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DES fee updates approved; committee adopts site‑evaluation committee for major solid‑waste proposals

2698877 · March 19, 2025
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Summary

The committee approved a broad set of Department of Environmental Services fee increases and voted to create a site evaluation committee (SEC) for very large solid‑waste facilities. The SEC language adds a 1‑year moratorium on permitting for large facilities while rules are developed and a 3‑year moratorium specifically for new landfills.

The House Finance Division heard an extended briefing from the Department of Environmental Services (DES) on multiple fee adjustments and a policy amendment that would create a new site evaluation committee (SEC) to review very large solid‑waste facilities.

DES officials and staff summarized a package of fee changes across hazardous‑waste programs, household hazardous‑waste grants, used‑oil fees, boat‑registration invasive‑species fees, dam‑safety registration fees and other regulatory charges. Staff said many fees last changed in 2007 and that the increases restore capacity to regulatory programs; several increases will permit agency positions to be funded from program receipts rather than the general fund. The committee discussed timing and the department noted that some increases would require rulemaking while others were set in statute and could be put in HB 2 language.

A separate, substantive amendment created a site evaluation committee (modeled on the state’s energy‑facility SEC) to review proposals for ‘‘major’’ solid‑waste facilities (defined by throughput thresholds) with two moratoria: a one‑year moratorium on permitting for any new large facility (100,000 tons of throughput or more) while rules and the committee are stood up, and a three‑year moratorium specifically on new landfills. The SEC language also gives the committee authority to require independent third‑party reviews (visual impacts, economic studies) paid by applicants; the amendment prohibits SEC members from accepting income from applicants and requires the SEC to consider impacts to wildlife, human health and local economic effects.

DES staff said the SEC is intended to front‑load siting, planning and public‑interest analyses so that developers and communities address broad regional considerations before applicants pursue departmental wetlands and solid‑waste permits. The committee voted to adopt the amendment as printed; one member requested a separate vote on the fee‑funding items. Assistant Commissioner Adam Crapo and DES division directors outlined administration of the new surcharge and the plan to reimburse in‑state municipalities for eligible tonnage when the fee is collected.

Ending: The committee adopted DES fee changes and the SEC amendment; DES will prepare final rule language, technical edits and the fee schedule for follow‑up and for the fiscal committee if supplemental funding is required for extraordinary SEC proceedings.