Revision: Dec. 18, 2019, 8:56 a.m.
HB 1664-FN - AS INTRODUCED
2020 SESSION
20-2260
08/04
HOUSE BILL 1664-FN
SPONSORS: Rep. Thompson, Ches. 14; Rep. Weston, Graf. 8; Rep. Oxenham, Sull. 1; Rep. Von Plinsky, Ches. 7
COMMITTEE: Science, Technology and Energy
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ANALYSIS
This bill gives the department of environmental services the authority to establish a climate action plan, an office of the environmental advocate, and an oversight commission on environmental services.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2260
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings. The general court finds:
I. Climate change has a demonstrated and researched-backed impact on human health and safety, including increased natural disasters and increased, intensifying extreme weather, causing damage to ecosystems, agriculture, forestry, social systems, and infrastructure; increased risks of waterborne and foodborne diseases, increased risks of vector-borne diseases, and increased range and distribution of disease-carrying insects.
II. The United States economy will decrease by 10 percent by the end of the 21st century according to the U.S. Global Change Research Program, if significant steps are not taken to address and reduce global warming.
2 New Subdivision; Climate Action Plan. Amend RSA 125-O by inserting after section 29 the following new subdivision:
Climate Action Plan
125-O:30 Climate Action Plan.
I. The department of environmental services shall adopt rules under RSA 541-A relative to the following:
(a) Requiring the reporting and verification of statewide greenhouse gas emissions and the source and categories of source of emissions.
(b) Establishing sources or categories of sources that emit greenhouse gas emissions that the department determines will achieve the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions in the aggregate, from those sources or categories of sources.
(c) The distribution of emissions allowances where appropriate, in a manner that is equitable, seeks to minimize costs and maximize the total benefits to New Hampshire, and encourages early action to reduce greenhouse gas emissions.
(d) Steps for the department to monitor and enforce compliance with this section.
II. In making such rules, the department shall evaluate the best available scientific, technological, and economic information on greenhouse gas emissions.
III. By July 1, 2021, the department shall, after a period of public comment:
(a) Determine what the statewide greenhouse gas emissions level was in calendar year 1990; and
(b) Make rules setting the maximum technologically feasible and cost-effective greenhouse gas emissions limits, at minimum achieving the following:
(1) A 2050 statewide greenhouse gas emissions limit that is at least 90 percent below the 1990 level;
(2) An interim 2040 emissions limit that shall maximize the ability of New Hampshire to meet the 2050 emissions limit; and
(3) A 2030 statewide emissions limit that is at least 50 percent below the 1990 level.
IV.(a) By July 1, 2022, the department shall, after a period of public comment, prepare and adopt a plan and issue implementing rules and regulations, for achieving the limits and interim limits established pursuant to paragraph III. This plan shall be reviewed and updated by the department every 5 years.
(b) The plan shall include strategies programs, and compliance mechanisms with measurable goals and targets, including offering market-based incentives; expanding financing and investment tools; modernizing the electrical grid, regulation and rates; improving incentives for combined heat and power systems; expanding the renewable energy standard and procurement; extending least-cost procurement (including to unregulated fuels); improving state energy efficiency codes and standards; addressing natural gas leaks; promoting alternative fuel and electric vehicles; increase use and availability of efficient public transport; and changing land use patterns to support transit-oriented development and mixed-use commercial and residential areas.
V. The department shall ensure the following:
(a) That the greenhouse gas emission reduction rules adopted under this program, where applicable and to the extent feasible, direct public and private investment toward rural, low–income, low– to moderate–income, and minority communities in New Hampshire and provide an opportunity for small businesses, schools, affordable housing associations, and other community institutions to participate in and benefit from statewide efforts to reduce greenhouse gas emissions.
(b) That activities undertaken to comply with the regulations do not disproportionately impact rural, low–income, low– to moderate–income, or minority communities.
(c) That job opportunities created through activities undertaken pursuant to this subdivision are shared geographically and demographically, maximizing opportunities for workers and communities that may lose employment opportunities.
VI. The department shall:
(a) Consult with the public utilities commission, on all elements of its plan that pertain to energy related matters including, but not limited to, electrical generation, load based-standards or requirements, the provision of reliable and affordable electrical service, petroleum refining, and statewide fuel supplies to ensure the greenhouse gas emissions reduction activities to be adopted and implemented by the department are complementary, non-duplicative, and can be implemented in an efficient and cost-effective manner.
(b) Consult with other states, and the federal government, and other nations to identify the most effective strategies and methods to reduce greenhouse gases, manage greenhouse gas control programs, and to facilitate the development of integrated and cost-effective regional, national, and international greenhouse gas reduction programs.
