Bill Text - SB399 (2012)

(New Title) relative to the maximum permit application fee for certain municipal or state agency dredging projects.


Revision: March 23, 2012, midnight

SB 399-FN – AS AMENDED BY THE SENATE

03/21/12 1202s

2012 SESSION

12-3059

06/03

SENATE BILL 399-FN

AN ACT relative to the maximum permit application fee for certain municipal or state agency dredging projects.

SPONSORS: Sen. Bragdon, Dist 11; Rep. Belvin, Hills 6; Rep. Willette, Hills 6; Rep. Hansen, Hills 6

COMMITTEE: Energy and Natural Resources

AMENDED ANALYSIS

This bill limits the maximum permit application fee for certain municipal or state agency dredging projects.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/21/12 1202s

12-3059

06/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to the maximum permit application fee for certain municipal or state agency dredging projects.

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

1 Excavating and Dredging Permit; Maximum Application Fee. Amend RSA 482-A:3, X(b) to read as follows:

(b) For tidal dredging projects with the primary purpose to improve navigation for a municipality or state agency, the maximum application fee for a municipality shall be $10,000 per application plus provisions for technical or consulting services or a combination of such services as necessary to meet the needs of the department. The department may enter into a memorandum of agreement with a municipality or state agency to accept equivalent technical or consulting services or a combination of such services in lieu of a portion of their standard application fees.

(c) For dredging projects with the primary purpose to restore or reclaim a lake or pond for a municipality or state agency, the maximum application fee for a municipality or state agency shall be $10,000 per application plus provisions for technical or consulting services or a combination of such services as necessary to meet the needs of the department. The department may enter into a memorandum of agreement with a municipality or state agency to accept equivalent technical or consulting services or a combination of such services in lieu of a portion of the standard application fees.

2 Effective Date. This act shall take effect July 1, 2012.

LBAO

12-3059

Revised 02/22/12

SB 399 FISCAL NOTE

AN ACT relative to the maximum permit application fee for certain municipal or state agency dredging projects.

FISCAL IMPACT:

      The Department of Environmental Services states this bill may decrease county and local expenditures by an indeterminable amount in FY 2013 and each year thereafter, and have an indeterminable impact on state restricted expenditures and revenue in FY 2013 and each year thereafter. The New Hampshire Municipal Association states this bill may decrease local expenditures by an indeterminable amount in FY 2013 and each year thereafter. This bill will have no impact on county and local revenue.

METHODOLOGY:

    The Department of Environmental Services states this bill limits the maximum permit application fee to $10,000 for certain municipal dredging projects, and allows the state to enter into memorandum of agreements with a municipality to accept equivalent technical or consulting services or a combination of such services in lieu of a portion of the standard application fees. The Department states with a fee of $0.20 per square foot of impact, projects that exceed 50,000 square feet of impact will benefit from capping the maximum fee at $10,000. The Department is not able to determine the impact on state, county and local expenditures or state revenue as it is not able to determine the number of applications that will be received that will involve projects with an impact of greater than 50,000 square feet. Additionally, the Department has no information to determine how many memorandums of agreements would be entered, and the impact on application fees to determine the fiscal impact.

    The New Hampshire Municipal Association states to the extent a municipality seeks to undertake a municipal dredging project and depending on the negotiations between the state and the municipality of services in lieu of a portion of the standard application fee, local expenditures may decrease by an indeterminable amount.