HB 1295 - AS INTRODUCED
2001 SESSION
06/09
HOUSE BILL 1295
COMMITTEE: Executive Departments and Administration
This bill establishes a commission to review the administrative rules of the department of environmental services and to adopt a plan for a mediation board to arbitrate noncompliance issues.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01-2100
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand One
AN ACT establishing an environmental services review commission.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Commission Established. There is established a commission to review administrative rules established by the department of environmental services and adopt a plan for a mediation board.
2 Membership and Compensation.
I. The members of the commission shall be as follows:
(a) Three members of the house of representatives, appointed by the speaker of the house.
(b) Three members of the senate, appointed by the president of the senate.
(c) The commissioner of environmental services, or designee.
(d) The state geologist.
(e) Nine members of the public, none of whom shall be employees of the department of environmental services, appointed by the governor as follows:
(1) An environmental advocate.
(2) A member of a municipal conservation commission.
(3) A person engaged in an environmental business or industry.
(4) A person with expertise in biology.
(5) A person with expertise in low-temperature geochemistry.
(6) A person with expertise in organic chemistry.
(7) A person with expertise in geology.
(8) A representative of municipal government, nominated by the New Hampshire Municipal Association.
(9) A representative of county government, nominated by the New Hampshire Association of Counties.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
3 Duties. The duties of the commission shall include but not be limited to:
I. Review of department administrative rules with respect to the New Hampshire Revised Statutes Annotated (RSAs).
II. Review of compliance and noncompliance statistics from the department, including all issuance of administrative orders during the last 5 years.
III. Compilation of the relativity of the department's rules with respect to intentions of the general court as promulgated through the RSAs.
IV. Review of the efficiency with which the department is able to enforce existing rules, and to what extent that efficiency is relative to the RSAs.
V. Adopt a plan for a mediation board independent of the department to which the public can, without cost, refer noncompliance issues from the department for arbitration. The commission's plan would be reviewed by the general court and used as a model for legislation establishing such mediation board.
VI. Review current guidelines for lobbying activities relative to pending legislation in order to recommend rules to limit advocacy related to agency lobbying, in order that agency testimony focus on providing expert information.
VII. Review and report changes and tangible results of agency response to "1999 USEPA Final Review of the State of New Hampshire's Environmental Enforcement Programs and Assistance and Pollution Prevention Programs."
4 Chairperson. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section.
5 Report. The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2003.
6 Effective Date. This act shall take effect upon its passage.