratorium. Steinhauser highlighted that new rules effective from December 21, 2024, already limit expansion potential at existing landfills, reducing his project's land mass by 30%. He emphasized the ongoing necessity of landfills due to daily waste production and warned that a moratorium could complicate the process for landfill development, potentially spanning up to 10 years from concept to filling a cell.
HB171: Representative Kelly Patenza, Strafford District 19 Support01:02:48.960 - 9:01:53 AM; Representative Kelly Patenza from Strafford District 19 expressed full support for HB171, advocating for a 'pause' rather than a permanent moratorium on landfill permitting. She mentioned that this pause was needed to reset and address various issues over the last five years. Patenza detailed the negotiations that led to a three-year moratorium included in the budget (HB2), supported by the Governor's office and DES. She emphasized the need for a reset to focus on broader waste management strategies, not just landfill expansion, and highlighted the bipartisan support for protecting human health and the environment, particularly water bodies and drinking water.
HB77: Representative Kelly Patenza, Strafford District 19 Support01:07:11.880 - 9:06:16 AM; Representative Kelly Patenza introduced HB77, aimed at addressing issues with the DES rules. She described the extensive process that led to this bill, which targets multiple policy decisions to protect public health, safety, and the environment from contamination. Patenza explained that HB77 establishes modern, site-specific criteria for landfill siting based on how fast pollution can move through local soils and bedrock. She referenced JELCAR's determination in November 2024 that the DES rules were contrary to statute and against public interest, leading to their approval with a call for legislative policy setting. HB77 aims to complement the Governor's initiatives by aligning New Hampshire's landfill siting rules with global standards.
HB77: Representative Kelly Patenza, Strafford District 19 Support01:07:11.880 - 9:06:16 AM; Representative Patenza supports HB77, emphasizing the need to strengthen landfill regulations to protect the environment. They discussed the weakening of rules over time, specifically referencing changes in conductivity limits and soil importation policies. Patenza proposed a 1500-foot setback instead of the current 500-foot, arguing it's necessary to prevent contamination of water bodies. They also mentioned a response document from October 2024, which highlighted the site-specific nature of current regulations. The representative stressed the importance of scientific measures like the 5-year time of travel estimate for groundwater protection and advocated for continuous on-site monitoring at landfills. Patenza believes the bill aligns with bipartisan efforts to enhance environmental protection and is open to amendments to ensure its passage.
HB77: Senator Rose Information Only01:23:41.600 - 9:22:46 AM; Senator Rose questioned the consistency of the Department of Environmental Services (DES) rules with public health objectives as outlined in statute 149m1 from 1996. They highlighted the issue of the legislature delegating policy-making authority to the executive branch and the subsequent challenge of ensuring rules align with legislative intent, suggesting that changing the statute might be necessary to direct new, compliant rules.
HB77: Unnamed Speaker Information Only01:25:11.280 - 9:24:16 AM; The speaker, likely from DES or another relevant agency, refuted claims about the weakness of current landfill regulations, stating that they had provided detailed responses to objections during rule-making processes. They emphasized that the rules are stringent, involving site-specific evaluations by hydrogeologists and engineers, and that a simple 500-foot setback is just one of many criteria used in determining landfill sites. They also clarified that a proposed 1500-foot setback in the bill was not based on agency recommendations.
HB77: Unnamed Speaker Information Only01:36:59.320 - 9:36:04 AM; The speaker discussed the department's considerations regarding soil type and travel time, responding to questions about how these factors are handled in the current rules compared to the proposal in HB77. The speaker also addressed a question about the legality of transporting mattresses across state borders, clarifying that it depends on the regulations of the state from which the waste originates.
HB77: Wayne Morrison, NCABC Support01:38:52.960 - 9:37:57 AM; Wayne Morrison from NCABC expressed support for HB77, acknowledging the recent updates to the rules following a review process in which they were involved. He mentioned a disagreement with the Department of Environmental Services on the final outcome of the rules. Morrison referenced a previous bill, 1454, which was vetoed but aimed at site-specific time of travel, emphasizing the complexity and variability of New Hampshire's geology. He argued that a site-specific setback, as proposed in HB77, would enhance safety and was a common-sense approach.
HB77: Henry Veu, Waste Management Information Only01:42:08.239 - 9:41:13 AM; Henry Veu, representing Waste Management, discussed the impact of HB77 on the Turkey Landfill. He explained that the bill's section on time travel does not apply to expansions of existing landfills, thus not affecting Turkey directly in those sections. However, other sections of the bill, which do not contain the same exemption, could pose problems, particularly the requirement for 20 feet of undisturbed soil above bedrock. Veu noted that compliance with this could be problematic in areas where the current depth is less than 20 feet, suggesting an amendment that would allow the import of material to meet the requirement.
