HB 1571 – AS INTRODUCED
2006 SESSION
10/03
HOUSE BILL 1571
AN ACT relative to reports of legislative standing committees on environmental legislation and relative to the adoption of rules concerning environmental regulation.
SPONSORS: Rep. Moran, Hills 18; Rep. Itse, Rock 9; Rep. Dowling, Rock 5
COMMITTEE: Environment and Agriculture
This bill requires standing committees of the house of representatives and the senate which report on bills concerning environmental matters, and agencies adopting rules concerning environmental matters, to include a statement on the sound scientific basis for the regulation.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2920
10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to reports of legislative standing committees on environmental legislation and relative to the adoption of rules concerning environmental regulation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Permanent Standing Committees of the General Court; Environmental Legislation; Statement Required. Amend RSA 17-D by inserting after section 4 the following new section:
17-D:4-a Reports On Environmental Matters; Statement Required. Any permanent standing committee that reports on proposed legislation in a subject area related to environmental matters, and which intends to restrict the use, improvement, maintenance, or repair of privately-owned property, including such subjects as water or air pollution control, shoreline and land management, waste management, technology requirements, uses of natural resources, and utilities controls, shall include in its report a statement of the credible and sound scientific basis for the legislation. The statement shall show that the harm to be prevented is justified relative to the cost of compliance.
2 Procedure for Adoption of Rules. Amend RSA 541-A:3, I to read as follows:
I. Filing a notice of the proposed rule under RSA 541-A:6, including a fiscal impact statement [and], a statement that the proposed rule does not violate the New Hampshire constitution, part I, article 28-a, and, for environmental matters, a statement on the credible and sound scientific evidence for the rule required in RSA 541-A:5-a;
3 New Section; Statement on Environmental Regulation. Amend RSA 541-A by inserting after section 5 the following new section:
541-A:5-a Statement on Environmental Regulation. Any agency proposing the adoption, readoption, or amendment of a rule in a subject area related to environmental matters, and which intends to restrict the use, improvement, maintenance, or repair of privately owned property, including such subjects as water or air pollution control, shoreline and land management, waste management, technology requirements, uses of natural resources, and utilities controls, shall include a statement of the credible and sound scientific basis for the rule. The statement shall show that the harm to be prevented is justified relative to the cost of compliance.
4 New Subparagraph; Notice of Rulemaking. Amend RSA 541-A:6, I by inserting after subparagraph (j) the following new subparagraph:
(k) A statement, with adequate details and supporting data, that the proposed rule on environmental matters is based on credible and sound scientific evidence provided in the statement on environmental regulation.
5 Review by Joint Legislative Committee on Administrative Rules. Amend RSA 541-A:13, IV to read as follows:
IV. The committee may object to a proposed rule if the rule is:
(a) Beyond the authority of the agency;
(b) Contrary to the intent of the legislature;
(c) Determined not to be in the public interest; [or ]
(d) Deemed by the committee to have a substantial economic impact not recognized in the fiscal impact statement; or
(e) Deemed by the committee to have substantial impact not recognized in the statement on environmental regulation.
6 Effective Date. This act shall take effect 60 days after its passage.