Revision: Feb. 5, 2019, 2:06 p.m.
SB 285-FN - AS INTRODUCED
2019 SESSION
19-1071
08/05
SENATE BILL 285-FN
AN ACT establishing a coastal resilience and economic development program.
SPONSORS: Sen. Watters, Dist 4; Sen. Sherman, Dist 24; Sen. Fuller Clark, Dist 21; Sen. Morgan, Dist 23; Sen. Kahn, Dist 10; Rep. Cushing, Rock. 21; Rep. Somssich, Rock. 27
COMMITTEE: Energy and Natural Resources
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ANALYSIS
This bill:
I. Allows municipalities to unify as a result of a climate change emergency.
II. Allows municipalities to create revitalization districts as a result of a climate change emergency.
III. Creates coastal resilience and cultural and historic reserve district.
IV. Creates a coastal resilience and historic reserve district fund.
V. Creates a coastal resilience and historic reserve commission.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19-1071
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT establishing a coastal resilience and economic development program.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings. It is the policy of the state of New Hampshire to support municipalities in the coastal and Great Bay Estuary Region to prepare for sea-level rise, storm surge, and extreme precipitation.
2 New Section; Climate Emergency Municipal Unification. Amend RSA 31 by inserting after section 9-c the following new section:
31:9-d Climate Emergency Municipality Unification.
I. As a result of sea-level rise, storm surge, and extreme precipitation events, or in anticipation of such events as projected by The Coastal Risk and Hazards Commission final report, “Preparing New Hampshire for Projected Storm Surge, Sea-Level Rise, and Extreme Precipitation, and subsequent Science and Technical Advisory Panel reports under RSA 483-B:22, a municipality may declare a climate emergency and engage in planning for municipality cooperation and for municipal unification. Municipal unification may include the creation of a new municipality incorporating the existing boundaries of such municipalities and the creation of a new, unified governing body. During this process a municipality may declare certain lands as no longer inhabitable or served by municipal resources, and the abandonment of public roadways. Municipal unification shall be approved by legislation by the general court.
II. Any municipalities may adopt unification by following the procedures in this section.
III. In a town, other than a town that has adopted a charter pursuant to RSA 49-D, the question shall be placed on the warrant of a special or annual town meeting, by the governing body or by petition under RSA 39:3.
IV. In a city or town that has adopted a charter under RSA 49-C or RSA 49-D, the legislative body may consider and act upon the question in accordance with its normal procedures for passage of resolutions, ordinances, and other legislation. In the alternative, the legislative body of such municipality may vote to place the question on the official ballot for any regular municipal election.
V. If a majority of those voting on the question vote "yes," the municipality may unify, subject to the provisions of paragraphs I and VII of this section.
VI. If the question is not approved, the question may later be voted on according to the provisions of paragraph III or IV of this section, whichever applies.
VII. The local governing body of any municipality that has unified may consider rescinding its action in the manner described in paragraph III or IV of this section, whichever applies.
3 New Section; Joint Municipal Development and Revitalization Districts. Amend RSA 162-K by inserting after section 15 the following new section:
162-K:16 Joint Municipal Development and Revitalization Districts. Municipalities may jointly establish a municipal development and revitalization district that may include land within one or both municipalities using the procedures in this chapter. In such districts, if a business moves from one municipality into another in a shared district due to sea-level rise, storm surge, or extreme precipitation, the municipality of origin may retain benefit from property tax assessment on said business, as determined by the agreement establishing the district.
4 New Subdivision; Coastal Resilience and Cultural and Historic Reserve Districts. Amend RSA 12-A by inserting after section 67 the following new subdivision:
Coastal Resilience and Cultural and Historic Reserve Districts
12-A:68 Coastal Resilience and Cultural and Historic Reserve District. Municipalities, regional planning commissions, and state agencies may identify lands deemed suitable as a reserve of sufficient elevation and distance from tidal and riverine waters for historic properties and other historic and cultural resources including historic burying grounds. The acquisition of land and the acquisition, removal, restoration, and placement of such resources may be funded by municipal funding, including bonding, private and non-profit donations, funding from the land and community heritage investment trust program established RSA 227-M:7, the conservation number plate fund established in RSA 261:97-b, and funding from the state and federal government. Such districts may be established as a municipal or regional development and revitalization district.
