SB 267-FN - AS AMENDED BY THE HOUSE
03/16/2023 0836s
18May2023... 1685h
2023 SESSION
23-0950
08/04
SENATE BILL 267-FN
SPONSORS: Sen. Altschiller, Dist 24; Sen. Watters, Dist 4; Rep. McWilliams, Merr. 30; Rep. Caplan, Merr. 8; Rep. N. Murphy, Hills. 12; Rep. M. Paige, Rock. 11
COMMITTEE: Energy and Natural Resources
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AMENDED ANALYSIS
This bill requires the commissioner of the department of environmental services to review certain existing statutes and make a report to the legislature about "cumulative impacts analysis."
This bill also requires the department of environmental services to hire a person to reviewing and planning for the development of appropriate definitions and standards as it relates to cumulative impact in the permitting of facilities and makes an appropriation to the department for this purpose.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/16/2023 0836s
18May2023... 1685h 23-0950
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Department of Environmental Services; Cumulative Impacts. The commissioner of the department of environmental services shall review existing air, water, and waste statutes and rules to determine what rules or legislation, including a schedule and cost estimates, relative to “cumulative impacts analysis” should be proposed. “Cumulative impacts analysis” means the combined impacts on public health and the environment caused by a proposed facility in combination with pollution from other, existing sources within a geographic area. The commissioner shall report the findings and any potential legislation or rulemaking to the senate energy and natural resources committee, the house resources, recreation, and development committee, the house environment and agriculture committee, and the house science, technology and energy committee by September 1, 2025.
2 Department of Environmental Services; Position Established; Appropriation. There is established within the department of environmental services one classified position for the purposes of reviewing and planning for the development of appropriate definitions and standards as it relates to cumulative impact in the permitting of facilities. The sum necessary to pay the salary, benefits, and other costs related to the position established in this section is hereby appropriated to the department of environmental services for the biennium ending June 30, 2025. This appropriation shall be in addition to any other appropriations made to the department in the biennium. The governor is authorized to draw a warrant for said sum out of any money in treasury not otherwise appropriated.
3 Effective Date. This act shall take effect upon its passage.
23-0950
Revised 5/31/23
SB 267-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2023-1685h)
AN ACT requiring the commissioner of the department of environmental services to consider "cumulative impacts analysis" in rules and statutes.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Appropriation | $0 | $247,000 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | $123,000 | $124,000 | $0 |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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METHODOLOGY:
This bill requires the commissioner of the department of environmental services to review certain existing statutes and make a report to the legislature about "cumulative impacts analysis." This bill also requires the department of environmental services to hire a person to review and plan for the development of appropriate definitions and standards as it relates to the cumulative impact in the permitting of facilities and makes an appropriation to the department for this purpose.
The Department of Environmental Service assumes the required position would be an Environmentalist IV, LG 27, step 4 hired for the FY 2024-25 biennium. The bill is effective upon passage. The Department's position cost calculation estimated the cost of the position would be $123,000 in FY 2024 and $124,000 in FY 2026. These costs include salary, benefits and necessary operating costs and equipment.
The bill makes and appropriation of the sum necessary to pay for the position from the general fund for the biennium ending June 30, 2025. Based on the position cost estimate provided, this amount would be $247,000.
AGENCIES CONTACTED:
Department of Environmental Services
| Date | Amendment |
|---|---|
| March 8, 2023 | 2023-0836s |
| May 11, 2023 | 2023-1685h |
| Date | Body | Type |
|---|---|---|
| Feb. 7, 2023 | Senate | Hearing |
| Feb. 15, 2023 | Senate | Hearing |
| March 16, 2023 | Senate | Floor Vote |
| April 25, 2023 | House | Hearing |
| May 9, 2023 | House | Exec Session |
| May 9, 2023 | House | Floor Vote |
| June 1, 2013 | House | Exec Session |
| June 1, 2023 | House | Exec Session |
| Nov. 14, 2023 | House | Exec Session |
| Nov. 6, 2023 | House | Floor Vote |
Jan. 4, 2024: Inexpedient to Legislate: MA DV 189-188 01/04/2024 HJ 2 P. 4
Nov. 16, 2023: Minority Committee Report: Ought to Pass
Nov. 16, 2023: Majority Committee Report: Inexpedient to Legislate SB267-FN 11/06/2023 (Vote 13-12; RC) HC 49 P. 38
Oct. 17, 2023: Executive Session: 11/14/2023 10:00 am LOB 210-211 HC 42
Sept. 12, 2023: Division Work Session: 09/21/2023 10:00 am LOB 212 HC 37
June 1, 2023: Retained in Committee
May 31, 2023: Executive Session: 06/01/2023 10:00 am LOB 210-211
May 23, 2023: Executive Session: 06/01/2013 10:00 am LOB 210-211
May 22, 2023: Division Work Session: 05/31/2023 02:00 pm LOB 212
May 18, 2023: Referred to Finance 05/18/2023 HJ 14 P. 37
May 18, 2023: Ought to Pass with Amendment 2023-1685h: MA DV 302-77 05/18/2023 HJ 14 P. 37
May 18, 2023: Amendment # 2023-1685h: AA VV 05/18/2023 HJ 14 P. 37
May 11, 2023: Committee Report: Ought to Pass with Amendment # 2023-1685h 05/09/2023 (Vote 19-0; RC)
May 2, 2023: Executive Session: 05/09/2023 01:00 pm LOB 301-303
May 2, 2023: Full Committee Work Session: 05/09/2023 09:30 am LOB 301-303
April 4, 2023: Public Hearing: 04/25/2023 10:45 am LOB 301-303
April 4, 2023: Vacated and Referred to Environment and Agriculture (Rep. S. Smith): MA VV (in recess of) 03/23/2023 HJ 11 P. 55
March 21, 2023: Introduced (in recess of) 03/16/2023 and referred to Resources, Recreation and Development
March 16, 2023: Ought to Pass with Amendment 2023-0836s, MA, VV; OT3rdg; 03/16/2023; SJ 10
March 16, 2023: Committee Amendment # 2023-0836s, AA, VV; 03/16/2023; SJ 10
March 8, 2023: Committee Report: Ought to Pass with Amendment # 2023-0836s, 03/16/2023; SC 13
Feb. 9, 2023: ==RECONVENE== Hearing: 02/15/2023, Room 103, SH, 01:00 pm; SC 9
Feb. 2, 2023: ==RECESSED== Hearing: 02/07/2023, Room 103, SH, 09:15 am; SC 9
Jan. 25, 2023: Introduced 01/19/2023 and Referred to Energy and Natural Resources; SJ 5