New Hampshire 2023 Regular Session

New Hampshire Senate Bill SB211

Introduced
1/24/23  
Refer
1/24/23  
Report Pass
2/16/23  
Engrossed
3/20/23  
Refer
3/20/23  
Refer
3/28/23  
Report Pass
5/11/23  
Enrolled
6/13/23  
Chaptered
6/21/23  

Caption

Relative to background investigations of solid waste and hazardous waste facility permit applicants.

Impact

This legislation aims to enhance the scrutiny of individuals and organizations applying for permits related to solid and hazardous waste management. By requiring detailed background checks, the bill seeks to ensure that only qualified and reputable entities are permitted to operate in this sensitive area, thereby safeguarding public health and environmental safety. This change is expected to improve oversight and potentially reduce the risk of environmental hazards associated with waste management facilities. The law seeks to reinforce existing frameworks while introducing more stringent checks into the permitting process, which could serve as a deterrent to applicants with questionable pasts.

Summary

Senate Bill 211 (SB211) addresses the requirements for background investigations and criminal record checks for applicants seeking permits to manage solid waste and hazardous waste facilities. The bill mandates that applicants must provide comprehensive performance history, including financial security and ownership details of facilities they operate or manage. Furthermore, it stipulates that the Attorney General conduct thorough background investigations of key individuals associated with the applicant, including their criminal records, which will involve fingerprint-based checks against national databases. The cost of these investigations will be borne by the applicants, ensuring that the state does not incur additional expenses.

Contention

While supporters of SB211 argue that it will foster a safer environment by ensuring thorough vetting of permit applicants, some critics may contend that the additional requirements could slow down the permitting process. There is concern that these stringent measures may create barriers to entry for smaller operators or new businesses looking to enter the waste management market. Additionally, the requirement for self-funded background checks could disproportionately affect less financially robust applicants, which might inadvertently limit competition in the market.

Future consideration

The bill also includes provisions regarding the transfer of waste management permits, stipulating that such transfers must be approved by the state and necessitate public hearings prior to final decisions. This procedure aims to maintain transparency and give communities a voice in the operations that impact them significantly. Stakeholders will need to monitor the implementation of SB211 closely to measure its effectiveness in enhancing public safety and environmental protection while balancing operational accessibility for waste management businesses.

Companion Bills

No companion bills found.

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