SB103 (2006) Detail

(New Title) establishing a committee to study alternatives for funding the operation and maintenance of state-owned dams and making an appropriation to the state dam maintenance fund.


SB 103-FN-A-LOCAL – AS AMENDED BY THE HOUSE

01/18/06 0263s

03/16/06 1338s

26Apr2006… 1882h

26Apr2006… 2050h

2005 SESSION

05-0932

06/09

SENATE BILL 103-FN-A-LOCAL

AN ACT establishing a committee to study alternatives for funding the operation and maintenance of state-owned dams and making an appropriation to the state dam maintenance fund and requiring the department of resources and economic development to submit a management and financial plan to the general court and the public prior to the opening of the Berlin regional ATV park.

SPONSORS: Sen. Johnson, Dist 2

COMMITTEE: Environment and Wildlife

AMENDED ANALYSIS

This bill establishes a committee to study alternatives for funding the operation and maintenance of state owned dams. This bill also makes an appropriation to the department of environmental services dam maintenance fund.

This bill requires the department of resources and economic development to submit a plan to the general court and the public prior to the opening of the Berlin regional ATV park.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01/18/06 0263s

03/16/06 1338s

26Apr2006… 1882h

26Apr2006… 2050h

05-0932

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT establishing a committee to study alternatives for funding the operation and maintenance of state-owned dams and making an appropriation to the state dam maintenance fund and requiring the department of resources and economic development to submit a management and financial plan to the general court and the public prior to the opening of the Berlin regional ATV park.

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

1 Committee Established. There is established a committee to study alternatives for funding the operation and maintenance of state-owned dams.

2 Membership and Compensation.

I. The members of the committee shall be as follows:

(a) Three members of the senate, appointed by the president of the senate.

(b) Four members of the house of representatives, appointed by the speaker of the house of representatives.

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

3 Duties. The committee shall study the need for the operation and maintenance of state-owned dams, the existing funding sources for the operation and maintenance of state-owned dams including the state’s hydro-lease program, established under RSA 481:32, and the state dam maintenance fund, established under RSA 482. The committee shall develop recommendations for the continued operation and maintenance of state-owned dams and options for funding the state dam maintenance fund.

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

5 Report. The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2006.

6 Appropriation. The sum of $1 is hereby appropriated to the department of environmental services dam maintenance fund, established under RSA 482:55, for the fiscal year ending June 30, 2007. This sum is in addition to any other funds appropriated to the department of environmental services. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

7 New Subdivision; Off Highway Recreational Vehicles; State Park in Berlin. Amend RSA 215-A by inserting after section 44 the following new subdivision:

Park Management Plan

215-A:45 State Park in Berlin; Park Management and Financial Plan.

I. Prior to the formal opening of the park in the city of Berlin to ATV use, the commissioner of the department of resources and economic development shall develop a management and financial plan and shall present the plan to the public and the general court. The plan shall include, but not be limited to:

(a) Existing land uses, including acreage, park boundaries, trails, facilities, recreational areas, and natural areas.

(b) Proposed park land uses, including extent and location of trails by user type, facilities for visitors and park management, non-trail recreational resources, natural areas and their management, and buffer areas.

(c) Proposed improvements and estimated phasing schedule, including improvements to be made prior to opening of the park.

(d) Provisions for enforcement of OHRV regulations and for emergency response, including memoranda of understanding with state agencies, municipalities, and other groups.

(e) A financial plan, including proposed expenditures and sources of revenues.

II. In accordance with RSA 215-A:41, II(f), the plan shall be presented at a public hearing advertised in a newspaper of statewide circulation. Prior to this hearing, the plan shall be presented to appropriate legislative committees and to the governor.

III. An annual report shall be presented to the speaker of the house of representatives, the senate president, the house resources, recreation and development committee, the senate environment and wildlife committee, and the governor by January 15 of each year. The report shall include:

(a) Development completed within the park.

(b) Projected development for the coming year.

(c) A financial report on revenues and expenditures for the past year and projections for the next 5 years.

(d) The number of visitors and report of enforcement and emergency activity in the park.

(e) Marketing of the park.

8 Effective Date.

I. Section 6 of this act shall take effect July 1, 2006.

II. The remainder of this act shall take effect upon its passage.

LBAO

05-0932

Amended 5/9/06

SB 103 FISCAL NOTE

AN ACT establishing a committee to study alternatives for funding the operation and maintenance of state-owned dams and making an appropriation to the state dam maintenance fund and requiring the department of resources and economic development to submit a management and financial plan to the general court and the public prior to the opening of the Berlin regional ATV park.

FISCAL IMPACT:

The Departments of Environmental Services and Resources and Economic Development determined this bill, as amended by the House (Amendments #2006-1882h and #2006-2050h), will increase state expenditures by $30,001 and state revenue by $30,000 in FY 2007. There will be no fiscal impact on county and local revenue or expenditures.

This bill appropriates $1 in general funds in FY 2007 to the Department of Environmental Services dam maintenance fund for the purposes of this act.

METHODOLOGY:

The Department states the $1 general fund appropriation in FY 2007 is made towards the estimated short-term annual deficit in revenue to the dam maintenance fund while a study committee is formed to study permanent alternatives for funding the operation and maintenance of state-owned dams. The dam maintenance fund pays for the operation, maintenance, and reconstruction of 269 state-owned dams, and repayment of bonds issued to establish the fund. The current annual debt obligation is over $800,000. The Department further states the only source of revenue to the dam maintenance fund is lease payments received from 12 hydropower operators who generate hydropower at certain state-owned dams. The lease payments are based on a percentage of the revenues the operators receive from power generated at the state-owned dams. The shortfall in revenue has been created by unanticipated changes in the energy market. The Department states a previous legislative study committee (Chapter 121, Laws of 2004) identified the short-term deficit as approximately $1,000,000, but decreasing over time as the bonds are repaid.

The Department of Resources and Economic Development, Division of Parks and Recreation estimates the cost to develop a management and financial plan for the state park located in Berlin will be $30,000. The Department assumed the plan will be produced by a contractor and the cost will be paid from a federal grant available through the recreational trails program.