§ 21-O:2 — Commissioner; Assistant Commissioner; Directors; Chief Operations Officer; Compensation

New Hampshire § 21-O:2

• Jurisdiction: New Hampshire
• Title I: THE STATE AND ITS GOVERNMENT
• Ch. 21-O: DEPARTMENT OF ENVIRONMENTAL SERVICES

Text

I. The commissioner of the department of environmental services shall be appointed by the governor, with the consent of the council, and shall serve for a term of 4 years. The commissioner shall be qualified to hold that position by reason of education and experience.
II. The commissioner of environmental services shall nominate an assistant commissioner for appointment by the governor, with the consent of the council, who shall serve for a term of 4 years. The assistant commissioner shall be qualified to hold that position by reason of education and experience. The assistant commissioner shall have overall responsibility for all planning functions of the department and shall perform such other duties as the commissioner may assign. The assistant commissioner shall perform the duties of the commissioner if for any reason the commissioner is unable to do so.
III. Division directors shall be appointed to terms of 4 years.
(a) The commissioner shall, after consulting with the water council, nominate for appointment by the governor and council a director of the division of water. The nominee shall have a baccalaureate or master's degree from an accredited college or university and shall have a minimum of 5 years' responsible experience in the administration of sanitary or environmental engineering programs in the public or private sector.
(b) The commissioner shall, after consulting with the air resources council, nominate for appointment by the governor and council a director of air resources. Each nominee shall hold a baccalaureate or master's degree from a recognized college or university with a major study in environmental sciences, chemistry, engineering, public health, public administration, or a related field, and have 5 years' experience in a high supervisory or administrative position in a public or private agency engaged in air quality, air pollution control, environmental planning, engineering project management, or a related discipline.
(c) The commissioner shall, after consulting with the waste management council, nominate for appointment by the governor and council a director of waste management. Each nominee shall hold a baccalaureate or master's degree from a recognized college or university with major study in environmental sciences, chemistry, civil engineering, public health, public administration, or a related field, and have 5 years' experience in a high level supervisory or administrative position in a public or private agency engaged in waste management, environmental health, or a related discipline.
III-a. The commissioner shall nominate for appointment by the governor and council a chief operations officer of the commissioner's office who shall serve for a term of 4 years. The chief operations officer shall oversee and coordinate the activities of the administrative services unit and shall be responsible for the following functions:
(a) Preparing agency budget requests.
(b) Carrying out the directives of the commissioner and assistant commissioner.
IV. The commissioner, or assistant commissioner, as designated by the commissioner, shall be responsible for the following functions:
(a) Developing and implementing procedures for assuring smooth operation of the various units within the commissioner's office;
(b) Ensuring compliance with directives and procedures by the governor and general court; and
(c) Implementing audit recommendations concerning the commissioner's office units.
V. The salaries of the commissioner, the assistant commissioner, the chief operations officer, and each division director shall be as specified in RSA 94:1-a.

Legislative History

1986, 202:1. 1990, 112:1. 1991, 355:8-10. 1996, 228:4, 113, I. 2004, 257:19, eff. July 1, 2004. 2019, 346:122, eff. July 1, 2019. 2023, 79:16, eff. July 1, 2023. 2025, 141:117, eff. July 1, 2025.