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Committee advances landfill setback bill after months of revisions; passes 14-1 as amended
Summary
HB 707, which directs the Department of Environmental Services to establish site-specific setback distances for new landfills and sets a numerical contaminant threshold, passed the committee with an amendment and was recommended to pass as amended (14-1).
The New Hampshire House Environment & Agriculture Committee advanced HB 707 with amendment 2025-1041h and recommended the bill as amended by a 14-1 recorded vote.
Representative Potenza, sponsor of the bill, said the amendment updates technical threshold language and gives the Department of Environmental Services (DES) clearer authority over permit denials. She told the committee the amendment changes a numerical groundwater protection parameter to 1 × 10^-4 and revises permit-denial language so DES “may deny” applications under specified conditions now read more definitively to assist enforcement.
Committee members debated a proposed 1,500-foot setback from public water sources and engineering alternatives such as berms and other controls. Representative Scully raised concerns that an arbitrary 1,500-foot setback could be overly restrictive in some topographies and suggested allowing performance-based engineering mitigations. Representative Potenza responded that the larger setback is aimed at preventing surface spills from reaching water and noted maps show sufficient alternative landfill locations under the revised setback.
Formal action: the committee adopted amendment 2025-1041h (roll call 15-0), then voted to recommend OTPA (ought to pass as amended) on HB 707 (roll call 14-1). Representative Scully cast the lone “no” vote on the OTPA motion. The committee placed the bill on the consent calendar.
The amendment also aligns permit-denial conditions with existing RSA provisions per DES advice, and members said the rulemaking process will handle detailed engineering standards. Supporters said the changes attempt to balance environmental protections for drinking-water supplies with practical siting options for new facilities.
