Revision: Jan. 31, 2024, 2:02 p.m.
Rep. Mazur, Hills. 44
January 22, 2024
2024-0227h
05/08
Amendment to HB 1429-FN-A
Amend the bill by replacing all after the enacting clause with the following:
1 New Section; Department of Environmental Services; Dams; Transfer Procedures. Amend RSA 482 by inserting after section 51 the following new section:
482:51-a Dams; Transfer to Municipality or Association.
I. At least one year prior to removing any state-owned dam, the department shall offer to transfer ownership of the dam and associated property to the municipality in which the dam and impoundment created by it are located. Upon notice by the department, the governing body shall cause the legislative body to answer the question of whether the legislative body wants to accept the transfer of ownership of the dam. At the same meeting, the legislative body shall consider the issuance of any long term debt necessary to effectuate the transfer and address any deficiencies. If the legislative body votes to accept the transfer but denies issuance of the debt, the department shall consider that to be a rejection of the offer. Upon rejection of the offer by the municipality, the department shall offer to transfer ownership of the dam and impoundment created by it to any association of landowners or any interested parties, registered as a public entity in good standing and capable of issuing long term debt which have an interest in perpetuating the dam and its impoundment. Those interested parties shall have 90 days to consider whether to accept the transfer of ownership. After those 90 days have elapsed with no accepted offers for a transfer of ownership, the department may proceed with removal of the dam.
II. The procedure in paragraph I shall not apply if, upon receipt of information reasonably believed to be valid, the commissioner of environmental services believes the dam to be in imminent danger of failure and a threat to the lives and property downstream.
III. When offering a transfer of a dam under paragraph I, the department shall provide to the offerees any existing documentation regarding the dams condition, a good faith estimate of costs of necessary repairs, a list of ongoing maintenance, inspection, or licensing needed, and all other relevant information regarding the costs of taking ownership of the dam with associated property.
IV. The department shall develop by administrative rules under RSA 541-A a process by which municipalities, or other interested parties who are capable of assessing local property taxes or issuing debt, may apply for a loan necessary for the repair and maintenance of non-state-owned dams. Loans shall be funded by moneys in the dam maintenance revolving loan fund established in RSA 482:55-b.
2 New Section; Dam Maintenance Revolving Loan Fund Established. Amend RSA 482 by inserting after section 55-a the following new section:
482:55-b Dam Maintenance Revolving Loan Fund Established.
I. There is established a dam maintenance revolving loan fund to provide loans to fund the maintenance, repair, removal, or improvement of any municipally owned dam, when such maintenance, repair, removal, or improvement is required under this chapter. This fund shall be nonlapsing and shall be continually appropriated to the department for the purposes of RSA 482:51-a. No loans shall be made from this fund until the fund has accrued a balance of at least $2,500,000.
II. Loans made from the fund shall be issued at the discretion of the department of environmental services.
III. A sum equal to up to 5 percent or not more than $200,000 of the balance of the fund each year shall be set aside to pay the department costs of administering the fund. The funds set aside shall be deposited into the dam maintenance fund and shall be continually appropriated to the department exclusively for the purposes of this section and RSA 482:51-a.
IV. The department shall adopt rules for the revolving loan fund including the interest rate charged on loans and oversight of the administration of the fund. In providing loans, the department shall evaluate the risk posed by the dam, the public benefit of the dam, the private benefit of the dam to lakefront owners, the ecological impacts of the dam, the potential for contributions to needed maintenance, repair, or reconstruction, the financial resources of the applicant, and the relative cost of maintaining, repairing, or improving the dam as compared to removing or breaching the dam.
V. Sources of revenue that may be accepted and deposited into the dam maintenance revolving loan fund include:
(a) Any funds that may be appropriated from the general fund;
(b) Principal and interest received from the repayment of loans made from the fund;
(c) Grants and awards made to the state by the federal government for the purpose for which the fund was established;
(d) Interest earned from the investment of fund balances;
(e) Private gifts, bequests, and donations made to the state for the purpose for which the fund was established; and
(f) Any other funds from any public or private source intended to be used for the purpose for which the fund was established.
3 New Subparagraph; Dam Maintenance Revolving Loan Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (394) the following new subparagraph:
(395) Moneys deposited in the dam maintenance revolving loan fund established in RSA 482:55-b.
4 Appropriation; Department of Environmental Services; Dam Maintenance Revolving Loan Fund. The sum of $1 is appropriated to the department of environmental services for deposit in the dam maintenance revolving loan fund established in RSA 482:55-b, for the purpose of providing loans under RSA 482:51-a. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
5 Effective Date. This act shall take effect July 1, 2024.
2024-0227h
AMENDED ANALYSIS
This bill establishes a procedure for the department of environmental services to transfer ownership of a dam and associated property to the municipality in which the dam is located, or to other associations or parties, and includes the authority of the department to make loans from a dam maintenance revolving loan fund.