Revision: May 2, 2024, 4:13 p.m.
SB 449 - AS AMENDED BY THE HOUSE
03/21/2024 1120s
2May2024... 1565h
2024 SESSION
24-3059
12/06
SENATE BILL 449
SPONSORS: Sen. Watters, Dist 4; Sen. Perkins Kwoka, Dist 21; Sen. Altschiller, Dist 24; Sen. Pearl, Dist 17
COMMITTEE: Energy and Natural Resources
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AMENDED ANALYSIS
This bill provides the commissioner 120 days to act upon an air pollution control permit application and requires annual reports from the department of 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/21/2024 1120s
2May2024... 1565h 24-3059
12/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Application for Air Pollution Control Permit; Commissioner's Requirement to Act. Amend RSA 125-C:12, II to read as follows:
II. Notwithstanding RSA 541-A:29 and RSA 541-A:29-a, [The] the commissioner shall act upon a permit application [within a reasonable period of time] for all sources, except affected sources, within a reasonable period of time that does not exceed 120 days from receipt of a complete application, unless the applicant agrees in writing to extend the time period. Applications for affected sources shall be subject to the time limits established pursuant to Title V, Clean Air Act, including 40 C.F.R. 70.4(b)(6) and 70.7(b)(4), July 1, 2023. Prior to such action, the commissioner shall provide notice of the application by publication in at least one newspaper of general circulation. The commissioner shall also provide an opportunity for a hearing to interested persons. The requirement of public notice and hearing shall not apply to such devices or sources that will have, in the opinion of the commissioner, an insignificant effect on air quality. The commissioner may adopt rules relative to the requirements of public notice and hearing for such devices or sources.
2 New Section; Air Pollution Control; Administrative Reporting. Amend RSA 125-C:12 by inserting after section II the following new section:
II-a. On February 28, 2025, and on each February 28 thereafter, the department shall report in writing to the chair of the senate energy and natural resources committee and the chair of the house science, technology, and energy committee on the previous calendar year’s air pollution control permitting activity. Such reports shall identify, for the previous calendar year that is the subject of the report, the following information:
(a) The number of applications received for such air permits;
(b) The number of such air permits the department granted or denied; and
(c) The number of applications pending without decision more than 120 days after submission to the department.
3 Effective Date. This act shall take effect 60 days after its passage.