HB77: Unknown Speaker, Waste Management Oppose01:44:48.840 - 9:43:53 AM; The speaker from Waste Management expressed concerns about the proposed bill, specifically regarding sections that would impact their operations. They mentioned that their site is permitted but highlighted issues with needing approval for new cell construction and operation, which could be problematic under the new regulations proposed in 2028. They also criticized the requirement for a 50% margin of safety for storm events, equating it to needing infrastructure capable of handling a 500-year storm, which they believe is currently unachievable in New Hampshire. They noted that the current measurement standards used by the Department of Environmental Services are more accurate and region-specific, suggesting that the proposed sections are problematic.
HB77: Unknown Speaker, Waste Management Information Only01:47:55.760 - 9:47:00 AM; Continuing from the previous speaker, this individual from Waste Management clarified that the five-year distance of travel provision in the bill would not apply to them due to their status as an existing landfill. They also addressed the requirement for a 24-hour on-site employee, stating that while their technology can alert to problems quickly, they would not refuse to expand due to this requirement if deemed necessary by others.
HB77: Linda Haskins, Rockingham 11 Support01:49:26.840 - 9:48:31 AM; Representative Linda Haskins, a co-sponsor of the bill, emphasized the importance of the legislation in modernizing New Hampshire's solid waste system. She highlighted the need for a strategic plan as called for by the governor and discussed the efforts of the House in improving solid waste rules. Haskins expressed concerns about the current rules not being protective enough and mentioned the importance of a site-specific setback to prevent toxic materials from leaching into groundwater. She supported the bill's provisions for a 5-year travel time for toxic materials and the necessity of on-site monitoring to ensure timely interdiction of leaks.
HB77: James Guber, Cheshire County 16 Support01:53:32.320 - 9:52:37 AM; James Guber, a licensed civil engineer with experience in solid waste management, testified in support of HB77. He stressed the bill's focus on public health and the protection of groundwater, drinking water, and surface waters from landfill leaks. Guber discussed the technical aspects of the bill, including the proposed setback distance and the necessity of a 5-year travel time for contaminants. He also mentioned the importance of a minimum 1500-foot setback and the challenges posed by intense storms, suggesting that the bill's standards align with those of neighboring states and are necessary for protecting New Hampshire's environment.
HB77: Nick Tana, Cheshire 15 Information Only01:57:45.040 - 9:56:50 AM; Representative Nick Tana from Cheshire 15 discussed the comparison of New Hampshire's hydroconductivity standards with those of other states like India and Alabama. He highlighted that New Hampshire's standard is 10^-4, while India and Alabama's are 10^-7. Tana emphasized the importance of considering distance as a function of time when setting landfill setbacks from protected water bodies. He referenced the historical context of bill 1454 and the work of the Department of Environmental Services (DES), expressing respect but disagreement with the use of site-specific setback standards. He also mentioned a map by DES geologist Brendan Kernan showing that only 14% of New Hampshire's land would be excluded by a 5-year setback standard. Tana concluded by citing a statement from the director of the Casella facility in Coventry, Vermont, about the importance of site suitability for landfills.
HB77: Sarah Ducet, Whitefield Support02:02:25.000 - 10:01:30 AM; Sarah Ducet from Whitefield expressed support for HB77, emphasizing the importance of New Hampshire's waters and environment as symbolized by the Medal of Honor plaque. She stressed her role as a constituent of the whole Senate and the impact of their decisions on all residents. Ducet argued that it is time to pass HB77 to improve landfill siting regulations, highlighting the bill's development over years to meet various concerns. She refuted misleading narratives about the economic impact of strengthened landfill regulations and stressed the need for the legislature to improve existing rules as recommended by JELCAR. Ducet urged the committee to vote yes for the generational benefits and the endorsement of thousands of New Hampshire residents who want a clean environment and safe landfill regulation.
HB77: Muriel Robinette, NH Association of Hydrogeologists Information Only02:06:40.320 - 10:05:45 AM; Muriel Robinette, a practicing hydrogeologist for 40 years and representing the NH Association of Hydrogeologists, clarified the confusion around the term 'rules' in the context of solid waste management. She praised the recent updates to New Hampshire's solid waste rules by DES for their completeness and detail in aspects from siting to closure. Robinette emphasized that the discussion should focus on locating the next landfill in New Hampshire, which will have a long-term impact, and shared her experience working on landfills in 11 states.
