HB1315 (2006) Detail

(2nd New Title) AN ACT relative to the definition and classification of dams, the acceptance of Jericho Lake dam and dike in Berlin, the fish and game department's acquisition of property rights to Big Brook Bog dam in Pittsburg, and the study of potential sources of funding for the repair and maintenance of dams by the state.


CHAPTER 306

HB 1315 – FINAL VERSION

07Mar2006… 0935h

04/20/06 1652s

05/03/06 2145s

24May2006… 2339cofc

24May2006… 2390eba

2006 SESSION

06-2239

06/03

HOUSE BILL 1315

AN ACT relative to the definition and classification of dams, the acceptance of Jericho Lake dam and dike in Berlin, the fish and game department’s acquisition of property rights to Big Brook Bog dam in Pittsburg, and the study of potential sources of funding for the repair and maintenance of dams by the state.

SPONSORS: Rep. R. Cooney, Rock 4; Rep. Whalley, Belk 5; Rep. Currier, Merr 5; Rep. Parkhurst, Ches 4; Sen. Johnson, Dist 2; Sen. Barnes, Dist 17; Sen. Gallus, Dist 1

COMMITTEE: Resources, Recreation and Development

AMENDED ANALYSIS

This bill:

I. Changes the names for classification of dams from letters to names based on the hazard potential of the dam.

II. Exempts certain storm water detention dams from the definition of “dam.”

III. Authorizes the department of resources and economic development to accept the Jericho Lake dam and dike in Berlin.

IV. Authorizes the fish and game department to acquire property rights to Big Brook Bog dam in Pittsburg.

V. Requires the dam management review committee to study and report on the potential sources of funding for the repair and maintenance of dams by the state.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07Mar2006… 0935h

04/20/06 1652s

05/03/06 2145s

24May2006… 2339cofc

24May2006… 2390eba

06-2239

06/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to the definition and classification of dams, the acceptance of Jericho Lake dam and dike in Berlin, the fish and game department’s acquisition of property rights to Big Brook Bog dam in Pittsburg, and the study of potential sources of funding for the repair and maintenance of dams by the state.

Be it Enacted by the Senate and House of Representatives in General Court convened:

306:1 Classification of Dams; Names Changed. RSA 482:2, I is repealed and reenacted to read as follows:

I. “Classification of a dam” means the potential hazard classification placed on a dam by the department based on the potential threat to life and the potential extent of property damage in the event of accidental damage to, or failure of, the dam structure. The classifications shall be “non-menace,” “low hazard potential,” “significant hazard potential,” or “high hazard potential.”

306:2 Definitions; Dam; Certain Storm Water Detention Basins Exempted. Amend RSA 482:2, II to read as follows:

II.(a) “Dam” means any artificial barrier, including appurtenant works, which impounds or diverts water, and which has a height of 4 feet or more, or a storage capacity of 2 acre-feet or more, or is located at the outlet of a great pond. A roadway culvert shall not be considered a dam if its invert is at the natural bed of the water course, it has adequate discharge capacity, and it does not impound water under normal circumstances. Artificial barriers which create surface impoundments for liquid industrial or liquid commercial wastes, septage, or [municipal] sewage, regardless of height or storage capacity, shall be considered dams.

(b) An artificial barrier at a storm water detention basin, which impounds 0.5 acre-foot or less of water during normal conditions, shall not be considered a dam unless its height is 10 feet or greater or its maximum storage is 6 acre-feet or greater.

306:3 Non-Permitted Existing Dams; Classification Names Changed. Amend RSA 482:5, II to read as follows:

II. In addition to the information required in paragraph I, the applicant, upon notice from the department, shall submit to the department an additional classification fee based on the classification of a dam as follows:

(a) [Class “A”] Low hazard potential dam--$100

(b) [Class “B”] Significant hazard potential dam--$250

(c) [Class “C”] High hazard potential dam--$500.

306:4 Annual Registration Fee; Classification Names Changed. Amend RSA 482:8-a to read as follows:

482:8-a Annual Registration Fee. Annual registration fees for dams shall be payable to the department on January 1 of each calendar year. Failure to pay the registration fee shall be considered a violation of RSA 482:15. Yearly dam registration fees based on the following dam classification shall be as follows: [Class A] Low hazard potential = $100; [Class B] Significant hazard potential = $300; [Class C] High hazard potential = $600. Revenues from this annual registration are to be collected by the department and deposited in the dam maintenance fund established in RSA 482:55 to be used for the inspection of dams.

306:5 Preliminary Filing Information; Classification Names Changed. Amend RSA 482:9, IV to read as follows:

IV. In addition to the information requested regarding the construction or reconstruction of said dam, the applicant shall also submit to the department an additional classification fee, which shall be deposited into the dam maintenance fund established in RSA 482:55 to be used for the inspection of dams, based on the classification of a dam as follows:

(a) [Class “A”] Low hazard potential dam--$250

(b) [Class “B”] Significant hazard potential dam--$750

c) [Class “C”] High hazard potential dam--$1000

306:6 Preliminary Filing Information; Construction or Reconstruction; Classification Names Changed. Amend the introductory paragraph of RSA 482:9, V to read as follows:

V. The department shall not permit the construction or reconstruction of any [class B] significant hazard potential or [class C] high hazard potential dam unless:

306:7 New Paragraph; Jericho Lake Dam and Dike Acquisition Authorized. Amend RSA 482:48 by inserting after paragraph V the following new paragraph:

VI. For a consideration of $1, the department of resources and economic development, division of parks and recreation, is authorized to accept the Jericho Lake dam and dike in the city of Berlin.

306:8 New Paragraph; Property Rights Acquisition Authorized. Amend RSA 482:48 by inserting after paragraph V the following new paragraph:

VI. For a consideration of $1, the fish and game department is authorized to accept conveyance from the property owners of all water and property rights necessary to repair, maintain, and operate Big Brook Bog dam in the town of Pittsburg, known as number 194.14, for the purpose of improving and controlling the water rights for the benefit of the state. The property rights the fish and game department is authorized to acquire for the benefit of the state shall be exempt from taxation as long as the properties are held by the state. The rights to be acquired shall include the right to maintain Big Brook Bog dam in its historic configuration as it existed prior to February 1, 2003, or any other configuration beneficial to the state. The fish and game department may transfer rights in Big Brook Bog dam under RSA 482:51 to the department for purposes of repair and maintenance.

306:9 Dam Management Review Committee; Study. The dam management review committee, established under RSA 482:93, shall study the potential sources of funding for the repair and maintenance of dams by the state and shall report its findings and recommendations to the governor, the president of the senate, and the speaker of the house of representatives by December 1, 2006.

306:10 Effective Date.

I. Section 8 of this act shall take effect upon its passage.

II. The remainder of this act shall take effect 60 days after its passage.

Approved: June 19, 2006

Effective: I. Section 8 shall take effect June 19, 2006

II. Remainder shall take effect August 18, 2006

Links

HB1315 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB1315 Revision: 9591 Date: Jan. 21, 2010, midnight

Docket