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Home News New Hampshire Takes a Step Toward Regulatory Transparency

New Hampshire Takes a Step Toward Regulatory Transparency

by Celia

New Hampshire has taken a significant step toward regulatory excellence with the passage of House Bill 1622. The bill, which was enacted in October and took effect on December 10, 2024, aims to enhance transparency and improve decision-making in state regulatory agencies. The bill’s passage came after a rare legislative override of a veto by Governor Chris Sununu.

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House Bill 1622 was drafted with input from experts, including Adam M. Finkel, a former chief regulatory enforcement official at the U.S. Occupational Safety and Health Administration. Finkel praised the bipartisan effort of legislators who sponsored and championed the bill through several hearings.

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The bill introduces two key improvements for all administrative agencies in New Hampshire:

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Each agency must create a website to post all comments on proposed rulemakings. This will allow stakeholders to access information and arguments from others, reducing duplication of efforts and lowering costs for agencie

Agencies will no longer be able to dismiss public concerns with vague responses. Instead, they must explain how each comment influenced the final rule or provide a detailed explanation for why the rule was not changed.

These changes are expected to foster true dialogue between opposing advocates and improve the quality of regulatory decisions. Transparency is crucial, but so is “apparency”—the ability for citizens to understand why decisions are made, even if they are unfavorable to their interests.

One example of the bill’s potential impact is the state’s recent revision of regulations governing the siting of new solid waste landfills. Despite widespread concerns from experts and citizens, the New Hampshire Department of Environmental Services (DES) approved a rule allowing landfills in areas where pollution could move quickly through the soil. Under the new law, DES would need to provide a detailed justification for such a decision.

While House Bill 1622 is a step in the right direction, it does not address all issues, such as private meetings between agencies and industry after the formal comment period. However, it sets the stage for future improvements, including expanding the online-comments requirement to cover important adjudications and permits.

Another major goal is to modernize New Hampshire’s approach to judicial review of agency actions. Currently, plaintiffs face a high burden of proof, unlike in at least 35 other states. The ultimate aim is to introduce cost-benefit analysis for agency actions, a standard that has been in place at the federal level since 1981.

Finkel highlighted the need for more research on state regulatory practices to better understand how New Hampshire compares to other states. He suggested that advisory bodies like the Administrative Conference of the United States could play a role in encouraging such research.

Despite initial resistance from Governor Sununu, who vetoed the bill citing concerns from multiple agencies, the legislature’s override demonstrated a bipartisan commitment to making New Hampshire’s regulatory agencies more accountable and transparent.

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