Revision: Dec. 10, 2009, midnight
HB 1462 – AS INTRODUCED
2010 SESSION
06/05
HOUSE BILL 1462
AN ACT establishing a shoreland advisory council.
SPONSORS: Rep. Stiles, Rock 15; Rep. Borden, Rock 18; Rep. Boyce, Belk 5; Rep. O'Neil, Hills 19; Sen. Fuller Clark, Dist 24; Sen. Bradley, Dist 3; Sen. Hassan, Dist 23; Sen. Odell, Dist 8
COMMITTEE: Resources, Recreation and Development
This bill establishes a shoreland advisory council.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2146
06/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT establishing a shoreland advisory council.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; Application of Receipts. Amend RSA 6:12, I by inserting after subparagraph (299) the following new subparagraph:
(300) Moneys received from the shoreland advisory council fund established under RSA 483-B:21.
2 New Section; Shoreland Advisory Council Established Amend RSA 483-B by inserting after section 20 the following new section:
483-B:21 Shoreland Advisory Council. There is established a shoreland advisory council appointed by the governor and council. All members shall be New Hampshire residents and the governor and council shall request that nominating organizations select nominees representing diverse geographic areas of the state who are also waterfront property owners, whenever possible. The primary focus of this council is to address residential shorefront owner input and perspective relating to shoreland development regulated under the comprehensive shoreland protection act under this chapter and the regulation of shoreline structures under RSA 482-A.
I. The advisory council shall include:
(a) A planning board representative nominated by the New Hampshire Municipal Association.
(b) A representative of the New Hampshire Association of Natural Resource Scientists chosen from a list of 3 nominees.
(c) A representative of the Granite State Designers and Installers chosen from a list of 3 nominees.
(d) A representative of the New Hampshire Lakes Association chosen from a list of 3 nominees.
(e) A representative of the New Hampshire Rivers Council chosen from a list of three nominees.
(f) A representative of the New Hampshire Association of Realtors chosen from a list of 3 nominees.
(g) Two representatives of the protected shoreland. These property owners shall be chosen from a list of 4 nominees submitted by the commissioner of the department of environmental services.
(h) Five representatives of the protected shoreland. These property owners shall be chosen from a list of 10 nominees submitted by the president of the senate and the speaker of the house of representatives. In their list, the president of the senate and the speaker of the house of representatives shall consider including nominations submitted by the New Hampshire Shorefront Association, the New Hampshire Shoreline Coalition, the New Hampshire Shoreline and Property Rights Guardians, and other organizations whose membership includes owners of shoreline property. There shall be one representative for lakes greater than 1,000 acres, one representative for lakes less than 1,000 acres, one representative for rivers designated under RSA 483, one representative for rivers greater than 4th order, and one representative of tidal areas.
(i) A representative of the New Hampshire Home Builders and Remodelers Association chosen from a list of 3 nominees.
(j) A representative of the Granite State Landscape Architects chosen from a list of 3 nominees.
(k) A representative from the department of environmental services who shall serve as a non-voting member of the council.
(l) A representative who is a marine contractor or dock builder from a list of 2 nominees provided by the New Hampshire Marine Trades Association.
II. The council shall solicit information from other state agencies on an as needed basis.
III. The members shall serve until the repeal of the council.
IV. Any vacancy shall be filled in the same manner as the original appointment. Members may hold office until their successors are appointed and confirmed.
V. The representative of the department of environmental services shall call the first meeting 90 days after adoption as long as the majority of appointments have been confirmed. Nine members shall constitute a quorum. At its first meeting the council shall elect a chairperson, vice chairperson, and secretary. Subsequent meetings shall be at the call of the chair, or at the request of 5 or more council members.
(a) The council shall meet a minimum of 4 times per year.
(b) The council secretary shall contact the chair of the senate energy, environment and economic development committee and the chair of the house resources, recreation and development committee to post scheduled meetings and public hearing times and places in the legislative calendars.
VI. The council shall consult with and advise the commissioner of the department of environmental services, on a continuing basis, with respect to the policy, programs, goals, and operations of the department as they relate to the impact and implementation of the comprehensive shoreland protection act under this chapter and the regulation of shoreline structures under RSA 482-A. In order to accomplish these purposes, the council may:
(a) Perform field evaluation of particular situations and issues.
(b) Identify issues that need clarification or modification in the rules and statutes.
(c) Prepare written comment for the commissioner to suggest potential rules changes.
(d) Prepare written comment for the commissioner to suggest statutory changes.
(e) Aid in the design and implementation of outreach strategies and guidance documents.
VII. The commissioner of the department of environmental services shall present all proposed rules relative to shoreline structures under RSA 482-A and protected shoreland under this chapter to the council for consideration and comment prior to filing a notice of proposed rule making under RSA 541-A:6. The council shall present any objections to proposed rules to the commissioner in writing within 30 days. The commissioner may adopt a rule to which the council has objected only after presenting a written reply to the council detailing the reasons for adopting the rule over the objections of the council.
VIII. There is hereby established in the office of the state treasurer a fund to be known as the shoreland advisory council fund which shall be kept separate and distinct from all other funds and shall be continually appropriated to the council. Such fund shall be the depository for all financial gifts, grants, or donations made to the council. Expenses incurred shall be paid from such fund and will not exceed receipts. Any moneys in such fund shall lapse into the general fund at the repeal of the council.
3 Repeal. RSA 483-B:21, relative to the shoreland advisory council, is repealed.
4 Effective Date.
I. Section 3 of this act shall take effect December 31, 2015.
II. The remainder of this act shall take effect upon its passage.