HB 266 – AS INTRODUCED
2013 SESSION
10/03
HOUSE BILL 266
AN ACT repealing certain agency rulemaking exemptions from the administrative procedures act.
SPONSORS: Rep. C. McGuire, Merr 29; Rep. Jones, Straf 24
COMMITTEE: Executive Departments and Administration
This bill repeals certain specific exceptions for rules adopted by an agency from compliance with the procedures of RSA 541-A, the administrative procedures act.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13-0073
10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT repealing certain agency rulemaking exemptions from the administrative procedures act.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Repeal of Exceptions to Rulemaking. The following are repealed:
I. RSA 541-A:21, I(a), relative to the exception for RSA 230:53, relative to the use of limited access highway facilities.
II. RSA 541-A:21, I(g), relative to the exception for RSA 236:13, relative to driveway permits.
III. RSA 541-A:21, I(h), relative to the exception for RSA 231:161, relative to licensing utility poles and appurtenances within public highways.
IV. RSA 541-A:21, I(l), relative to the exception for RSA 284:12, IV, relative to the sale of pari-mutuel pools as authorized under RSA 284:22 and RSA 284:22-a.
V. RSA 541-A:21, I(u), relative to the exception for RSA 162-A, relative to the business finance authority.
VI. RSA 541-A:21, I(v), relative to the exception for rules adopted under RSA 195-D, relative to the New Hampshire health and education facilities authority.
VII. RSA 541-A:21, I(w), relative to the exception for RSA 485:16-b, II, relative to limits on the concentration of methyl tertiary butyl ether in gasoline.
VIII. RSA 541-A:21, I(x), relative to the exception for RSA 204-C:53, relative to the housing finance authority.
IX. RSA 541-A:21, I(dd), relative to the exception for RSA 270:12, relative to boat operating restrictions.
X. RSA 541-A:21, II, relative to the exemption from committee review under RSA 541-A:13 for rules adopted under RSA 394-A:7.
2 Limited Access Highways. Amend RSA 230:53 to read as follows:
230:53 Regulations; Posting. The commissioner of transportation may regulate, restrict, or prohibit the use of such limited access facilities by trucks, buses, and other commercial vehicles, may regulate or prohibit the use of such facilities by all other types of vehicles, and may regulate or prohibit other use of such facilities. Such regulations, adopted under RSA 541-A, shall be posted on every such highway and a return thereof shall be filed with the department of transportation to be kept in a special book which shall be open to public inspection.
3 New Paragraph; Highway Regulations; Driveways; Rulemaking. Amend RSA 236:13 by inserting after paragraph VI the following new paragraph:
VII. The commissioner of transportation shall adopt rules, pursuant to RSA 541-A, for the following:
(a) The form of application for a driveway permit, including alterations and temporary driveways.
(b) Additional data required and the types of driveways that require such data.
(c) Design and maintenance requirements for driveways.
(d) The approval process for permits, including criteria for nonapproval and deadlines.
(e) Conditions for suspension or revocation of a driveway permit.
(f) The process for appeals of decisions.
4 Transportation; Procedure to Install Poles and Wires Across Highway. Amend RSA 231:161, I(c) to read as follows:
(c) State Maintained Highways. Petitions for such permits or licenses concerning all class I and class III highways and state maintained portions of class II highways shall be addressed to the commissioner of transportation who shall have exclusive jurisdiction of the disposition of such petitions to the same effect as is provided for selectmen in other cases, and also shall have like jurisdiction for changing the terms of any such license or for assessing damages as provided herein. The commissioner shall also have the same authority as conferred upon the selectmen by RSA?231:163 to revoke or change the terms and conditions of any such license. The commissioner is hereby authorized to delegate all or any part of the powers conferred upon him or her by the provisions of this section to such agent or agents as he or she may duly appoint in writing; [he] the commissioner shall cause such appointments to be recorded in the office of the secretary of state, who shall keep a record thereof. The commissioner shall adopt rules under RSA 541-A for the criteria to change terms of licenses, to assess damages, or to delegate powers to agents as provided in this section.
5 New Hampshire Health and Education Facilities Authority. Amend RSA 195-D:5, VIII to read as follows:
VIII. To [establish] adopt rules [and regulations] pursuant to RSA 541-A for the use of a project or any portion thereof and the procedure to designate a participating institution as its agent [to establish rules and regulations for the use of a] for any project undertaken [by such participating institution];
6 Repeal. RSA 195-D:5-a, relative to an exemption from rules and from the administrative procedure act, for the New Hampshire health and education facilities authority, is repealed.
7 Housing Finance Authority; Rulemaking. Amend the introductory paragraph of RSA 204-C:9 to read as follows:
204-C:9 Rulemaking Authority. The authority may adopt rules pursuant to [its own procedures] RSA 541-A relative to:
8 Repeal. RSA 204-C:53, relative to the exemption from the administrative procedure act for the housing finance authority, is repealed.
9 Housing Finance Authority; Rulemaking References Changed. Amend the following RSA?provisions by replacing “RSA 204-C:53” with “RSA 541-A”: the introductory paragraph of RSA?204-C:62; the introductory paragraph of RSA 204-C:68; the introductory paragraph of RSA?204-C:85; the introductory paragraph of RSA 204-D:6.
10 Commissioner of Safety; Boat Operating Restrictions. Amend RSA 270:12, I to read as follows:
I. The commissioner of safety shall, after receiving a petition signed by 25 or more residents or property owners of each affected town or towns in which a lake, pond, or river is located and after notice and hearing, at which it appears that the public interest requires, adopt pursuant to the requirements of RSA 541-A rules governing the maximum horsepower of boat engines and outboard motors or prescribe maximum speed limits for the operation of such boats or outboard motors applicable to or upon all or any portion of the public waters of this state. The commissioner of safety shall, in like manner and after notice and hearing, prohibit the use of motorboats and outboard motors on bodies of public water having an area of 35 acres or less; provided, that said prohibition shall not be construed as affecting the bodies of water covered by RSA 270:75 through 270:132. Hearings under this section shall be held in the vicinity of the body of water under consideration during the months of June, July, August, and September following the date of the petition.
11 Repeal. RSA 485:16-b, II through V, relative to authority to limit MTBE in gasoline, are repealed.
12 Effective Date. This act shall take effect 60 days after its passage.