Section 21-O:3 Duties of Commissioner. - New Hampshire Statutes

In addition to the powers, duties, and functions otherwise vested by law in the commissioner of the department of environmental services, including RSA 21-G, the commissioner, except as otherwise provided in this chapter, shall:
   I. Represent the public interest in the administration of the functions of the department of environmental services and be responsible to the governor, the general court, and the public for such administration.
   II. Provide for, in consultation with the commissioner of the department of administrative services and the state treasurer, a system of accounts and reports which will ensure the integrity and lawful use of all fees, funds, and revenues collected by the department, the use of which is restricted by state or federal law.
   III. Have the authority to receive, administer, and internally audit all present and future federal and state water-related, air pollution control, and waste grant programs.
   IV. Have the authority to adopt rules, pursuant to RSA 541-A, necessary to assure the continuance or granting of federal funds or other assistance intended to promote the administration of this chapter, not otherwise provided for by law, and to adopt all rules necessary to implement the specific statutes administered by the department or by any division or unit within the department, whether the rulemaking authority delegated by the legislature is granted to the commissioner, the department, or any administrative unit or subordinate official of the department. The water well board and the state board for the licensing and regulation of plumbers shall be exempt from the rulemaking provisions described in this section.
   IV-a. Have the authority to reorganize rules of the department to conform to the requirements of RSA 541-A and the uniform drafting and numbering system adopted by the division of administrative rules, office of legislative services. Reference changes shall be limited to title, chapter, part, and section designations and numbers and substitution of terms reflecting reorganization of the department to the existing statutory structure, and shall be made subject to review by the division of administrative rules, office of legislative services for consistency and accuracy of such changes. Such reference changes shall be integrated into the rules and such amendments to the rules shall become effective when notice of these reference changes is published by the director of legislative services in the rulemaking register. Reference changes made prior to January 1, 1992, shall be exempt from the procedures and requirements of RSA 541-A. Changes authorized under this section shall not affect the adoption or expiration date of rules changed under this section.
   V. Collect and account for all fees, funds, taxes, or assessments levied upon any person subject to the jurisdiction of the department of environmental services.
   VI. Establish a water resources assessment program which shall, among other things, collect and manage data on water resources and water use within the state. The commissioner shall be authorized to use federal funds for such program.
   VII. Contract with, subject to approval by the governor and council, regional planning commissions in the development of regional plans and ensure that local plans are consistent with regional management plans for entire watershed areas.
   VIII. Provide all necessary clerical and technical support requested by any council established by this chapter. At a minimum, the commissioner shall:
      (a) Provide all necessary clerical and support personnel and services in order to:
         (1) Prepare notices and other documents required under RSA 541-A as directed by the particular council and distribute such notices and documents upon the approval of the particular council involved;
         (2) Schedule the conduct of all council administrative appeal proceedings, with the approval of the particular council so as to ensure timely and efficient conduct of such proceedings;
         (3) Prepare and maintain the record, required by RSA 541-A, of all adjudicative proceedings conducted by councils.
      (b) Provide comfortable and adequate space for the use of all councils in performing their official duties; and
      (c) Prepare, maintain as a public record, and continuously update a document which shall summarize the findings and decisions of all councils supported by the department.
   IX. Utilizing existing programs of the department, provide, within the limits of available funding, technical assistance, advice, and information on specific water protection measures to municipalities in support of local water plans as provided in RSA 4-C:22.
   X. Repealed by 1997, 295:3, eff. July 1, 2000.

Source. 1986, 202:1. 1989, 346:4. 1990, 230:1, eff. June 26, 1990; 261:4, eff. at 12:01 a.m., June 26, 1990. 1996, 296:3, eff. Aug. 9, 1996. 1997, 295:2, eff. Aug. 19, 1997.