HB 652-FN – AS INTRODUCED
2009 SESSION
08/09
HOUSE BILL 652-FN
AN ACT relative to the impact of demolition and construction projects on the environment.
COMMITTEE: Environment and Agriculture
This bill requires persons, including public agencies, responsible for projects involving demolition and construction to adhere to certain disclosure and hearing procedures prior to undertaking the project, including filing an environmental statement with the department of environmental services.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0647
08/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to the impact of demolition and construction projects on the environment.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Environmental Policy. Amend RSA 9-B by inserting after section 6 the following new subdivision:
9-B:7 Statement of Policy. The general court finds that protecting the natural environment can have a positive impact on the economic growth and development of our state. The air, water, land, and other natural resources, taken for granted since the settlement of the state, are now recognized as finite and precious and it is understood that coordinated efforts to encourage economic growth and environmental standards can create desirable outcomes for local businesses and workers in the state. Therefore, the general court hereby declares that the policy of the state of New Hampshire is to conserve and protect its environment and economic development.
9-B:8 Definitions.
I. “Environment” means the physical conditions which exist within the area which will be affected by a proposed project, including land, air, water, and objects of historic or aesthetic significance. The term contemplates that local environments are interconnected with the broader environment and that a project can contribute to adverse environmental impacts in other areas.
II. “Environment statement” means a detailed informational document that shall be prepared by the proponent of a project. The purpose of the environmental statement is to enable the public to be fully informed of the significant environmental impacts of the project and the existing public permitting processes.
III. “Person or corporation” means any human, organization, private or public agency, corporation, or other entity.
IV. “Project” means any construction or demolition activity which may impact the environment, as follows:
(a) A project undertaken by any public agency;
(b) A project undertaken by a person or other entity which is supported, in whole or in part, through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies; or
(c) A project that involves the issuance to a person or corporation of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies.
V. “Public agency” means any state or regional agency, authority, board, or commission; including but not limited to watershed districts, solid waste or waste water districts, port authorities, housing authorities, and economic development authorities; but does not include courts or school districts.
VI. “Significant environmental impact” means an effect on the environment that causes or contributes to measurable degradation of the environment.
9-B:9 Environmental Statements.
I. No person shall begin construction or demolition for a project that shall disturb an area of at least 100,000 contiguous square feet without first completing an environmental statement including:
(a) The name, address of the principal place of business, and contact information for the proponent of the project.
(b) A description of the project, including its purpose and its location, which shall include sufficient detail for the public to identify any potential significant environmental impacts, not only within the geographical boundaries of the project site, but also other locations that may be impacted by air movement; water movement, involving both surface and groundwater; and any other conditions that may create significant environmental impacts, including blasting. The environmental statement shall also include the names and addresses of every property owner sharing a common boundary with the project; those property owners within 1000 feet of a project property line; and, those property owners whose property may be otherwise adversely impacted by the project.
(c) An identification of every permit, local, state and federal, required by the project, together with a brief description of the permit processes, including the statutory references providing for the permit process; how the public may access information about the permit process, including case or docket number, the agency person responsible for the permit together with the contact information for the responsible person, together with relevant websites and related links; and, comment opportunities and schedules, timelines, and dates of public hearings.
(d) Whether or not the project is expected to have significant environmental impacts; a detailed description of each such impact; the identification and description of methods by which such impacts might be prevented, reduced or minimized; and the identification and description of alternatives, including the alternative of no action, and any significant environmental impacts that such alternatives may have.
II. The environmental statement shall be filed by the person or corporation desiring to begin a project with the department of environmental services within 5 days of filing any other permit necessary to begin the project. The environmental statement shall be a public record in accordance with RSA 91-A.
9-B:10 Environmental Statements; Commissioner’s Duties. The commissioner of environmental services shall:
I. Publicize the filing of the environmental statement by publishing notice on the same day of each week for 4 consecutive weeks in a newspaper of general circulation in each county where the project will be located. The notice shall describe the project, the project’s location with sufficient certainty in order that the public can identify the location, significant environmental impacts of the project, the date of the required public hearing, the comments submission deadline, and the name and contact information for the commissioner.
II. Hold a public information hearing within 60 days of the filing of the environmental statement in each county in which the project is to be located. The purpose of the hearing shall include a discussion of the significant environmental impacts of the project and the required permits, including the permit processes.
III. Mail a copy of the notice to the latest recorded property owners, United States mail, first class, postage prepaid.
IV. Be the contact person for the members of the public who need information about the project, the permit process, the rules and standing requirements for persons adversely affected by the project to intervene in the permit process, comment opportunities, and hearing schedules and dates.
9-B:11 Enforcement.
I. When a project, subject to this subdivision, is ready to proceed and all of the required permits are in place, any person adversely affected and suffering measurable damages or any organization with members who are adversely affected and suffering measurable damages by the proposed project may enforce the provisions of this section.
II. For the purposes of this section, a person adversely affected and suffering measurable damages shall demonstrate by a preponderance of evidence that:
(a) The project proponent has not identified in the environmental statement all the significant environmental impacts of the project; and
(b) The project has significant environmental impacts that are not adequately addressed in the permit process.
III. An action or proceeding alleging that a person, corporation, or other entity is adversely affected, as described in paragraph II, shall commence within 90 days from the date the environmental statement is released to the public. An action filed under the provisions of this subdivision shall be filed in the superior court of Merrimack county, New Hampshire, or in the county where the project is located.
IV. If a court finds, as a result of a trial, hearing, or remand from the New Hampshire supreme court, that any determination, finding, or decision of a public agency has been made without compliance with this subdivision, the court shall enter an order that includes one or more of the following:
(a) A mandate that the determination, finding, or decision be voided by the public agency, in whole or in part;
(b) A mandate that the public agency take specific action as may be necessary to bring the determination, finding, or decision into compliance with this subdivision.
9-B:12 Notification. The person filing the environmental statement shall pay all costs associated with notification and holding the public hearing.
9-B:13 Local Control. Nothing herein shall, in any manner, restrict or prohibit a local government including counties, towns, authorities or districts from the imposition of environmental processes and the enforcement of local ordinances, regulations, or the other controls stricter or more rigorous than those set forth in this subdivision.
2 Effective Date. This act shall take effect 30 days after its passage.
LBAO
09-0647
01/23/09
HB 652-FN - FISCAL NOTE
AN ACT relative to the impact of demolition and construction projects on the environment.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from the Department of Transportation. When completed, the fiscal note will be forwarded to the House Clerk's Office.