HB470 (2012) Detail

Repealing the comprehensive shoreland protection act.


HB 470-FN – AS INTRODUCED

2011 SESSION

11-0436

06/10

HOUSE BILL 470-FN

AN ACT repealing the comprehensive shoreland protection act.

SPONSORS: Rep. Renzullo, Hills 27; Rep. McConkey, Carr 3; Rep. Merrow, Carr 3; Rep. Howard, Sull 2; Rep. Scala, Carr 5

COMMITTEE: Resources, Recreation and Development

ANALYSIS

This bill repeals the comprehensive shoreland protection act.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0436

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT repealing the comprehensive shoreland protection act.

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

1 Duties of Operator During Mining and Reclamation. Amend RSA 12-E:7, I(b) to read as follows:

(b) Provide a buffer zone from the mine of 200 feet from any property line or public right-of-way except for haulage roads [and 250 feet from any public waters defined in RSA 483-B:4, XVI];

2 Wetlands Council. Amend the introductory paragraph of RSA 21-O:5-a, I to read as follows:

I. There is established a wetlands council for the purpose of implementing the provisions of law conferring on the department authority to decide matters relative to resources of the state, including, but not limited to, excavating, dredging, and filling waters of the state [as well as activities occurring within the state’s regulated shoreland under RSA 483-B]. Appointees and officials shall have voting rights as members of the wetlands council; provided, however, that nothing in this section shall be construed as affecting other duties of the department with reference to dams, water levels, and administration of the department of environmental services. The wetlands council shall be composed of the following:

3 Wetlands Council. Amend RSA 21-O:5-a, V to read as follows:

V. The wetlands council shall hear all administrative appeals from department decisions made under RSA 482-A relative to wetlands[, or under RSA 483-B relative to shoreland protection] and shall decide all disputed issues of fact in such appeals, in accordance with RSA 21-O:14.

4 Water Council. Amend RSA 21-O:7, IV and V to read as follows:

IV. The water council shall hear all administrative appeals from department decisions relative to the functions and responsibilities within the expertise of the division of water other than department decisions made under RSA 482-A relative to wetlands [and RSA 483-B relative to shoreland protection], and shall decide all disputed issues of fact in such appeals, in accordance with RSA 21-O:14.

V. The director of the division of water shall present all rules proposed to be implemented by the water division, other than rules implementing RSA 482-A relative to wetlands[, and RSA 483-B relative to shoreland protection], to the water council for consideration prior to filing a notice of proposed rule under RSA 541-A:6. The council shall present any objections to proposed rules to the director of the division of water and to the commissioner in writing within 15 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.

5 Excavating and Dredging Permit; Certain Exemptions. Amend RSA 482-A:3, III, to read as follows:

III. The filing fees collected pursuant to paragraphs I, V(c), XI(h), and XII(c) [and RSA 483-B:5-b] are continually appropriated to and shall be expended by the department for paying per diem and expenses of the public members of the council, hiring additional staff, reviewing applications and activities relative to the wetlands of the state [and protected shorelands under RSA 483-B], conducting field investigations, and holding public hearings. Such fees shall be held by the treasurer in a nonlapsing fund identified as the wetlands and shorelands review fund.

6 Excavating and Dredging Permit; Certain Exemptions; Version Effective July 1, 2011. Amend RSA 482-A:3, III to read as follows:

III. The filing fees collected pursuant to paragraphs I, V(c), XI(h), and XII(c) are continually appropriated to and shall be expended by the department for paying per diem and expenses of the public members of the council, hiring additional staff, reviewing applications and activities relative to the wetlands of the state [and protected shorelands under RSA 483-B], conducting field investigations, and holding public hearings. Such fees shall be held by the treasurer in a nonlapsing fund identified as the wetlands and shorelands review fund.

7 Excavating and Dredging Permit; Certain Exemptions. Amend RSA 482-A:3, XIV(g) to read as follows:

(g) The department may suspend review of an application for a proposed project on a property with respect to which the department has commenced an enforcement action against the applicant for any violation of this chapter, [RSA 483-B,] RSA 485-A:17, or RSA 485-A:29-44, or of any rule adopted or permit or approval issued pursuant to this chapter, [RSA 483-B,] RSA 485-A:17, or RSA 485-A:29-44. Any such suspension shall expire upon conclusion of the enforcement action and completion of any remedial actions the department may require to address the violation; provided, however, that the department may resume its review of the application sooner if doing so will facilitate resolution of the violation. The department shall resume its review of the application at the point the review was suspended, except that the department may extend any of the time limits under this paragraph and its rules up to a total of 30 days for all such extensions. For purposes of this subparagraph, “enforcement action” means an action under RSA 482-A:13, RSA 482-A:14, RSA 482-A:14-b, [RSA 483-B:18,] RSA 485-A:22, RSA 485-A:42, or RSA 485-A:43.

8 State Action; Notification of Rivers Coordinator. Amend RSA 483:12-a, I to read as follows:

I. Any state agency considering any action affecting any river or segment designated under this chapter shall notify the rivers coordinator prior to taking any such action. Such agency shall forward to the rivers coordinator for review and comment copies of all notices of public hearings, or, where a public hearing is not required, a copy of the application for issuance of a permit, certificate, or license within the designated river or corridor under RSA 485-C, RSA 485-A, [RSA 483-B,] RSA 12-E, RSA 270:12, RSA 482, RSA 482-A, RSA 149-M, RSA 430, or RSA 147-A. If an agency is notified by the rivers coordinator that a proposed activity would violate a protection measure under RSA 483:9, 483:9-a, 483:9-aa, or 483:9-b, such agency shall deny the application.

