reglab/housing_qa huggingface dataset:
NH Rev Stat § 125-I:8 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 125-I - Air Toxic Control Act|Section 125-I:8 - Enforcement.

    125-I:8 Enforcement. –||I. Whenever the commissioner or the commissioner's authorized representative finds that any device or source of air pollution has resulted in a violation of any of the provisions of this chapter or any rules in force hereunder, or any condition in a permit issued under this chapter, the commissioner shall issue a notice of violation and, where appropriate, an order of abatement establishing a compliance schedule with which the device or source shall comply. Any order of abatement shall become final and enforceable by the commissioner within 30 days of its issuance unless an appeal is filed with the council before the expiration of the 30-day period. The council shall hold a hearing on any such appeal promptly, and shall thereafter issue a decision upholding, modifying, or abrogating the commissioner's order of abatement or any part of such order. The council's decision shall become final 10 days after it is issued. Appeals from decisions of the air resources council shall be made in accordance with the provisions of RSA 541. Upon a finding by the commissioner, in consultation with the department of health and human services, that there is an imminent and substantial endangerment to the public health or welfare, the commissioner shall issue an order of abatement requiring immediate compliance. The order shall be final and enforceable upon issuance, but may be appealed to the council within 30 days of its issuance and the council may, after hearing, uphold, modify, or abrogate the order.||II. Any violation of the provision of this chapter, or of any rules or orders issued under it, or of any condition in a permit issued under it, shall be subject to enforcement by injunction, including mandatory injunction, issued by the superior court upon application of the attorney general. Any such violation shall also be subject to a civil penalty of not more than $25,000 per violation, and for each day of a continuing violation.||III. Any person who violates any of the provisions of this chapter, or any rule adopted or order issued under this chapter, or any condition of a permit issued under this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.||IV. Notwithstanding RSA 651:2, any person may, in addition to any sentence of imprisonment, probation, or conditional discharge, be fined not more than $25,000 if found guilty of any violation pursuant to RSA 125-I:8, III. Each day of violation shall constitute a separate offense.|||Source. 1996, 279:4, eff. July 1, 1996; 279:10, eff. July 1, 1996 at 12:02 a.m.|
NH Rev Stat § 125-J:2 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 125-J - Emissions Reduction Trading Programs|Section 125-J:2 - Establishment.

    125-J:2 Establishment. –||There is established an emissions reduction credits trading program to facilitate compliance with the requirements of the Clean Air Act.|||Source. 1994, 397:2, eff. Aug. 9, 1994.|
NH Rev Stat § 125-J:2-a (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 125-J - Emissions Reduction Trading Programs|Section 125-J:2-a - Trading and Bank Programs.

    125-J:2-a Trading and Bank Programs. –||The department may establish trading and bank programs regarding discrete emissions reductions, NOx budget allowances, or other emissions reduction credit mechanisms to facilitate compliance with the requirements of the Clean Air Act.|||Source. 1996, 230:6, eff. July 1, 1996; 230:12, eff. July 1, 1996 at 12:01 a.m.|
NH Rev Stat § 125-J:3 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 125-J - Emissions Reduction Trading Programs|Section 125-J:3 - Nature of Emissions Reduction Credits.

    125-J:3 Nature of Emissions Reduction Credits. –||I. An emissions reduction credit certified by the department and issued to a device or source under this chapter is a limited authorization to hold and transfer such credits. Emissions reduction credits do not constitute a property right. Nothing in this chapter shall be construed as modifying the requirements of the Clean Air Act or RSA 125-C, as amended.||II. Emissions reduction credits, once certified and issued by the department, may be received, held, temporarily and permanently transferred and used in accordance with the provisions of this chapter and the Clean Air Act.|||Source. 1994, 397:2, eff. Aug. 9, 1994.|
NH Rev Stat § 125-J:3-a (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 125-J - Emissions Reduction Trading Programs|Section 125-J:3-a - Escrow Authority.

