Section 21-P:17 Duty of Commissioner. - New Hampshire Statutes

   I. The commissioner of the department of safety shall regulate and promote the safe transportation of hazardous materials and wastes by all modes of transportation within this state by:
      (a) Adopting as rules, under RSA 541-A, the current version of the regulations promulgated by the Materials Transportation Bureau of the United States Department of Transportation contained in parts 170-189 of Title 49 of the Code of Federal Regulations, the current version of the regulations promulgated by the Bureau of Motor Carrier Safety, Federal Highway Administration of the United States Department of Transportation contained in parts 390-397 of Title 49 of the Code of Federal Regulations, and the current version of the regulations promulgated by the United States Nuclear Regulatory Commission and contained in parts 71 and 73 of Title 10 of the Code of Federal Regulations. Notwithstanding the provisions of RSA 541-A, any amendments or additions by the respective federal agencies or their successor agencies shall also amend or supplement the rules adopted by the commissioner of safety without further action on his part, and these rules shall not expire without specific action by the general court for the commissioner.
      (b) Adopting rules, under RSA 541-A, relative to the transportation of hazardous materials or wastes by all modes of transport which shall be no less protective of public safety than the regulations promulgated by the federal government with respect to such transportation, including, but not limited to, the proper packaging, shipping, reporting and brokering of shipments, financial responsibility of shippers, and financial liability for cleanup of transportation accidents.
      (c) Adopting rules, under RSA 541-A, relative to the reporting of all incidents involving the transportation of hazardous materials or wastes, the manner in which such incidents were handled, and on-the-spot inspection of vehicles carrying hazardous materials or wastes by any peace officer or other authorized agent of the commissioner of safety. In adopting such rules, the commissioner shall review rules adopted by the department of environmental services for the regulation of hazardous wastes under RSA 147-A, 147-B, 147-C, and 147-D and shall, to the extent possible, coordinate the rules of the department with those of the department of environmental services in order to avoid inconsistency and duplication.
      (d) Entering into cooperative agreements with agencies of this and other states and of the federal government relative to the enforcement of rules adopted pursuant to this subdivision and regulations promulgated by the federal government or rules adopted by other state agencies which apply to transportation in New Hampshire.
      (e) Adopting rules, under RSA 541-A, which shall require shipments of low-level radioactive waste generated within or passing through the state and destined for any disposal facility to conform with the applicable packaging and transportation laws and rules of the state where such regional facility is located, to the extent that such laws and rules do not conflict with federal law.
      (f) Adopting rules, pursuant to RSA 541-A, establishing the criteria for distribution of hazardous material transportation penalty fees under RSA 21-P:21, II.
   II. The commissioner of the department of safety or his authorized representative shall be the state designee to receive notification required by Title 10 of the Code of Federal Regulations for shipments of radioactive materials.
   III. In enforcing the provisions of this subdivision and rules adopted under this subdivision, police employees of the division of state police shall not be limited by the provisions of RSA 106-B:15.

Source. 1987, 124:1, eff. July 1, 1987; 348:2, eff. July 1, 1987 at 12:01 a.m. 1996, 228:12, eff. July 1, 1996.