9 Terrain Alteration. Amend RSA 485-A:17, II to read as follows:

II. The department shall charge a fee for each review of plans, including project inspections, required under this section. The fee shall be based on the extent of contiguous area to be disturbed. [Except for RSA 483-B:9,] The fee for plans encompassing an area of at least 100,000 square feet but less than 200,000 square feet shall be $1,250. [For the purposes of RSA 483-B:9, the fee for plans encompassing an area of at least 50,000 square feet but less than 200,000 square feet shall be $1,250. An additional fee of $500 shall be assessed for each additional area of up to 100,000 square feet to be disturbed.] No permit shall be issued by the department until the fee required by this paragraph is paid. All fees required under this paragraph shall be paid when plans are submitted for review and shall be deposited in the terrain alteration fund established in paragraph II-a.

10 Terrain Alteration. Amend RSA 485-A:17, II-b(g) to read as follows:

(g) The department may suspend review of an application for a proposed project on a property with respect to which the department has commenced an enforcement action against the applicant for any violation of this section, RSA 482-A, [RSA 483-B,] or RSA 485-A:29-44, or of any rule adopted or permit or approval issued pursuant to this section, RSA 482-A, [RSA 483-B,] or RSA 485-A:29-44. Any such suspension shall expire upon conclusion of the enforcement action and completion of any remedial actions the department may require to address the violation; provided, however, that the department may resume its review of the application sooner if doing so will facilitate resolution of the violation. The department shall resume its review of the application at the point the review was suspended, except that the department may extend any of the time limits under this paragraph and its rules up to a total of 30 days for all such extensions. For purposes of this subparagraph, “enforcement action” means an action initiated under RSA 482-A:13, RSA 482-A:14, RSA 482-A:14-b, [RSA 483-B:18,] RSA 485-A:22, RSA 485-A:42, or RSA 485-A:43.

11 Action of Applications. Amend RSA 485-A:31, III to read as follows:

III. The department may suspend a review of an application for a proposed project on a property with respect to which the department has commenced an enforcement action against the applicant for any violation of RSA 485-A:29-44; RSA 482-A; [RSA 483-B;] or RSA 485-A:17, or of any rule adopted or permit or approval issued pursuant to RSA 485-A:29-44; RSA 482-A; [RSA 483-B;] or RSA 485-A:17. Any such suspension shall expire upon conclusion of the enforcement action and completion of any remedial actions the department may require to address the violation; provided, however, that the department may resume its review of the application sooner if doing so will facilitate resolution of the violation. The department shall resume its review of the application at the point the review was suspended, except that the department may extend any of the time limits under this paragraph and its rules up to a total of 30 days for all such extensions. For purposes of this subparagraph, “enforcement action” means an action initiated under RSA 482-A:13; RSA 482-A:14; RSA 482-A:14-b; [RSA 483-B:18;] RSA 485-A:22; RSA 485-A:42; or RSA 485-A:43.

12 Approval to Increase Load on a Sewage Disposal System. Amend RSA 482-A:3, IV-a(h) through (j) to read as follows:

(h) Installed in a manner which requires no modification, regrading, or recontouring of the shoreline, such as installation of a concrete pad for construction of a hinged dock; and

(i) [Installed in a manner which complies with RSA 483-B; and]

(j)] Installed in a location that is not in, or adjacent to, an area that has been designated as a prime wetland in accordance with RSA 482-A:15.

13 Repeal. The following are repealed:

I. RSA 227-J:9, VIII, relative to forest management.

II. RSA 483-B, relative to the comprehensive shoreland protection act.

III. RSA 485-A:2, I relative to the definition of developed waterfront.

IV. RSA 485-A:38, II-a(c), relative to increasing loads on a sewage disposal system.

14 Effective Date.

I. Section 6 of this act shall take effect July 1, 2011 at 12:01 a.m.

II. The remainder of this act shall take effect 60 days after its passage.

LBAO

11-0436

Revised 01/27/11

HB 470 FISCAL NOTE

AN ACT repealing the comprehensive shoreland protection act.

FISCAL IMPACT:

      The Department of Environmental Services states this bill may increase state general fund expenditures by $211,819, and decrease state restricted revenue and expenditures by $935,711 in FY 2012, and $958,645 in FY 2013 and each year thereafter. There is no fiscal impact on county and local expenditures or revenue.

METHODOLOGY:

    The Department of Environmental Services states this bill will repeal the comprehensive shoreland protection act. The Department assumes this repeal will not be implemented until July 1, 2011. The Department states the elimination of the comprehensive shoreland protection act will reduce restricted revenue and expenditures by $935,711 in FY 2012 and $958,645 in FY 2013 and each year thereafter. The elimination of this act will necessitate the lay off of five personnel. The Department states the shoreland protection program will not have sufficient funds to cover the costs associated with payouts for the five lay offs and assumes the general fund would cover these costs ($157,054) in FY 2012. The Department also assumes the general fund would cover costs associated with payments to the department of information technology ($22,802) and the department of administrative services for general services ($31,963) in FY 2012. The Department estimates the total general fund expenditure increase to be $211,819 in FY 2012.