Bill Text - SB172 (2018)

(New Title) relative to non-menace dams.


Revision: Jan. 25, 2017, 9:18 a.m.

SB 172-FN - AS INTRODUCED

 

 

2017 SESSION

17-0879

08/03

 

SENATE BILL 172-FN

 

AN ACT relative to dams on residential property.

 

SPONSORS: Sen. Sanborn, Dist 9; Rep. Cordelli, Carr. 4; Rep. Vadney, Belk. 2

 

COMMITTEE: Public and Municipal Affairs

 

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ANALYSIS

 

This bill requires that no dam located on residential property shall be declared a menace unless local governing body of a municipality where such dam is located votes to declare it such.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0879

08/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to dams on residential property.

 

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

 

1  Menace Dams.  Amend RSA 482:9, III to read as follows:

III.  After receipt of the statement required under paragraph I of this section if the department shall be of the opinion that the proposed dam, if improperly constructed or reconstructed, would be a menace to the public safety, it shall notify the owner or applicant, and, if on a residential property, the local governing body of the municipality in which the dam is located, and the construction or reconstruction of the dam shall not begin until plans and specifications shall have been filed and a permit for construction issued by the department and, if on a residential property, the local governing body has voted to declare such a dam a menace.

2  Menace Dams.  Amend RSA 482:12, I to read as follows:

I.  It shall be the duty of the department from time to time to cause all dams in the state which, by reason of their condition, height, or location, may be a menace to the public safety to be inspected by competent engineers.  If the department suspects that a dam on residential property may be a menace, it shall not declare such dam a menace unless the local governing body of the municipality such dam is located in has also declared such dam a menace by majority vote.  

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

 

LBAO

17-0879

1/18/17

 

SB 172-FN- FISCAL NOTE

as introduced

 

AN ACT relative to dams on residential property.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [ X ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

   Appropriation

$0

$0

$0

$0

   Revenue

Indeterminable

Indeterminable

Indeterminable

Indeterminable

   Expenditures

$0

$0

$0

$0

Funding Source:

  [    ] General            [    ] Education            [    ] Highway           [ X ] Other

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

 

METHODOLOGY:

This bill prohibits the Department of Environmental Services from declaring a newly proposed dam or an existing dam on residential property to be a menance to public safety unless the governing body of the municpality in which the dam is located has declared it a menance.  Current statute allows the Department to declare a dam on private property to be a menance without local approval and require the owner of the dam to undertake the necessary repairs or reconstruction.  Under this bill the Department will not be able to declare a dam on residential property a menance without local approval.  

 

The Department of Environmental Services assumes this bill may decrease state restricted revenue by an indeterminable amount.  The Department currently assesses fees to dam owners based upon the assigned classification hazard ($0 = non-menance, $400 = Low Hazard, $750 = Significant Hazard, and $1,500 = High Hazard).  Revenue is deposited into the nonlapsing and continually appropriated dam maintenance (registration) fund pursuant to RSA 482:55.  If the Department determines an existing or proposed dam is a menance but a local governing body does not agree then state restricted revenue may decrease by an indeterminable amount depending upon the menance or non-menance classification assignment.  The Department states that the proposed legislation engages local governing bodies in making determinations related to assigning hazard ratings to dams and the expectation is that costs associated with document review, site inspections, report assessments, and meetings would be incurred at the local level.         

 

The New Hampshire Municipal Association states this bill will have no impact on local revenue or expenditures.

 

AGENCIES CONTACTED:

New Hampshire Municipal Association and Department of Environmental Services