Senator Howard Pearl told the Senate Energy and Natural Resources Committee that his bill would "bring appeals of license actions and fine actions by New Hampshire DES in line with the appeals process for permit decisions" and would route those appeals to separate independent environmental councils appointed by the governor with Executive Council approval. He said the change is intended to address the perception that "the aggrieved person or entity does not get a fair hearing because the same agency that made the decision is also deciding the appeal." The bill would also permit the Department of Justice to hire a hearing officer for those council appeals and cleans up several outdated statutory cross‑references.

Bob Scott, commissioner of the Department of Environmental Services, described the current internal process and what he called problematic "firewalls" that restrict the commissioner's ability to consult staff who handled a matter once it is appealed. He said the goal is not to eliminate due process but to make appeals appear and operate more impartially. Commissioner Scott and agency staff flagged drafting issues across many interconnected RSA provisions and offered committee amendments to fix cross‑references and to ensure the bill applies consistently to licenses and certifications (for example, septic designers, installers and wastewater operators) as well as to fine actions.

A key drafting change circulated by sponsors would address immediate effect of an agency action: as amended, a licensing or fine action would not go into immediate effect if appealed; the amendment would allow a 30‑day period to appeal and would stay the action during the appeal process in most cases, except in situations involving immediate risk to human health or the environment.

Committee members asked whether permits or certifications that do not use the word "license" would be included; agency staff answered that the bill covers "licenses and certifications" and gave examples including septic designers, septic installers and wastewater operators. Robert Duval, chair of the Air Resources Council, testified in support and said the council is already hearing some appeals and that bringing more appeals to the council would better serve the public and the department.

The hearing record includes discussion of statutory complexity (transcript references "RSA 5 41 a" in the bill text), multiple proposed technical amendments, and policy questions about where the line should be drawn for immediate health‑risk exceptions. The committee closed the hearing without recording a final committee vote during this session.

What happens next: Sponsors indicated they will circulate and refine amendments to correct cross‑references and clarify scope; the committee did not take a final vote at this hearing.