VII. The department shall minimize reductions in greenhouse gas emissions in New Hampshire that are offset by increases in emissions of greenhouse gases outside of New Hampshire.
125-O:31 Office of the Environmental Advocate.
I. The office of the environmental advocate shall be an independent agency, administratively attached to the department of administrative services pursuant to RSA 21-G:10.
II. The office shall be under the supervision of an unclassified director. The director shall serve a term of 4 years and until a successor is appointed and qualified. Any vacancy in the office shall be filled in the same manner as the original appointment for the remainder of the unexpired term. The director shall be appointed by the governor and council, upon the recommendation of the oversight commission established in RSA 125-O:32. The director shall possess a professional graduate degree in law, social sciences, public health, life sciences, earth sciences, agriculture, forestry or a related field and be qualified by reason of education, experience, and expertise to perform the duties of the office.
III. The office of the environmental advocate shall:
(a) Provide independent oversight of the division of environmental services, and all other state departments and agencies, to assure that the best interests of the environment are being protected.
(b) Regularly consult with the department of environmental services and the oversight commission established in RSA 125-O:32.
(c) Have access to all case records, all third party records, and all records submitted to the courts.
(d) Have prompt electronic access to records within the scope of its mission, except for department of justice records that are part of a pending criminal investigation or prosecution, and judicial branch records to the extent that such access does not violate the constitutional separation of powers.
(e) Have the authority to subpoena witnesses and/or records.
(f) Have the authority to review and investigate any aspect of the department's environmental policies or practices.
(g) Provide information and referral services to the public regarding the department's environmental services; provided that case specific complaints shall be handled by the department.
(h) Perform educational outreach and advocacy activities in furtherance of the mission and responsibilities of the office.
(i) Upon its own initiative or upon receipt of a complaint, review and if deemed necessary, investigate actions of the division of environmental services, or any entity that impacts the environments under contract with and at the direction of the division, and make appropriate referrals. Findings of all investigations and responses to all complaints received shall be summarized in the annual report of the office of the environmental advocate.
IV.(a) The office of the environmental advocate investigations and oversight activities and the information gathered in such investigations and oversight activities, including the identity of any complainant, shall be exempt from the public disclosure provisions of RSA 91-A.
(b) The director of the office of the environmental advocate may disclose confidential information about any individual or entity that is responsible for or impacts the environment. Any disclosure of confidential information shall be the minimum necessary to ensure proper care and management of the environment or to identify, prevent, or treat the neglect of or damage to the environment.
(c) The director of the office of the environmental advocate shall have the same authority as the commissioner of the department of environmental services to publicly release information in furtherance of the mission and responsibilities of the office.
(d) If the director of the office of the environmental advocate determines that the health, safety, and welfare of the environment is at risk, the director may publicly disclose the details of investigation findings, subject to the following limitations:
(1) Names, addresses, or other identifying information of individuals who are the subject of any confidential proceeding or statutory confidential provision shall not be released to the public.
(2) Investigation findings shall not be released if there is a pending law enforcement investigation or prosecution.
V.(a) The department of environmental services shall provide the office with a copy of all incident or other reports related to actual degradation of or damage to the environment or a significant risk of such harm, as well as other incidents which may affect the safety and well-being of the environment in the custody or control of the department not later than 48 hours after the occurrence; provided that any environmental degradation or damage shall be immediately communicated to the office by telephone and email.
(b) The department of environmental services shall provide any records or reports requested by the office, subject to the exclusions in this section.
VI. Beginning November 1, 2020, and each November 1 thereafter, the director of the office of the environmental advocate shall submit an annual report of its activity and findings and present recommendations to the oversight commission on environment established pursuant to RSA 125-O:32. The report shall also be provided to the commissioner of the department of environmental services, the governor, the speaker of the house of representatives, the senate president, and the state library. The director shall make the annual report available to the public on a state Internet website.
125-O:32 Oversight Commission on Environmental Services Established.
I. There shall be an oversight commission on environmental services, which shall consist of the following members:
(a) Two members of the senate, appointed by the senate president.
(b) Two members of the house of representatives, appointed by the speaker of the house of representatives.
(c) Four members representing the executive branch, appointed by the governor.
(d) Two members representing the judicial branch, appointed by the chief justice of the supreme court.
(e) Two representatives of the New Hampshire town energy committees, appointed by the governor.
(f) Two members of environmental advocacy organizations, appointed by the senate president.
(g) Two members of environmental advocacy organizations, appointed by the speaker of the house of representatives.
