CHAPTER 137

HB 66-FN - FINAL VERSION

06mar03... 0263h

05/22/03 1663s

2003 SESSION

03-0077

05/09

HOUSE BILL 66-FN

AN ACT relative to executive agency rulemaking authority.

SPONSORS: Rep. Heon, Straf 67; Sen. Clegg, Dist 14

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

This bill prohibits administrative agencies from adopting rules that incorporate by reference any code, rule, or document from another state without specific legislative approval.

The bill allows the department of environmental services to adopt rules relative to vapor recovery equipment by incorporating by reference standards issued by the California air resources board.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06mar03... 0263h

05/22/03 1663s

03-0077

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to executive agency rulemaking authority.

Be it Enacted by the Senate and House of Representatives in General Court convened:

137:1 New Section; Administrative Procedure Act; Restriction on Rules Incorporating Documents by Reference. Amend RSA 541-A by inserting after section 3-a the following new section:

541-A:3-b Restriction on Rules Incorporating Documents by Reference. No agency may propose or adopt a rule under RSA 541-A:3 or RSA 541-A:19 that incorporates by reference any code, rule, or document from another state government without specific authority in the authorizing legislation or specific legislative approval for such a rule.

137:2 Applicability. RSA 541-A:3-b, as inserted by section 1 of this act, shall apply to rules adopted on or after January 1, 2004.

137:3 New Paragraph; Air Pollution Control; Rulemaking Relative to Vapor Recovery; Incorporation by Reference Permitted. Amend RSA 125-C:4 by inserting after paragraph I the following new paragraph:

I-a. In adopting rules under paragraph I, the department may incorporate by reference standards issued by the California air resources board relative to certification and testing of vapor recovery equipment.

137:4 Effective Date. This act shall take effect January 1, 2004.

(Approved: June 17, 2003)

(Effective Date: January 1, 2004)