12-A:69 Coastal Resilience and Historic Reserve District Fund. There is established a nonlapsing fund to be known as the coastal resilience and historic reserve district fund in the department of natural and cultural resources. The fund shall be used for the acquisition of land and the acquisition, removal, restoration, and placement of historic properties and other historic and cultural resources including historic burying grounds in danger of flooding from tidal and riverine waters. The fund shall be managed by the coastal resilience and historic reserve district commission established in RSA 12-A:70.
12-A:70 Commission Established.
I. The coastal resilience and historic reserve district commission is established. The members of the commission shall be as follows:
(a) One representative of the Rockingham planning commission, selected by its director.
(b) One representative of the Strafford regional planning commission, selected by its director.
(c) One representative of each town or city that borders the Great Bay or Atlantic Ocean, appointed by that town or city's governing body.
(d) One member of the senate, appointed by the senate president.
(e) One member of the New Hampshire Municipal Association, appointed by its president.
(f) A representative of the division of historic resources, appointed by its director.
(g) Three representatives of non-profits museums, historic properties, and historic associations in the seacoast and Great Bay Estuary regions, appointed by the governor.
(h) A representative of Historic New England, appointed by its president.
(i) A representative of the New Hampshire Old Graveyard Association, appointed by its president.
(j) A representative of the Southeastern Land Trust, appointed by its president.
(k) A representative of the department of fish and game, appointed by the director.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
III. The commission shall:
(a) Identify suitable lands for the district.
(b) Develop procedures for the creation and management of the district.
(c) Solicit funding for and manage the coastal resilience and historic reserve district commission fund.
(d) Develop policies governing the acquisition and removal of properties to the district.
(e) Develop cooperative agreements with municipalities, regional planning commissions, and others, in the establishment of any related municipal or regional development revitalization district incorporating the coastal resilience and historic reserve district commission.
5 New Section; Regional Planning Commissions; Bonding Authority. Amend RSA 36 by inserting after section 49 the following new section:
36:50 Bonding Authority. The Rockingham planning commission and the Strafford regional planning commission, as a result of sea-level rise, storm surge, and extreme precipitation events, or in anticipation of such events as projected by The Coastal Risk and Hazards Commission final report, “Preparing New Hampshire for Projected Storm Surge, Sea-Level Rise, and Extreme Precipitation, and subsequent Science and Technical Advisory Panel reports under RSA 483-B:22, may establish a coastal resilience fund, to be funded by contributions from municipalities or by bonds, to address current and future regional needs for projects such as, but not limited to, road projects, shared municipal facilities, including wastewater treatment and wastewater systems, and other coastal mitigation and protection projects. Municipalities may jointly establish projects for the purpose of addressing sea-level rise, storm surge, and extreme precipitation events or projected events and establish a common bonding authority under RSA 33.
6 Purpose Of Bonds or Notes; Coastal Resilience and Economic Development Program Included. Amend RSA 33:3 to read as follows:
33:3 Purpose of Issue of Bonds or Notes. A municipality or county may issue its bonds or notes for the acquisition of land, for economic development, for planning relative to public facilities, for the construction, reconstruction, alteration, and enlargement or purchase of public buildings, for other public works or improvements, or for the financing of improvements, of a permanent nature including broadband infrastructure as defined in RSA 38:38, I(e), to serve any location within a municipality unserved by broadband as defined in RSA 38:38, I(c) for the purchase of departmental equipment of a lasting character, [and] for the payment of judgments and including projects in the coastal resilience and economic development program established in RSA 12-A:68. The issuance of such bonds or notes shall include, but not be limited to, public-private partnerships involving capital improvements, loans, financing, and guarantees. The public benefit in any public-private partnership must outweigh any benefit accruing to a private party. Bonds or notes for the purposes of economic development may be issued only after the governing body of the municipality or county has held hearings and presented the public benefit findings to the public and after such issuance has been approved by the legislative body. A municipality or county shall not issue bonds or notes to provide for the payment of expenses for current maintenance and operation except as otherwise specifically provided by law.
