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HB 1776

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2025 Regular Session Introduced by Karl Oliver

HB 1776 tightens landfill siting: requires a regional certificate of need before DEQ permit, defines host community, demands formal local action, and a 4-year COE refresh.

Died In Committee
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Bill Summary · HB 1776

Summary — HB 1776 (Arkansas, 95th General Assembly, 2025 Regular Session)

Note: The provided bill document appears to contain text from multiple, unrelated bills (including an Illinois bill numbered HB 1776). This summary focuses on the Arkansas measure portions, which amend Arkansas solid‑waste permitting law (Ark. Code § 8-6-702 and § 8-6-706).

Main purpose

HB 1776 would revise the certificate‑of‑need process that must be obtained from a regional solid waste management board before applying for a new or expanded solid waste landfill or transfer station permit. The changes clarify the role of the “host community,” add procedural requirements for documenting local government action, and impose a four‑year refresh requirement for stale certificates of need.

Key provisions

  • Adds a definition (Ark. Code § 8-6-702):

    • “Host community” = the closest governmental unit (measured along major access roads/highways) that exercises zoning authority and lies within a 12‑mile radius of the proposed/current/expanded landfill site.

  • Amends permit application prerequisites (Ark. Code § 8-6-706(a)):

    • Requires a certificate of need from the regional solid waste management board before submitting an application to the Division of Environmental Quality (DEQ), except for private industry landfills used solely for disposal of that industry’s own waste or similar wastes.
    • Authorizes the DEQ to deny a landfill/transfer station permit if the regional board denied the certificate of need.
    • If more than four years elapse after issuance of the certificate during the pendency of the permit application, the applicant must supplement with a current certificate of need obtained in the same manner.

  • Adds petition content and local‑action documentation requirements (Ark. Code § 8-6-706(b)(3)):

    • Applicant must include a city council resolution or quorum court minute order reflecting the host community’s decision.
    • The resolution/order must have been voted on at a regularly scheduled meeting and signed by the city mayor (if municipality is the host) or the county judge (if municipality is not the closest governmental unit).

Who would be affected

  • Applicants seeking to build or expand municipal or commercial solid waste landfills or transfer stations in Arkansas.
  • Regional solid waste management boards and the Arkansas Division of Environmental Quality (permit reviewers/enforcers).
  • Local governments within a 12‑mile radius of proposed sites (municipal councils or county quorum courts) — increased formal role and documentation responsibility.
  • Private industries operating private, self‑use landfills are largely unaffected by the certificate requirement (existing exception preserved).

Procedural history / current status

  • Filed: January 8, 2025 (sponsored by Rep. Lundstrum; Rep. Unger listed as cosponsor).
  • Referred to Public Health (and related committee activity); public hearing held March 31, 2025 (testimony recorded), left pending in committee.
  • Final status: Died in House committee at Sine Die adjournment (May 5, 2025).

Potential effects and considerations

  • Increases formal local government involvement in landfill siting through the “host community” concept and required documentation.
  • Provides regional boards and DEQ clearer authority to block permits based on certificate decisions, potentially slowing or adding steps to permit timelines.
  • The 4‑year refresh requirement could require updated local/regional review for long‑running permit processes.
  • May decrease perceived risk of siting decisions made without explicit nearby local government assent; may also increase administrative burden for applicants and local bodies.

Compiled from official sources — confirm details with the bill’s official record.

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