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Lawmaker’s proposed cap on out‑of‑state trash draws sharp legal warnings
Summary
Representative proposed a phased cap (30% for current operators, 15% going forward) on out‑of‑state waste; legal counsel called the measure likely unconstitutional under the Commerce Clause and DES warned of implementation challenges.
Representative Nick introduced a proposal to limit the share of out‑of‑state waste accepted at New Hampshire facilities — setting a 30% cap for current operators (phasing to 15% for future facilities) and giving lead time to comply. "We're gonna get sued," the representative acknowledged during testimony, saying the cap was intended to balance regional commerce with state public‑health concerns and to avoid becoming the region’s "dumping ground."
Legal counsel…
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