SB 549-FN - AS AMENDED BY THE SENATE
02/15/2024 0567s
2024 SESSION
24-3122
10/08
SENATE BILL 549-FN
SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Avard, Dist 12; Sen. Soucy, Dist 18; Sen. Watters, Dist 4; Sen. Rosenwald, Dist 13; Sen. Altschiller, Dist 24; Sen. Birdsell, Dist 19; Sen. Fenton, Dist 10; Sen. Chandley, Dist 11; Rep. McConkey, Carr. 8; Rep. Cloutier, Sull. 6
COMMITTEE: Energy and Natural Resources
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ANALYSIS
This bill modifies dam inspection authority for the department of environmental services, allows the department to deposit certain dam transfer revenue into the dam maintenance fund, and establish a committee to study alternatives for funding the operation, maintenance and repair of state-owned dams.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/15/2024 0567s 24-3122
10/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Department of Environmental Services; Dam Inspection. Amend RSA 482:12, I to read as follows:
I. It shall be the duty of the department from time to time to cause all dams in the state which, by reason of their condition, height or location, may be a menace to the public safety to be inspected by competent engineers. A dam that is classified as a non-menace structure as of February 20, 1981 shall retain such status until (a) the department determines conditions downstream have changed since the dam was classified that warrant reclassification [or until such], [reconstruction of the dam is needed requiring a] (b) an application for a permit to reconstruct the dam is received by the department, or (c) the department determines that the dam does not meet the current design criteria consistent with the hazard classification that would be assigned as a result of the impacts of dam failure.
2 Dam Maintenance; Hydro Funds. Amend RSA 481:32 to read as follows:
481:32 Hydro Funds.
I. Revenue to the state resulting from the leasing, sale, or transfer of state-owned dams [for hydroelectric generation] shall be credited to the fund established in RSA 482:55 for the purpose of the retirement of bonds and notes authorized by RSA 482:56.
II. Notwithstanding any other provision of law, the department may transfer to this fund [such gifts and grants] other funds as it may from time to time receive, together with any surplus revenue held by the department and derived from its management of water resources properties.
III. Any amount of revenue over and above the amount required to retire said bonds shall be credited to the dam maintenance fund for the repair and reconstruction of other state-owned dams, authorized by the legislature and with the approval of governor and council, or for work on properties associated with state-owned dam sites.
3 Study Committee Established; Repair of State-Owned Dams. There is established a committee to study alternatives for funding the operation, maintenance, and repair of state-owned dams.
I. The members of the committee shall be as follows:
(a) One member of the senate, appointed by the president.
(b) Three members of the house of representatives, appointed by the speaker of the house, one of whom shall be a member of the finance committee, one of whom shall be a member of the fish and game committee, and one of whom shall be a member of the resources, recreation, and development committee.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
III. The committee shall study the need for the operation, maintenance and repair of state-owned dams, the existing funding sources for the operation, maintenance and repair of state-owned dams including capital appropriations, the state’s hydro-lease program, established under RSA 481:32, the state dam maintenance fund, established under RSA 482, and water user contracts, established under RSA 481. The committee shall develop recommendations for the continued operation, maintenance and repair of state-owned dams and options for funding the state dam maintenance fund.
IV. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.
V. The committee shall report its findings and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2024.
4 Effective Date. This act shall take effect upon its passage.
24-3122
Amended 2/20/24
SB 549-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2024-0567s)
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | Indeterminable | Indeterminable | Indeterminable | ||
Revenue Fund(s) | Dam Registration Fund
| |||||
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable | ||
Funding Source(s) | Dam Registration Fund
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Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None
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• Does this bill provide sufficient funding to cover estimated expenditures? [X] No • Does this bill authorize new positions to implement this bill? [X] No | ||||||
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Estimated Political Subdivision Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable | ||
METHODOLOGY:
This bill modifies dam inspection authority for the Department of Environmental Services, allows the Department to deposit certain dam transfer revenue into the dam maintenance fund, and establishes a committee to study alternatives for funding the operation, maintenance and repair of state-owned dams.
The Department of Environmental Services states, under current law, owners of non-menace dams are exempt from paying an annual dam registration fee. Owners of low hazard, significant hazard, and high hazard dams pay an annual registration fee. If a dam remains classified as non-menace, the owner pays no fee and the Department receives no revenue to inspect the dam. If a dam is reclassified, the owner pays the annual fee corresponding to the new classification.
The Department indicates the bill would amend RSA 481:32(I) to clarify the type of revenue to be deposited into the Dam Maintenance Fund. Currently revenue from the lease of state-owned hydropower dams is be deposited into the fund. The bill would allow revenue from a sale or transfer any state-owned dam (not just hydroelectric generating dams) to be deposited into the fund. The bill also amends RSA 481:32 (II) to broaden the type of funds to "other funds" (not just gifts and grants) that can be deposited into the fund. The Department states the impact on state expenditures and revenue from this proposed change cannot be determined.
The Department assumes some state-owned dams may be reclassified as a result of the bill and there could be changes in state expenditures and revenue. For reclassifications made to non-state-owned dams, the dam owner would pay the annual dam registration fee associated with the new classification. These fees would be deposited into the Dam Registration Fund. The range of additional annual revenue could be from $0 to several thousand dollars depending on the annual number of dams reclassified. The Department does not anticipate additional expenditures related to the dam safety program.
Regarding the impact on local expenditures, the bill could affect dams owned by local governing bodies. Some of these dams may be reclassified and local expenditures could be impacted. The range of expenditures could be from $0 to several thousand dollars depending on the number of dams reclassified. The Department does not expect any impact on county or local revenue.
It is assumed that any fiscal impact would occur after FY 2024.
AGENCIES CONTACTED:
Department of Environmental Services
| Date | Amendment |
|---|---|
| Feb. 8, 2024 | 2024-0567s |
| Date | Body | Type |
|---|---|---|
| Jan. 30, 2024 | Senate | Hearing |
| Feb. 15, 2024 | Senate | Floor Vote |
| April 10, 2024 | House | Hearing |
| April 24, 2024 | House | Exec Session |
April 12, 2024: Executive Session: 04/24/2024 10:00 am LOB 305
April 5, 2024: Public Hearing: 04/10/2024 02:30 pm LOB 305-307
March 2, 2024: Introduced (in recess of) 02/22/2024 and referred to Resources, Recreation and Development
Feb. 15, 2024: Ought to Pass with Amendment 2024-0567s, MA, VV; OT3rdg; 02/15/2024; SJ 4
Feb. 15, 2024: Committee Amendment # 2024-0567s, AA, VV; 02/15/2024; SJ 4
Feb. 8, 2024: Committee Report: Ought to Pass with Amendment # 2024-0567s, 02/15/2024; Vote 5-0; CC; SC 7
Jan. 24, 2024: Hearing: 01/30/2024, Room 103, SH, 09:00 am; SC 5
Dec. 14, 2023: To Be Introduced 01/03/2024 and Referred to Energy and Natural Resources; SJ 1