Bill Details - SB528 (2018)

SB 528-FN-LOCAL - AS AMENDED BY THE SENATE

 

02/01/2018   0268s

03/15/2018   1073s

 

2018 SESSION

18-2831

08/06

 

SENATE BILL 528-FN-LOCAL

 

AN ACT relative to dam registration fees and relative to permit fees for constructing or reconstructing a dam.

 

SPONSORS: Sen. Bradley, Dist 3; Sen. Feltes, Dist 15; Rep. Danielson, Hills. 7; Rep. Rosenwald, Hills. 30; Rep. Spang, Straf. 6

 

COMMITTEE: Energy and Natural Resources

 

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ANALYSIS

 

This bill increases the annual registration fee for dams.

 

This bill is a request of the department of environmental services.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/01/2018   0268s

03/15/2018   1073s 18-2831

08/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to dam registration fees and relative to permit fees for constructing or reconstructing a dam.

 

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

 

1  Dams; Annual Registration Fee.  Amend RSA 482:8-a to read as follows:

482:8-a  Annual Registration Fee.  Annual registration fees for dams shall be payable to the department on January 1 of each calendar year.  Yearly dam registration fees shall be based on classification as follows: Low hazard potential = [$400] $500; Significant hazard potential = [$750] $1,000; High hazard potential = [$1,500] $2,000.  If the hazard classification designated by the Federal Energy Regulatory Commission for a dam differs from the classification designated by the department, the annual dam registration fees shall be based on the classification designated by the Federal Energy Regulatory Commission except that a dam which is classified as a non-menace dam by the department shall be exempt from the annual dam registration fee for as long as the dam is classified by the department as a non-menace dam. Revenues from this annual registration are to be collected by the department and deposited in the dam maintenance fund established in RSA 482:55 to be used for the inspection of dams.

2  Dams; Reconstruction Permits.  Amend RSA 482:9, II to read as follows:

II.  The filing of the statement required by paragraph I or an application required by RSA 482:5 shall be accompanied by a fee for each statement or application filed.  The fee shall be deposited in the dam maintenance fund established in RSA 482:55 to be used for the permitting of dams. The fee shall be as follows:

(a)  Non-hazard potential dam [$2,000] $2,500

(b)  Low hazard potential dam [$3,000] $3,500

(c)  Significant hazard potential dam [$4,000] $5,000

(d)  High hazard potential dam [$4,000] $6,000

3  Effective Date.  This act shall take effect July 1, 2019.

 

LBAO

18-2831

Amended 3/19/18

 

SB 528-FN-LOCAL- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2018-1073s)

 

AN ACT relative to dam registration fees and relative to permit fees for constructing or reconstructing a dam.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$166,600

$166,600

$166,600

   Expenditures

$0

$46,400

$46,400

$46,400

Funding Source:

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

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

$53,900

$53,900

$53,900

 

METHODOLOGY:

This bill increases the annual registration fees for dams and increases the application fee for permits to construct or reconstruct a dam.  The Department of Environmental Services provided the following information on dam registrations and the impact of increasing the annual fees.

Category of

Hazard Classification

Total

Owner

Low

Significant

High

Local

104

66

41

211

State

84

32

52

168

Private

313

56

30

399

Total Dams

501

154

123

778

Current Rate

$400

$750

$1,500

 

Proposed Rate

$500

$1,000

$2,000

 

Rate Increase

$100

$250

$500

 

Revenue Increase

$50,100

$38,500

$61,500

$150,100

 

The Department also provided the following information on construction and reconstruction permits for the past five years from 2012 through 2016.

Category of

Number of Permits by Hazard Class

Total

Dam Owner

Non-Menace

Low

Significant

High

Permits

Local

1

7

5

9

22

State

1

3

3

4

11

Private

13

15

1

0

29

TOTAL

15

25

9

13

62

 

Annual Average number and distribution of permits based on the 5-year information above and impact of the proposed fee increases.

Category of

Number of Permits by Hazard Class*

Total

Dam Owner

Non-Menace

Low

Significant

High

Permits

Local

1

2

1

2

6

State

1

1

1

1

4

Private

3

3

1

1

8

Average Annual # Permits

5

6

3

4

18

Current Rate

$2,000

$3,000

$4,000

$4,000

 

Proposed Rate

$2,500

$3,500

$5,000

$6,000

 

Rate Increase

$500

$500

$1,000

$2,000

 

Average Annual Increase

$2,500

$3,000

$3,000

$8,000

$16,500

*The number of permits are rounded in some cases.

 

Based on the information above, the Department calculated the average increase in annual revenue would be $166,600.  State agencies owning dams include: Environmental Services, Transportation, Natural and Cultural Resources and the Veterans Home.  Estimated annual expenditures for those agencies combined would increase by $42,400 due to the registration fee increases and $4,000 for construction and reconstruction fee increases.  Based on historical registrations and permit for locally-owned dams, the Department estimated local expenditures would increase by $47,400 for registrations and $6,500 for reconstruction permits.

 

AGENCIES CONTACTED:

Department of Environmental Services

 

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and Referred to Energy and Natural Resources; SJ 2
Jan. 23, 2018 Hearing: 01/23/2018, Room 103, SH, 09:30 am; SC 3
Feb. 1, 2018 Committee Report: Ought to Pass with Amendment # 2018-0268s, 02/01/2018; SC 5
Feb. 1, 2018 Committee Amendment # 2018-0268s, AA, VV; 02/01/2018; SJ 3
Feb. 1, 2018 Ought to Pass with Amendment 2018-0268s, RC 17Y-6N, MA; Refer to Finance Rule 4-5; 02/01/2018; SJ 3
March 15, 2018 Committee Report: Ought to Pass with Amendment # 2018-1073s, 03/15/2018; SC 12A
March 15, 2018 Committee Amendment # 2018-1073s, AA, VV; 03/15/2018; SJ 8
March 15, 2018 Ought to Pass with Amendment 2018-1073s, MA, VV; OT3rdg; 03/15/2018; SJ 8
March 15, 2018 Introduced 03/15/2018 and referred to Resources, Recreation and Development HJ 8 P. 70
March 27, 2018 Public Hearing: 03/27/2018 10:40 AM LOB 305
March 27, 2018 Executive Session: 03/27/2018 LOB 305
April 5, 2018 Committee Report: Refer for Interim Study for 04/05/2018 (Vote 10-8; RC) HC 13 P. 8
Committee Report: Refer for Interim Study (Vote 10-8; RC)
April 5, 2018 Refer for Interim Study: MA DV 191-149 04/05/2018 HJ 11 P. 16

Action Dates

Date Body Type
Jan. 23, 2018 Senate Hearing
Feb. 1, 2018 Senate Floor Vote
March 15, 2018 Senate Floor Vote
March 27, 2018 House Hearing
March 27, 2018 House Exec Session

Bill Text Revisions

SB528 Revision: 2899 Date: Jan. 9, 2018, 8:37 a.m.
SB528 Revision: 3031 Date: Feb. 2, 2018, 3:30 p.m.
SB528 Revision: 3258 Date: March 12, 2018, 5:18 p.m.
SB528 Revision: 3290 Date: March 20, 2018, 10:03 a.m.