HB1684 (2006) Detail

Establishing a commission to study the effects of leasing state-owned waterfront property and placing a moratorium on the leasing of state-owned waterfront property.


HB 1684-FN – AS INTRODUCED

2006 SESSION

06-2474

08/09

HOUSE BILL 1684-FN

AN ACT establishing a commission to study the effects of leasing state-owned waterfront property and placing a moratorium on the leasing of state-owned waterfront property.

SPONSORS: Rep. Millham, Belk 5; Sen. Johnson, Dist 2

COMMITTEE: Resources, Recreation and Development

ANALYSIS

This bill establishes a commission to study the effects of leasing state-owned waterfront property.

The bill also establishes a moratorium on the leasing of state-owned waterfront property managed by the department of transportation until the commission makes a final report.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2474

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT establishing a commission to study the effects of leasing state-owned waterfront property and placing a moratorium on the leasing of state-owned waterfront property.

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

1 Commission Established. There is established a commission to study the effects of leasing state-owned waterfront property on the public waters of the state.

2 Membership and Compensation.

I. The voting members of the commission shall be as follows:

(a) Five members of the house of representatives, appointed by the speaker of the house of representatives.

(b) One member of the senate, appointed by the president of the senate.

(c) One member of the academic community from Plymouth state university’s Center for the Environment, appointed by the governor.

II. The non-voting members of the commission shall be as follows:

(a) The director of the office of energy and planning, or designee.

(b) The commissioner of the department of transportation, or designee.

III. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

3 Duties. The commission shall:

I. Review the current and future economic and environmental implications of leasing state-owned waterfront property to private parties.

II. Calculate the total length of state-owned waterfront property, by town, managed by the department of transportation, bureau of rail and transit for property already leased and property available to be leased, and the income generated by such leases for the past 5 years.

III. Review the scope and importance of allowing residents with previous waterfront access the ability to lease state-owned waterfront property.

IV. Review the authority and scope of the council on resources and development (CORD) and what authority, if any, public boards and committees such as the lakes management advisory committee and the rivers management advisory committee have with respect to CORD decisions.

V. Review RSA 228:57-a, allowing leasing of shorefront state-owned rail property at $25 per linear foot.

VI. Seek input from the lakes management advisory committee, the public waters access advisory board, the rivers management advisory committee, the department of transportation’s bureau of rail and transit, the office of energy and planning, and others with expertise in the subject.

4 Chairperson; Quorum. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Four members of the commission shall constitute a quorum.

5 Report. The commission shall report its findings and any recommendations for proposed legislation in an interim report on or before November 30, 2006, and a final report on or before November 1, 2007, to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, the commissioner of the department of transportation, the commissioner of the department of environmental services, and the state library on or before November 30, 2006.

6 Moratorium Established. There is established a moratorium on the leasing of all state-owned waterfront property managed by the department of transportation, bureau of rail and transit until the commission makes a final report.

7 Effective Date. This act shall take effect upon its passage.

LBAO

06-2474

12/12/05

HB 1684-FN - FISCAL NOTE

AN ACT establishing a commission to study the effects of leasing state-owned waterfront property and placing a moratorium on the leasing of state-owned waterfront property.

FISCAL IMPACT:

      The Department of Transportation indicates this bill will decrease state restricted highway fund revenue by an indeterminable amount in FY 2007 and FY 2008. There will be no fiscal impact on state, county and local expenditures or county and local revenue.

METHODOLOGY:

    The Department of Transportation (DOT) states this bill establishes a commission to study the effects of leasing state-owned waterfront property and establishes a moratorium on leasing state-owned waterfront property managed by DOT until the commission makes a final report. DOT states that there will be no costs for staff time to conduct research for the commission. DOT further assumes that existing state-owned waterfront leases will continue with no loss of revenue, however, state revenue will decrease by an indeterminable amount from potential new leases that cannot be executed due to the moratorium.