HB 319-FN-LOCAL – AS INTRODUCED
2005 SESSION
06/10
HOUSE BILL 319-FN-LOCAL
AN ACT requiring the department of environmental services to arbitrate certain disputes between municipalities.
SPONSORS: Rep. Mirski, Graf 10
COMMITTEE: Executive Departments and Administration
This bill requires the department of environmental services to arbitrate disputes between municipalities that arise from environmental issues.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0552
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT requiring the department of environmental services to arbitrate certain disputes between municipalities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Purpose. The general court recognizes that the environmental conditions that occur in one municipality may affect the citizens of another municipality. The general court further recognizes that it is in the best interests of the state to have a method to speedily resolve any resulting problems.
2 New Subparagraph; Arbitration. Amend RSA 21-O:1, II by inserting after subparagraph (g) the following new subparagraph:
(h) Arbitration of disputes arising between municipalities related to environmental issues.
3 New Subdivision; Arbitration of Disputes Related to Environmental Issues. Amend RSA 21-O by inserting after section 22 the following new subdivision:
Arbitration of Disputes Related to Environmental Issues
21-O:23 Arbitration by the Department of Environmental Services.
I.(a) If an environmental condition emanating from one municipality violates the adopted ordinances of another municipality, the governing body of the offended municipality may file a formal complaint with the governing body of the offending municipality. A copy of the complaint shall be sent to the department of environmental services. The 2 municipalities shall have 60 days to resolve the problem. If resolution is attained, a formal signed agreement shall be sent to the department. If no resolution has been attained, the parties shall notify the department.
(b) The department, within 30 days after receiving notification of non-resolution, shall meet with both governing bodies and attempt to arbitrate an agreement to resolve the problem. If arbitration is successful, a formal agreement shall be drawn up by the department, signed by both governing bodies, and issued as an order of the department. If the department is not able to arbitrate an agreement, the department shall have 90 days to resolve the problem as defined in the initial complaint. During that time the department may order the acquisition of empirical data that is pertinent to the original complaint. After review of the data, the department shall issue a binding order to resolve the issue complained of. The order shall take effect 90 days after the date of its issue.
(c) Either municipal governing body may appeal the department’s order under RSA 541.
II. All costs associated with acquisition of empirical data ordered by the department shall become the obligation of the municipality filing the initial complaint. The department is authorized to make reasonable charges for its costs and services to arbitrate and resolve the complaint and these shall become the obligation of the municipality filing the initial complaint. These charges may be appealed to the department and the ruling made by the department shall be final and subject to no further appeal.
III. The commissioner may adopt rules under RSA 541-A to implement the provisions of this section.
4 Effective Date. This act shall take effect January 1, 2006.
LBAO
05-0552
1/14/05
HB 319-FN-LOCAL - FISCAL NOTE
AN ACT requiring the department of environmental services to arbitrate certain disputes between municipalities.
FISCAL IMPACT:
The Department of Environmental Services and Municipal Association have determined this bill will increase state and local expenditures and state revenue by an indeterminable amount in FY 2006 and each year thereafter. There will be no fiscal impact on county expenditures or county and local revenue.
METHODOLOGY:
The Department of Environmental Services (DES) indicates this bill requires the department to arbitrate disputes of environmental conditions between municipalities, and to make reasonable charges to the municipality filing the initial complaint for its costs and services to arbitrate and resolve the complaint. The Department states that the fiscal impact to the general fund is indeterminable, but likely less than $6,000 in FY 2006 and likely less than $2,000 each year in FY2007 through 2009 for training costs. The Department further states that the impact to municipalities filing complaints is indeterminable, but likely in the range of $6,000 to $150,000 per case for empirical data and legal counsel, and the fiscal impact to other participating municipalities is indeterminable, but likely in the range of $5,000 to $150,000 per case for legal fees.
The Municipal Association states the fiscal impact is indeterminable to municipalities, but there would be indirect fiscal impact as a result of the relief ordered by the Department in any given case.