HB 879-FN – AS INTRODUCED
2007 SESSION
06/04
HOUSE BILL 879-FN
AN ACT relative to establishing a conservation agent program within the department of environmental services.
SPONSORS: Rep. Fargo, Straf 4; Rep. L. Brown, Straf 3; Rep. Borden, Rock 18; Rep. Spang, Straf 7; Rep. Tupper, Merr 6; Sen. Estabrook, Dist 21
COMMITTEE: Environment and Agriculture
This bill establishes a requirement for the routine inspection of development sites to verify compliance with environmental protection conditions specified in permits issued by the department of environmental services and waivers issued under 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0469
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to establishing a conservation agent program within the department of environmental services.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Definitions. Amend RSA 485-A:2 by inserting after paragraph XXIII the following new paragraph:
XXIV. “Qualified natural resource professional” shall include:
(a) Persons licensed or certified in any state in a recognized natural resource profession including but not limited to:
(1) Professional engineer.
(2) Professional geologist.
(3) Certified wetlands scientist.
(4) Certified soil scientist.
(b) Persons certified in the certified professional in erosion and sediment control program or the certified professional in storm water quality program.
2 New Paragraph; Permit Compliance Inspection Report. Amend RSA 485-A:17 by inserting after paragraph II the following new paragraph:
II-a. The department shall require holders of permits to file a permit compliance inspection report with the department, the municipal code enforcement officer or building inspector, the municipal planning board, and the municipal conservation commission, if any, prior to the issuance of an occupancy permit under RSA 676:13, I. The permit compliance inspection report shall be based on routine inspections by a qualified natural resource professional retained by the permit holder. The department may require interim permit compliance inspection reports based on the complexity of the operation and weather-related events. The qualified natural resource professional shall notify the department of any suspected permit violations or deficiencies within 48 hours of discovery, if such suspected violations or deficiencies are not corrected by the permit holder within that time.
3 New Section; Permit Compliance Inspection Report; Contents. Amend RSA 485-A by inserting after section 17 the following new section:
485-A:17-a Contents of Permit Compliance Inspection Report. The contents of the permit compliance inspection report shall be determined by the department in rules adopted pursuant to RSA 541-A, and shall include, but shall not limited be to:
I. The name of the division issuing the permit and the permit number.
II. Site location description including municipal tax map and parcel identification.
III. A copy of the permit conditions.
IV. Frequency of inspections including provisions for weather-related events.
V. Status of on-site activities relative to permit conditions.
VI. Effectiveness of sediment erosion and runoff control best management practices.
VII. Completion date, including removal of best management practices.
4 New Paragraph; Definitions. Amend RSA 482-A:2 by inserting after paragraph VI the following new paragraph:
VI-a. “Qualified natural resource professional” shall include:
(a) Persons licensed or certified in any state in a recognized natural resource profession including but not limited to:
(1) Professional engineer.
(2) Professional geologist.
(3) Certified wetlands scientist.
(4) Certified soil scientist.
(b) Persons certified in the certified professional in erosion and sediment control program or the certified professional in storm water quality program.
5 New Sections; Permit Compliance Inspection Report; Contents. Amend RSA 482-A by inserting after section 3 the following new sections:
482-A:3-a Permit Compliance Inspection Report. The department shall require holders of permits issued under RSA 482-A:3 to file a permit compliance inspection report with the department, the municipal planning board, and the municipal conservation commission, if any, prior to issuance of an occupancy permit under RSA 676:13, I. The permit compliance inspection report shall be based on routine inspections performed by a qualified natural resource professional and retained by the permit holder. The department may require interim permit compliance inspection reports based on the complexity of the operation and weather-related events. The qualified natural resource professional shall notify the department of any suspected permit violations or deficiencies within 48 hours of discovery, if such suspected violations or deficiencies are not corrected by the permit holder within that time.
482-A:3-b Contents of Report. The contents of the permit compliance inspection report shall be determined by the department under its rulemaking authority and shall include, but shall not be limited to:
I. The name of the division of the department issuing the permit and the permit number.
II. Site location description including municipal tax map and parcel identification.
III. A copy of the permit conditions.
IV. Frequency of inspections including provisions for weather-related events.
V. Status of on-site activities relative to permit conditions.
VI. Effectiveness of sediment erosion and runoff control best management practices.
VII. Completion date, including removal of best management practices.
6 New Paragraph; Definitions. Amend RSA 483-B:4 by inserting after paragraph XVI the following new paragraph:
XVI-a. “Qualified natural resource professional” shall include:
(a) Persons licensed or certified in any state in a recognized natural resource profession including but not limited to:
(1) Professional engineer.
