320:1 New Chapter; National Pollutant Discharge Elimination System Advisory Commission. Amend RSA by inserting after chapter 149-P the following new chapter:

CHAPTER 149-Q

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ADVISORY COMMISSION

149-Q:1 Commission Established. There is established a commission to study the delegation of authority for the National Pollutant Discharge Elimination System (NPDES).

149-Q:2 Membership and Compensation. The members of the commission shall be as follows:

I. One member of an affected nuclear facility, appointed by the governor.

II. Two members of the Business and Industry Association of New Hampshire, appointed by the association.

III. One member representing both the New Hampshire Rivers Council and New Hampshire Lakes Association, appointed by those organizations.

IV. Three geographically dispersed members representing affected water and sewer facilities appointed by the New Hampshire Municipal Association.

V. One member of the Granite State Hydropower Association, appointed by that association.

VI. One member of the New Hampshire Association of Realtors, appointed by that association.

VII. One member of the Associated General Contractors of New Hampshire, appointed by that association.

VIII. One member of the New Hampshire Water Pollution Control Association, appointed by that association.

IX. One member representing affected public utilities, appointed by the governor.

X. One member representing an affected regional planning commission, appointed by the New Hampshire Association of Regional Planning Commissions.

XI. The commissioner of the department of transportation, or designee.

XII. One member of an environmental group, appointed by the governor.

XIII. The Great Bay Piscataqua Waterkeeper.

XIV. One member of the senate, appointed by the president of the senate.

XV. Two members of the house of representatives, appointed by the speaker of the house of representatives.

149-Q:3 Duties. The commission shall propose legislation for a delegation of the authority for the NPDES to the department of environmental services. Such proposal shall include a report consisting of the following:

I. Analyzing the costs and scope of personnel for permit writing, outreach, science, compliance, and enforcement.

II. Examining the alternatives for funding, including fee analysis to understand how fees might be allocated, including discharge volume, quality, frequency, and the effects on individual households and businesses.

III. Comparing New Hampshire statutes and administrative rules to Environmental Protection Agency requirements to determine changes that are needed.

IV. Analyzing current monitoring, analysis, total maximum daily load, and data management requirements.

V. Analyzing current outreach deficiencies by identifying stakeholders and giving them a period to respond to proposals.

VI. Planning, management, and oversight of staffing and activities, including proposals for reorganization if necessary.

VII. Proposing an orderly transition approach and creating a timeline for the transition.

VIII. Analyzing the cost of data management during the transition and after the delegation of authority.

149-Q:4 Chairperson; Quorum. The members of the commission shall elect a chairperson among the members. The first meeting of the commission shall be called by the senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Seven members of the commission shall constitute a quorum.

149-Q:5 Report. The commission shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before March 1, 2020.

320:2 Repeal. RSA 149-Q, relative to the NPDES advisory commission, is repealed.

320:3 Effective Date.

I. Section 2 of this act shall take effect March 1, 2020.

II. The remainder of this act shall take effect October 1, 2019.

Approved: June 25, 2018

Effective Date:

I. Section 2 shall take effect March 1, 2020.

II. Remainder shall take effect October 1, 2019.

320:1 New Chapter; National Pollutant Discharge Elimination System Advisory Commission. Amend RSA by inserting after chapter 149-P the following new chapter:

CHAPTER 149-Q

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ADVISORY COMMISSION

149-Q:1 Commission Established. There is established a commission to study the delegation of authority for the National Pollutant Discharge Elimination System (NPDES).

149-Q:2 Membership and Compensation. The members of the commission shall be as follows:

I. One member of an affected nuclear facility, appointed by the governor.

II. Two members of the Business and Industry Association of New Hampshire, appointed by the association.

III. One member representing both the New Hampshire Rivers Council and New Hampshire Lakes Association, appointed by those organizations.

IV. Three geographically dispersed members representing affected water and sewer facilities appointed by the New Hampshire Municipal Association.

V. One member of the Granite State Hydropower Association, appointed by that association.

VI. One member of the New Hampshire Association of Realtors, appointed by that association.

VII. One member of the Associated General Contractors of New Hampshire, appointed by that association.

VIII. One member of the New Hampshire Water Pollution Control Association, appointed by that association.

IX. One member representing affected public utilities, appointed by the governor.

X. One member representing an affected regional planning commission, appointed by the New Hampshire Association of Regional Planning Commissions.

XI. The commissioner of the department of transportation, or designee.

XII. One member of an environmental group, appointed by the governor.

XIII. The Great Bay Piscataqua Waterkeeper.

XIV. One member of the senate, appointed by the president of the senate.

XV. Two members of the house of representatives, appointed by the speaker of the house of representatives.

149-Q:3 Duties. The commission shall propose legislation for a delegation of the authority for the NPDES to the department of environmental services. Such proposal shall include a report consisting of the following:

I. Analyzing the costs and scope of personnel for permit writing, outreach, science, compliance, and enforcement.

II. Examining the alternatives for funding, including fee analysis to understand how fees might be allocated, including discharge volume, quality, frequency, and the effects on individual households and businesses.

III. Comparing New Hampshire statutes and administrative rules to Environmental Protection Agency requirements to determine changes that are needed.

IV. Analyzing current monitoring, analysis, total maximum daily load, and data management requirements.

V. Analyzing current outreach deficiencies by identifying stakeholders and giving them a period to respond to proposals.

VI. Planning, management, and oversight of staffing and activities, including proposals for reorganization if necessary.

VII. Proposing an orderly transition approach and creating a timeline for the transition.

VIII. Analyzing the cost of data management during the transition and after the delegation of authority.

149-Q:4 Chairperson; Quorum. The members of the commission shall elect a chairperson among the members. The first meeting of the commission shall be called by the senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Seven members of the commission shall constitute a quorum.

149-Q:5 Report. The commission shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before March 1, 2020.

320:2 Repeal. RSA 149-Q, relative to the NPDES advisory commission, is repealed.

320:3 Effective Date.

I. Section 2 of this act shall take effect March 1, 2020.

II. The remainder of this act shall take effect October 1, 2019.

Approved: June 25, 2018

Effective Date:

I. Section 2 shall take effect March 1, 2020.

II. Remainder shall take effect October 1, 2019.