Revision: June 20, 2013, midnight
CHAPTER 96
SB 131-FN-LOCAL – FINAL VERSION
03/14/13 0780s
2013 SESSION
06/09
SENATE BILL 131-FN-LOCAL
COMMITTEE: Energy and Natural Resources
This bill establishes a permitting process for the removal of submerged logs from certain great ponds.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/14/13 0780s
13-0850
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to a permitting process for the removal of submerged logs from certain great ponds.
Be it Enacted by the Senate and House of Representatives in General Court convened:
96:1 New Section; Grant in Right for Submerged Logs. Amend RSA 482-A by inserting after section 22 the following new section:
482-A:22-a Grant in Right for Submerged Logs; Exemption.
I. The governor and council, upon petition and upon the recommendation of the department, may grant to the governing body of a municipality the right to remove submerged logs from the portion of the bed of any great pond that is located within the municipality’s boundaries as delineated in the NH Granit database, Complex Systems Research Center, University of New Hampshire.
II. Every petition to remove such submerged logs shall be filed by the governing body of the municipality with the department as an application under RSA 482-A:3, I, and shall demonstrate that:
(a) Removing the submerged logs will have minimal or no adverse environmental impact, based on considerations including whether the logs were treated with hazardous or toxic chemicals and whether the logs are providing important aquatic habitat as determined by the department of fish and game; or
(b) The submerged logs to be removed are interfering with navigation or otherwise adversely affecting public safety or the environment.
III. The application filed pursuant to paragraph II shall:
(a) Identify the manner in which the logs will be removed, the measures to be taken to minimize any adverse environmental impact, and the formula by which the net proceeds of the use or sale of the removed logs will be determined; and
(b) Include the results of such testing as the department may require to determine the environmental impact of the logs in place and of removing the logs.
IV. A municipality that receives a permit under this section may enter into a commercially reasonable private contract to undertake the log removal after publicly requesting bids for such work.
V. The net proceeds of any use or sale of the removed logs shall accrue directly to the benefit of the municipality.
VI. The municipality shall hold a public hearing on the application in conjunction with the department. The municipality shall send direct notice of the application and the public hearing to the department of fish and game and to each person owning land within 150 feet of the area from which the logs will be removed. The municipality also shall post notice of the hearing in 2 public places in the municipality, one of which may be the municipality’s website, and shall publish notice of the hearing twice in 2 different weeks, the last publication to be 7 days before the hearing, in one newspaper of general circulation throughout the state and another newspaper of general circulation in the municipality. The department shall post notice of the hearing and of the deadline for submission of written comments on the department’s website, which deadline shall be not less than 10 days following the public hearing.
VII. After appropriate consideration of the application and any comments received, the department shall make its recommendations to the governor and council with regard to such petition. If the department recommends that the petition be granted, in whole or in part, such recommendation shall include appropriate specifications and conditions necessary to protect public rights and the rights and privileges of persons owning land within 150 feet of the area from which the logs will be removed, which shall include requirements for testing the submerged logs prior to and during removal to determine proper handling and disposal.
VIII. Notwithstanding the provisions of this section, if a submerged log presents a safety hazard, the state police may remove the submerged log or logs.
96:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 20, 2013
Effective Date: August 19, 2013
LBAO
13-0850
Amended 03/21/13
SB 131-FN-LOCAL - FISCAL NOTE
AN ACT relative to a permitting process for the removal of submerged logs from certain great ponds.
FISCAL IMPACT:
The New Hampshire Municipal Association and Department of Environmental Services state this bill, as amended by the Senate (Amendment #2013-0780s), may have an indeterminable impact on state and local expenditures, and local revenue in FY 2014 and each year thereafter. There will be no impact on state and county revenue, or county expenditures.
METHODOLOGY:
The New Hampshire Municipal Association states this bill allows municipalities to remove submerged logs from great ponds within municipal boundaries, upon recommendation by the Department of Environmental Services and approval by the Governor and Council. Each municipality seeking to remove submerged logs must hold a hearing on its application to the Governor and Council and must publish notice of the hearing. If the application is approved, the municipality may, after a public bidding process, contract with a private party to remove the logs, and may use or sell any logs removed. The Association states that contracting to remove logs will result in an increase in municipal expenditures, but sale of the logs will increase municipal revenue, and the net result of the bill is indeterminable. The Association notes that, since the decision to pursue log removal is at the discretion of each municipality, any fiscal impacts will be incurred at the election of the municipality.
The Department of Environmental Services states that under the bill, the Department is responsible for reviewing municipal applications and making a recommendation to the Governor and Council regarding the environmental impact of each proposal. The Department states the bill’s fiscal impact is indeterminable.