CHAPTER 303
SB 65-FN – FINAL VERSION
03/11/09 0642s
06May2009… 1337h
03Jun2009… 1920h
06/24/09 2219CofC
06/24/09 2357eba
2009 SESSION
06/03
SENATE BILL 65-FN
AN ACT relative to the acceptance of in lieu payments for the restoration or creation of wetlands and establishing a committee to study the administrative fee percentage for such in lieu payments.
SPONSORS: Sen. Janeway, Dist 7; Rep. Kappler, Rock 2; Rep. Gottling, Sull 3
COMMITTEE: Energy, Environment and Economic Development
This bill:
I. Permits the department of environmental services to accept in lieu payments for the restoration or creation of wetlands and the preservation of upland areas adjacent to wetlands, streams, rivers, and their riparian habitats.
II. Establishes a committee to study the administrative fee percentage for such in lieu payments.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/11/09 0642s
06May2009… 1337h
03Jun2009… 1920h
06/24/09 2219CofC
06/24/09 2357eba
09-0743
06/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to the acceptance of in lieu payments for the restoration or creation of wetlands and establishing a committee to study the administrative fee percentage for such in lieu payments.
Be it Enacted by the Senate and House of Representatives in General Court convened:
303:1 Aquatic Resource Compensatory Mitigation. Amend RSA 482-A:28 to read as follows:
482-A:28 Aquatic Resource Compensatory Mitigation. In lieu of other forms of compensatory mitigation, the department may accept payment for an unavoidable loss of aquatic resource functions and values from [a proposed activity which at a minimum:
I. Impacts less than one acre of wetlands and meets the criteria for a United States Army Corps of Engineers state programmatic general permit.
II. Exceeds one acre of impact for a public roadway or a public utility project and meets the criteria for a United States Army Corps of Engineers state programmatic general permit] impacts to resources protected under this chapter.
303:2 Fund Established. Amend RSA 482-A:29, I to read as follows:
I. There is hereby established the aquatic resource compensatory mitigation fund into which payments made under this subdivision shall be deposited. The fund shall be a separate, nonlapsing fund continually appropriated to the department to be used only as specified in this subdivision for costs related to wetlands creation or restoration, stream and river restoration, stream and river enhancement, preservation of upland areas adjacent to wetlands and riparian areas, and the subsequent monitoring and maintenance of such areas.
303:3 New Section; Payment for Stream or Shoreline Losses. Amend RSA 482-A by inserting after section 30 the following new section:
482-A:30-a Payment for Stream or Shoreline Losses. For stream or shoreline resource losses, the in lieu payment shall be the sum of:
I. The cost that would have been incurred if a stream of the same type was restored at the ratios adopted by the department, based on a price of $200 per linear foot of channel or bank impacts or both, to be adjusted at the beginning of the calendar year according to the annual simple rate of interest on judgments established by RSA 336:1; and
II. An administrative assessment equal to 5 percent of the amount in paragraph I.
303:4 Rulemaking. Amend RSA 482-A:31, II to read as follows:
II. The method of calculating the amount of in lieu payments under RSA 482-A:30 and RSA 482-A:30-a which shall approximate the total cost of wetlands construction, stream and river construction, or such other mitigation actions as would have been required by the department and incurred by the applicant in the absence of making such payments. An administrative assessment of 5 percent of the total cost shall be added as part of the calculation method.
303:5 Aquatic Resource Compensatory Mitigation Fund. Amend RSA 482-A:29, II to read as follows:
II. The fund may [not] be used to [pay state personnel costs except, upon approval of the fiscal committee,] supplement the administrative assessments collected under RSA 482-A:30, III and RSA 482-A:30-a, II to support up to [one] 2 full-time [position] positions for administration of the fund and related projects. [Only money from the 5 percent administrative assessment collected under RSA 482-A:30, III shall be used for this purpose.]
303:6 Aquatic Resource Compensatory Mitigation Fund. RSA 482-A:29, II is repealed and reenacted to read as follows:
II. The fund may not be used to pay state personnel costs except, upon approval of the fiscal committee, to support up to one full-time position for administration of the fund and related projects. Only money from the 5 percent administrative assessment collected under RSA 482-A:30, III and RSA 482-A:30-a, II shall be used for this purpose.
303:7 Committee Established. There is established a committee to study the administrative fee percentage under RSA 482-A:30, III, RSA 482-A:30-a, II, and RSA 482-A:31, II and to recommend a new administrative fee percentage adjusted to cover the cost of the program.
303:8 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) Three members of the house of representatives, 2 from the ways and means committee and one from the resources, recreation and development committee, appointed by the speaker of the house of representatives.
(b) One member of the senate, appointed by the president of the senate.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
303:9 Duties. The committee shall study the administrative fee percentage under RSA 482-A:30, III, RSA 482-A:30-a, II, and RSA 482-A:31, II and recommend a new administrative fee percentage adjusted to cover the cost of the program.
303:10 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.
303:11 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, the chairman of the house ways and means committee, the chairman of the senate ways and means committee, and the state library on or before November 1, 2009.
303:12 Effective Date.
I. Section 6 of this act shall take effect July 1, 2010.
II. Section 5 and sections 7-12 of this act shall take effect upon its passage.
III. The remainder of this act shall take effect 60 days after its passage.
Approved: July 31, 2009
Effective Date: I. Section 6 shall take effect July 1, 2010.
II. Sections 5 and 7-12 shall take effect July 31, 2009.
III. Remainder shall take effect September 29, 2009.
LBAO
09-0743
Amended 06/10/09
SB 65-FN - FISCAL NOTE
AN ACT relative to the acceptance of in lieu payments for the restoration or creation of wetlands and establishing a committee to study the administrative fee percentage for such in lieu payments.
FISCAL IMPACT:
The Department of Environmental Services states this bill, as amended by the House (Amendment #2009-1337h), may increase state restricted expenditures, state restricted revenue, county expenditures and local expenditures by an indeterminable amount in FY 2009 and each year thereafter. There is no fiscal impact on county and local revenue.
METHODOLOGY:
The Department of Environmental Services states this bill permits the Department to accept in lieu payments for the restoration or creation of wetlands and preservation of upland areas adjacent to wetlands, streams, rivers and their riparian habitats. The Department states it is not able to determine how many additional projects and the size and spatial distribution within each watershed of any additional projects this bill will generate. The bill also changes the administrative assessment from 5 percent to 10 percent with the administrative assessment to be used to pay for up to 2 full-time positions for administration of the aquatic resource compensatory mitigation fund and related projects. The Department has one full-time position funded by the administrative assessment. If there are enough projects, the Department assumes it will hire an additional position at labor grade 21 by FY 2012. The additional position would increase state restricted expenditures by $61,337 in FY 2012 and $64,665 in FY 2013.