    125-J:3-a Escrow Authority. –||The commissioner may accept payments to be held in an escrow account to be used for the purchase of emissions reduction credits, discrete emissions reduction credits, NOx budget allowances, and other emissions reduction credit mechanisms, until such time as credits, allowances or other mechanisms are available for trading or banking in a trading or banking program.|||Source. 1996, 230:7, eff. July 1, 1996.|
NH Rev Stat § 125-J:4-a (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 125-J - Emissions Reduction Trading Programs|Section 125-J:4-a - Registration of Emissions Reduction Mechanisms.

    125-J:4-a Registration of Emissions Reduction Mechanisms. –||The department may also establish and administer a process for the registration, revocation, and enforcement of discrete emissions reductions, NOx budget allowances, and all other emissions reduction mechanisms for any air pollutants in accordance with the Clean Air Act. The use of DERs, NOx budget allowances and other emissions reduction mechanisms shall be permitted as approved by EPA and in accordance with rules adopted by the commissioner pursuant to this chapter.|||Source. 1996, 230:8, eff. July 1, 1996.|
NH Rev Stat § 125-J:4-b (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 125-J - Emissions Reduction Trading Programs|Section 125-J:4-b - Allocation of Emissions Reduction Mechanisms.

    125-J:4-b Allocation of Emissions Reduction Mechanisms. –||The department may also establish and administer a process for the allocation of NOx budget allowances, emissions reduction credits, discrete emission reductions, and other emissions reduction mechanisms which it is assigned by the federal government or interstate agreements or which it acquires in any other manner, except for shutdown of devices and sources. The department may allocate emissions reduction mechanisms without receiving payment in return.|||Source. 1999, 46:2, eff. May 21, 1999.|
NH Rev Stat § 125-J:6 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 125-J - Emissions Reduction Trading Programs|Section 125-J:6 - Trading of Emission Reduction Credits.

    125-J:6 Trading of Emission Reduction Credits. –||I. ERCs generated by devices and sources subject to RACT which are transferred to devices and sources subject to RACT shall be transferred in the ratio of 1:1.||II. ERCs generated by devices, area sources, mobile sources, and sources not subject to RACT which are transferred for use by devices and sources in satisfying any RACT requirement under the Clean Air Act and RSA 125-C shall be transferred in accordance with the offset ratios for nonattainment areas as provided in the Clean Air Act.||III. ERCs certified for reductions of either nitrogen oxides (NOx) or volatile organic compounds (VOCs) under RSA 125-J:4, I, shall be eligible to satisfy any applicable offset requirements for the other upon a determination that such proposed substitution does not jeopardize any attainment demonstration and does not violate any applicable requirement of the National Emissions Standards for Hazardous Air Pollutants (NESHAPS), and upon the approval of EPA. Substitution of NOx and VOCs reductions shall be in a ratio approved by the department and EPA.||IV. The ratios provided in paragraphs I, II, and III are established solely for the purpose of transferring ERCs between devices and sources and do not modify, amend or supercede any offset requirements of the Clean Air Act.||V. Interstate trading of ERCs shall be permitted as approved by EPA and in accordance with rules adopted pursuant to this chapter.|||Source. 1994, 397:2. 1996, 228:106, eff. July 1, 1996.|
NH Rev Stat § 125-J:7 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 125-J - Emissions Reduction Trading Programs|Section 125-J:7 - Inspection and Monitoring.

