Revision: Feb. 7, 2023, 4:26 p.m.
Energy and Natural Resources
February 7, 2023
2023-0404s
09/08
Amendment to SB 56-FN
Amend the title of the bill by replacing it with the following:
AN ACT relative to payments for restoration of certain jurisdictional resource losses.
Amend the bill by replacing all after the enacting clause with the following:
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.
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 a 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.
3 Effective Date. This act shall take effect upon its passage.