Revision: May 24, 2021, 11:08 a.m.
Rep. Renzullo, Hills. 37
May 19, 2021
2021-1573h
08/06
Amendment to SB 146-FN
Amend the bill by replacing section 1, Sponsorship, with the following:
1 Sponsorship. This act consists of the following proposed legislation:
Part I. LSR 21-0255, establishing the coastal program administered by the department of environmental services, sponsored by Sen. Watters, Prime/Dist 4; Sen. Gannon, Dist 23; Sen. Gray, Dist. 6; Sen. Sherman, Dist 24; Sen. Perkins Kwoka, Dist 21; Rep. Edgar, Rock 21; Rep. Spang, Straf 6.
Part II. Extending the deadline for the PFAS firefighting foam take-back program.
Part III. LSR 21-0926, relative to the prevention of zoonotic disease transmission, sponsored by Sen. Watters, Prime/Dist 4; Sen. Sherman, Dist 24; Sen. Bradley, Dist 3; and Rep. Bixby, Straf 17.
Part IV. LSR 21-0927, relative to tidal waters, sponsored by Sen. Watters, Prime/Dist 4; Sen. Sherman, Dist 24; Sen. Perkins Kwoka, Dist 21; Rep. Cushing, Rock 21; and Rep. Simpson, Rock 36.
Part V. LSR 21-0823, establishing a surcharge on certain saltwater licenses and establishing a fund for derelict fishing gear and coastal cleanup, sponsored by Sen. Watters, Prime/Dist 4; Sen. Perkins Kwoka, Dist 21; Sen. Sherman, Dist 24; and Rep. Spang, Straf 6.
Part VI. LSR 21-1062, relative to public use of coastal shorelands, sponsored by Sen. Sherman, Prime/Dist 24; Sen. Soucy, Dist 18; Rep. Murray, Rock 24; and Rep. Cushing, Rock 21.
Part VII. HB 235, addressing impacts to other water users from new sources of water for community water systems, sponsored by Rep. M. Pearson, Rock 34; Rep. Guthrie, Rock 13; Rep. Green, Rock 13; Rep. Welch, Rock 13; Rep. Hobson, Rock 35; Rep. Weyler, Rock 13; Rep. Salloway, Straf 5; and Sen. Birdsell, Dist 19
Amend the bill by replacing Part II with the following:
PART II
Extending the deadline for the PFAS firefighting foam take-back program.
1 Extending the Deadline for PFAS Firefighting Foam Take-Back Program. Amend RSA 154:8-b, VIII to read as follows:
VIII. The department shall survey municipalities throughout the state on the quantitative stock of legacy foams and determine the cost of instituting a take-back program for the purpose of safe and contained disposal. The development and processing of the survey shall be subject to rules adopted by the commissioner of the department of environmental services pursuant to RSA 541-A. On or before December 1, 2020, the department shall submit a report of its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library. Beginning on July 1, [2021] 2023, the department shall institute a take-back program of legacy foams for the purpose of safe and contained disposal.
2 Effective Date. Part II of this act shall take effect upon its passage.
Amend Part III of the bill by replacing section 2 with the following:
2 New Section; Prohibited Import of Animals and Fish; Risk of Zoonotic Disease Transmission. Amend RSA 207 by inserting after section 14-a the following new section:
207:14-b Prohibited Import of Animals and Fish; Risk of Zoonotic Disease Transmission. The fish and game department shall monitor available information on animals and fish, not currently restricted under state and federal wildlife trafficking laws, that if transported into the state, will risk zoonotic disease transmission. The department may consult as needed with the department of health and human services, the state veterinarian, and scientific and educational institutions. The department shall make recommendation to the legislature on any legislation or rules needed for import or other restrictions on identified species, and to the governor if an executive order is deemed necessary.
Amend the bill by replacing Part V with the following:
PART V
Establishing a surcharge on certain saltwater licenses and
establishing a fund for derelict fishing gear and coastal cleanup.
1 New Subparagraph; Application of Receipts; Derelict Fishing Gear and Coastal Cleanup Fund Established. Amend RSA 6:12, I(b) by inserting after subparagraph (364) the following new subparagraph:
(365) Moneys deposited into the derelict fishing gear and coastal cleanup fund established in RSA 211:77.
2 New Paragraph; Litter Control Law; Penalties. Amend RSA 163-B:4 by inserting after paragraph I the following new paragraph:
I-a. Any fines collected under this section for littering in coastal waters or beaches and for abandoning fishing gear shall be credited to the derelict fishing gear and coastal cleanup fund established in RSA 211:77.
3 New Paragraph; Lobsters and Crabs; Surcharge Added. Amend RSA 211:18 by inserting after paragraph III-b the following new paragraph:
III-c. The executive director shall establish a surcharge on each class of license issued under paragraph III-a of not more than $25 nor less than $10 to be deposited in the derelict fishing gear and coastal cleanup fund, established in RSA 211:77, and shall adopt rules for implementing and collecting the surcharge. Any person who satisfactorily demonstrates to the executive director that he or she is participating in a coastal cleanup program shall not be required to pay the surcharge. The executive director shall adopt rules pursuant to RSA 541-A to determine satisfactory participation in a coastal cleanup program and to account for licensees who are exempt from the surcharge each year.
