CHAPTER 138
HB 439 – FINAL VERSION
2007 SESSION
08/01
HOUSE BILL 439
COMMITTEE: Executive Departments and Administration
This bill makes certain changes to the rulemaking authority of the commissioner of the department of environmental services in response to an audit by the legislative budget assistant.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0345
08/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to certain rulemaking authority of the commissioner of environmental services.
Be it Enacted by the Senate and House of Representatives in General Court convened:
138:1 Underground Storage Facilities; Federal Assistance and Private Funds; Rulemaking Removed. Amend RSA 146-C:12, I to read as follows:
I. To implement this chapter, the commissioner is authorized on behalf of the state, with the approval of the governor and council, to apply for and accept any federal assistance which may become available for the purpose of this chapter, whether in the form of loan or grant or otherwise, to accept the provision of any federal legislation for such assistance, to enter into, act, and implement contracts in connection with such assistance, or to act as agent for the federal government in connection with such assistance. The commissioner shall [adopt rules pursuant to RSA 541-A for accepting] accept and [distributing] expend funds from the leaking underground storage tank trust fund established by 26 U.S.C. section 9508[. Pending adoption of such rules, where federal assistance is made available, the project shall be implemented] in accordance with applicable federal law, the regulations adopted under such law, and the contract or contracts providing for federal assistance, notwithstanding any contrary provision of state law. The commissioner may also utilize any private funds which may be made available for the purposes of this chapter.
138:2 Oil Discharge and Disposal Cleanup Fund; Competitive Bidding Required; Rulemaking Removed. Amend RSA 146-D:5-a, II to read as follows:
II. The commissioner of environmental services shall [adopt rules, pursuant to RSA 541-A, relative to] comply with RSA 21-I:22 - RSA 21-I:22-d for the competitive bidding process to be used under this section.
138:3 Cleanup of Waste Sites; Priorities; Rulemaking Removed. Amend RSA 149-M:30, II to read as follows:
II. If the amount of bonds authorized in a given year exceeds the annual bond limit, the commissioner shall recommend allocation of the bond guarantees based on the priority ranking system under paragraph I. [The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the administration of this section.]
138:4 Rulemaking; Provision Removed. Amend RSA 149-M:7, XII to read as follows:
XII. Administration of [the cleanup of waste sites provided for in RSA 149-M:30 and] the aid to municipalities program provided in RSA 149-M:41 through 50.
138:5 Aid to Municipalities for Water Pollution Control; Rulemaking Permitted. Amend the introductory paragraph of RSA 486:10 to read as follows:
486:10 Rulemaking. The commissioner [shall] may adopt rules under RSA 541-A relative to [payment of waste] treatment [costs] of wastes by or from industrial and nonindustrial recipients of waste treatment services [which shall] to establish:
138:6 Repeal. The following are repealed:
I. RSA 149-N, relative to the recycling logo.
II. RSA 339:71-76, relative to the use of plastic rings as packaging for bottles and cans.
III. RSA 486:2, relative to requiring regional wastewater treatment plants.
IV. RSA 487:5, relative to rulemaking to control marine pollution and aquatic growth.
138:7 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 18, 2007
Effective: August 17, 2007