HB 321-FN – AS INTRODUCED
2011 SESSION
06/09
HOUSE BILL 321-FN
AN ACT relative to the classification of wetlands as contributing or noncontributing.
SPONSORS: Rep. Mirski, Graf 10; Rep. Parison, Hills 3; Rep. Avard, Hills 20; Rep. LeBrun, Hills 26; Rep. Lambert, Hills 27; Rep. Huxley, Hills 3; Rep. Warden, Hills 7
COMMITTEE: Resources, Recreation and Development
This bill requires the department of environmental services to develop criteria for classifying wetlands as contributing or noncontributing and makes noncontributing wetlands exempt from regulation.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0886
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the classification of wetlands as contributing or noncontributing.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Classification of Wetlands. Amend RSA 482-A by inserting after section 33 the following new subdivision:
482-A:34 Classification. The department shall classify the non-tidal wetlands of the state as contributing or noncontributing. Contributing wetlands shall be wetlands that have considerable environmental value and that provide a positive environmental benefit. Noncontributing wetlands shall have little or no environmental value.
482-A:35 Method. The department shall prepare a comprehensive method for classifying the state’s wetlands within 6 months of the effective date of this subdivision. Wetlands shall be classified as either contributing or noncontributing. The department shall present its method and criteria for classifying wetlands to the house of representatives and senate standing policy committees to which the legislation creating this subdivision was originally referred. The committees shall consider whether the methodology and criteria conform to the legislative intent of this subdivision and shall affirm the methodology and criteria. The department shall not proceed with wetlands classification without affirmation of the house of representatives and senate policy committees.
482-A:36 Rulemaking. After receiving affirmation from the house of representatives and senate standing policy committees under RSA 482-A:35, the commissioner shall proceed to adopt rules under RSA 541-A for classifying wetlands according to the methodology and criteria presented to the committees. The commissioner shall also adopt rules for qualifying individuals by training or experience to classify wetlands.
482-A:37 Noncontributing Wetlands Unregulated. Notwithstanding any other provision of law, noncontributing wetlands shall not be regulated by the state of New Hampshire nor its political subdivisions.
2 Effective Date. This act shall take effect 60 days after its passage.
LBAO
11-0886
12/15/10
HB 321-FN - FISCAL NOTE
AN ACT relative to the classification of wetlands as contributing or noncontributing.
FISCAL IMPACT:
The Department of Environmental Services states this bill will decrease state restricted revenues and may decrease state restricted expenditures by indeterminable amounts in FY 2012 and each fiscal year thereafter. There will be no fiscal impact on county and local revenues or expenditures.
METHODOLOGY:
The Department states this bill would establish a classification for wetlands, which would exempt certain wetlands from regulation. The Department states this bill would decrease state revenues as some existing wetlands would become exempt from the regulation fees currently assessed and collected. The Department states they are unable to estimate the fiscal impact to state revenues as the definition of noncontributing wetlands has not been established and a determination of wetlands becoming exempt under this bill has not been made.
The Department states this bill could also result in a decrease in state expenditures, as the Department may have reduced regulatory responsibilities. The Department is unable to estimate a potential decrease to state expenditures as it is unclear if exempting certain wetlands from regulation would decrease the Department’s costs and by how much.