New Hampshire Senate passes bill to modify landfill site evaluation

Amended version of House Bill 707 will return to the House for further discussion.

New Hampshire capital building

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The New Hampshire Senate has passed an amended version of House Bill 707, legislation that would establish a new process to evaluate landfill sites.

The Senate passed the bill after rejecting a separate floor amendment during its session Jan. 7. The amended version will return to the House for further discussion.

House Bill 707 calls for a seven-member committee to evaluate a set list of criteria, sound science and careful consideration of public health and environmental impacts, according to Sen. Howard Pearl. The committee’s evaluation would take precedence over local regulations during the landfill siting process.

“This bill is about responsible oversight that protects our communities and ensures that any new solid waste facility meets state standards before moving forward,” Pearl says. “The energy and natural resources committee respectfully asks for your support for HB 707 as passed with amendment.”

Sen. David Rochefort spoke in opposition of the legislation and introduced amendment 20260046 designed to strengthen local control. He argued that the state has sufficient landfill capacity to dispose of its waste through 2034, not even counting existing planned facility expansions.

He added that House Bill 707 is targeted at a specific project: The North Country Environmental Services (NCES) Landfill in Bethlehem, New Hampshire, operated by Casella Waste Systems.

The Bethlehem Select Board sent a letter to lawmakers in advance of the Jan. 7 session opposing the amended bill.

“In my opinion, and in the opinion of my district and of my constituents, it offers to benefit not the whole state, but a single project operator,” Rochefort said. “After years of litigation and untold sums of legal fees, the little town of Bethlehem ultimately reached a settlement with a landfill operator. That agreement, entered into by both sides in good faith, was legally binding and accepted by all parties.

“They thought the fight was over. Here we find ourselves today and this legislation would effectively void that agreement unilaterally without the consent or input of one of the parties. You hear the term pull the rug out, this bill pulls the rug out from under a deal that was lawfully negotiated and settled. The proper way to change or exit an agreement is not through legislation like this, but by placing the question on a town ballot and allowing the people Bethlehem. They entered into the agreement and they should retain the right to determine whether they wish to remain in it. And I’m going to tell you right now, that process is underway as we speak for the town meeting in March.”

Sen. David Watters spoke in support of the floor amendment, but it ultimately failed 12-12, while the original, amended version of House Bill 707 passed.

“I think it’s important not to circumvent the process of the local deliberation on the agreement with Casella,” Watters said.