SB 445 — relative to adjudicative proceedings where there is a council or board with jurisdiction.

SB 445 - VERSION ADOPTED BY BOTH BODIES - Page 8 - (d) Requiring the licensee to participate in a program of continuing education in the area or areas in which the licensee has been found deficient.] 17185:17 Hearing;

The board shall as soon after the hearing as possible, and not later than 90 days after the date of such hearing, make its findings and determination on the license and shall send a copy of its decision to each interested party by certified mail return receipt requested or by personal service.Revocationservice. or suspension of a license shall be effective upon receipt of such board decision.

Revocation or suspension of a license shall be effective upon receipt of such board decision.

Hearings held by the department shall be held in accordance with the rules of practice and procedure of the department.] 18185:18 Enforcement and Penalties;

The commissioner[, after notice and hearing pursuant to RSA 541-A,] may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter, any rule adopted under this chapter, or any license or approval issued under this chapter, or CHAPTER 185 SB 445 - FINAL VERSION - Page 8 - who makes or certifies a material false statement relative to any document required by this chapter.

19185:19 Establishment of Protected Instream Flows;

SB 445 - VERSION ADOPTED BY BOTH BODIES - Page 9 - X.

Any party who is aggrieved by a determination establishing such protected instream flows may [petition the commissioner for a hearing to review] appeal such determination pursuant to RSA 21-O:7, IV within 30 days of the date the determination is issued.issued[The filing of such petition shall stay the implementation of the determination until a final decision has been rendered on the petition or an appeal taken pursuant to RSA 541.] 185:20 Enforcement and Penalties;

[The filing of such petition shall stay the implementation of the determination until a final decision has been rendered on the petition or an appeal taken pursuant to RSA 541.] 20 Enforcement and Penalties;

21185:21 Enforcement and Penalties;

The commissioner of environmental services[, after notice and hearing pursuant to RSA 541-A,]541- A,] may impose an administrative fine not to exceed $4,000 for each offense upon any person who violates any provision of this chapter including any rule adopted under the provisions of this chapter or any order or permit issued under this chapter.

The proceeds of administrative fines levied pursuant to this paragraph shall be deposited by the department in the general fund.funThe commissioner shall adopt rules, under RSA 541-A, relative to[:

The commissioner shall adopt rules, under RSA 541-A, relative to[:

[(b) Procedures for notice and hearing prior to the imposition of an administrative fine.] 22CHAPTER 185 SB 445 - FINAL VERSION - Page 9 - 185:22 Application;

23185:23 Issuance of Certificates;

The certificate SB 445 - VERSION ADOPTED BY BOTH BODIES - Page 10 - shall remain in effect [for] until December 31 or June 30, but not more than 2 years from the date of issuance.

III.III.Certificates may be issued, upon payment of the $100 fee, without examination, for a comparable classification to any person actively seeking employment in New Hampshire who holds a certificate issued by the appropriate certification agency of any federal, state, interstate, territorial, or other jurisdiction if, in the judgment of the [certification committee] department, the certification requirements of the jurisdiction granting such certification do not conflict with the department's rules and are not less stringent than rules adopted under this subdivision.

CertificatesThe mayfee shall be issued,deposited uponpursuant payment of the $100 fee, without examination, for a comparable classification to anyRSA person485-A:7- activelya, seekingII. employment in New Hampshire who holds a certificate issued by the appropriate certification agency of any federal, state, interstate, territorial, or other jurisdiction if, in the judgment of the [certification committee] department, the certification requirements of the jurisdiction granting such certification do not conflict with the department's rules and are not less stringent than rules adopted under this subdivision.

The185:24 feePenalties shalland beOther depositedRelief; pursuant to RSA 485-A:7-a, II.

24 Penalties and Other Relief;

Amend RSA 485-485-A:22, A:22, V to read as follows:

The commissioner of environmental services[, after notice and hearing pursuant to RSA 541-A,]541- A,] may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this subdivision or, RSA 485-A:4-6, any rule adopted under this subdivision or RSA 485-A:4-6, or any permit issued under the authority of this subdivision or RSA 485-A:4-6.

