Committee approves amendment moving mining permitting to DES over objections about lost public‑hearing language

Representative Judy Aaron told the Resources Committee that a constituent’s multi‑year, costly permitting experience motivated a non‑germane amendment to HB 1141 (amendments 2026‑0430h and 2026‑0532h). The amendment would transfer primary permitting authority for mining and prospecting from the Department of Natural and Cultural Resources to the Department of Environmental Services, aiming to reduce duplication and clarify requirements.

Aaron said the existing statutes are old and confusing and described a case in her district where the applicant spent years and roughly $40,000 to secure permits. Amy Clark, Alteration of Terrain Bureau administrator at DES, testified that many mining projects already obtain alteration‑of‑terrain permits through DES and that fee alignment and rulemaking will be needed. Carrie Yankis of DNCR said the department supports consolidating permitting with DES and will collaborate on the transition.

Representative Darby and others raised a substantive concern: the amendment removes statutory public‑hearing language that used to be in RSA 12‑E; Darby asked whether the amendment should explicitly preserve public‑hearing requirements via rulemaking or a statutory tweak. Darby said the committee could remedy the omission with a floor amendment.

The committee voted to adopt amendment 0532h 9–7. Later in the session, the committee moved HB 1141 as ought to pass as amended (OTPA) and the roll call was 16–0, with the chair noting the bill would not be placed on consent so Representative Darby could offer a floor amendment if desired.