Bill Text: NH SB142 | 2012 | Regular Session | Introduced
Bill Title: Relative to reorganizing the permitting process within the department of environmental services.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2012-05-23 - Senate Sen. Odell Moved Non-concur with House Amendment #1689h, #1833h, #2069h, 2327h; Requests C of C, Motion Adopted, Voice Vote [SB142 Detail]
Download: New_Hampshire-2012-SB142-Introduced.html
SB 142-FN – AS INTRODUCED
2011 SESSION
08/09
SENATE BILL 142-FN
AN ACT relative to reorganizing the permitting process within the department of environmental services.
SPONSORS: Sen. Odell, Dist 8; Sen. Luther, Dist 12
COMMITTEE: Energy and Natural Resources
This bill establishes an integrated land development permit.
This bill also establishes the position of ombudsman in the department of environmental services.
This bill is a request of 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-1067
08/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to reorganizing the permitting process within the department of environmental services.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Integrated Land Development Permit. Amend RSA by inserting after chapter 488 the following new chapter:
CHAPTER 489
INTEGRATED LAND DEVELOPMENT PERMIT
489:1 Purpose. An integrated land development permit issued by the department of environmental services is intended to be a parallel and alternative permit offering to certain existing independent permits now issued by the department. This permit option, pursued at the discretion of the applicant, provides for an alternative process for application submission and review including a structured pre-application meeting with applicable program staff and a streamlined and coordinated application submission and review process.
489:2 Authorization.
I. The department of environmental services shall:
(a) Establish an integrated land development permit as an alternative to certain individual permits now issued by the department.
(b) Develop and apply alternative approaches for administrative activities required to implement the integrated land development permit program, including:
(1) Communications and notifications to applicants, owners, municipalities, and other interested parties;
(2) Management of applications and associated materials and documents;
(3) Permit review tracking;
(4) Outreach; and
(5) Education.
(c) Transfer positions and funds from within the department of environmental services for the purpose of executing the integrated land development permit program.
(d) Establish positions with the required expertise to execute the integrated land development permit program.
II. Municipalities shall participate in all phases of an integrated land development permit program as implemented by the department as part of, in conjunction with, or in lieu of municipal subdivision or site plan review requirements, in whole or in part.
III. If the requirements or procedures contained in this chapter, or adopted by rule to execute this chapter, conflict with requirements or procedures of any other statute or rule, the provisions of this chapter shall apply.
489:3 Applicability.
I. Applicants conducting an activity requiring department of environmental services permit or approval under any of the following programs may at their discretion select to alternatively apply for an integrated land development permit from the department in lieu of the individual program permit or permits:
(a) Any wetlands modification permit under RSA 482-A.
(b) Any permit under the comprehensive shoreland protection act under RSA 483-B.
(c) An alteration of terrain permit under RSA 485-A:17.
(d) Subsurface permits under RSA 485-A:29-44.
(e) Wastewater engineering under RSA 485-A.
(f) Other applicable permits or approvals at the discretion of the department.
II. The integrated land development permit option shall be available to any applicant, including state and municipal governmental entities, utilities, businesses, land developers and homeowners.
489:4 Permitting.
I. An individual who is eligible under RSA 489:3 and opts to file an integrated land development permit shall be directly responsible to submit to the department detailed plans concerning such proposal and any additional relevant information requested by the department, at least 30 days prior to undertaking any activity covered by such permit. The operations shall not be undertaken unless and until the applicant receives a permit from the department. The department shall have full authority to establish the terms and conditions under which any permit issued may be exercised, giving due consideration to the circumstances involved and the purposes of this chapter, and to adopt such rules as are reasonably related to the efficient administration of this section, and the purposes of this chapter. Nothing contained in this paragraph shall be construed to modify or limit the duties and authority conferred upon the department under RSA 482 and RSA 482-A.
II. The department shall, within 45 days of receiving a complete application:
(a) Approve the application in whole and issue a permit, or in part and issue a conditional permit; or
(b) Deny the application and issue written findings in support of the denial; or
(c) Extend the time for rendering a decision on the application for good cause and with the written agreement of the applicant.