    125-J:7 Inspection and Monitoring. –||I. For the purpose of determining compliance with this chapter, any rule adopted by the commissioner relative to this chapter or an emissions reduction credit certificate issued under this chapter, an employee or authorized representative of the department may, upon presentation of appropriate credentials and at any reasonable time:||(a) Enter any facility containing a device or source of air pollution;||(b) Inspect and photograph devices and sources which produce or control air pollution and air contaminates, and obtain samples of materials processed in, and generated from, the devices and sources in the facility; and||(c) Inspect and copy records, information or test results relating to air pollution, air contaminates, devices and sources which produce or control air pollution and air contaminates, emissions reductions implemented or to be implemented at a device or source, and emissions reductions credits which have been applied for by a device or source, or issued by the department.||II. The commissioner may require persons certifying and using ERCs to collect, maintain, and submit data necessary to ensure that ERCs are and remain in compliance with all requirements of this chapter and the Clean Air Act, and with the conditions of the emissions reduction credits certificates issued hereunder.||III. Information obtained by or submitted to the department under this chapter which, in the judgment of the department, constitutes a trade secret, shall not be disclosed to the public without notice to the owner of the trade secret and an opportunity for a hearing. The protection against unauthorized disclosure of trade secret information under this chapter shall not exceed that permitted under RSA 91-A. The department may provide information relating to trade secrets to the EPA, provided that the EPA guarantees the same degree of confidentiality afforded by the department.|||Source. 1994, 397:2. 1996, 228:23, 104, eff. July 1, 1996.|
NH Rev Stat § 125-J:8 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 125-J - Emissions Reduction Trading Programs|Section 125-J:8 - Enforcement.

    125-J:8 Enforcement. –||I. Whenever the commissioner finds that a person who has been issued an ERC has violated the provisions of this chapter, any rules in force hereunder, or any condition of an emissions reduction credits certificate issued hereunder, including such conditions incorporated into permits issued by the department or EPA, the commissioner shall issue a notice of violation and an order of abatement establishing a compliance schedule with which the device, area source, mobile source, and source shall comply. Such order of abatement shall become final and enforceable by the commissioner within 30 days of its issuance unless an appeal is filed with the air resources council before the expiration of said 30-day period. The council shall hold a hearing on any such appeal promptly and shall thereafter issue a decision upholding, modifying or abrogating the commissioner's order or abatement or any part thereof. The council's decision shall become final 10 days after it is issued.||I-a. The commissioner of the department of environmental services, 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 pursuant to this chapter, or any permit, compliance schedule, stop use order, or order of abatement issued pursuant to this chapter; or upon any person who makes or certifies a material false statement relative to any document or information which is required to be submitted to the department pursuant to this chapter or any rule adopted pursuant to this chapter. Rehearings and appeals from a decision of the commissioner under this paragraph shall be in accordance with RSA 541. Any administrative fine imposed under this paragraph shall not preclude the imposition of further penalties under this chapter. The proceeds of administrative fines imposed pursuant to this paragraph shall be deposited in the general fund.||(a) Notice and hearing prior to the imposition of an administrative fine shall be in accordance with RSA 541-A and procedural rules adopted by the commissioner pursuant to RSA 541-A:16.||(b) The commissioner shall determine fines in accordance with RSA 125-C:15, I-b(b).||(c) The commissioner may assess an additional fine for repeat violations.||II. Any violation of this chapter, any rule adopted or final orders issued under this chapter, and any emissions reduction credits certificates issued under this chapter shall be subject to enforcement by injunction, including mandatory injunction, issued by the superior court upon application by the attorney general.|||Source. 1994, 397:2. 1996, 228:104, 106; 247:14, eff. Jan. 1, 1997.|
NH Rev Stat § 125-J:9 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 125-J - Emissions Reduction Trading Programs|Section 125-J:9 - Penalties.

    125-J:9 Penalties. –||I. Any person who violates any of the provisions of this chapter, or any rule adopted or order issued under this chapter, and any person who omits material information or makes any false statement or representation in connection with the certification of emission reduction credits shall be subject to a civil penalty not to exceed $25,000 for each violation and each day of a continuing violation.||II. Any person who knowingly or willfully violates any of the provisions of this chapter or any rule adopted or order issued under this chapter, and any person who knowingly or willfully omits material information or makes any false statement or representation in connection with the certification of emissions reduction credits shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.||III. Any person found guilty of any violation pursuant to RSA 125-J:8, II, notwithstanding RSA 651:2, and in addition to any sentence of imprisonment, probation, or conditional discharge, may be fined not more than $25,000 for each violation and each day of a continuing violation.|||Source. 1994, 397:2, eff. Aug. 9, 1994.|
NH Rev Stat § 125-J:10 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 125-J - Emissions Reduction Trading Programs|Section 125-J:10 - Liability of Purchasers of Emission Reduction Credits Limited.

