Revision: March 7, 2023, 10:01 a.m.
SB 211-FN - AS AMENDED BY THE SENATE
02/22/2023 0575s
2023 SESSION
23-0880
08/10
SENATE BILL 211-FN
AN ACT relative to background investigations of solid waste and hazardous waste facility permit applicants.
SPONSORS: Sen. Pearl, Dist 17; Sen. Lang, Dist 2
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill adds to the requirements for background investigations and criminal records checks for solid waste and hazardous waste facility permit applicants.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/22/2023 0575s 23-0880
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to background investigations of solid waste and hazardous waste facility permit applicants.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Operator Permit; Hazardous Waste Management; Criminal Background Check. Amend RSA 147-A:4, II-c to read as follows:
II-c.(a) Applications for permits shall be upon such forms and shall include such information as the department requires by rules adopted under RSA 147-A:3. The application information shall include, but not be limited to, a performance history of the applicant and of its officers and directors relative to the operation, financial security, and ownership of all facilities owned or operated by the applicant. Whenever requested by the department, the attorney general shall conduct a background investigation of the performance history and criminal record of the applicant and of its officers and directors, partners and individuals or entities having managerial, supervisory, or substantial decision-making authority and responsibility for the management of operations or activities for which a permit is being sought, if any, and make a report to the department. The cost of any investigation under this paragraph shall be borne by the applicant.
(b)(1) The criminal background check shall consist of a fingerprint-based criminal record check of national crime information databases. The persons described in subparagraph (a) shall submit to the attorney general a criminal history records release form, as provided by the New Hampshire division of state police, which authorizes the release of the person's criminal records, if any. The person shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency and payment required by division of state police regulations.
(2) For the criminal records check required under this paragraph, the attorney general shall submit the person’s fingerprints to the department of safety, division of state police, which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the criminal record check, the division of state police shall release copies of the criminal history records to the attorney general.
2 Hazardous Waste Management; Operator Permits. Amend RSA 147-A:4, IV-a to read as follows:
IV-a. No permit issued by the department under this section shall be transferred by the permittee to any person without the prior written approval of the department. Applications for the transfer of permits shall be upon such forms and shall include such information as the department requires by rules adopted under RSA 147-A:3, IX. The application information shall include, but not be limited to, a performance history of the applicant and of its officers and directors relative to the operation, financial security, and ownership of all facilities owned or operated by the applicant. Whenever requested by the department, the attorney general shall conduct a background investigation of the performance history and criminal record of the applicant and of its officers and directors, partners, and individuals or entities having managerial, supervisory, or substantial decision-making authority and responsibility for the management of operations or activities for which a permit is being sought, if any, and make a report to the department. The criminal background check shall consist of and follow the same procedures set forth in paragraph II-c. The applicant shall also submit a statement that the proposed facility is consistent with the provisions of a district plan. The cost of any investigation under this paragraph shall be borne by the applicant. The department shall hold a public hearing no later than 30 days prior to making any final decision on an application to transfer a permit issued under this section. Notice of such public hearing shall be published in a newspaper of local circulation within the region of the public or private hazardous waste facility at least 2 weeks prior to such public hearing. The applicant shall notify abutters of the request for transfer of a permit under this section.
3 Permit Required; Solid Waste Management; Criminal Background Check. Amend RSA 149-M:9, III to read as follows:
III.(a) Applications for permits shall be upon such forms and shall include such information as the department requires by rules adopted under RSA 149-M:7. The application information shall include, but not be limited to, a performance history of the applicant and of its officers and directors, partners, and individuals or entities having managerial, supervisory, or substantial decision-making authority and responsibility for the management of operations or activities for which a permit is being sought, relative to the operation, financial security, and ownership of all facilities owned or operated by the applicant. Whenever requested by the department, the attorney general shall conduct a background investigation of the performance history and criminal record of the applicant and of its officers and directors, if any, and make a report to the department. The cost of any investigation under this paragraph shall be borne by the applicant. The applicant shall also demonstrate that the proposed facility provides a substantial public benefit pursuant to RSA 149-M:11.
(b)(1) The criminal background check shall consist of a fingerprint-based criminal record check of national crime information databases. The persons described in subparagraph (a) shall submit to the attorney general a criminal history records release form, as provided by the New Hampshire division of state police, which authorizes the release of the person's criminal records, if any. The person shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency and payment required by division of state police regulations.
(2) For the criminal record check required under this paragraph, the attorney general shall submit the person’s fingerprints to the department of safety, division of state police, which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the criminal record check, the division of state police shall release copies of the criminal history records to the attorney general.
4 Solid Waste Permit; Transfer. Amend RSA 149-M:9, XII(a) to read as follows:
(a) Applications for the transfer of permits shall be filed by the person to whom such permit is to be transferred upon such forms and shall include such information as the department requires by rules adopted under RSA 149-M:7. The application information shall include, but not be limited to, a performance history of the applicant and of its officers and directors relative to the operation, financial security, and ownership of all facilities owned or operated by the applicant. Whenever requested by the department, the attorney general shall conduct a background investigation of the performance history and criminal record of the applicant and of its officers and directors, partners, and individuals or entities having managerial, supervisory, or substantial decision-making authority and responsibility for the management of operations or activities for which a permit is being sought, if any, and make a report to the department. The criminal background check shall consist of and follow the same procedures set forth in paragraph III. The applicant shall also submit a statement that the proposed facility is consistent with the provisions of a district plan. The cost of any investigation under this paragraph shall be borne by the applicant.
5 Effective Date. This act shall take effect upon its passage.
23-0880
Amended 3/7/23
SB 211-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2023-0575s)
AN ACT relative to background investigations of solid waste and hazardous waste facility permit applicants.
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation, as amended, has a total fiscal impact of less than $10,000 in each of the fiscal years 2023 through 2026.
AGENCIES CONTACTED:
Department of Environmental Services