HB77: Unidentified Speaker Information Only02:08:10.560 - 10:07:15 AM; The speaker discusses the inevitability of contamination from landfills, emphasizing that all landfills leak contaminants into the ground. They explain the concept of hydraulic conductivity and its importance in managing the spread of contamination. They argue for locating landfills in areas with slow groundwater movement to minimize environmental impact, referencing House Bill 707 which aims to address these concerns by setting standards for landfill siting.
HB77: Unidentified Speaker Information Only02:08:58.159 - 10:08:03 AM; The speaker continues discussing the importance of landfill location, particularly advocating for sites with slow groundwater movement to contain contamination. They mention other states' requirements for clay in landfill sites and suggest that glacial till could meet the necessary standards set by House Bill 707. They emphasize the need for a strategic location for the next landfill to minimize environmental damage.
HB77: Unidentified Speaker Information Only02:11:51.599 - 10:10:56 AM; The speaker elaborates on the complexity of landfill sites and the various factors that can influence leaks, including the infrastructure like piping and pumps. They stress the importance of considering the entire site for leak management, not just the landfill envelope. They advocate for using natural materials like glacial till to help contain contamination, aligning with the goals of House Bill 707.
HB77: Unidentified Speaker Information Only02:14:37.679 - 10:13:42 AM; The speaker discusses the practical implications of leaks at landfill sites, emphasizing that leaks can occur not just from the landfill itself but from the handling and storage of leachate. They support the idea of using site characteristics to manage contamination, reiterating the importance of House Bill 707 in setting appropriate standards.
HB77: Sean Molhal, City Manager for the City of Lebanon Oppose02:17:25.879 - 10:16:30 AM; Sean Molhal, representing the City of Lebanon, expresses concerns about House Bill 77's potential impact on their landfill operations. The city is planning to expand its landfill and is worried about the bill's provisions, such as the requirement for 24/7 coverage which they find impractical due to staffing challenges. He also raises concerns about the bill's implications for airports near landfills and suggests that the bill could create conflicting legal standards.
HB77: Eric Steinhauser, Senior Vice President, San Hen and Associates Oppose02:20:55.200 - 10:20:00 AM; Eric Steinhauser, a senior vice president at San Hen and Associates, an environmental firm based in New Hampshire, expressed opposition to HB77. He highlighted his extensive experience in landfills and site remediation, emphasizing that his testimony represents his personal views, not those of any client or group he is associated with. Steinhauser argued that the bill's provisions, such as the 1500 ft setback or the 5-year travel time, could set impractical standards that might hinder the operation and development of landfills. He criticized the requirement for someone to be on site to identify leaks, stating it's impractical and unnecessary given the current protective measures in place. Steinhauser used an analogy of airplane turbulence to illustrate that some rules, while well-intentioned, might be unachievable and thus detrimental to the industry.
HB77: Senator Information Only02:26:20.720 - 10:25:25 AM; The Senator discussed concerns about the potential impact of soil composition maps on community reactions to landfill siting. He drew parallels to his experience in the septic industry, noting the variability of soil conditions across New Hampshire and the potential outrage from communities identified as suitable for landfills. He also raised questions about the bill's stance on imported fill, suggesting that it might be an unreasonable standard given technological advancements and the need for engineered solutions in landfill construction.
HB77: Eric Steinhauser, Senior Vice President, San Hen and Associates Information Only02:28:59.359 - 10:28:04 AM; In response to the Senator's questions, Eric Steinhauser agreed that the import of fill, if controlled and measured for permeability, could be beneficial. He explained that federal and state regulations already allow for engineered soil layers in landfill liners, which contradicts the bill's prohibition on imported fill. Steinhauser emphasized the need to consider the holistic impact of the bill's provisions on existing and future landfill operations.
HB77: Nancy Morrison Support02:31:28.640 - 10:30:33 AM; Nancy Morrison supported HB77, emphasizing the need for a moratorium on new landfill construction and the importance of location-specific setback criteria based on soil composition. She argued that understanding the travel time of contamination through soil is crucial for safely locating landfills, and praised the bill's foundation in science and its amendment by the House with the help of DES. Morrison urged the committee to vote in favor of the bill, highlighting its potential positive impact on New Hampshire's environment and communities for generations.

Avard, Kevin(Chairman)(R)[C+]2024	Pearl, Howard (V Chairman)(R)[C+]2024	Watters, David(D)[CT]2024
Rosenwald, Cindy(D)[CT]2024	McConkey, Mark(R)