(2) Professional geologist.
(3) Certified wetlands scientist.
(4) Certified soil scientist.
(b) Persons certified in the nationally recognized erosion and sediment control or storm water quality programs.
7 New Sections; Permit Compliance Inspection Report; Contents. Amend RSA 483-B by inserting after section 6 the following new sections:
483-B:6-a Permit Compliance Inspection Report. The department shall require holders of permits issued under RSA 483-B:6 to file a permit compliance inspection report with the department, the municipal code enforcement officer or building inspector, the municipal planning board, and the municipal conservation commission, if any, prior to issuance of an occupancy permit issued under RSA 676:13, I. The permit compliance inspection report shall be based on routine inspections performed by a qualified natural resource professional and retained by the permit holder. The department may require interim permit compliance inspection reports based on the complexity of the operation and weather-related events. The qualified natural resource professional shall notify the department of any suspected permit violations or deficiencies within 48 hours of discovery, if such suspected violations or deficiencies are not corrected by the permit holder within that time.
483-B:6-b Contents of Report. The contents of the permit compliance inspection report shall be determined by the department in rules adopted pursuant to RSA 541-A, and shall include, but shall not limited be to:
I. The name of the division of the department issuing the permit and the permit number.
II. Site location description including municipal tax map and parcel identification.
III. A copy of the permit conditions.
IV. Frequency of inspections including provisions for weather-related events.
V. Status of on-site activities relative to permit conditions.
VI. Effectiveness of sediment erosion and runoff control best management practices.
VII. Completion date, including removal of best management practices.
8 Building Permits Restricted. Amend RSA 676:13, I to read as follows:
I. The building inspector shall not issue any building or occupancy permit for any proposed construction, remodeling, or maintenance which will not comply with any or all zoning ordinances, building codes, or planning board regulations which are in effect. The building inspector may, at his or her discretion, withhold the occupancy permit until the permit holder submits a permit compliance inspection report in accordance with the conditions of permits issued by the state of New Hampshire or the municipality.
9 Effective Date. This act shall take effect 60 days after its passage.
LBAO
07-0469 Revised 02/02/07
HB 879 FISCAL NOTE
AN ACT relative to establishing a conservation agent program within the department of environmental services.
FISCAL IMPACT:
The Department of Environmental Services and New Hampshire Municipal Association state this bill may increase state, county, and local expenditures by an indeterminable amount in FY 2008 and each year thereafter. This bill will have no fiscal impact on state, county, and local revenue.
METHODOLOGY:
The Department of Environmental Services states this bill would require extensive investment of Department resources. The Department states they would need one additional Environmentalist IV (LG 27) position in order to provide training, education, certification, and outreach necessary to make this program understandable, effective, and consistent with state and local permitting and compliance regulations. This program will also increase violations that are reported to the Department, which would require four Environmentalist III (LG 23) positions to handle the additional caseload. In addition, the Department would require one Secretary II (LG 9) position to provide additional secretarial support. Although this bill does not establish positions or contain an appropriation, the Department estimates the fiscal impact as follows assuming annual steps, and benefits at 48.3% of salary:
FY 2008 FY 2009 FY 2010 FY 2011
Salaries $210,893 $220,155 $230,022 $240,299
Benefits $101,861 $106,335 $111,101 $116,064
Rent $22,134 $22,200 $22,266 $22,332
OIT Expenses $15,024 $16,872 $18,708 $20,544
Travel $20,000 $21,000 $22,000 $23,000
Current Expenses $18,750 $19,750 $20,750 $21,750
Equipment $20,000 $2,000 $2,000 $2,000
Total $408,662 $408,312 $426,847 $445,989
The Department believes this bill will also have a fiscal impact on other state agencies, counties, and municipalities. Every permit the Department issues to these entities would require them to hire a qualified professional to perform the inspections, prepare the reports, and take corrective actions. The total fiscal impact is difficult to determine as it will depend upon the number of projects permitted in any given year, the number of inspections conducted by a qualified professional, the extent of the violations discovered during the inspections, and the amount of effort involved in correcting the violations. The exact fiscal impact cannot be determined at this time.
The New Hampshire Municipal Association states this bill would require holders of certain environmental permits to file permit compliance inspection reports with the Department of Environmental Services prior to the issuance of a local occupancy permit. The report would have to be based on routine inspections by a qualified natural resource professional. To the extent these requirements would apply to municipalities, they may result in additional municipal expenditures for the employment of qualified professionals to prepare reports. The Association is unable to determine how often this would occur or the cost of such inspections, and therefore cannot determine the exact fiscal impact at this time.