CHAPTER 313
SB 140 – FINAL VERSION
03/10/05 0448s
02Feb2006… 0075h
02Feb2006… 0354h
05/24/06 2250CofC
05/24/06…2385eba
2006 SESSION
08/04
SENATE BILL 140
AN ACT relative to the acceptance of in-lieu payments for the restoration or creation of wetlands and the preservation of upland areas adjacent to wetland areas.
SPONSORS: Sen. Gallus, Dist 1; Sen. Johnson, Dist 2; Sen. D’Allesandro, Dist 20; Sen. Martel, Dist 18; Sen. Roberge, Dist 9; Rep. Whalley, Belk 5; Rep. Alger, Graf 6; Rep. Dickinson, Carr 1; Rep. R. L’Heureux, Hills 19; Rep. Theberge, Coos 4
COMMITTEE: Environment and Wildlife
This bill allows the department of environmental services to accept monetary payments in lieu of other forms of compensatory mitigation for wetlands for certain small projects. It establishes a mitigation fund for the payments and establishes a committee to select projects that will compensate for the loss of wetlands and which may be funded from the mitigation fund.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/10/05 0448s
02Feb2006… 0075h
02Feb2006… 0354h
05/24/06 2250CofC
05/24/06…2385eba
05-0370
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to the acceptance of in-lieu payments for the restoration or creation of wetlands and the preservation of upland areas adjacent to wetland areas.
Be it Enacted by the Senate and House of Representatives in General Court convened:
313:1 New Subdivision; Aquatic Resource Compensatory Mitigation. Amend RSA 482-A by inserting after section 27 the following new subdivision:
Aquatic Resource Compensatory Mitigation
482-A:28 Aquatic Resource Compensatory Mitigation. In lieu of other forms of compensatory mitigation, the department may accept payment for an unavoidable loss of aquatic resource functions and values from a proposed activity which at a minimum:
I. Impacts less than one acre of wetlands and meets the criteria for a United States Army Corps of Engineers state programmatic general permit.
II. Exceeds one acre of impact for a public roadway or a public utility project and meets the criteria for a United States Army Corps of Engineers state programmatic general permit
482-A:29 Fund Established.
I. There is hereby established the aquatic resource compensatory mitigation fund into which payments made under this subdivision shall be deposited. The fund shall be a separate, non-lapsing fund continually appropriated to the department to be used only as specified in this subdivision for costs related to wetlands creation or restoration, stream restoration, preservation of upland areas adjacent to wetlands, and the subsequent monitoring and maintenance of such areas.
II. The fund may not be used to pay state personnel costs except, upon approval of the fiscal committee, to support up to one full-time position for administration of the fund and related projects. Only money from the 5 percent administrative assessment collected under RSA 482-A:30, III shall be used for this purpose.
III. The state treasurer shall invest the fund as provided by law. Interest received on such investment shall be credited to the fund.
IV. The wetlands council, established by RSA 21-O:5-a, shall approve disbursements of the aquatic resource compensatory mitigation fund based on recommendations provided by the site selection committee established under RSA 482-A:32, and in accordance with rules adopted by the commissioner.
482-A:30 Payment for Freshwater and Tidal Wetlands Losses. For freshwater and tidal wetlands losses, the in lieu payment shall be the sum of:
I. The cost that would have been incurred if a wetland of the same type was constructed at the ratios adopted by the department based on a price of $65,000 per acre of wetland created, to be adjusted at the beginning of the calendar year according to the annual simple rate of interest on judgments established by RSA 336:1;
II. The area of wetlands, as used in the calculation performed under paragraph I, times the cost of land in the municipality where the impact is occurring as calculated by the total assessed land values in the municipality, as determined by the department of revenue administration, which are equalized, divided by the number of acres in the municipality to yield a per acre equalized land value; and
III. An administrative assessment which equals 5 percent of the sum of paragraphs I and II.
482-A:31 Rulemaking. The commissioner shall adopt rules under RSA 541-A relative to:
I. Identification of appropriate situations under which in lieu payments may be made. The criteria in RSA 482-A:28 shall be the minimum requirements for projects eligible for in lieu payments.
II. The method of calculating the amount of in lieu payments under RSA 482-A:30 which shall approximate the total cost of wetlands construction or such other mitigation actions as would have been required by the department and incurred by the applicant in the absence of making such payments. An administrative assessment of 5 percent of the total cost shall be added as part of the calculation method.
III. Criteria to use in selecting projects that would compensate for the lost aquatic resource functions or values.
(a) Tidal aquatic resources shall be compensated by the selection of qualifying tidal projects.
(b) An emphasis shall be given to selecting from among the qualifying projects those that are nearer to the site of the lost aquatic resource.
(c) No project shall be funded with in lieu payments from losses that occurred outside the hydrologic unit code 8 watershed, as developed by the United States Geological Survey, in which the project is located.
(d) Such criteria shall be adopted in consultation with the site selection committee established under RSA 482-A:32.
482-A:32 Site Selection Committee Established.
I. There is established a site selection committee for the purpose of identifying projects to be funded from the aquatic resource compensatory mitigation fund.
II. The committee shall consist of the following members:
(a) The commissioner of the department of environmental services, or designee.
(b) The executive director of the fish and game department, or designee.
(c) The director of the office of energy and planning, or designee.
(d) The commissioner of the department of resources and economic development, or designee.
(e) Four members of the public, appointed by the governor and council for a term of 3 years or until a successor is chosen. The members of the public shall be as follows:
(1) A member of a municipal conservation commission at the time of appointment, who shall be one of 3 nominees submitted by the New Hampshire Association of Conservation Commissions.
(2) A natural resource scientist, who shall be one of 3 nominees submitted by the New Hampshire Association of Natural Resource Scientists.
(3) A person with experience in environmental protection and resource management at the time of appointment, who shall be one of 3 nominees submitted by the Nature Conservancy.
(4) A person with experience in environmental protection and resource management at the time of appointment, who shall be one of 3 nominees submitted by the Society for the Protection of New Hampshire Forests.
III. The members of the committee shall elect a chairperson annually.
IV. Each public member of the committee shall receive $50 per meeting. The other members of the site selection committee shall receive no compensation other than their regular state salaries but shall receive mileage paid at the rate set for state employees.
482-A:33 Report. The department shall submit an annual report by October 1 beginning with fiscal year 2006, to the fiscal committee, the chairperson of the house resources, recreation and development committee, and the chairperson of the senate environment and wildlife committee summarizing all receipts and disbursements of the aquatic resource compensatory mitigation fund, including a description of all projects undertaken. Each report shall be in such detail with sufficient information to be fully understood by the general court and the public. After submission to the general court, the report shall be available to the public.
313:2 Application of Receipts; Aquatic Resource Compensatory Mitigation Fund. Amend RSA 6:12, I(b) by inserting after subparagraph 242 the following new subparagraph:
(243) Moneys deposited in the aquatic resource compensatory mitigation fund established by RSA 482-A:29.
313:3 Wetlands Council; Aquatic Resource Compensatory Mitigation Fund. Amend RSA 21-O:5-a by inserting after paragraph VII the following new paragraph:
VIII. The council shall approve disbursements of the aquatic resource compensatory mitigation fund established under RSA 482-A:29.
313:4 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 19, 2006
Effective: August 18, 2006