HB681 (2010) Detail

(New Title) relative to assessments for aquatic resource compensatory mitigation.


CHAPTER 16

HB 681-FN – FINAL VERSION

13Jan2010… 0005h

2010 SESSION

09-0345

06/01

HOUSE BILL 681-FN

AN ACT relative to assessments for aquatic resource compensatory mitigation.

SPONSORS: Rep. E. Merrick, Coos 2; Rep. T. Russell, Rock 13; Rep. S. Merrick, Coos 2; Rep. Sad, Ches 2; Sen. Reynolds, Dist 2

COMMITTEE: Resources, Recreation and Development

AMENDED ANALYSIS

This bill temporarily increases the percentage of certain administrative assessments related to aquatic resource compensatory mitigation.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13Jan2010… 0005h

09-0345

06/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to assessments for aquatic resource compensatory mitigation.

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

16:1 Aquatic Resource Compensatory Mitigation; Fund Established. RSA 482-A:29, II is repealed and reenacted to read as follows:

II. A separate, non-lapsing account shall be established within the fund into which all administrative assessments collected under RSA 482-A:30, III and RSA 482-A:30-a, II shall be placed. Such account moneys shall only be used to support up to 2 full-time positions for administration of the fund and related projects. No other fund moneys shall be used for state personnel costs.

16:2 Payment for Freshwater and Tidal Wetlands Losses. Amend RSA 482-A:30, III to read as follows:

III. An administrative assessment which equals [5] 20 percent of the sum of paragraphs I and II.

16:3 Payment for Freshwater and Tidal Wetlands Losses. Amend RSA 482-A:30, III to read as follows:

III. An administrative assessment which equals [20] 5 percent of the sum of paragraphs I and II.

16:4 Payment for Stream or Shoreline Losses. Amend RSA 482-A:30-a, II to read as follows:

II. An administrative assessment equal to [5] 20 percent of the amount in paragraph I.

16:5 Payment for Stream or Shoreline Losses. Amend RSA 482-A:30-a, II to read as follows:

II. An administrative assessment equal to [20] 5 percent of the amount in paragraph I.

16:6 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] 20 percent of the total cost shall be added as part of the calculation method.

16:7 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 [20] 5 percent of the total cost shall be added as part of the calculation method.

16:8 Report. Amend RSA 482-A:33 to read as follows:

482-A:33 Report. The department shall submit an annual report by October 1 beginning with fiscal year 2006, to the fiscal committee, the chairperson of the house resources, recreation and development committee, and the chairperson of the senate environment and wildlife committee summarizing all receipts and disbursements of the aquatic resource compensatory mitigation fund, including a description of all projects undertaken and the status of the administrative assessment account. Each report shall be in such detail with sufficient information to be fully understood by the general court and the public. After submission to the general court, the report shall be available to the public.

16:9 Department Investigation. The department of environmental services shall investigate ways of compiling and providing information on known compensatory mitigation opportunities to applicants who need to compensate for unavoidable impacts by their proposed projects, as part of the wetlands permitting process. The department shall report on the results of this investigation on October 1, 2011 as part of its annual report under RSA 482-A:33.

16:10 Effective Date.

I. Sections 3, 5, and 7 of this act shall take effect July 1, 2012.

II. Section 1 shall take effect July 1, 2010 at 12:01 a.m.

III. The remainder of this act shall take effect July 1, 2010.

Approved: May 7, 2010

Effective Date: I. Sections 3, 5 and 7 shall take effect July 1, 2012.

II. Section 1 shall take effect July 1, 2010 at 12:01 a.m.

III. Remainder shall take effect July 1, 2010.