HB1525 (2012) Detail

Repealing the wetlands and shorelands review fund.


HB 1525-FN – AS INTRODUCED

2012 SESSION

12-2646

09/03

HOUSE BILL 1525-FN

AN ACT repealing the wetlands and shorelands review fund.

SPONSORS: Rep. Giuda, Merr 7; Rep. Hill, Merr 6; Rep. D. McGuire, Merr 8; Rep. Ingbretson, Graf 5; Rep. Itse, Rock 9

COMMITTEE: Resources, Recreation and Development

ANALYSIS

This bill repeals the wetlands and shorelands review fund and lapses money in such fund to the general fund.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2646

09/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT repealing the wetlands and shorelands review fund.

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

1 Repeal. The following are repealed:

I. RSA 6:12, I(b)(131), relative to moneys deposited in the wetlands and shorelands review fund.

II. RSA 482-A:3, III, relative to the wetlands and shorelands review fund.

2 Reference to Fund Deleted. Amend RSA 482-A:3, V(c) to read as follows:

(c) A $25 filing fee shall accompany the notice to the department. [Such fees shall be held in accordance with paragraph III.]

3 Reference to Fund Deleted. Amend RSA 482-A:3, XI(h) to read as follows:

(h) Application fees shall be $25 for residents of the state of New Hampshire and $50 for out-of-state applicants. Fees shall be collected by the department [and held in accordance with paragraph III].

4 Reference to Fund Deleted. Amend RSA 482-A:3, XII(c) to read as follows:

(c) A $25 filing fee shall accompany the notice to the department. [Such fees shall be held in accordance with paragraph III.]

5 Reference to Fund Deleted. Amend RSA 482-A:3, XV(d) to read as follows:

(d) A one-time annual filing fee of $200 per town, not to exceed a maximum of $10,000, shall accompany the notice to the department. [Such fees shall be held in accordance with paragraph III.]

6 Shorelands Permits. Amend the introductory paragraph of RSA 483-B:5-b, I(b) to read as follows:

(b) The permit application fee shall be $100 plus $.10 per square foot of area affected by the proposed activities [and shall be deposited in the wetlands and shorelands review fund established under RSA 482-A:3, III]. Such fees shall be capped as follows:

7 Lapse to General Fund. All moneys in the wetlands and shorelands review fund shall lapse to the general fund on June 30, 2012.

8 Effective Date. This act shall take effect June 30, 2012.

LBAO

12-2646

12/08/11

HB 1525-FN - FISCAL NOTE

AN ACT repealing the wetlands and shorelands review fund.

FISCAL IMPACT:

      The Department of Environmental Services states this bill will increase state general fund revenue and expenditures, and decrease state restricted revenue and expenditures by $2,518,295 in FY 2013, and by an indeterminable amount in FY 2014 and each year thereafter. There is no fiscal impact on county and local revenue or expenditures.

METHODOLOGY:

    The Department of Environmental Services states this bill repeals the wetlands and shorelands review fund. The Department assumes permit requirements will remain in place, the permit fees will continue to be collected, and the FY 2013 budget appropriation will continue using general funds. The Department assumes revenue and expenditures for FY 2013 to be $2,518,295. The Department states as the economy improves and permitting applications increase revenue would increase but there would also be a need for additional staff to meet permit processing requirements. This would require additional general fund expenditures to add staff. If permitting applications decrease, revenue would decrease and unless Legislative action was taken, appropriated expenditures might exceed revenue generated. The Department is not able to determine what actions will be taken in FY 2014 and beyond as it relates to budgeting for the wetland and shoreland protection programs, or if there will be changes to the fee schedules for the programs to determine the fiscal impact.