SB 164-FN-LOCAL - AS AMENDED BY THE SENATE
02/22/2023 0554s
2023 SESSION
23-1042
08/05
SENATE BILL 164-FN-LOCAL
AN ACT relative to consideration of biodiversity in the land and community heritage investment program.
SPONSORS: Sen. Watters, Dist 4; Sen. Perkins Kwoka, Dist 21; Sen. Avard, Dist 12; Sen. Altschiller, Dist 24; Sen. Fenton, Dist 10; Rep. Bixby, Straf. 13; Rep. Read, Rock. 10
COMMITTEE: Energy and Natural Resources
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AMENDED ANALYSIS
This bill defines biodiversity and requires its inclusion in the land and community heritage investment program.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/22/2023 0554s 23-1042
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to consideration of biodiversity in the land and community heritage investment program.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings. The general court finds:
I. There is an average 69 percent decline in global populations of mammals, fish, birds, reptiles, and amphibians since 1970 including the loss of nearly 3,000,000,000,000 birds in North America since 1970, and 1,000,000 animal and plant species are now threatened with extinction.
II. Invasive species and warming temperatures pose a threat to the biodiversity of New Hampshire.
III. Three-quarters of the land-based environment and roughly 66 percent of the ocean environment have been significantly altered. More than a third of the world's land surface and nearly 75 percent of freshwater resources are now devoted to crop or livestock production. Climate change and pollution worsen the impact of other stressors on nature and our well-being.
IV. The people of the state of New Hampshire, including future generations, deserve a clean, healthy, and biodiverse environment, including pure water, clean air, natural beauty, healthy ecosystems and a stable climate, necessary for the preservation of the natural, cultural, scenic and healthful qualities of the environment.
V. Ecosystem services of a biodiverse environment benefit New Hampshire citizens, so the state of New Hampshire recognizes the need to maintain biodiversity and to enhance its capacity to adapt to change and provide for the needs of future generations. New Hampshire recognizes the responsibility to develop and utilize these resources in a manner consistent with their conservation and biodiversity.
VI. The state, including each branch, agency, and political subdivision, recognizes their roles as trustees of the natural resources of the state, among them its waters, air, flora, fauna, climate, and public lands. The state recognizes the duty to conserve, protect, and maintain these resources for the benefit of all the people, including generations yet to come.
2 New Paragraph; Land and Community Heritage Investment Authority; Definitions; Biodiversity. Amend RSA 227-M:2 by inserting after paragraph I the following new paragraph:
I-a. "Biodiversity" means all of the species, including plants, bacteria, animals, and humans in a particular region, habitat, or ecosystem, that work together to maintain balance and support life. Biodiversity includes the variability among living organisms from all sources including terrestrial, marine, and other aquatic ecosystems and the ecological complexes of which they are a part, including variation in genetic, phenotypic, phylogenetic, and functional attributes, as well as changes in abundance and distribution over time and space within and among species, biological communities, and ecosystems.
3 Definition; Easement Interests; Biodiversity Added. Amend RSA 227-M:2, IV to read as follows:
IV. "Easement interests" means conservation, including biodiversity, historic preservation, or scenic easements, development rights, or any other similar protective interest in real property held in perpetuity, or a term easement that is held for a specific period of time and not in perpetuity as part of a farm viability program.
4 Definition; Eligible Resource. Amend RSA 227-M:2, V to read as follows:
V. "Eligible resource" means a natural, cultural, or historical resource including archaeological sites; historic buildings and structures which house cultural events and programs; historic properties including buildings and structures; historic and cultural lands and features; ecologically significant lands; biodiverse areas; existing and potential public water supply lands; farmland; forestland; habitat for rare species or important wildlife; wildlife corridors and habitat strongholds as defined in RSA 207:1; lands for recreation; riverine, lake, estuarine, and ocean shorelands; scenic areas and viewsheds; and wetlands and associated uplands.
5 Effective Date. This act shall take effect 60 days after its passage.
23-1042
Amended 3/6/23
SB 164-FN-LOCAL- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2023-0554s)
AN ACT relative to consideration of biodiversity in the land and community heritage investment program.
FISCAL IMPACT: [ ] State [ ] County [ ] Local [ X ] None
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METHODOLOGY:
This bill defines biodiversity and requires its inclusion in the land and community heritage investment program. The Office of Legislative Budget Assistant states this bill has no fiscal impact on state, county, and local expenditures or revenue.
AGENCIES CONTACTED:
Land and Community Heritage Investment Program
| Date | Amendment |
|---|---|
| Feb. 16, 2023 | 2023-0554s |
| Date | Body | Type |
|---|---|---|
| Jan. 31, 2023 | Senate | Hearing |
| Feb. 23, 2023 | Senate | Floor Vote |
| April 19, 2023 | House | Hearing |
| May 3, 2023 | House | Exec Session |
| May 3, 2023 | House | Floor Vote |
Oct. 27, 2023: Died on Table, Session ended 10/26/2023 HJ 18
May 18, 2023: Lay SB164 on Table (Rep. Vail): MA VV 05/18/2023 HJ 14 P. 14
May 9, 2023: Minority Committee Report: Ought to Pass
May 9, 2023: Majority Committee Report: Inexpedient to Legislate 05/03/2023 (Vote 16-4; RC)
April 26, 2023: Executive Session: 05/03/2023 10:30 am LOB 305-307
April 12, 2023: Public Hearing: 04/19/2023 01:00 pm LOB 305-307
March 20, 2023: Introduced (in recess of) 03/16/2023 and referred to Resources, Recreation and Development
Feb. 22, 2023: Ought to Pass with Amendment 2023-0554s, MA, VV; OT3rdg; 02/22/2023; SJ 8
Feb. 22, 2023: Committee Amendment # 2023-0554s, AA, VV; 02/22/2023; SJ 8
Feb. 16, 2023: Committee Report: Ought to Pass with Amendment # 2023-0554s, 02/22/2023; Vote 5-0; CC; SC 11
Jan. 25, 2023: Hearing: 01/31/2023, Room 103, SH, 09:45 am; SC 8
Jan. 20, 2023: Introduced 01/19/2023 and Referred to Energy and Natural Resources; SJ 5