Revision: March 20, 2024, 2:28 p.m.
Energy and Natural Resources
March 20, 2024
2024-1258s
05/06
Amendment to SB 539-FN-A-LOCAL
Amend the bill by replacing section 1 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. In this section "state-owned dam" means any dam owned exclusively by the department.
II. 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 assessing local property taxes or issuing 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.
III. The procedure in paragraph II 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, or unless there is a compelling environmental interest in removal.
IV. When offering a transfer of a dam under paragraph II, 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.
V. 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 maintenance, repair, removal, or improvement of their non-state-owned dams. Loans shall be funded by moneys in the dam maintenance revolving loan fund established in RSA 482:55-b.
Amend RSA 482:55-b, I as inserted by section 2 of the bill by replacing it with the following:
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 or dam owned by other interested parties who are capable of assessing local property taxes or issuing debt, 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.