Bill Text - HB102 (2009)

(3rd New Title) relative to the rivers management and protection program, establishing the volunteer river assessment program, and naming the bridge at the intersection of NH route 12A and NH route 123 in Alstead the Alstead Veterans Memorial Bridge.


Revision: July 2, 2009, midnight

HB 102 – VERSION ADOPTED BY BOTH BODIES

12Feb2009… 0037h

06/03/09 1983s

06/03/09 2014s

24Jun2009… 2249cofc

24Jun2009… 2366eba

2009 SESSION

09-0340

06/10

HOUSE BILL 102

AN ACT relative to the rivers management and protection program, establishing the volunteer river assessment program, and naming the bridge at the intersection of N.H. Route 12A and N.H. Route 123 in Alstead the Alstead Veterans Memorial Bridge.

SPONSORS: Rep. Kappler, Rock 2

COMMITTEE: Resources, Recreation and Development

AMENDED ANALYSIS

This bill:

I. Clarifies certain provisions of the rivers management and protection program, the membership on advisory committees, and the funding of programs.

II. Establishes the New Hampshire volunteer river assessment program.

III. Extends certain reporting dates for the instream flow plot program.

IV. Names the bridge at the intersection of N.H. Route 12A and N.H. Route 123 in Alstead the Alstead Veterans Memorial Bridge.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12Feb2009… 0037h

06/03/09 1983s

06/03/09 2014s

24Jun2009… 2249cofc

24Jun2009… 2366eba

09-0340

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to the rivers management and protection program, establishing the volunteer river assessment program, and naming the bridge at the intersection of N.H. Route 12A and N.H. Route 123 in Alstead the Alstead Veterans Memorial Bridge.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Excavating and Dredging Permit; Certain Exemptions; Designated River Local River Management Advisory Committee Notification. RSA 482-A:3, I(d) is repealed and reenacted to read as follows:

(d) At the time the permit application is submitted to the city or town clerk, the applicant

(1) Provide postal receipts or copies, verifying that abutters, as defined in the rules of the department, and except as further provided in said rules, have been notified by certified mail. A postal receipt or copy that verifies submittal of the permit application to the local river management advisory committee, if required under subparagraph (2), shall also be provided. The postal receipts or copies shall be retained by the municipality. The town or city clerk shall immediately sign the application and forward, by certified mail, the application, plan, map, and filing fee to the department. The town or city clerk shall then immediately send a copy of the permit application, plan, and map to the local governing body, the municipal planning board, if any, and the municipal conservation commission, if any, and may require an administrative fee not to exceed $10 plus the cost of postage by certified mail. One copy shall remain with the city or town clerk, and shall be made reasonably accessible to the public. The foregoing procedure notwithstanding, applications and fees for projects by agencies of the state may be filed directly with the department, with 4 copies of the application, plan, and map filed at the same time with the town or city clerk to be distributed as set forth above.

(2) Submit a copy of the permit application to the local river management advisory committee if the project is within a river corridor as defined in RSA 483:4, XVIII, or a river segment designated in RSA 483:15. The local river management advisory committee shall, under RSA 483:8-a, III(a)-(b), advise the commissioner and consider and comment on the permit application.

2 2010 Version; Excavating and Dredging Permit; Certain Exemptions; Designated River Local River Management Advisory Committee Notification. RSA 482-A:3, I(d) is repealed and reenacted to read as follows:

(d) At the time the permit application is submitted to the city or town clerk, the applicant shall:

(1) Provide postal receipts or copies, verifying that abutters, as defined in the rules of the department, and except as further provided in said rules, have been notified by certified mail. A postal receipt or copy that verifies submittal of the permit application to the local river management advisory committee, if required under subparagraph (2), shall also be provided. The postal receipts or copies shall be retained by the municipality. The town or city clerk shall immediately sign the application and forward, by certified mail, the application, plan, map, and filing fee to the department. The town or city clerk shall then immediately send a copy of the permit application, plan, and map to the local governing body, the municipal planning board, if any, and the municipal conservation commission, if any, and may require an administrative fee not to exceed $10 plus the cost of postage by certified mail. One copy shall remain with the city or town clerk, and shall be made reasonably accessible to the public. The foregoing procedure notwithstanding, applications and fees for projects by agencies of the state may be filed directly with the department, with 4 copies of the application, plan, and map filed at the same time with the town or city clerk to be distributed as set forth above.

