SB728 (2020) Detail

Establishing the coastal program administered by the department of environmental services.


SB 728-FN - AS INTRODUCED

 

 

2020 SESSION

20-2756

08/06

 

SENATE BILL 728-FN

 

AN ACT establishing the coastal program administered by the department of environmental services.

 

SPONSORS: Sen. Watters, Dist 4; Sen. Fuller Clark, Dist 21; Sen. Bradley, Dist 3; Sen. Morgan, Dist 23; Sen. Sherman, Dist 24; Rep. Cushing, Rock. 21; Rep. Malloy, Rock. 23; Rep. K. Murray, Rock. 24

 

COMMITTEE: Energy and Natural Resources

 

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ANALYSIS

 

This bill establishes a coastal program to be administered by the department of environmental services.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2756

08/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT establishing the coastal program administered by the department of environmental services.

 

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

 

1  New Chapter; Coastal Program and Fund.  Amend RSA by inserting after chapter 485-G the following new chapter:

CHAPTER 485-H

COASTAL PROGRAM AND FUND

485-H:1  Statement of Policy.  The water and related land resources of New Hampshire's coastal and estuarine environments have significant ecological, commercial, cultural, and recreational values for the state and its citizens.  Therefore, it is the policy of the state to ensure the continued viability and improved resiliency of these environments and communities in which they are located as valued ecologic, economic, public health and safety, and social assets for the benefit of current and future generations.

485-H:2  Program Established.  There is established within the department of environmental services the New Hampshire coastal program to implement 16 U.S.C. section 1452, the Coastal Zone Management Act.  It is the intent of the state to encourage and assist state and federal agencies and coastal zone municipalities in the sustainable use of the land and water resources of the coastal zone giving full consideration to ecological, cultural, historic, and esthetic values as well as the needs for compatible economic development.  The coastal program should encourage and assist to support:

I.  The protection of natural resources, including wetlands, floodplains, coastal and estuarine waters, beaches, sand dunes, and fish and wildlife and their habitat within the coastal zone.

II.  The management of coastal development to minimize the loss of life and property caused by improper development in flood-prone, storm surge, geological hazard, and erosion-prone areas and in areas likely to be affected by or vulnerable to sea level rise, ground water rise, and saltwater intrusion, and by the destruction of natural protective features such as beaches, sand dunes, and wetlands.

III.  The management of coastal development to improve, safeguard, and restore the quality of coastal waters, and to protect natural resources and existing uses of those waters.

IV.  Public access to the coasts for recreation purposes.

V.  The redevelopment of deteriorating urban waterfronts and ports, and sensitive preservation and restoration of historic, cultural, and esthetic coastal features.

VI.  The coordination and simplification of procedures in order to ensure expedited governmental decision making for the management of coastal resources.

VII.  Continued consultation and coordination with, and the giving of adequate consideration to the views of affected state and federal agencies.

VIII.  The giving of timely and effective notification of, and opportunities for, public and local government participation in coastal management decision making.

IX.  Comprehensive planning, conservation, and management for living marine resources, including planning for the siting of pollution control and aquaculture facilities within the coastal zone, and improved coordination between state and federal coastal zone management agencies and state and wildlife agencies.

X.  The study and development of plans for addressing the adverse effects upon the coastal zone in accordance with the updating of storm surge, sea-level rise, precipitation and other relevant projections recommending in the coastal risks and hazards commission 2014 report "Sea-Level Rise, Storm Surges, and Extreme Precipitation in Coastal New Hampshire: Analysis of Past and Projected Trends" in RSA 483-B:22, I.

485-H:3  Federal Consistency.  The coastal program established under this chapter shall be the entity charged with implementing 16 U.S.C section 1456 and 15 C.F.R. Part 930.

485-H:4  Coastal Fund.

I.  There is hereby established in the state treasury the coastal fund which shall be kept distinct and separate from all other funds.  All moneys in the fund shall be nonlapsing and continually appropriated to the department of environmental services for the purposes of this chapter.

II.  The commissioner may apply for and accept, from any source, gifts; donations of money; grants; federal, local, private, and other matching funds and incentives; and interests in land for the purposes of this chapter.  The moneys collected under this paragraph shall be deposited in the fund established under paragraph I.

III.  The commissioner shall make rules relative to the distribution of money from the coastal fund for the New Hampshire coastal program established in RSA 485-H:2.

2  Effective Date.  This act shall take effect July 1, 2020.

 

LBAO

20-2756

1/9/20

 

SB 728-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT establishing the coastal program administered by the department of environmental services.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

Indeterminable

Indeterminable

Indeterminable

   Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

Funding Source:

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

 

 

 

 

 

METHODOLOGY:

This bill establishes a coastal program to be administered by the Department of Environmental Services.  The bill also establishes a nonlapsing dedicated fund continually appropriated to the Department and consisting of funds from any source including gifts; donations of money; grants; federal, local, private, and other matching funds and incentives and interests in land for the purposes of the proposed chapter.

 

AGENCIES CONTACTED:

Department of Environmental Services

 

Links

SB728 at GenCourtMobile
SB728 Discussion

Action Dates

Date Body Type
Feb. 4, 2020 Senate Hearing
March 5, 2020 Senate Floor Vote

Bill Text Revisions

SB728 Revision: 8059 Date: Jan. 16, 2020, 12:54 p.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and Referred to Energy and Natural Resources; SJ 2
Feb. 4, 2020 Hearing: 02/04/2020, Room 103, SH, 09:15 am; SC 5
March 5, 2020 Committee Report: Ought to Pass, 03/05/2020; SC 9
March 5, 2020 Ought to Pass: MA, VV; OT3rdg; 03/05/2020; SJ 5
March 12, 2020 Introduced 03/12/2020 and referred to Resources, Recreation and Development
June 30, 2020 Vacated and Laid on Table MA VV 06/30/2020