SB203 (2019) Detail

Making modifications to legal requirements for wetlands and environmental council administrative appeals.


CHAPTER 202

SB 203 - FINAL VERSION

 

/14/2019   0368s

2019 SESSION

19-0849

08/06

 

SENATE BILL 203

 

AN ACT making modifications to legal requirements for wetlands and environmental council administrative appeals.

 

SPONSORS: Sen. Bradley, Dist 3

 

COMMITTEE: Energy and Natural Resources

 

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ANALYSIS

 

This bill makes modifications to legal requirements for wetlands and environmental council administrative appeals.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/14/2019   0368s 19-0849

08/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT making modifications to legal requirements for wetlands and environmental council administrative appeals.

 

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

 

202:1  Administrative Appeals; Permitting Decision.  Amend RSA 21-O:14, I(a) to read as follows:

I.(a)  For purposes of this chapter, "department permitting decision" means the department's final action[ to grant in whole or in part, with or without conditions, or to deny] on an application or other request for a license as defined in RSA 541-A:1, VIII, whether the action to accept, grant in whole or in part with or without conditions, or deny the application or request and whether the action is taken by the commissioner or by the department official who has statutory authority to take such final action or to whom the commissioner has properly delegated the authority to take such final action.

202:2  Administrative Appeals.  Amend RSA 21-O:14, I-a to read as follows:

I-a.(a)  Any person aggrieved by a department decision may, in addition to any other remedy provided by law, appeal to the council having jurisdiction over the subject matter of the appeal within 30 days of the date of the decision and shall set forth fully in a notice of appeal every ground upon which it is claimed that the decision complained of is unlawful or unreasonable.  Only those grounds set forth in the notice of appeal shall be considered by the council.  On any such appeal, the council shall determine whether the department decision was unlawful or unreasonable by reviewing the administrative record together with any evidence and testimony the parties to the appeal may present.

(b)  On appeal, the council may affirm the department decision or may remand the matter to the commissioner with a determination that the decision complained of is unlawful or unreasonable.  The council shall specify the factual and legal basis for its determination and shall identify the evidence in the record created before the council that supports its decision.

(c)  In the case of a remand to the commissioner by the council, the commissioner shall:

(1)  Accept the council's determination and take action consistent with the determination, imposing such conditions as are necessary and consistent with the purposes of the chapter under which the department decision was issued; or

(2)  Appeal as provided in paragraph III.

(d)  If the commissioner issues a revised decision, the department may at any time, and the appellant may within 30 days of issuance, request the council to confirm that the revised decision is consistent with the council's remand order.

202:3  Administrative Appeals.  Amend RSA 21-O:14, III to read as follows:

III.  [Persons] Any party aggrieved by the disposition of an administrative [appeals] appeal before any council established by this chapter may appeal such results in accordance with RSA 541.

202:4  Council Decisions.  Amend RSA 21-M:3, IX(f) to read as follows:

(f)  Prepare and issue written decisions on all motions and on the merits of the appeal within [90] 100 days of the conclusion of the hearing on the merits.  The hearing officer shall provide the council with a proposed written decision on the merits within 45 days of the conclusion of the hearing on the merits.  If requested to do so by the members of the council participating in the discussion, the hearing officer shall meet with those members within the [90] 100 day period to discuss the decision.

202:5  Eliminate Duplicate Annual Reports.  Amend RSA 20:7, I to read as follows:

I.  All agencies and departments of the state shall issue biennial reports summarizing their operations.  All reports shall cover periods ending on June 30, and be posted to the state transparency website, with one paper copy submitted to the state library by October 1.  Biennial reports shall cover periods ending in odd-numbered years beginning with 2015.  State agencies and departments shall make every effort to limit or eliminate the production of paper reports.  The governor and council, speaker of the house of representatives, and the senate president shall be notified by letter that a report is available on the state transparency website.  Any agency or department required to issue more frequent reports is relieved of the reporting requirement of this paragraph.

202:6  Wetlands Council; Consultation with Commissioner.  Amend RSA 21-O:5-a, IV to read as follows:

IV.  The council shall consult with and advise the commissioner of the department of environmental services, or his or her designee, on a continuing basis with respect to the policy, programs, goals, and operations of the department as they relate to wetlands and protected shorelands with particular emphasis on long-range planning for the department and on education of the public relative to the functions of the department.  In order to accomplish these purposes, the council shall meet with the commissioner, or his or her designee not less frequently than quarterly, or at the call of the chairperson or 3 council members.  The council shall file annually a report of its deliberations and recommendations with the commissioner of the department of environmental services and the governor and council.

202:7  Repeal.  RSA 482-A:10, VI-IX, relative to appeals of decisions by the wetlands council, are repealed.

202:8  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: July 10, 2019

Effective Date: September 08, 2019

Links

SB203 at GenCourtMobile
SB203 Discussion

Action Dates

Date Body Type
Feb. 5, 2019 Senate Hearing
Feb. 14, 2019 Senate Floor Vote
April 10, 2019 House Hearing
April 30, 2019 House Exec Session
House Floor Vote
May 23, 2019 House Floor Vote

Bill Text Revisions

SB203 Revision: 6528 Date: Dec. 3, 2019, 1:41 p.m.
SB203 Revision: 6084 Date: May 28, 2019, 1:57 p.m.
SB203 Revision: 5337 Date: Feb. 14, 2019, 12:48 p.m.
SB203 Revision: 5190 Date: Jan. 22, 2019, 10:19 a.m.

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and Referred to Energy and Natural Resources; SJ 4
Feb. 5, 2019 Hearing: 02/05/2019, Room 103, SH, 09:30 am; SC 9
Feb. 14, 2019 Committee Report: Ought to Pass with Amendment # 2019-0368s, 02/14/2019; SC 10
Feb. 14, 2019 Committee Amendment # 2019-0368s, AA, VV; 02/14/2019; SJ 5
Feb. 14, 2019 Ought to Pass with Amendment 2019-0368s, MA, VV; OT3rdg; 02/14/2019; SJ 5
March 20, 2019 Introduced 03/20/2019 and referred to Resources, Recreation and Development HJ 11 P. 70
April 10, 2019 Public Hearing: 04/10/2019 11:30 am LOB 305
April 30, 2019 Full Committee Work Session: 04/30/2019 10:00 am LOB 305
April 30, 2019 Executive Session: 04/30/2019 11:00 am LOB 305
Committee Report: Ought to Pass (Vote 20-0; CC)
May 23, 2019 Committee Report: Ought to Pass for 05/23/2019 (Vote 20-0; CC) HC 25 P. 6
May 23, 2019 Ought to Pass: MA VV 05/23/2019 HJ 16 P. 18
June 6, 2019 Enrolled 06/06/2019 HJ 18 P. 47
June 6, 2019 Enrolled (In recess 06/06/2019); SJ 20
July 10, 2019 Signed by the Governor on 07/10/2019; Chapter 202; Effective 09/08/2019