(2) Submit a copy of the permit application to the local river management advisory committee if the project is within a river corridor as defined in RSA 483:4, XVIII, or a river segment designated in RSA 483:15. The local river management advisory committee shall, under RSA 483:8-a, III(a)-(b), advise the commissioner and consider and comment on the permit application.

3 Rivers Management and Protection Program; Statement of Policy. Amend RSA 483:1 to read as follows:

483:1 Statement of Policy. New Hampshire’s rivers and streams comprise one of its most important natural resources, historically vital to New Hampshire’s commerce, industry, and tourism, and the quality of life of New Hampshire people. It is the policy of the state to ensure the continued viability of New Hampshire rivers as valued ecologic, economic, public health and safety, and social assets for the benefit of present and future generations. The state shall encourage and assist in the development of river corridor management plans and regulate the quantity and quality of instream flow along certain protected rivers or segments of rivers to conserve and protect outstanding characteristics including recreational, fisheries, wildlife, environmental, hydropower, cultural, historical, archaeological, scientific, ecological, aesthetic, community significance, agricultural, and public water supply so that these valued characteristics shall endure as part of the river uses to be enjoyed by New Hampshire people. If conflicts arise in the attempt to protect all valued characteristics within a river or stream, priority shall be given to those characteristics that are necessary to meet state water quality standards.

4 New Paragraph; Definitions. Amend RSA 483:4 by inserting after paragraph XVI the following new paragraph:

XVI-a. “Restore” means to return an ecosystem to a close approximation of its natural condition.

5 Definitions. Amend RSA 483:4, XVII to read as follows:

XVII. “River” means a flowing body of water including the tidal mouth of rivers whose salinity, flow, or level is influenced by the tides, or a segment or tributary of such water body.

6 Nomination; Criteria. Amend RSA 483:6, I to read as follows:

I. Any New Hampshire organization or resident may nominate a river or any segment or segments of such river for protection by submitting to the commissioner a description of the river or segment or segments of such river and its values and characteristics. The completed nomination shall be submitted to the rivers coordinator on or before June 1 in order for it to be considered in the next legislative session. This nomination shall include, but not be limited to, an assessment of fisheries; geologic and hydrologic features; vegetation; wildlife; historical and archaeological features; open space and recreation features and potential; water quality and quantity; dams, hydropower generation, buildings, and other manmade structures; riparian interests and public water supply, including flowage rights known by the nominating individual or group, and other pertinent instream and riverbank and tributary drainage area information. The nominating party shall hold at least one public meeting on the information prior to final submittal to the commissioner. The department shall encourage the nominating party to include tributary drainage area information in the nomination. The nominating party shall advertise the meeting in cooperation with the rivers coordinator and shall give written notice to the governing body of any municipality where segments of the river are located. The rivers coordinator shall provide assistance to the nominating party in the presentation of the nomination at the public meeting.

7 Rivers Management Advisory Committee; Establishment. Amend the introductory paragraph of RSA 483:8 to read as follows:

483:8 Rivers Management Advisory Committee; Establishment. There is established a rivers management advisory committee appointed by the governor and council. [At least 3 committee members shall represent the North Country and] All members shall be New Hampshire residents and the department shall request that nominating organizations select nominees representing diverse geographic areas of the state.

8 Rivers Management Advisory Committee; Establishment. Amend RSA 483:8, II-VI to read as follows:

II. The director of the office of energy and planning, the executive director of the fish and game department, the commissioner of resources and economic development, the commissioner of the department of transportation, the commissioner of the department of safety, and the commissioner of the department of agriculture, markets, and food or their designees shall serve as nonvoting members of the committee.

III. The terms of state agency members shall be the same as their terms in office. The members shall serve 3-year terms[, except that the terms of the initial members appointed under subparagraphs I(a), (d), and (g) shall be one year, and those appointed under subparagraphs I(b), (e), and (h) shall be 2 years].

IV. Any vacancy shall be filled in the same manner as the original appointment for the remainder of the unexpired term. Members may hold office until their successors are appointed and confirmed.

V. [The commissioner shall convene the first meeting no later than September 15, 1988.] The committee shall elect a chairman and vice chairman. [Subsequent] Meetings shall be at the call of the [chair] chairman, or at the request of 5 or more committee members. The rivers coordinator underRSA 483:3 shall serve as secretary and staff to the committee.

