CHAPTER 142
SB 56-FN - FINAL VERSION
02/09/2023 0404s
06/15/2023 2098EBA
2023 SESSION
23-0993
09/10
SENATE BILL 56-FN
AN ACT relative to payments for restoration of certain jurisdictional resource losses.
SPONSORS: Sen. Watters, Dist 4
COMMITTEE: Energy and Natural Resources
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ANALYSIS
This bill establishes a method for the department of environmental services to determine the compensatory payments for upland resource losses.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/09/2023 0404s
06/15/2023 2098EBA 23-0993
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to payments for restoration of certain jurisdictional resource losses.
Be it Enacted by the Senate and House of Representatives in General Court convened:
142:1 Aquatic Resource Compensatory Mitigation; Fund Established. Amend RSA 482-A:29, I and II to read as follows:
I. There is hereby established the aquatic resource compensatory mitigation fund into which payments made under this subdivision shall be deposited. The fund shall be a separate, nonlapsing fund continually appropriated to the department to be used only as specified in this subdivision for costs related to wetlands creation or restoration, stream and river restoration, stream and river enhancement, restoration or enhancement of any jurisdictional area identified under RSA 482-A:30-b, preservation of upland areas adjacent to wetlands and riparian areas, and the subsequent monitoring and maintenance of such areas.
II. A separate, non-lapsing account shall be established within the fund into which all administrative assessments collected under RSA 482-A:30, III, [and] RSA 482-A:30-a, II, and RSA 482-A:30-b, III shall be placed. Such account moneys shall be used for administration of the fund, including staff, and aquatic resource mitigation related projects.
142:2 New Section; Payment For Other Jurisdictional Losses. Amend RSA 482-A by inserting after section 482-A:30-a the following new section:
482-A:30-b Payment for Other Jurisdictional Resource Losses. For losses to sand dunes, undeveloped portions of duly-established 100-foot buffers of designated prime wetlands, and undeveloped tidal buffer zones, the in-lieu payment shall be the sum of:
I. The cost that would have been incurred if a resource of the same type was restored at the ratios adopted by the department, based on a price of $65,000 per acre of resource area created, to be adjusted at the beginning of the calendar year according to the annual simple rate of interest on judgments established by RSA 336:1;
II. The area of resources impacted, as used in the calculation performed under paragraph I, times the cost of land in the municipality where the impact is occurring as calculated by the total assessed land values in the municipality, as determined by the department of revenue administration, which are equalized, divided by the number of acres in the municipality to yield a per acre equalized land value; and
III. An administrative assessment equal to 20 percent of the amount in paragraphs I and II.
142:3 Effective Date. This act shall take effect upon its passage.
Approved: June 30, 2023
Effective Date: June 30, 2023
| Date | Amendment |
|---|---|
| Feb. 7, 2023 | 2023-0404s |
| June 9, 2023 | 2023-2098EBA |
| Date | Body | Type |
|---|---|---|
| Jan. 17, 2023 | Senate | Hearing |
| Feb. 9, 2023 | Senate | Floor Vote |
| March 9, 2023 | Senate | Floor Vote |
| April 12, 2023 | House | Hearing |
| May 3, 2023 | House | Exec Session |
| May 3, 2023 | House | Floor Vote |
July 11, 2023: Signed by the Governor on 06/30/2023; Chapter 0142; Effective 06/30/2023
June 21, 2023: Enrolled Adopted, VV, (In recess 06/15/2023); SJ 20
June 21, 2023: Enrolled (in recess of) 06/15/2023 HJ 16 P. 15
June 21, 2023: Enrolled Adopted, VV, (In recess 06/15/2023); SJ 20
June 9, 2023: Enrolled Bill Amendment # 2023-2098e Adopted, VV, (In recess of 06/08/2023); SJ 19
June 8, 2023: Enrolled Bill Amendment # 2023-2098e: AA VV (in recess of) 06/08/2023 HJ 15 P. 73
May 18, 2023: Ought to Pass: MA VV 05/18/2023 HJ 14 P. 8
May 10, 2023: Committee Report: Ought to Pass 05/03/2023 (Vote 19-0; CC)
April 26, 2023: Executive Session: 05/03/2023 10:30 am LOB 305-307
April 4, 2023: Public Hearing: 04/12/2023 09:00 am LOB 305-307
March 20, 2023: Introduced (in recess of) 03/16/2023 and referred to Resources, Recreation and Development
March 9, 2023: Ought to Pass: MA, VV; OT3rdg; 03/09/2023; SJ 9
Feb. 22, 2023: Committee Report: Ought to Pass, 03/09/2023; SC 12
Feb. 9, 2023: Ought to Pass with Amendment 2023-0404s, MA, VV; Refer to Finance Rule 4-5; 02/09/2023; SJ 6
Feb. 9, 2023: Committee Amendment # 2023-0404s, AA, VV; 02/09/2023; SJ 6
Feb. 7, 2023: Committee Report: Ought to Pass with Amendment # 2023-0404s, 02/09/2023; SC 9A
Jan. 12, 2023: Hearing: 01/17/2023, Room 103, SH, 09:45 am; SC 6
Jan. 12, 2023: Introduced 01/05/2023 and Referred to Energy and Natural Resources; SJ 4