CHAPTER 193
HB 1339 - FINAL VERSION
04/21/2022 1474s
2022 SESSION
22-2557
08/10
HOUSE BILL 1339
AN ACT relative to the Winnipesaukee River basin control replacement fund.
SPONSORS: Rep. Johnson, Belk. 3; Rep. Silber, Belk. 2; Sen. Bradley, Dist 3
COMMITTEE: Resources, Recreation and Development
─────────────────────────────────────────────────────────────────
ANALYSIS
This bill changes how the Winnipesaukee River basin control replacement fund is capitalized.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/21/2022 1474s 22-2557
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to the Winnipesaukee River basin control replacement fund.
Be it Enacted by the Senate and House of Representatives in General Court convened:
193:1 Winnipesaukee River Basin Control Replacement Fund. Amend RSA 485-A:51 to read as follows:
485-A:51 Replacement Fund Established.
I. There is established a nonlapsing, revolving fund to provide capital for repair and replacement of major components of the water pollution control facilities administered under this subdivision which cannot be absorbed as regular budgetary items. The replacement fund is to be capitalized by contributions from the members served by the facilities based on each member's projected usage of the facilities.
II. The fund shall be capitalized at an amount equal to 5 percent of the value of the equipment and other depreciable assets of the treatment facilities. The value of the equipment and other depreciable assets shall be computed every 5 years, beginning in 1990, and shall be based on current replacement costs.
III. Each member's share of the total fund capital shall be contributed over a period of 10 years after the initial establishment of the fund and shall be paid as a yearly surcharge to the member's operating charges. Thereafter, each member's surcharge shall be prorated as membership and design changes require.
IV. Once a member has fully funded its share of the replacement fund capital, the member shall make no further contributions until the fund is utilized for repair or replacement of a facility used by that member or the asset valuation increases such that the fund capitalization increases as established in paragraphs II and III. [Expenses for which the fund is used shall be proportionally charged against each member's contributions to the fund for the facilities utilizing the fund, which will subsequently be reimbursed by the member in successive years in addition to the member's yearly contribution to the fund, until the member's share of the fund is fully restored.] Following any expenditure from the fund, 50 percent of the expenditure shall be replenished by contributions from those members that utilize the facilities receiving funding based on each member's proportional usages of said facilities, and 50 percent of the expenditure shall be shared among all members using their respective percentage assessment for replacement fund contributions pursuant to paragraph III. The expenditures shall be reimbursed by the members over a 10-year period in addition to the members yearly contribution to the fund until the member's share of the fund is fully restored.
V. If a repair or replacement cost exceeds the value of the fund established for that particular facility, the repair cost shall be paid out of the portion of the fund established for other facilities, [but reimbursement to the fund shall always be assessed back to members based on their projected usage of the facilities needing repair] however, reimbursement to the fund shall always be assessed back to members in accordance with the apportionment set forth in paragraph IV.
VI. As new facilities, if any, are added to the system, additional assessments shall be made to the members benefiting from these facilities, prorated on the basis of projected use.
VII. If a new member joins the system, the assessments shall be modified to reflect the new member's proportional benefit from the facilities, and excess prior payments made by other members, if any, shall be credited to their accounts.
VIII. All contracts paid for using the fund shall be submitted to the governor and council for approval.
IX. This nonlapsing, revolving special purpose fund is continually appropriated to be used by the department in accordance with this subdivision. All moneys shall be deposited with the state treasurer who shall keep this money in a separate fund, notwithstanding RSA 6:12. The state treasurer shall invest the moneys deposited with him as provided by law. Interest received on investments made by the state treasurer shall also be credited to the fund. All such interest shall be added to each member's share of the fund based on each member's contribution to it.
193:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 17, 2022
Effective Date: August 16, 2022
| Date | Body | Type |
|---|---|---|
| Jan. 12, 2022 | House | Hearing |
| Feb. 2, 2022 | House | Exec Session |
| House | Floor Vote | |
| April 12, 2022 | Senate | Hearing |
| April 21, 2022 | Senate | Floor Vote |
June 22, 2022: Signed by Governor Sununu 06/17/2022; Chapter 193; 08/16/2022 HJ 14
June 7, 2022: Enrolled (in recess of) 05/26/2022 HJ 14
June 6, 2022: Enrolled Adopted, VV, (In recess 05/26/2022); SJ 13
May 13, 2022: House Concurs with Senate Amendment (Rep. Harb): MA VV 05/12/2022 HJ 13
April 21, 2022: Ought to Pass with Amendment 2022-1474s, MA, VV; OT3rdg; 04/21/2022; SJ 9
April 21, 2022: Committee Amendment # 2022-1474s, AA, VV; 04/21/2022; SJ 9
April 13, 2022: Committee Report: Ought to Pass with Amendment # 2022-1474s, 04/21/2022; SC 16
April 7, 2022: Hearing: 04/12/2022, Room 103, SH, 02:00 pm; SC 15
April 5, 2022: Introduced 03/31/2022 and Referred to Finance; SJ 8
March 31, 2022: Ought to Pass: MA VV 03/31/2022 HJ 9
March 21, 2022: Committee Report: Ought to Pass (Vote 16-0; CC)
March 18, 2022: Full Committee Work Session: 03/23/2022 10:00 am LOB 202-204
March 18, 2022: Full Committee Work Session: 03/21/2022 10:00 am LOB 202-204
March 14, 2022: Full Committee Work Session: 03/18/2022 10:00 am LOB 202-204
Feb. 17, 2022: Referred to Ways and Means 02/16/2022 HJ 3
Feb. 16, 2022: Ought to Pass: MA VV 02/16/2022 HJ 3
Feb. 8, 2022: Committee Report: Ought to Pass (Vote 21-0; CC)
Feb. 2, 2022: Executive Session: 02/02/2022 10:00 a.m. LOB305-307
Jan. 12, 2022: Public Hearing: 01/12/2022 9:00 a.m. LOB305-307
Nov. 20, 2021: Introduced 01/05/2022 and referred to Resources, Recreation and Development