[V.] VI. The advisory committee shall report biennially and advise the commissioner [and], rivers coordinator, state agencies, and the general court in implementing the purposes of this chapter.

[VI.] VII. No state-owned property adjacent to or providing access to a river or river segment shall be recommended for disposal by the council on resources and development or the long range capital planning and utilization committee, whichever is the first point of review, except upon the review and recommendation of the advisory committee established under this section.

VIII. When attending to the duties of the committee, appointed members of the committee shall be eligible to receive mileage at the state employee rate, within the limits of the department’s appropriations.

9 Local River Management Advisory committees; Establishment; Duties. Amend RSA 483:8-a, II and III to read as follows:

II. Each committee shall be composed of at least 7 members who represent a broad range of interests in the vicinity of the designated river or segment. These interests shall include, but not be limited to, local government, business, conservation interests, recreation, agriculture, and riparian landowners. If an interest is not represented by the local governing bodies’ nominations, the commissioner may appoint a member from the vicinity of the designated river or segment, to the local river management advisory committee who will represent that interest. County commissioners shall be permitted to nominate members to the local river management advisory committee in unincorporated towns or unorganized places. Upon the request of the committee, local governing bodies or county commissioners within tributary drainage areas may submit nominees for appointment. Each member shall serve a term of 3 years.

III. The duties of such committees shall be:

(a) To advise the commissioner, the advisory committee, [and] the municipalities through which the designated river or segment flows, and municipalities within tributary drainage areas on matters pertaining to the management of the river or segment and tributary drainage areas. Municipal officials, boards, and agencies shall inform such committees of actions which they are considering in managing and regulating activities within designated river corridors.

(b) To consider and comment on any federal, state, or local governmental plans to approve, license, fund or construct facilities that would alter the resource values and characteristics for which the river or segment is designated.

(c) To develop or assist in the development and adoption of local river corridor management plans under RSA 483:10. The local planning board, or, in the absence of a planning board, the local governing body, may adopt such plans pursuant to RSA 675:6 as an adjunct to the local master plan adopted under RSA 674:4. No such plan shall have any regulatory effect unless implemented through properly adopted ordinances.

(d) To report [annually] biennially to the advisory committee and the commissioner, and annually to municipalities on the status of compliance with federal and state laws and regulations, local ordinances, and plans relevant to the designated river or segment [and], its corridor, and tributary drainage areas.

III-a. Local river management advisory committees may apply for and accept, from any source, gifts, grants, and other donations of money or services that directly assist the committee in meeting its duties, programs, and projects. The committees may, without further authorization, expend any funds so received to carry out their duties under this section.

10 Natural Rivers Protection. Amend RSA 483:9, III to read as follows:

III. No channel alteration activities shall be permitted[, except that]. The commissioner may approve [temporary] channel alterations [in conjunction with the repair or maintenance of a bridge, road, or riprap which is in place at the time a river or segment is designated.] as follows:

(a) Temporary channel alterations in conjunction with the repair or maintenance of a bridge, road, or riprap which is in place at the time a river or segment is designated; or

(b) Permanent alterations that restore the channel’s geomorphic characteristics to its more natural condition.

11 Rivers Corridor Management Plans. Amend RSA 483:10, I to read as follows:

I. The rivers coordinator, with the cooperation and assistance of the office of energy and planning, shall develop detailed guidelines for river corridor management plans[, including but not limited to model shoreline protection ordinances. The rivers coordinator shall hold a public hearing regarding the proposed guidelines and model ordinances]. The rivers coordinator shall provide technical assistance to regional planning commissions, municipalities, and [river corridor commissions] local river management advisory committees and shall encourage the development and implementation of river corridor management plans.

12 New Paragraph; Rivers Corridor Management Plans. Amend RSA 483:10 by inserting after paragraph III the following new paragraph:

IV. State agencies shall collaborate with and assist the rivers coordinator and the local river management advisory committee in the development and implementation of river corridor management plans.

