HB121 (2006) Detail

(New Title) relative to local land use approval for facilities requiring certain pollution control permits.


HB 121 – AS AMENDED BY THE HOUSE

04Jan2006… 0176h

2005 SESSION

05-0288

08/10

HOUSE BILL 121

AN ACT relative to local land use approval for facilities requiring certain pollution control permits.

SPONSORS: Rep. Currier, Merr 5; Rep. King, Coos 1; Rep. Keans, Straf 1; Sen. Barnes, Dist 17; Sen. Odell, Dist 8

COMMITTEE: Municipal and County Government

AMENDED ANALYSIS

This bill clarifies that issuance of an air pollution control permit, an underground storage facility permit, a dredge and fill permit, a permit under the groundwater protection act, or a solid waste facility permit does not affect any obligation to obtain local approvals required under local ordinances, codes, and regulations.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04Jan2006… 0176h

05-0288

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to local land use approval for facilities requiring certain pollution control permits.

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

1 New Paragraph; Air Pollution Control Permit; Local Approval Required. Amend RSA 125-C:11 by inserting after paragraph V the following new paragraph:

VI. The issuance of an air pollution control permit by the department shall not affect any obligation to obtain local approvals required under all applicable, lawful local ordinances, codes, and regulations not inconsistent with this chapter.

2 Liability for Cleanup Costs; Municipal Regulations; Local Approvals Required. RSA 146-C:11, III is repealed and reenacted to read as follows:

III. The issuance of an underground storage facility permit by the department shall not affect any obligation to obtain local approvals required under all applicable, lawful local ordinances, codes, and regulations not inconsistent with this chapter.

3 Removal; Restoration; Equity Relief. Amend RSA 482-A:14-b, II to read as follows:

II. Municipalities may apply to a justice of the superior court for injunctive relief against existing or impending violations of this chapter, or any rule or order issued under this chapter. The municipality shall give notice of any such action to the attorney general and the commissioner of environmental services, who may take such steps as they deem necessary to ensure uniform statewide enforcement, including but not limited to joining the action, assuming sole prosecution of the action, or, as of right, dismissing the action without prejudice. Such notice shall be given at least 30 days prior to the commencement of any such action, unless more immediate action is necessary to prevent irreparable environmental damage or other serious public harm, in which case such notice shall be given as soon as practicable, but in no event later than the date of commencement of the action. [This paragraph shall not be construed to affect, in any manner, existing authority of municipalities to act based upon the provisions of other statutes or local ordinances. ] The issuance of a permit by the department shall not affect any obligation to obtain local approvals required under all applicable, lawful local ordinances, codes, and regulations not inconsistent with this chapter.

4 Groundwater Protection Act; Effect on Local Ordinances. RSA 485-C:20 is repealed and reenacted to read as follows:

485-C:20 Effect on Local Ordinances. The issuance of a permit by the department shall not affect any obligation to obtain local approvals required under all applicable, lawful local ordinances, codes, and regulations not inconsistent with this chapter.

5 Permit Required; Presumption Removed. Amend RSA 149-M:9, VII to read as follows:

VII. The issuance of a facility permit by the department shall not affect any obligation to obtain local approvals required under all applicable, lawful local ordinances, codes, and regulations not inconsistent with this chapter. [Local land use regulation of facility location shall be presumed lawful if administered in good faith, but such presumption shall not be conclusive.]

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

Links

HB121 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB121 Revision: 9490 Date: Jan. 21, 2010, midnight

Docket