    125-J:10 Liability of Purchasers of Emission Reduction Credits Limited. –||I. Notwithstanding RSA 125-J:4, VII, an emissions reduction credits certificate issued pursuant to this chapter shall not be suspended, revoked, or modified during the term of the certificate for a person who has purchased or has accepted such a certificate for use as permitted under this chapter, and who can establish by a preponderance of the evidence that the certificate was purchased or accepted without any knowledge that the emissions reduction credits represented thereon were not real, surplus, permanent, and quantifiable, or that the person certifying the credits was in violation of any emissions limitation of a permit issued by the department or EPA, or any RACT or offset requirement under the Clean Air Act and RSA 125-C.||II. There shall be no liability under RSA 125-J:8 and RSA 125-J:9 for a violation of an emissions reduction credits certificate or for a violation of a condition of a permit relating to the use of emissions reduction credits during the term of the certificate or permit for a person who has purchased or accepted a transfer of such a certificate for use as permitted under this chapter, and who can establish by a preponderance of the evidence that the certificate was purchased without any knowledge that the emissions reduction credits represented thereon were not real, surplus, permanent, and quantifiable, or that the person certifying the credits was in violation of any emission limitation of a permit issued by the department or EPA, or any RACT or offset requirement under the Clean Air Act and RSA 125-C.|||Source. 1994, 397:2. 1996, 228:106, eff. July 1, 1996.|
NH Rev Stat § 125-J:11 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 125-J - Emissions Reduction Trading Programs|Section 125-J:11 - Advisory Committee.

    125-J:11 Advisory Committee. –||I. There is established the air pollution advisory committee composed of the following members:||(a) Two representatives, appointed by the speaker of the house of representatives, of whom at least one shall be a member of the house science, technology, and energy committee. One representative shall be a member of a minority party.||(b) Two senators, appointed by the senate president.||(c) The governor, or designee.||I-a. The following additional members, whose terms shall be coterminous with their terms of office, shall be non-voting members of the committee and shall supply the committee with any information that it requests concerning matters subject to its purview:||(a) The commissioner of safety, or designee.||(b) The commissioner of environmental services, or designee.||II. The committee shall elect a chairperson and vice-chairperson, and meetings shall be at the call of the chair or a majority of committee members. The terms of the members shall be coterminous with their terms of office.||III. The committee shall perform an ongoing evaluation of the effectiveness of the following subjects and report its findings and recommendations to the governor and council, the speaker of the house, the senate president, the senate clerk, the house clerk, the state library, the house environment and agriculture, the science, technology and energy, and the commerce, small business, consumer affairs and economic development committees and the senate environment and economic development committees by October 1 of each year:||(a) The effectiveness of vehicle emission related portions of the motor vehicle safety inspection.||(b) The effectiveness of the emission reductions credits trading program.||IV. The committee shall also review and make recommendations to the commissioner on any proposed rule to be adopted under this chapter.|||Source. 1994, 397:2. 1995, 9:15, 16. 1998, 207:2, eff. June 18, 1998. 2020, 37:24, eff. July 29, 2020.|
NH Rev Stat § 125-J:11-a (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 125-J - Emissions Reduction Trading Programs|Section 125-J:11-a - Escrow Authority.

