CHAPTER 329
HB 664-FN – FINAL VERSION
07Mar2007… 0185h
05/17/07 1545s
06/07/07 2078s
27Jun2007… 2370eba
2007 SESSION
06/01
HOUSE BILL 664-FN
AN ACT relative to annual dam registration and permit application fees and authorizing the city of Manchester to establish a stormwater utility.
SPONSORS: Rep. Brueggemann, Merr 12; Rep. Davis, Merr 7; Rep. Hamm, Merr 4; Rep. Parkhurst, Ches 4; Sen. Burling, Dist 5
COMMITTEE: Resources, Recreation and Development
AMENDED ANALYSIS
This bill:
I. Increases annual dam registration and filing fees to cover the cost of inspecting existing dams and permitting the construction or reconstruction of dams.
II. Authorizes the city of Manchester to establish a stormwater utility.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07Mar2007… 0185h
05/17/07 1545s
06/07/07 2078s
27Jun2007… 2370eba
07-0535
06/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to annual dam registration and permit application fees and authorizing the city of Manchester to establish a stormwater utility.
Be it Enacted by the Senate and House of Representatives in General Court convened:
329:1 Dam Registration Fees Increased. 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 shall be based on [the following dam] classification [shall be] as follows: Low hazard potential = [$100] $400; Significant hazard potential = [$300] $750; High hazard potential = [$600] $1,500. If the hazard classification designated by the Federal Energy Regulatory Commission for a dam differs from the classification designated by the department, the annual dam registration fees shall be based on the classification designated by the Federal Energy Regulatory Commission. 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.
329:2 Permit Fees for Non-Permitted Existing Dams Consolidated with Permit Fees for Construction and Reconstruction of a Dam. Amend RSA 482:5 to read as follows:
482:5 Non-permitted Existing Dams. [I.] Upon written notice from the department, the owner of a non-permitted existing dam shall submit an application for a permit for said dam to the department along with a fee based on the classification of the dam under RSA 482:9. The application shall provide such information as the department may require to determine whether or not the dam is a menace to the public safety. Following a review of the permit application, the department may issue a permit to the owner with necessary conditions for the repair or reconstruction of the dam which the department deems necessary for the public safety. Such repair work shall be undertaken within a time period fixed by the department.
[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) Low hazard potential dam--$100
(b) Significant hazard potential dam--$250
(c) High hazard potential dam--$500.
III. All funds collected under the provisions of this section shall be deposited into the general fund as unrestricted revenue.]
329:3 Dam Filing Fee Increased. Amend RSA 482:9, II to read as follows:
II. The filing of the statement required by paragraph I or an application required by RSA 482:5 shall be accompanied by a [filing] fee [of $250] for each statement or application filed. The fee shall be deposited in the dam maintenance fund established in RSA 482:55 to be used for the [inspection] permitting of dams. The fee shall be as follows:
(a) Non-hazard potential dam $2,000
(b) Low hazard potential dam $3,000
(c) Significant hazard potential dam $4,000
(d) High hazard potential dam $4,000
329:4 Stormwater Utility Authorized for City of Manchester.
I. In this section:
(a) “Stormwater” means stormwater runoff from precipitation, snow melt runoff, street wash waters related to street cleaning or maintenance, infiltration, and drainage.
(b) “Stormwater utility” means a special assessment district established to generate funding specifically for stormwater management.
II. The formation of a stormwater utility in the city of Manchester is hereby authorized upon approval by a 2/3 vote of the Manchester board of mayor and aldermen. The board of mayor and aldermen may adopt bylaws and ordinances under RSA 38:26 to regulate the rate structure of fees and to promote the objectives of the utility.
III. The stormwater utility shall address flood and erosion control, water quality management, ecological preservation, annual pollutant load contained in stormwater discharge, rate structures for fees, and other issues related to stormwater.
329:5 Repeal. RSA 482:9, IV, relative to dam filing fees, is repealed.
329:6 Effective Date. This act shall take effect July 1, 2007.
Approved: July 16, 2007
Effective: July 1, 2007