III. The time limits prescribed in this section shall supersede any time limits provided in any other provision of law.
489:5 Appeals. The water council established in RSA 21-O:7 shall hear all administrative appeals from department decisions relative to the integrated land development permit in accordance with RSA 21-O:7, IV.
489:6 Rulemaking. The department of environmental services shall adopt rules under RSA 541-A relative to:
I. Requirements and procedures for pre-application meetings, including procedures for pre-application coordination with municipalities, other state and federal agencies, and other interested parties.
II. Procedures for submission of an application for an integrated land development permit and submission of other associated materials.
III. Coordination with municipalities, other state and federal agencies, and other interested entities.
(a) The technical requirements and standards for the integrated land permit shall be based on the technical requirements and standards under existing law and rule of this state for the individual permits supplanted by the integrated land development permit.
(b) The department may modify or waive any individual permit requirement or standard under existing law or rule of this state or to allow the use of innovative environmental measures not otherwise recognized or allowed under existing law and rule of this state, if doing so is expected to provide for a better environmental outcome, as determined by the department.
IV. A schedule of permit fees. The permit fee schedule shall:
(a) Be based on the schedule of permit fees specified in statute and in rules for the individual permits supplanted by the integrated land permit.
(b) Include a pre-application meeting fee equal to 30 percent of the expected permit fee as calculated pursuant to the fees set in subparagraph (a) up to a maximum fee of $5,000 which shall be submitted to the department with the request for an integrated land development permit pre-application meeting. The pre-application meeting fee shall be non-refundable, but shall be applied toward the final permit fee for the project.
(c) All fees required under this paragraph shall be deposited in the integrated land development permit fund established in RSA 489:7.
V. Applicable technical requirements, standards, and technical review of permit applications.
VI. Such other rules as are deemed necessary to implement the provisions of this chapter.
489:7 Integrated Land Development Program Fund. There is hereby established the integrated land development permit fund into which the fees collected under RSA 489 shall be deposited. The fund shall be a separate, nonlapsing fund, continually appropriated to the department for the purpose of paying all costs and salaries associated with the integrated land permit program.
2 Funding Transfer. The department of environmental services is authorized to transfer funds from within the department for purposes of complying with the requirements of RSA 489.
3 New Section; Land Development Permit Ombudsman. Amend RSA 21-O by inserting after section 14 the following new section:
21-O:14-a Land Development Permit Ombudsman. The department may employ a land development permit ombudsman who will provide technical assistance to applicants to clarify and expeditiously resolve issues raised by applicants concerning land development project permit applications and otherwise oversee the implementation of RSA 489. This person shall be qualified by reason of education, experience and demonstrated communication skills to provide this service.
4 New Subparagraph; Integrated Land Development Program Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (304) the following new subparagraph:
(305) Moneys deposited into the integrated land development program fund, established in RSA 489:7.
5 Effective Date. This act shall take effect July 1, 2011.
LBAO
11-1067
Revised 02/17/11
SB 142 FISCAL NOTE
AN ACT relative to reorganizing the permitting process within the department of environmental services.
FISCAL IMPACT:
The New Hampshire Municipal Association states this bill will have an indeterminable fiscal impact on local expenditures in FY 2012 and each year thereafter. There is no fiscal impact on state and county expenditures, or state, county and local revenue.
METHODOLOGY:
The New Hampshire Municipal Association states this bill establishes an integrated land development permit and establishes the position of ombudsman in the Department of Environmental Services. The Association states this bill will have an indeterminable fiscal impact on local expenditures. The Association states the fiscal impact is unlikely to be significant, but is not able to predict the exact fiscal impact as it will depend on how the permit fees are structured.
The Department of Environmental Services states this bill will have no fiscal impact. It is anticipated the fees for the integrated land development permit would equal the fees collected under the individual permits supplanted by the integrated permit. The Department states the ombudsman position would have no fiscal impact as all costs related to the ombudsman position would be absorbed within the Department’s budget. The Department would establish the ombudsman position by utilizing an existing program position in the Department. The Department estimates the ombudsman position would be a labor grade 27 (starting salary $48,770), but continues to evaluate its staffing to determine what position would be appropriate to convert to the ombudsman.
