New Hampshire has become a dumping ground for out-of-state trash. But that could change during the upcoming legislative session as lawmakers try to slam the brakes on trucks bringing waste from beyond state borders. One bill takes on the Interstate Commerce Clause that currently prevents the state from laying restrictions on privately owned landfills from taking in out-of-state waste. Meanwhile, a second bill proposes a measure that limits the out-of-state trash a landfill can accept.
Under a bill sponsored by state Rep. Peter Bixby, a Democrat from Dover, new landfills would be barred from private ownership, reserving ownership rights exclusively for the state, county, or town or city, while still permitting private entities to operate these landfills.
By prohibiting private ownership, the legislation (HB 1145) would give the state authority to restrict the types of waste accepted, navigating around potential conflicts with the Interstate Commerce Clause. This could involve targeted restrictions similar to Massachusetts’ bans on discarding textiles and mattresses. The broader scope even opens the door for an outright ban on out-of-state trash.