HB 665-FN- AS AMENDED BY THE HOUSE
27Mar2007… 0852h
2007 SESSION
06/03
HOUSE BILL 665-FN
AN ACT relative to the comprehensive shoreland protection act.
SPONSORS: Rep. Spang, Straf 7; Rep. Weed, Ches 3; Rep. Foose, Merr 1; Sen. Fuller Clark, Dist 24; Sen. DeVries, Dist 18
COMMITTEE: Resources, Recreation and Development
This bill modifies the applicability of the comprehensive shoreland protection act.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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… 0852h
07-0536
06/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to the comprehensive shoreland protection act.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Definitions. Amend RSA 483-B:4, XVI(c) to read as follows:
(c) Rivers, meaning all year-round flowing waters of fourth order or higher[, as shown on the now current version of the U.S. Geological Survey 7 1/2%2C topographic maps]. Stream order shall be determined using the New Hampshire hydrography dataset archived by the geographically referenced analysis and information transfer system (GRANIT) at the complex systems research center of the university of New Hampshire, and developed by GRANIT in collaboration with the department of environmental services. [Strahler method, whereby the highest year-round streams in a watershed are first order streams, their juncture yields second order streams, the juncture of second order streams yields third order streams, et seq.] A listing of the streams of fourth order and higher shall be prepared and [maintained] periodically updated by the [office of energy and planning] GRANIT at the complex systems research center of the university of New Hampshire and delivered to the commissioner 30 days after the effective date of this act.
2 Definitions. Amend RSA 483-B:4, XXVI to read as follows:
XXVI. “Water dependent structure” means a structure that [services and supports activities that require direct access to, or contact with the water, or both, as an operational necessity and that requires a permit under RSA 482-A, including but not limited to] is a dock, wharf, pier, breakwater, beach, boathouse, retaining wall, or launching ramp or other similar structure, or any part thereof, built over, on, or in the waters of the state.
3 Definitions. Amend RSA 483-B, XVI(c) to read as follows:
(c) Rivers, meaning all year-round flowing waters of [fourth] third order or higher. Stream order shall be determined using the New Hampshire hydrography dataset archived by the geographically referenced analysis and information transfer system (GRANIT) at the complex systems research center of the university of New Hampshire, and developed by GRANIT in collaboration with the department of environmental services. A listing of the streams of [fourth] third order and higher shall be prepared and periodically updated by the GRANIT at the complex systems research center of the university of New Hampshire and delivered to the commissioner 30 days after the effective date of this act.
4 Repeal. The following are repealed:
I. RSA 483-B:19, relative to relative to the applicability of the comprehensive shoreland protection act.
II. RSA 483-B:20, relative to the exemption of certain designated rivers.
5 Effective Date.
I. Section 3 of this act shall take effect January 1, 2009.
II. The remainder of this act shall take effect April 1, 2008.
LBAO
07-0536
01/30/07
HB 665-FN - FISCAL NOTE
AN ACT relative to the comprehensive shoreland protection act.
FISCAL IMPACT:
The Department of Environmental Services states this bill may increase state expenditures and revenue by an indeterminable amount in fiscal year 2008 and each year thereafter. There will be no fiscal impact on county and local revenues or expenditures.
METHODOLOGY:
The Department states this bill expands coverage of the rivers portion of the shoreline protection program from fourth to third order or higher rivers, an increase of approximately 282% in the number of rivers. Insufficient data is available relative to lakes and ponds to precisely determine the percent increase of the full jurisdiction of the program. However, the Department estimates the full jurisdiction area will double. It is anticipated that in response, the enforcement and review of variance and waiver applications burden will also double. There will be an indeterminable increase in the burden associated with education and outreach. The increased workload cannot be absorbed by existing staff. The Department states in order to comply with the provisions of this bill they would need to hire two additional staff. This bill does not establish or fund any new positions. The Department would need one Environmentalist II at labor grade 19, step 5 and one Environmentalist III at labor grade 23, step 5, both with benefits calculated at 48.3%. The Department also assumes additional costs for office space, travel, current expenses, and equipment. The costs of the two positions and related expenses are calculated as follows:
FY 2008 FY 2009 FY 2010 FY 2011
Environmentalist II
Salary $36,621 $36,621 $38,162 $38,162
Benefits 17,688 17,688 18,432 18,432
Environmentalist III
Salary 43,680 43,680 45,630 45,630
Benefits 21,097 21,097 22,039 22,039
Office Space 7,394 7,394 7,409 7,409
Travel 8,250 8,250 8,250 8,250
Current Expenses 3,750 3,750 4,000 4,000
Equipment 11,450 11,450 5,512 5,512
Total $149,930 $149,930 $149,434 $149,434
Without these positions the Department states the timeframes for resolution of enforcement actions, processing of variance and waiver applications, and requests for outreach will be extended indefinitely, resulting in project delays and slowed growth and development. The fiscal impact of these consequences can not be determined.