13 State Action; Notification of Rivers Coordinator; Petition for Review. Amend RSA 483:12-a, I to read as follows:

I. Any state agency considering any action affecting any river or segment designated under this chapter shall notify the rivers coordinator prior to taking any such action. Such agency shall forward to the rivers coordinator for review and comment copies of all notices of public hearings, or, where a public hearing is not required, a copy of the application for issuance of a permit, certificate, or license within the designated river or corridor under RSA 485-C, RSA 485-A, RSA 483-B, RSA 12-E, RSA 270:12, RSA 482, RSA 482-A, RSA 149-M, RSA 430, or RSA 147-A. If an agency is notified by the rivers coordinator that a proposed activity would violate a protection measure under RSA 483:9, 483:9-a, 483:9-aa, or 483:9-b, such agency shall deny the application.

14 Rivers Management and Protection Fund Established. Amend RSA 483:13 to read as follows:

483:13 Acceptance and Expenditure of Funds.

I. The commissioner may apply for and accept, from any source, gifts; donations of money; grants; federal, local, private, and other matching funds and incentives; and interests in land for the purposes of this chapter. The moneys collected under this paragraph shall be deposited in the fund established under paragraph II.

II. [The rivers coordinator, with the approval of the commissioner and the advisory committee, may expend any funds received under paragraph I for the purposes of this chapter, and such funds are hereby appropriated.] There is hereby established in the office of the state treasurer a fund to be known as the rivers management and protection fund. The fund shall be nonlapsing and continually appropriated to the commissioner for the purposes of this chapter and RSA 487:38 through RSA 487:42.

III. [Local river management advisory committees may apply for and accept, from any source, gifts, grants, and donations of money. The committees may, without further authorization, expend any funds so received to carry out their duties pursuant to RSA 483:8-a.] The commissioner may expend any funds deposited in the rivers management and protection fund for the purposes of this chapter and RSA 487:38 through RSA 487:42, and such funds are hereby continually appropriated.

IV. The commissioner shall submit a biennial report by October 1 to the speaker of the house of representatives, the senate president, the chairperson of the house resources, recreation and development committee, the chairperson of the senate energy, environment, and economic development committee, and the state library summarizing all receipts and disbursements of the rivers management and protection fund, including a description of all projects or activities 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.

15 Disposition of State Property. Amend RSA 483:14 to read as follows:

483:14 Disposition of State Property.

I. No state-owned property adjacent to or providing access to a river shall be disposed of by the state except upon the review and recommendation of the advisory committee.

II. No state-owned property included in a long-range river management plan shall be disposed of by the state except upon the review and recommendation of the advisory committee.

16 New Subparagraph; State Treasurer; Application of Receipts. Amend RSA 6:12, I(b) by inserting after subparagraph (276) the following new subparagraph:

(277) Moneys deposited in the rivers management and protection fund established in RSA 483:13.

17 Rulemaking. Amend RSA 483:11, I and II to read as follows:

I. Content and submission of nominations, including requirements and criteria for river segments whose salinity, flow, or level is influenced by tides at its tidal mouth, under RSA 483:6, I.

I-a. Determination of the downstream extent for river segments whose salinity, flow, or level is influenced by tides at their tidal mouths.

II. Criteria for acceptance of nominations by the commissioner, including criteria listed in RSA 483:6, IV(a).

18 New Subdivision; New Hampshire Volunteer River Assessment Program. Amend RSA 487 by inserting after section 37 the following new subdivision:

New Hampshire Volunteer River Assessment Program

487:38 Volunteer River Assessment Program Established. There is established within the department of environmental services the New Hampshire volunteer river assessment program to provide:

I. Water quality and related environmental data to the state and federal governments to define water quality trends;

II. Data for river protection, management, and restoration programs;

III. Information to classify New Hampshire waters; and

IV. Data for surface water assessment reports.

487:39 Purpose. The general court finds that landscape changes and recreational and other uses of rivers and their watersheds have placed increasing stress upon the state’s rivers, posing a threat to water quality and the continued support of designated uses. The general court recognizes the need for adequate data to identify the status of and trends in water quality as a basis for action, to restore, preserve, and maintain the state’s rivers so that these significant environmental, recreational, and economic assets will continue to benefit the social and economic well-being of the state’s citizens and support healthy ecosystems.

