HB1507: relative to public notice requirements for permits issued by the department of environmental services.

HB 1507 - AS AMENDED BY THE HOUSE

11Mar2020... 0951h

2020 SESSION

20-2695

08/03

HOUSE BILL 1507

AN ACT relative to public notice requirements for permits issued by the department of environmental services.

SPONSORS: Rep. Aron, Sull. 7; Rep. Potucek, Rock. 6; Rep. Camarota, Hills. 7; Rep. Pearl, Merr. 26

COMMITTEE: Environment and Agriculture

ANALYSIS

This bill requires the department for environmental services to use electronic postings for notice of receipt of certain permit applications and intent to issue certain draft permits.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2020... 0951h 20-2695

08/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty

AN ACT relative to public notice requirements for permits issued by the department of environmental services.

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

1 Solid Waste Management; Rulemaking; Notice Requirements. Amend RSA 149-M:7, III to read as follows:

III. Administration of a permit system, including the terms, conditions, and time frames under which the department shall issue, modify, suspend, revoke, deny, approve, or transfer permits required by this chapter, and means of noticing the public about such permits including, but not limited to, using electronic means via notice on the department's Internet website, and communicating permitting information with affected municipalities.

2 Solid Waste Management; Solid Waste Management; Permit Required; Electronic Notice Required. Amend RSA 149-M:9, VIII to read as follows:

VIII. The department shall act upon each permit application within the time periods specified in rules adopted under RSA 149-M:7. For permits requiring a public hearing under rules adopted under RSA 149-M:7, once the department determines that an application is complete, in no case, without prior written agreement regarding an extension with the applicant, shall the department take longer than 180 days to issue or deny the permit. For permits that do not require a public hearing under rules adopted under RSA 149-M:7, once the department determines that the application is complete, in no case, without the prior written agreement regarding an extension with the applicant, shall the department take longer than 120 days to issue or deny the permit. Prior to such action, the department shall provide notice of the application by publication in at least one newspaper of general circulation in the community and the department's Internet website, and an opportunity for hearing to interested persons. The applicant shall notify abutters of the public hearing in writing by certified mail, return receipt requested. The requirement of public notice and hearing shall apply at the discretion of the department to facilities or activities that will have an insignificant effect on environmental quality as defined by rule under RSA 149-M:7.

3 Effective Date. This act shall take effect 60 days after its passage.