CHAPTER 179
HB 648 – FINAL VERSION
27Mar2007… 0601h
05/17/07 1547s
2007 SESSION
06/05
HOUSE BILL 648
AN ACT establishing a commission to develop a comprehensive flood management plan and requiring a no wake order on Silver Lake at a certain water level.
SPONSORS: Rep. Hinkle, Hills 19; Rep. Emerton, Hills 7; Rep. Manney, Hills 7; Rep. Mack, Hills 1
COMMITTEE: Resources, Recreation and Development
This bill:
I. Establishes a commission to develop a comprehensive flood management plan.
II. Requires the division of safety services to institute a no wake order on Silver Lake at a certain water level.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
27Mar2007… 0601h
05/17/07 1547s
07-0036
06/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT establishing a commission to develop a comprehensive flood management plan and requiring a no wake order on Silver Lake at a certain water level.
Be it Enacted by the Senate and House of Representatives in General Court convened:
179:1 Commission Established. There is established a commission to develop a flood management plan.
179:2 Membership and Compensation.
I. The members of the commission shall be as follows:
(a) Four members of the house of representatives, including one member of the fish and game committee, one member of the environment and agriculture committee, one member of the resources, recreation and development committee, and one member of the science, technology and energy committee, appointed by the speaker of the house of representatives.
(b) Two members of the senate, appointed by the president of the senate.
(c) One representative of the office of the governor, appointed by the governor.
(d) One member of the rivers management advisory committee, established in RSA 483:8, appointed by the committee.
(e) One member from the hydroelectric industry, appointed by the governor.
(f) One member of the New Hampshire Municipal Association, appointed by that organization.
(g) One member of the Nature Conservancy, appointed by that organization.
(h) One member of the Army Corps of Engineers, appointed by the Corps.
(i) The director of homeland security and emergency management of the department of safety, or designee.
(j) The commissioner of the department of environmental services, or designee.
(k) One member representing the New Hampshire water works association appointed by that organization or, if the association fails to appoint a member, a public water supplier appointed by the governor.
(l) The director of the governor’s office of energy and planning, or designee.
(m) One public member representing agricultural land owners, appointed by the governor.
(n) One shorefront property owner, appointed by the governor.
(o) One hydrologist, appointed by the commissioner of the department of environmental services.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
179:3 Duties. The commission shall:
I. Study possible measures for controlling floods to minimize their impact on communities and individual properties throughout the state. These measures shall include but not be limited to:
(a) Land treatment to reduce flood runoff.
(b) Flood hazard assessment.
(c) Management of flood waters by means of dams and reservoirs.
(d) Removal or preservation of dams as an element of flood management.
(e) Possible zoning and flood plain regulations.
(f) Cooperative efforts between private dam owners and New Hampshire emergency management in the event of serious flood threats.
(g) Flood forecasting practices.
II. The commission may also consider issues associated with flood control, including:
(a) Tax exemption for private dam owners to encourage dam maintenance and restoration.
(b) Expansion of hydroelectric power generation.
(c) Use of flood plain lands for agriculture.
(d) Wetland preservation.
(e) Affect of floods on storm sewers and waste treatment plants.
(f) Recreational use of water bodies used for flood control.
(g) Availability of grants for flood control and dam improvement and restoration.
(h) Recovery of moneys owed to the state for flood control dams.
(i) Proper management of public water resources.
(j) Other issues as the commission deems fit.
III. The commission shall be administratively attached to the department of administrative services.
179:4 Chairperson. 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.
179:5 Report. The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library in the form of a progress report on or before December 1, 2007 and a final flood control plan on or before June 1, 2008.
179:6 New Section; Restrictions on Boating; Silver Lake. Amend RSA 270 by inserting after section 131 the following new section:
270:132 Silver Lake. The division of safety services shall institute a no wake order encompassing all of Silver Lake whenever the department of environmental services gauging station on Silver Lake measures 467.0 feet or more above sea level. The order shall remain in effect until the measure falls below 467.0 feet.
179:7 Effective Date.
I. Section 6 of this act shall take effect January 1, 2008.
II. The remainder of this act shall take effect upon its passage.
Approved: June 18, 2007
Effective: I. Section 6 shall take effect January 1, 2008.
II. Remainder shall take effect June 18, 2007.