HB1478 (2010) Detail

Relative to permits for dock designers.


HB 1478-FN – AS INTRODUCED

2010 SESSION

10-2308

06/03

HOUSE BILL 1478-FN

AN ACT relative to permits for dock designers.

SPONSORS: Rep. Hubbard, Straf 1; Rep. Gottling, Sull 3; Rep. Kappler, Rock 2; Sen. Fuller Clark, Dist 24

COMMITTEE: Resources, Recreation and Development

ANALYSIS

This bill establishes a permitting process for dock designers.

This bill is a request of the department of environmental services.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2308

06/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to permits for dock designers.

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

1 New Subparagraph; Application of Receipts. Amend RSA 6:12(b) by inserting after subparagraph (299) the following new subparagraph:

(300) Moneys deposited in the wetlands review fund under RSA 482-A:3-b.

2 New Sections; Dock Designer Permit; Rulemaking; Fund Established. Amend RSA 482-A by inserting after section 3 the following new sections:

482-A:3-a Dock Designer Permit.

I.(a) Except as provided in paragraph II, no person shall design or construct docks or docking facilities under this chapter without a designer’s permit from the department. The applicant shall submit an application provided by the department. The permit application fee shall be $100. The department may require an applicant to pass an oral or written examination, or both, to determine eligibility for a designer’s permit. Applicants who have been actively engaged in the business of designing docks and docking facilities for at least 12 months prior to January 1, 2010, shall be exempt from such examination, and shall be issued a permit upon filing an application and paying the initial fee, if application is made before June 30, 2010. All permits expire December 31 of the year following the year in which such permit was issued.

(b) Permits shall be renewable upon proper application, payment of a biennial fee of $100, and documentation of compliance with the continuing education requirement of subparagraph (d).

(c) The designer’s permit may be suspended, revoked, or may not be renewed for just cause, including, but not limited to, the design or installation of docks or docking facilities in violation of this chapter or the refusal by a permit holder to correct defective work. The applicant may appeal such decision to revoke, suspend, or not renew a permit under RSA 21-0:14. All fees shall be held by the treasurer in a wetlands review fund established under RSA 482-A:3-b.

(d) Permit holders shall complete a minimum of 3 hours annually of continuing education approved by the department.

II. Any person may design or install docks or docking facilities for his or her own domicile without obtaining a designer’s permit provided he or she complies with rules adopted by the department relative to such docks or docking facilities.

482-A:3-b Wetlands Review Fund Established. A wetlands review fund is established for exclusive use of the department to accomplish the purposes of this chapter. This fund shall be nonlapsing and continually appropriated to the department for the purposes of this chapter.

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

LBAO

10-2308

11/04/09

HB 1478-FN - FISCAL NOTE

AN ACT relative to permits for dock designers.

FISCAL IMPACT:

      The Department of Environmental Services states this bill will have an indeterminable fiscal impact on state restricted revenue and expenditures in FY 2010 and each year thereafter. There is no fiscal impact on county and local revenue and expenditures.

METHODOLOGY:

    The Department of Environmental Services states this bill will establish a dock designer permit and a wetlands review fund. The Department has no information to know how many individuals will apply for the dock designer permit or how much revenue would be generated from the permits for deposit into the newly created wetlands review fund.