The proceeds of administrative fines levied pursuant to this paragraph shall be deposited by the department in the general fund.funThe commissioner shall adopt rules, under RSA 541-A, relative to[:

The commissioner shall adopt rules, under RSA 541-A, relative to[:

[(b) Procedures for notice and hearing prior to the imposition of an administrative fine.] 25185:25 Penalty;

[Rehearings and appeals] CHAPTER 185 SB 445 - FINAL VERSION - Page 10 - Appeals from a decision of the commissioner under this paragraph shall be in accordance with [RSA 541] RSA 21-O:7, IV.

Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter.chapterThe proceeds of administrative fines levied pursuant to this paragraph shall be deposited in the general fund.

The proceeds of administrative fines levied pursuant to this paragraph shall be deposited in the general fund.

SB 445 - VERSION ADOPTED BY BOTH BODIES - Page 11 - (a) A] a schedule of administrative fines which may be imposed under this paragraph[;

26185:26 Permit Eligibility;

Water DivisioAmendDivision. RSA 485-A:35, I(a) to read as follows:

Amend RSA 485-A:35, I(a) to read as follows:

The department shall issue a permit to any individual who applies to the department, pays a fee of $80, and demonstrates a sound working knowledge of the procedures and practices required in the site evaluation, design, and operation of subsurface sewage or waste disposal systemsThesystems. department shall require an oral or written examination or both to determine who may qualify for a permit.

The department shall require an oral or written examination or both to determine who may qualify for a permit.

27185:27 System Installer Permit;

The permit holder shall be responsible for installing the subsurface sewage or waste disposal system in strict accordance with the approved plan.Theplan. department shall issue an installer's permit to any individual who submits an application provided by the department, pays a fee of $80 and demonstrates a sound working knowledge of RSA 485-A:29-35 and the ability to read approved waste disposal plans.

The department shall issue an installer's permit to any individual who submits an application provided by the department, pays a fee of $80 and demonstrates a sound working knowledge of RSA 485-A:29-35 and the ability to read approved waste disposal plans.

The installer's permit may be suspended, revoked or not renewed for just cause, including, but not limited to, the installation of waste disposal systems in violation of this subdivision or the refusal by a permit holder to correct defective Thek.work.

The department shall not suspend, revoke or refuse to renew a permit except for just cause[ until the permit holder has had an opportunity to be heard by the department].

An appeal from such decision to CHAPTER 185 SB 445 - FINAL VERSION ADOPTED BY BOTH BODIES - Page 1211 - to revoke, suspend or not renew a permit may be taken pursuant to RSA 21-O:14.21-O:14All fees shall be deposited in the subsurface systems fund established in RSA 485-A:30, I-b.

All185:28 feesReconsideration shalland beAppeal depositedProcedure; in the subsurface systems fund established in RSA 485-A:30, I-b.

28 Reconsideration and Appeal Procedure;

29185:29 Reconsideration and Appeal Procedure;

30185:30 Penalties;

The commissioner of environmental services[, after notice and hearing pursuant to RSA 541-A,]541- A,] may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this subdivision including any rule adopted under the provisions of this chapter.

The proceeds of administrative fines levied pursuant to this paragraph shall be deposited by the department in the generalgeneralThend. fund.

The commissioner shall adopt rules, under RSA 541-A, relative to[:

[(b) Procedures for notice and hearing prior to the imposition of an administrative fine.] 31185:31 Enforcement and Penalties;

The commissioner of environmental services[, after notice and hearing pursuant to RSA 541-A,]541- A,] may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this subdivision, any rule adopted under this subdivision, or any permit or contract entered into under the authority of this subdivision.

The proceeds of administrative fines levied pursuant to this paragraph shall be deposited by the department in the replacement fund established pursuant to RSA 485-A:51.485-AThe.

The commissioner shall adopt rules, under RSA 541-A, relative to[:

SB 445 - VERSION ADOPTED BY BOTH BODIES - Page 13 - (a) A] a schedule of administrative fines which may be imposed under this paragraph for violations of this chapter as provided above.

