HB364 (2009) Detail

Relative to municipalities' authority to contract with the department of environmental services for dam maintenance.


2009 SESSION

09-0459

08/10

HOUSE BILL 364

AN ACT relative to municipalities’ authority to contract with the department of environmental services for dam maintenance.

SPONSORS: Rep. Bickford, Straf 3

COMMITTEE: Resources, Recreation and Development

ANALYSIS

This bill authorizes municipalities to contract with the department of environmental services for dam maintenance.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0459

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to municipalities’ authority to contract with the department of environmental services for dam maintenance.

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

1 New Section; Authorized to Contract with the Department of Environmental Services. Amend RSA 31 by inserting after section 103 the following new section:

31:103-a Authorized to Contract With the Department of Environmental Services. Any town may contract with the department of environmental services for the construction, operation, and maintenance of any dam located within the town’s boundaries. Such contract shall provide for payments to the department of environmental services covering all expenses incurred in connection with such contract. In return for such payments, the department of environmental services shall assume all obligations and liabilities resulting from such construction, operation, and maintenance. If the contract is terminated, such obligations and liabilities outstanding at the time of such termination shall be outstanding obligations and liabilities of the town. All contracts pursuant to this section shall become effective upon the approval of the governor and council.

2 New Section; Authorized to Contract with the Department of Environmental Services. Amend RSA 47 by inserting after section 12-a the following new section:

47:12-b Authorized to Contract With the Department of Environmental Services. Any city council may contract with the department of environmental services for the construction, operation, and maintenance of any dam located within the city’s boundaries. Such contract shall provide for payments to the department of environmental services covering all expenses incurred in connection with such contract. In return for such payments, the department of environmental services shall assume all obligations and liabilities resulting from such construction, operation, and maintenance. If the contract is terminated, such obligations and liabilities outstanding at the time of such termination shall be outstanding obligations and liabilities of the city. All contracts pursuant to this section shall become effective upon the approval of the governor and council.

3 Effective Date. This act shall take effect 60 days after its passage.