Bill Details - HB1436 (2018)

HB 1436 - AS INTRODUCED

 

 

 

2018 SESSION

18-2091

06/03

 

HOUSE BILL 1436

 

AN ACT relative to lakes with shared borders with 2 or more towns.

 

SPONSORS: Rep. Knirk, Carr. 3

 

COMMITTEE: Resources, Recreation and Development

 

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ANALYSIS

 

This bill requires all septic systems within the protected shoreland to meet all rules of the department of environmental services for sewage system design.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2091

06/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to lakes with shared borders with 2 or more towns.

 

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

 

1  Statement of Purpose.  The general court recognizes that preservation of surface water quality is critical for the quality of life and  the economy of many towns in New Hampshire.  Towns have an interest in any development occurring in any other town that shares a surface water resource.  Quality of life and the local economy of a town can be harmed by loss of water quality caused by the approval of development by another town without regard for the impact on the shared surface water quality.  

2  New Paragraph; Regional Planning Commissions; Review Required.  Amend RSA 36:56 by inserting after paragraph II the following new paragraph:

III.  Any development of more than 10 residence units or more than 10 camping units, whether seasonal or year-round, permanent or temporary, which is proposed to be constructed within the protected shoreland, or any development which will store, process, or handle hazardous materials which is proposed to be constructed within the protected shoreland shall be deemed a development of regional impact and all towns which share the shoreland of the water body on which the development is proposed shall be afforded the status of abutters.

3  New Paragraph; Regional Planning Commission; Review of Developments of Regional Impact; Procedure.  Amend RSA 36:57 by inserting after paragraph IV the following new paragraph:

V.  Within 5 business days of the determination that a proposed development has a potential regional impact, the local land use board shall notify abutters by certified mail of their right to appeal a decision of the department of environmental services granting a permit for such development.  Notwithstanding any other law to the contrary, abutters shall have 30 days from the date notification was received to appeal the decision granting the permit.  

4  New Subparagraph; Shoreland Water Quality Protection; Septic Systems.  Amend RSA 483-B:9, V(c) by inserting after subparagraph (3) the following new subparagraph:

(4)  Within 5 years of the effective date of this subparagraph, all septic systems within the protected shoreland shall meet all rules of the department of environmental services for sewage disposal system design.  If a town does not have documentation that a sewage disposal system meets current standards, the town shall notify the land owner by certified mail requiring the land owner to have the system inspected by a licensed septic system designer or evaluator and to provide the town with documentation of the inspection.  Landowners shall have one year to return the documentation.  If the septic system fails to meet such state standards, the land owner shall upgrade the system to meet state standards within 5 years.

5  Effective Date.  This act shall take effect 60 days after its passage.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Resources, Recreation and Development HJ 1 P. 10
Jan. 23, 2018 Public Hearing: 01/23/2018 10:00 AM LOB 305
Feb. 13, 2018 Executive Session: 02/13/2018 LOB 305
Majority Committee Report: Inexpedient to Legislate (Vote 11-7; RC)
March 6, 2018 Majority Committee Report: Inexpedient to Legislate for 03/06/2018 (Vote 11-7; RC) HC 9 P. 75
Minority Committee Report: Refer for Interim Study
March 6, 2018 Suspend House Rule 65 (Reps. Hinch, Shurtleff): MA VV by necessary two-thirds vote 03/06/2018 HJ 6 P. 125
Special Order to 3/15/2018 Without Objection HJ 7 P. 49
March 15, 2018 Suspend House Rule 65; extending deadline for action to 3/22/2018 (Reps. Hinch, Shurtleff): MA VV by necessary two-thirds vote 03/15/2018 HJ 8 P. 69
March 21, 2018 Inexpedient to Legislate: MA VV 03/21/2018 HJ 9 P. 41

Action Dates

Date Body Type
Jan. 23, 2018 House Hearing
Feb. 13, 2018 House Exec Session
House Floor Vote
March 6, 2018 House Floor Vote
March 15, 2018 House Floor Vote

Bill Text Revisions

HB1436 Revision: 1961 Date: Nov. 3, 2017, 9:56 a.m.