    125-J:11-a Escrow Authority. –||I. The commissioner, in consultation with the treasurer of the state of New Hampshire, may establish non-interest-bearing escrow accounts to facilitate the acquisition of ERCs, DERs, and other emissions reduction mechanisms. The commissioner shall maintain and publish, on or before January 1 and July 1 of each year, a list of all escrow accounts established, the balance of tons of each account, and the amount of moneys held within each account.||II. Escrow accounts may be used to satisfy the portion of any offset requirement that exceeds a ratio of 1:1 but shall not be used to satisfy the portion of any requirement which is less than or equal to 1:1. Escrow accounts may also be used to satisfy past-due RACT requirements, but the balance, in tons, in any such escrow account shall annually decrease by at least 20 percent of the original amount through the purchase of ERCs, DERs, or other emissions reduction mechanisms. The balance of any such escrow account shall be kept in tons, and the balance of each such account shall be increased by one percent at the end of each month.||III. The establishment, maintenance, operation, and termination of such escrow accounts shall be permitted in accordance with rules adopted by the commissioner pursuant to this chapter. The commissioner shall require that, at the end of each month, money shall be held within each such escrow account equal to at least 110 percent of the current market price per ton of ERCs, DERs, or other emissions reduction mechanisms times the balance, in tons, of that escrow account. Current market prices shall be determined by the commissioner.|||Source. 1996, 230:9, eff. July 1, 1996.|
NH Rev Stat § 125-J:12 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 125-J - Emissions Reduction Trading Programs|Section 125-J:12 - Rulemaking Authority; Submission.

    125-J:12 Rulemaking Authority;  Submission. –||I. Notwithstanding RSA 541-A, the commissioner shall adopt special temporary rules not subject to RSA 541-A as expeditiously as possible after July 1, 1996, except that the department shall hold a public hearing on the proposed special temporary rules and shall provide the public with notice of the hearing and an opportunity to testify and comment in writing, in accordance with the terms of the notice. The commissioner shall submit proposed rules pursuant to RSA 541-A as expeditiously as possible after the issuance of Environmental Protection Agency guidance. Such temporary and permanent rules shall include, but not be limited to, the following:||(a) The forms and information required on applications for the certification of emissions reduction credits.||(b) The methods to be used to determine that emissions reductions by all eligible sources and devices are real, surplus, quantifiable, enforceable, and permanent for the life of the credit.||(c) The allowable emissions controls for use in achieving emissions reductions, including, but not limited to, early implementation of future emissions controls and seasonal controls.||(d) The criteria for the modification, suspension, and revocation of an emissions reduction credits certificate.||(e) The data and information required for the monitoring of ERCs.||(f) Public notice and hearing procedures for the certification and revocation of emissions reduction credits.||(g) Interstate trading of emissions reduction credits.||(h) Procedures for implementing trading and banking programs for all emissions reduction credit mechanisms.||II. Any proposed special temporary rules to be adopted under paragraph I shall be submitted for review and recommendation to the air pollution advisory committee and the air resources council at least 30 days prior to adoption. Any proposed rules to be adopted pursuant to RSA 541-A shall be submitted to the air pollution advisory committee for review and recommendation at least 30 days prior to filing a notice of proposed rule with the director of legislative services under RSA 541-A:6. Any proposed allocations of any emissions reduction mechanisms pursuant to RSA 125-J:4-b shall be submitted to the air pollution advisory committee for review and recommendation at least 30 days prior to the allocation.|||Source. 1994, 397:2. 1995, 262:3. 1996, 230:10, 11. 1998, 207:3. 1999, 46:4, 5, eff. May 21, 1999.|
NH Rev Stat § 125-J:13 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 125-J - Emissions Reduction Trading Programs|Section 125-J:13 - Repealed by 2010, 59:2, II, eff. Jan. 1, 2014.

    125-J:13 Repealed by 2010, 59:2, II, eff. Jan. 1, 2014. –|
NH Rev Stat § 125-J:14 (2021)
2021 New Hampshire Revised Statutes|Title X - Public Health|Title 125-J - Emissions Reduction Trading Programs|Section 125-J:14 - Repealed by 2010, 59:2, III, eff. Jan. 1, 2014.

    125-J:14 Repealed by 2010, 59:2, III, eff. Jan. 1, 2014. –|