II. Legislative members of the commission shall serve a term coterminous with their term in office. Members appointed under subparagraphs (c)-(g) shall serve 3-year terms. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
III. The oversight commission shall:
(a) Recommend at least 3 qualified candidates to the governor for appointment as director of the office of the environmental advocate; except that in the case of reappointment, a single recommendation shall be sufficient.
(b) Provide oversight to the office of the environmental advocate in the office's efforts to support an effective, comprehensive, and coordinated system of services and programs for environmental services.
(c) Review with the office of the environmental advocate the efficacy of selected programs and services of the department, including the impact of climate change, trends affecting carbon emissions, and alternative approaches to programmatic and administrative concerns.
(d) Collaborate with the office of the environmental advocate to identify and implement best practices on behalf of New Hampshire environment.
IV. The oversight commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Nine members of the commission shall constitute a quorum.
V. Beginning November 1, 2020, and annually thereafter, the commission shall submit a report of its findings and recommendations for legislation to the speaker of the house of representatives, senate president, house clerk, senate clerk, governor, and state library.
3 Effective Date. This act shall take effect 60 days after its passage.
20-2260
12/17/19
HB 1664-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Various Government Funds | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
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LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
The Public Utilities Commission was contacted on November 4, 2019 for fiscal note worksheet, which they have not provided as of December 17, 2019.
METHODOLOGY:
This bill would require the Department of Environmental Services establish and implement a state Climate Action Plan. The Department will be required to:
The Department indicates it already requires stationary sources to report emissions of other pollutants, and the Department already calculates an annual sector-based GHG emissions inventory on widely used sectors based on data and guidelines obtained from the United States Department of Energy's Energy Information Administration. Only carbon dioxide emissions from a limited number of electric generating facilities are reported as part of the Regional Greenhouse Gas Initiative. The Department notes, the State developed a Climate Action Plan through a transparent stakeholder-driven process.
The Department states three full-time positions would be necessary to meet the additional requirements in the bill; an Environmental Program Manager, a Program Specialist IV, and an Environmentalist III. The new staff would:
These additional responsibilities exceed the current staff capacity at the Department. As no funding is provided, the Department assumes the additional costs would come from the state General Fund. The Department provided the following cost estimate for the additional positions:
Position Costs | FY 2021 | FY 2022 | FY 2023 |
Environmental Program Manager | $105,000 | $107,000 | $111,000 |
Program Specialist IV | $99,000 | $100,000 | $105,000 |
Environmentalist III | $93,000 | $95,000 | $99,000 |
TOTAL | $297,000 | $302,000 | $315,000 |
The bill also creates an Office of the Environmental Advocate administratively attached to the Department of Administrative Services. The Office would be under the supervision of an unclassified Director. The Director is overseen by an Oversight Commission on Environmental Services (Commission), composed of members of the General Court, the executive branch, local energy committees, and the environmental community. Information requests from the Office of the Environmental Advocate would be handled by the existing staff at the Department and the costs with such request is indeterminable. The Department of Environmental Services indicates the emissions reductions required under this legislation may have an overall economic impact on state, county and local energy expenditures. The potential fiscal impacts are indeterminable. The 2009 Climate Plan found it likely that there would be an overall economic benefit from completion of projects that reduce GHG emissions, but the impacts of such projects are indeterminable at this time.
The Office of the Environmental Advocate would be administratively attached to the Department of Administrative Services. The Department of Administrative Services assumes the unclassified Director of the Office would be established at the salary grade of FF, step 1 based on similar positions. Based on the responsibilities of the Office, two additional staff would be needed: an Administrative Assistant or similar position, and a Program Specialist II or similar position. The Department provided the following cost estimates for the first two years based on current salary schedules a start date of July 1, 2020.
Salaries & Benefits | FY 2021 | FY 2022 |
Director - Unclassified, Grade FF | $ 71,900 | $ 76,600 |
Benefits | $ 31,800 | $ 32,800 |
Administrative Assistant, Grade 16 | $ 35,300 | $ 36,700 |
Benefits | $ 24,600 | $ 24,900 |
Program Specialist II | $ 43,100 | $ 44,800 |
Benefits | $ 26,100 | $ 26,500 |
Total Salaries and Benefits | $ 232,800 | $ 242,300 |
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Other Expenses & Office Equipment | $ 28,900 | $ 16,600 |
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Total Estimated Cost | $ 261,700 | $ 258,900 |
Based on the these costs, the Department assumes a reasonable estimate for the third year is $270,000.
It is assumed any fiscal impact from this bill will not occur until FY 2021.
AGENCIES CONTACTED:
Public Utilities Commission and Departments of Environmental Services and Administrative Services