4 Nonresident Commercial Salt Water License; Surcharge Added. Amend RSA 211:49-a, II to read as follows:
II. The fee for an annual license shall be set by the executive director pursuant to RSA 206:10, I. The license shall be for the operator of the boat, vessel, flotation device, or gear, and helpers; provided, however, that helpers shall not be allowed for the taking of sea urchins or scallops by diving. The executive director shall establish a surcharge on each license issued under this section of not more than $25 nor less than $10 to be deposited in the derelict fishing gear and coastal cleanup fund established in RSA 211:77, and shall adopt rules for implementing and collecting the surcharge. Any person who satisfactorily demonstrates to the executive director that he or she is participating in a coastal cleanup program, or the sea urchin or scallop fishery, shall not be required to pay the surcharge. The executive director shall adopt rules pursuant to RSA 541-A to determine satisfactory participation in a coastal cleanup program and to account for licensees who are exempt from the surcharge each year.
5 Resident Commercial Salt Water License; Surcharge Added. Amend RSA 211:49-b, II to read as follows:
II. The fee for such annual license shall be set by the executive director pursuant to RSA 206:10, I. The license shall be for the operator of the boat, vessel, flotation device, or gear, and helpers; provided, however, that helpers shall not be allowed for the taking of sea urchins or scallops by diving. The executive director shall establish a surcharge on each license issued under this section of not more than $25 nor less than $10 to be deposited in the derelict fishing gear and coastal cleanup fund established in RSA 211:77, and shall adopt rules for implementing and collecting the surcharge. Any person who satisfactorily demonstrates to the executive director that he or she is participating in a coastal cleanup program, or the sea urchin or scallop fishery, shall not be required to pay the surcharge. The executive director shall adopt rules pursuant to RSA 541-A to determine satisfactory participation in a coastal cleanup program and to account for licensees who are exempt from the surcharge each year.
6 Aquaculture; Surcharge Added. Amend RSA 211:62-e, II-b to read as follows:
II-b. The executive director shall adopt rules, pursuant to RSA 541-A, for the issuance of 5-year licenses under this section to oyster aquaculture operations in the Great Bay estuary, and the fees, terms, and conditions therefor as authorized under paragraph II-a. The executive director shall establish a surcharge on each license issued under this section of not more than $25 nor less than $10 to be deposited in the derelict fishing gear and coastal cleanup fund established in RSA 211:77, and shall adopt rules for implementing and collecting the surcharge. Any person who satisfactorily demonstrates to the executive director that he or she is participating in a coastal cleanup program shall not be required to pay the surcharge. The executive director shall adopt rules pursuant to RSA 541-A to determine satisfactory participation in a coastal cleanup program and to account for licensees who are exempt from the surcharge each year.
7 New Subdivision; Derelict Fishing Gear and Coastal Cleanup Fund. Amend RSA 211 by inserting after section 76 the following new subdivision:
Derelict Fishing Gear and Coastal Cleanup Fund
211:77 Derelict Fishing Gear and Coastal Cleanup Fund Established. There is hereby established a separate fund to be known as the derelict fishing gear and coastal cleanup fund. The fund shall be administered by the executive director and shall be nonlapsing and continually appropriated to the executive director for the purposes of this section. The executive director shall credit to this fund all federal moneys, state funds appropriated, fines or settlements for derelict fishing gear or other items, and fines for littering in coastal waters or beaches collected under RSA 163-B:4. The executive director may accept and expend all funds, including any gifts, grants, or donations made to the fund. The moneys in the fund shall be used to establish and support new and existing programs to retrieve and dispose of derelict fishing gear, to conduct periodic coastal cleanup programs for the removal of derelict fishing gear and marine trash, and to support recycling efforts for fishing gear and other marine trash. In this section, "derelict fishing gear" means lost, discarded, or abandoned fishing gear.
I. Sections 3-6 of part V of this act shall take effect January 1, 2022.
II. The remainder of part V of this act shall take effect upon its passage.
Amend the bill by inserting after Part VI the following:
PART VII
Addressing impacts to other water users from new sources of water for community water systems.
1 New Section; Small Groundwater Withdrawals. Amend RSA 485-C by inserting after section 25 the following new section:
485-C:26 Groundwater Withdrawals Less than 57,600 Gallons Over Any 24-Hour Period for Community Water Systems. The department shall adopt rules pursuant to RSA 541-A specifying criteria and procedures to ensure a groundwater withdrawal less than 57,600 gallons over any 24-hour period from a new source of water for a community water system as defined by RSA 485:1-a and subject to RSA 485:8 does not cause an unmitigated impact to an existing private water supply well in accordance with RSA 485-C:21, V-c(a) or RSA 485-C:21, V-c(c).
2 Effective Date. Part VII of this act shall take effect 60 days after its passage.
2021-1573h
AMENDED ANALYSIS
This bill adopts legislation relative to:
I. Establishing the coastal program administered by the department of environmental services.
II. Establishing a statewide solid waste disposal reduction goal.
III. The prevention of zoonotic disease transmission.
IV. Tidal waters.
V. Establishing a surcharge on certain saltwater licenses and establishing a fund for derelict fishing gear and coastal cleanup.
VI. Public use of coastal shorelands.
VII. Addressing impacts to other water users from new sources of water for community water systems.