7 New Subdivision; Coastal Risk and Hazards Preparedness. Amend RSA 228 by inserting after section 115 the following new subdivision:
Coastal Risk and Hazards Preparedness
228:116 Coastal Risk and Hazards Preparedness. The department of transportation shall establish procedures for the redesign, reconstruction, and potential abandonment of state highways resulting from sea-level rise, storm surge, and extreme precipitation events, or in anticipation of such events as projected by The Coastal Risk and Hazards Commission final report, “Preparing New Hampshire for Projected Storm Surge, Sea-Level Rise, and Extreme Precipitation, and subsequent Science and Technical Advisory Panel reports under RSA 483-B:22. Such procedures shall include the criteria by which affected roadways will be identified and adopted for inclusion in this process. It shall coordinate procedures with affected communities, the Rockingham planning commission, the Strafford regional planning commission, the department of economic development, and with business, real estate, tourism, and other affected economic interests. The process shall also consider mitigation policies and potential funding for owners of affected properties served by such roadways. The final approval for such projects shall be through the New Hampshire legislature, and any funding shall be including in the Ten-Year Highway Plan.
8 New Subparagraph; Coastal Resilience and Historic Reserve District Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (343) the following new subparagraph:
(344) Moneys deposited in the coastal resilience and historic reserve district fund established in RSA 12-A:69.
9 Repeal. The following are repealed:
I. RSA 12-A:69 relative to the coastal resilience and historic reserve district fund.
II. RSA 12-A:70 relative to the coastal resilience and historic reserve district commission.
III. RSA 6:12, I(b)(344) relative to the coastal resilience and historic reserve district fund.
I. Section 9 of this act shall take effect November 1, 2029.
II. The remainder of this act shall take effect 60 days after its passage.
19-1071
Revised 2/5/19
SB 285-FN- FISCAL NOTE
AS INTRODUCED
AN ACT establishing a coastal resilience and economic development program.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| |||
| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ X ] Highway [ X ] Other - Coastal Resilience and Historic Reserve District Fund and federal funds | |||
METHODOLOGY:
This bill allows for the unification of municipalities and redrawing municipal boundaries and the establishment of joint municipal development and revitalization districts in response to climate emergencies. Coastal Resilience and Cultural and Historic Reserve Districts may be established by municipalities, regional planning commissions, and state agencies to acquire land and other resources and remove, restore and place such resources as needed. Districts may be funded by municipal funds, including bonding, private and non-profit donations, the Land and Community Heritage Investment Program, the Conservation Number Plate Fund, and state and federal funds. For this purpose, a nonlapsing Coastal Resilience and Historic Reserve District Fund is established in the Department of Natural and Cultural Resources (DNCR) and managed by a new Coastal Resilience and Historic Reserve District Commission. The Department of Transportation (DOT) is required to establish procedures for the redesign, reconstruction and potential abandonment of state highways and coordinate plans with local affected communities, planning commissions, and other economic and business interests. The Legislature shall approve such projects and any funding shall be included in the Ten-Year Highway Plan.
DNCR states that one staff member will serve on the new commission and technical assistance by the Division of Historical Resources will be necessary to ensure that historical properties are treated appropriately. Depending on funding sources, regulatory reviews and ongoing monitoring by the Division may also be required. The Department is unable to estimate the fiscal impact due to unknown specific actions and responses to weather-related events, commission decisions and possible funding sources and amounts.
The New Hampshire Municipal Association states the bill itself has no effect on municipal revenues or expenditures. Only voluntary actions as authorized by the legislation will have any effect on municipal finances.
The Department of Transportation states highway and/or federal transportation funds could be used for acquisition of land and for relocation of historic resources. The Department identified additional staff needs for the new responsibilities and the use of highway funds for these purposes. Overall costs associated with project delivery and design modifications are indeterminable at this time but could add approximately 0.1% to the overall cost of projects statewide for the 2019-2028 Ten-Year Plan as follows (25% highway/75% federal):
| FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Civil Engineer IV | $86,000 | $90,000 | $94,000 | $99,000 |
Civil Engineer II | $71,000 | $74,000 | $78,000 | $81,000 |
Admin. Support | $8,000 | $8,200 | $8,700 | $9,000 |
0.1% Project Add‐On | $426,460 | $392,300 | $353,320 | $368,334 |
TOTAL | $591,460 | $564,500 | $534,020 | $557,334 |
AGENCIES CONTACTED:
Department of Natural and Cultural Resources, New Hampshire Municipal Association and Department of Transportation