Bill Text - SB450 (2018)

Establishing an advisory commission for the department of environmental services relative to the delegation of authority of the National Pollutant Discharge Elimination System Program.


Revision: May 9, 2018, 12:06 p.m.

SB 450-FN-A - AS AMENDED BY THE HOUSE

 

02/15/2018   0393s

03/15/2018   1072s

5Apr2018... 1205h

3May2018... 1809h

 

2018 SESSION

18-2863

08/03

 

SENATE BILL 450-FN-A

 

AN ACT establishing an advisory commission for the department of environmental services relative to the delegation of authority of the National Pollutant Discharge Elimination System Program.

 

SPONSORS: Sen. Bradley, Dist 3; Sen. Carson, Dist 14; Sen. Fuller Clark, Dist 21; Sen. Gannon, Dist 23; Sen. Gray, Dist 6; Sen. Innis, Dist 24; Sen. Reagan, Dist 17; Sen. Watters, Dist 4; Rep. Vose, Rock. 9; Rep. Mullen, Straf. 1; Rep. Suzanne Smith, Graf. 8; Rep. Spang, Straf. 6

 

COMMITTEE: Energy and Natural Resources

 

─────────────────────────────────────────────────────────────────

 

ANALYSIS

 

This bill establishes an advisory commission for the department of environmental services to the delegation of authority for the National Pollutant Discharge Elimination System Program.

 

This bill is a request of the National Pollutant Discharge Elimination System study commission established in RSA 483-B:7-a.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/15/2018   0393s

03/15/2018   1072s

5Apr2018... 1205h

3May2018... 1809h 18-2863

08/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT establishing an advisory commission for the department of environmental services relative to the delegation of authority of the National Pollutant Discharge Elimination System Program.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

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, 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 Association of New Hampshire 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 senator, appointed by the president of the senate.

XV.  Two 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 time line 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 study commission shall elect a chairperson from 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.

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

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.

 

LBAO

18-2863

Amended 5/9/18

 

SB 450-FN-A- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2018-1809h)

 

AN ACT establishing an advisory commission for the department of environmental services relative to the delegation of authority of the National Pollutant Discharge Elimination System Program.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

$350,000

$0

$0

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

METHODOLOGY:

This bill establishes an advisory commission to study delegation of the authority for the National Pollutant Discharge Elimination System (NPDES).  The Department of Environmental Services assumes it would hire a consultant to assist the Department and the NPDES Advisory Commission to prepare a report on its findings to the Senate President, House Speaker, Senate Clerk, House Clerk, the Governor and the State Library by March 1, 2020.  The Department has not analyzed all of the expenditures that would be incurred to fulfill the requirements of this bill, but estimates the costs would be approximately $350,000.  Since the bill as amended does not include an appropriation and the effective date is now in FY 2020, the Department assumes the necessary funding will be included in the FY 2020 operating budget.

 

AGENCIES CONTACTED:

Department of Environmental Services