COVID-19 UPDATE: Summary of Governor Sununu’s Emergency Order 29

On April 9, 2020, Governor Sununu issued Emergency Order 29. It directs NH state agencies, boards, commissions and similar entities to recommend which of the various statutory and regulatory deadlines under their control can and should be adjusted in light of the COVID-19 pandemic and the resulting state of emergency.

Attached as exhibits to the Order are recommendations from the Department of Environmental Services and the Department of Justice, Charitable Trusts Unit. Additional recommendations will be added as separate and updated exhibits as they are generated.

Exhibit A – DES Adjustments

            The New Hampshire Department of Environmental Services recommended the following changes:

Training

• No approvals or licenses that require department training will expire until training programs resume.

Air Resources Division

• A 6-month extension to asbestos licenses and certifications that would otherwise expire during the state of emergency;
• All training requirements and certifications under Env-A 1810.0l(c) and (d) are waived until training programs resume;
• The deadline to submit an annual emission report under Env-A 907.02(b) is extended to May 15, 2020.
• The deadline to submit annual emission fees in Env-A 705.05(a) is extended to June 15, 2020.
• The deadlines to submit annual nitrogen oxides and volatile organic compound emission statements in Env-A 908.02 and Env-A 909.02 are extended to May 15, 2020.
• The deadline to submit annual compliance certifications under Env-A 907.03 is extended to May 15, 2020.
• A 6-month extension to the permit term under RSA 125-C:11, Env-A 607.08, and Env-A 608.09 for non-Title V permits that would otherwise expire during the state of emergency.
• Applications that would otherwise be due 90 days prior to permit expiration as set forth in Env-A 607 .02, 608.02 and 608.10 shall not be due until 30 days prior to permit expiration during the term of the state of emergency.

Waste Management Division

• 180-day extension under RSA 146-C:18 for any person holding a tank operator certification that would otherwise expire
• 180-day extension under RSA 147-A:5 to renew a hazardous waste coordinator certification that would otherwise expire
• Extension until 90 days after the termination of the state of emergency for the time period in Env-Hw 515.07, as referenced in Env-Hw 515.08, for holders of a hazardous waste coordinator certification that expires during the term of the state of emergency
• If the commissioner determines that conditions caused by the state of emergency preclude timely processing of permits under RSA 149-M:9, VIII & Env-Sw 304 – 305, Env-Sw 1500, RSA 141-E, RSA 541-A:29, and Env-Sw 2103 and 2106 the commissioner may, with the Governor’s written consent, extend the deadlines.
• 90-day extension to timeframes under Env-Sw 800, 1000, 1100 for submitting facility reports that would otherwise be due, other than incident reports for emergency or action level conditions.
• 180-day extension to time periods under RSA 149-M:6, XIII and Env-Sw 1600 for solid waste operator certifications that would otherwise expire.
• Suspension of $25 late fee under RSA 149-M:6, XIII and Env-Sw 1600 for any application received within 90 days following the termination of the state of emergency.
• The department is authorized to waive RSA 149-M:9, VI and Env-Sw 1005.07(b) upon the request of a facility if the department determines that conditions related to the state of emergency prevent compliance, subject tto reasonably necessary conditions. .

Water Division

• Requirements for signature by a town or city clerk in RSA 482-A:3, l(a)(l), and by a municipal conservation commission, a local river management advisory committee, or the New Hampshire Rivers Council in RSA 482-A:11, III(a) may be satisfied through electronic means.
• If the commissioner determines that conditions caused by the state of emergency preclude timely processing of permits under RSA 482-A:3, XIV(a)(l), RSA 482-A:3, XIV, (a)(2), Env-Wt 308.0S(c), 309.0S(a), 309.08(a), RSA 483-B:5-b, V(a), and RSA 485: 17 et seq. the commissioner may, with the Governor’s written consent, extend the deadlines.
• 30-day extension to the timeframes for processing permits established by RSA 483-B:5-b, V(d) for notifications received during the state of emergency.
• All large public water systems subject to RSA 485:11 shall only be required to test annually in 2020.

 Exhibit B – Charitable Trusts Unit

            The New Hampshire Department of Justice, Charitable Trusts Unit recommended the following changes:

• Stay until state of emergency is lifted of all timeframes under RSA 7: 19-b for the Director to review proposed acquisition transactions involving health care charitable trusts.
• For notices of acquisition transactions pending on the date the State of Emergency was declared by the Gover, the Director will have 60 days after the State of Emergency is lifted to schedule and hold a public hearing as per RSA 7:19-b, IV(a) and determine the matters’ compliance with RSA 7:19-b.
• 30-day extension to the timeframe under RSA 7:28-b, IV for the Director to notify fundraising counsel of any deficiencies in the registration application and the contract between the fundraising counsel and the charitable organization.
• 30-day extension to the timeframe under RSA 7:28-c, XI for the Director to notify paid solicitors of any deficiencies in a filed “solicitation notice” or registration application.
• 3-month extension to the timeframe established by RSA 7:28-c, VII, for a paid solicitor and the charitable trust to file with the Director a joint financial statement after a solicitation campaign has been initiated.

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