487:40 Duties of the Department. To the extent that funds are available, the department shall:

I. Assist volunteer organizations in monitoring the water quality of rivers and streams;

II. Provide technical assistance to local river management advisory committees, watershed organizations, municipalities, educational facilities, and the general public for the purpose of monitoring river water quality;

III. Educate citizens about the need for and the methods of sampling river and stream waters and the importance of keeping the state’s waters clean;

IV. Provide the water quality data obtained by volunteers to other state programs that administer water quality programs; the federal government, including the Environmental Protection Agency; and municipalities;

V. Provide volunteer monitoring organizations with an annual monitoring report that includes historical data, trends, and recommendations to keep a river or stream within the water quality standards; and

VI. Lend sampling equipment to volunteer monitoring organizations as needed.

487:41 Volunteer River Assessment Program Coordinator. There is established in the department of environmental services a state volunteer river assessment program coordinator who shall be a classified employee qualified by reason of education and experience and who shall administer the New Hampshire volunteer river assessment program.

487:42 Acceptance and Expenditure of Funds. The commissioner may apply for and accept gifts, donations of money, federal, municipal, or private grants, or other funds or incentives from any source. The funds accepted under this section shall be paid into the rivers management and protection fund established under RSA 483:13. The commissioner may expend such funds for the purposes of this subdivision.

19 Instream Flow Pilot Program; Reporting Date Extended. Amend 2002, 278:2, III as amended by 2003, 319:48 and 2008, 5:2 to read as follows:

III. The commissioner of the department of environmental services shall initiate and adopt rules pursuant to RSA 541-A for other rivers designated under RSA 483:15 only after the adoption and implementation of the rules relative to protected instream flows pursuant to RSA 483:9-c for the Lamprey and Souhegan rivers and completion of the [report] hearings and reports required under section 3, [III(d)] III(b) and (c) of this act, but not before December 1, [2010] 2012.

20 Instream Flow Pilot Program; Reporting Date Extended. 2002, 278:3, III as amended by 2003, 319:49, and 2008, 5:3 is repealed and reenacted to read as follows:

III. The commissioner of the department of environmental services shall:

(a) By September 1, 2010, adopt and implement the protected instream flows and water management plans relative to the Lamprey River and the Souhegan River.

(b) Two years after the adoption and implementation of the protected instream flow levels and water management plans for the Lamprey River and the Souhegan River, issue a report that includes observed and projected impacts of the protected instream flows and water management plans on water users, wildlife, recreation, and other interests along the rivers, and any recommendations for proposed legislation. Within 60 days of the issuance of such report, the department shall hold a public hearing jointly with the senate energy, environment and economic development committee and the house resources, recreation and development committee and provide a public comment period of 30 days. The department shall consider the public comments received when formulating any revisions to the protected instream flow levels and water management plans for the Lamprey River and the Souhegan River.

(c) By December 1, 2012, submit a final report that details the activities and results of the pilot program, including the impacts of the protected instream flows and water management plans on water users, wildlife, recreation, and other interests along the rivers, a plan for implementing protected instream flows and water management plans for other rivers designated under RSA 483:15, and any recommendations for proposed legislation. The report shall also include a summary of public comments received, the completed instream flow studies, and the adopted protected instream flow levels and water management plans and shall be submitted to the senate energy, environment and economic development committee, the house resources, recreation and development committee, the senate president, the speaker of the house of representatives, the governor, the committee to study the impact of water withdrawals on instream flows established under 2000, 242:1, and the state library.

(d) Meet the requirements of subparagraphs (a)–(b) independently for the Lamprey River and the Souhegan River through separate reports, hearings, and regulatory adoption and implementation.

21 Committee to Study the Impact of Water Withdrawals on Instream Flows; Report Date Extended. Amend 2000, 242:5 as amended by 2001, 138:6, 2002, 278:6, 2003, 319:50, and 2008, 5:4 to read as follows:

242:5 Report. The committee shall report its findings and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before [December 1, 2010] December 15, 2012.

22 The Alstead Veterans Memorial Bridge. Pursuant to RSA 4:43, the bridge at the intersection of N.H. Route 12A and N.H. Route 123 in Alstead, department of transportation number 060159, which spans the Cold River, is hereby named the Alstead Veterans Memorial Bridge. Appropriate signage and markers may be placed at the bridge.

23 Signage. The cost of design, construction, maintenance, and installation of any signage, replacement signage, or other markers authorized under section 22 of this act shall not be a charge to the state. However, the design, construction, and installation of any signage or other markers authorized under section 22 of this act shall be approved by the department of transportation.

24 Effective Date.

I. Section 2 of this act shall take effect July 1, 2010, at 12:01 a.m.

II. The remainder of this act shall take effect upon its passage.

None