SB 139-FN – AS INTRODUCED
2009 SESSION
08/04
SENATE BILL 139-FN
AN ACT establishing a moratorium on the shoreland protection act and establishing a commission to study revision of the shoreland protection act.
SPONSORS: Sen. Gallus, Dist 1; Sen. Denley, Dist 3; Sen. Gatsas, Dist 16; Sen. Letourneau, Dist 19; Rep. Ingersoll, Coos 4; Rep. Sapareto, Rock 5
COMMITTEE: Energy, Environment and Economic Development
This bill establishes a moratorium on the shoreland protection act.
This bill also establishes a commission to study revision of the 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0916
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT establishing a moratorium on the shoreland protection act and establishing a commission to study revision of the shoreland protection act.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Moratorium Established. There is hereby established a moratorium on the administration and enforcement of the comprehensive shoreland protection act under RSA 483-B. All enforcement actions or permit applications in progress shall be stayed until the moratorium expires. The moratorium shall expire one year from the effective date of this act.
2 Commission Established. There is established a commission to study and revise the comprehensive shoreland protection act under RSA 483-B.
3 Membership and Compensation.
I. The members of the commission shall be as follows:
(a) Two public members from each executive council district who own and live on property that is impacted by RSA 483-B, appointed by the executive councilor for their district.
(b) Three public members who own and live on property that is impacted by RSA 483-B, appointed by the governor.
(c) The commissioner of the department of environmental services, or designee.
(d) The commissioner of the department of resources and economic development, or designee.
(e) The executive director of the fish and game department, or designee.
(f) A member from the New Hampshire Association of Realtors, appointed by that organization.
(g) A member from the Home Builders and Remodelers Association of New Hampshire, appointed by that organization.
(h) A member from the New Hampshire Farm Bureau, appointed by that organization.
(i) A member from the New Hampshire Timberland Owners Association, appointed by that organization.
(j) A member from the New Hampshire Lakes Association, appointed by that organization.
(k) A member of the New Hampshire Association of Conservation Commissions, appointed by that organization.
(l) A member of the New Hampshire Shoreland Coalition, appointed by that organizations.
(m) A member of the New Hampshire Rivers Council, appointed by that organization.
(n) A member of the New Hampshire Shoreline and Property Rights Guardians, appointed by that organization.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the committee.
5 Duties. The commission shall:
I. Study, revise, and make suggestions to simplify and improve RSA 483-B, the shoreland protection act.
II. Hold at least 3 public hearings concerning RSA 483-B in different locations in the state.
III. Make recommendations for revisions to RSA 483-B to the general court and to the governor.
5 Chairperson; Quorum. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the commissioner of the department of environmental services. The first meeting of the commission shall be held within 45 days of the effective date of this section. Six members of the commission shall constitute a quorum.
6 Report. The commission shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2009.
7 Effective Date. This act shall take effect upon its passage.
LBAO
09-0916
Revised 03/04/09
SB 139 FISCAL NOTE
AN ACT establishing a moratorium on the shoreland protection act and establishing a commission to study revision of the shoreland protection act.
FISCAL IMPACT:
The Department of Environmental Services states this bill will have an indeterminable fiscal impact on state restricted revenues and state expenditures in FY 2009 and each year thereafter. There will be no fiscal impact on county and local revenue and expenditures.
METHODOLOGY:
The Department of Environmental Services states this bill would establish a moratorium on the shoreland protection act and establishes a commission to study revising the shoreland protection act. The Department states this bill does not clearly articulate whether all the protections given to the jurisdictional shorelands would be removed or leave those standards in place and only stop the application and enforcement actions of the Department. If the application and enforcement activities are stopped, no fees would be collected. If it is the intention to have the Department continue education efforts and respond to public concerns, the Department would need to request a general fund appropriation of $356,180 to maintain four positions the Department estimates would be needed for this purpose. Additionally, the Department would not have the revenue to repay the $315,491 general fund appropriation contained in Chapter 269, Laws of 2007.