[(b) Procedures for notice and hearing prior to the imposition of an administrative fine.] 32185:32 Definitions;

Water DivisAmendDivision. RSA 485-C:2, VI-VII to read as follows:

VI.Amend RSA 485-C:2, VI-VII to read as follows:

CHAPTER 185 SB 445 - FINAL VERSION - Page 12 - VI.

33185:33 Administrative Fines;

34185:34 Administrative Fines;

35185:35 Penalty;

The commissioner of environmental services[, after notice and hearing pursuant to RSA 541-A,]541- A,] may impose an administrative fine not to exceed $2,000 for each offense, upon any person who violates any provision of this chapter, any lawful rule of the department adopted under this chapter, or any lawful order issued by the department pursuant to this chapter.

Any administrative fine imposed under this section shall not SB 445 - VERSION ADOPTED BY BOTH BODIES - Page 14 - preclude the imposition of further penalties under this chapter.

[(b) Procedures for notice and hearing prior to the imposition of an administrative fine.] 36185:36 Administrative Fines;

CHAPTER 185 SB 445 - FINAL VERSION - Page 13 - I.

37185:37 Administration and Enforcement;

The commissioner[, after notice and hearing pursuant to RSA 541-A,] may revoke the certification of any person who violates this chapter.chapte[Rehearings and appeals] Appeals relating to revocation shall be governed by [RSA 541] RSA 21-O:7, IV.

[Rehearings185:38 andDefinitions; appeals] Appeals relating to revocation shall be governed by [RSA 541] RSA 21-O:7, IV.

38 Definitions;

39185:39 Excavating and Dredging Permit;

SB185:40 445 - VERSION ADOPTED BY BOTH BODIES - Page 15 - 40 Excavating and Dredging Permit;

41185:41 Administrative Fine;

The commissioner[, after notice and hearing in accordance with the procedures set forth in RSA 541-A,]541- A,] is empowered to impose an administrative fine of up to $5,000 for each violation, irrespective of the duration of violation, upon any person who violates any provision of this chapter.

Any administrative fine imposed under this section will not preclude CHAPTER 185 SB 445 - FINAL VERSION - Page 14 - the imposition of further penalties under this chapter.chaThe proceeds of administrative fines levied pursuant to this section shall be placed in the nonlapsing fund authorized in RSA 482-A:14, III.

The185:42 proceedsPenalties; of administrative fines levied pursuant to this section shall be placed in the nonlapsing fund authorized in RSA 482-A:14, III.

42 Penalties;

[Rehearings and appeals] Appeals relating to such fines shall be governed by [RSA 541] RSA 21-21-O:5-a, O:5-a, V.

43185:43 Attorney General;

and 44185:44 Administrative Appeals.

(2) The revocation of or the refusal to renew a license as defined in RSA 541-541-A:1, A:1, VIII based on the permit holder's non-compliance with the statute, rules, or terms and SB 445 - VERSION ADOPTED BY BOTH BODIES - Page 16 - conditions of the license or on other good or just cause as defined in rules adopted relative to the license.

(2) [The revocation of or the refusal to renew a license as defined in RSA 541-A:1, VIII based on the permit holder's non-compliance with the statute, rules, or terms and conditions of the license or on other good or just cause as defined in rules adopted relative to the license.] Imposition of an administrative fine, pursuant to specific statutory authority for such an administrative fine and any applicable administrative rules or schedules, by way of a notice of administrative fine or fines which specifies the facts and law that support the commissioner's determination that one or more violations are occurring or have occurredoccurred, which should be penalized with an appropriate administrative fine.

CHAPTER 185 SB 445 - FINAL VERSION - Page 15 - (c) "Department decision" means a department permitting decision[,];

45185:45 New Paragraph;

46185:46 Emissions Reduction Trading Programs;

47185:47 New Paragraph;

SB 445 - VERSION ADOPTED BY BOTH BODIES - Page 17 - V.

48185:48 Repeal.

CHAPTER 185 SB 445 - FINAL VERSION - Page 16 - X.

49185:49 Effective Date.

Approved:

June 19, 2026 Effective Date:

August 18, 2026