Bill Text: NH HB621 | 2011 | Regular Session | Introduced
Bill Title: Relative to the authority of the department of transportation.
Sponsorship: Moderate Partisan Bill (Republican 6-1)
Status: (Passed) 2011-06-01 - House Signed By Governor 05/31/2011; Effective 05/31/2011; Chapter 0114 [HB621 Detail]
Download: New_Hampshire-2011-HB621-Introduced.html
HB 621-FN-LOCAL – AS INTRODUCED
2011 SESSION
06/09
HOUSE BILL 621-FN-LOCAL
AN ACT relative to the authority of the department of transportation.
SPONSORS: Rep. Hill, Merr 6; Rep. Jennifer Coffey, Merr 6; Rep. Kreis, Merr 6; Rep. Chandler, Carr 1; Rep. T. Keane, Merr 13; Rep. Foose, Merr 1; Sen. Bradley, Dist 3
COMMITTEE: Public Works and Highways
This bill provides for an excavation and dredging permit by notification for municipalities that construct and maintain structures in accordance with Best Management Practices for Routine Roadway Maintenance.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0541
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the authority of the department of transportation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Excavating and Dredging Permit; Certain Exemptions. Amend RSA 482-A:3, I-a to read as follows:
I-a. Notwithstanding any law or rule to the contrary, in reviewing requests proposed, sponsored, or administered by the department of transportation, there shall be a rebuttable presumption that there is a public need for the requested project, and that the department of transportation has exercised appropriate engineering judgment in the project’s design.
2 Filing Fees. Amend RSA 482-A:3, III to read as follows:
III. The filing fees collected pursuant to paragraphs I, V(c), XI(h), [and] XII(c), and XVI(c) and RSA 483-B:5-b are continually appropriated to and shall be expended by the department for paying per diem and expenses of the public members of the council, hiring additional staff, reviewing applications and activities relative to the wetlands of the state and protected shorelands under RSA�483-B, conducting field investigations, and holding public hearings. [Such fees shall be held by the treasurer in a nonlapsing fund identified as the wetlands and shorelands review fund.]
3 Filing Fees; Version Effective July I, 2011. Amend RSA 482-A:3, III to read as follows:
III. The filing fees collected pursuant to paragraphs I, V(c), XI(h), [and] XII(c), and XVI(c) are continually appropriated to and shall be expended by the department for paying per diem and expenses of the public members of the council, hiring additional staff, reviewing applications and activities relative to the wetlands of the state and protected shorelands under RSA 483-B, conducting field investigations, and holding public hearings. [Such fees shall be held by the treasurer in a nonlapsing fund identified as the wetlands and shorelands review fund.]
4 New Paragraph; Municipalities; Permit by Notification. Amend RSA 482-A:3 by inserting after paragraph XV the following new paragraphs:
XVI.(a) Any person or political subdivision that constructs, replaces, or maintains structures in accordance with the Best Management Practices for Routine Roadway Maintenance in New�Hampshire published by the department of transportation, if applicable, and has filed an appropriate notice under subparagraph (b), to construct, replace, or maintain such structures with the department and the department of transportation shall have satisfied the permitting requirements of this section for minimum impact activities, as defined by rules adopted by the commissioner.
(b) Appropriate notice to the department and the department of transportation shall include the following information:
(1) Name and address of the person or political subdivision constructing, replacing, or maintaining the structure.
(2) Any identifying information regarding the structure.
(3) A copy of the appropriate United States Geological Survey topographic map with the type and location of all wetland and waterbody crossings clearly indicated.
XVII. The installation of a culvert or bridge and associated fill to permit vehicular access to property for a single family building lot shall be permitted under this chapter, providing that the project meets criteria for a minimum impact activity as defined in rules adopted by the commissioner, and notification is sent to the department.
5 Permit Required; Exemption. Amend RSA 483-B:5-b, I(b) to read as follows:
(b) The permit application fee shall be $100 plus $.10 per square foot of area affected by the proposed activities and shall be deposited in a non-lapsing fund identified as the wetlands and shorelands review fund [established under RSA 482-A:3, III]. Such fees shall be capped as follows:
6 Application of Funds. Amend RSA 6:12, I(b)(131) to read as follows:
(131) Moneys deposited in the wetlands and shorelands review fund under RSA [482-A:3, III] 483-B:5-b, I(b).
7 Effective Date.
I. Section 3 of this act shall take effect July 1, 2011 at 12:01 a.m..
II. The remainder of this act shall take effect upon its passage.
LBAO
11-0541
Revised 02/04/11
HB 621 FISCAL NOTE
AN ACT relative to the authority of the department of transportation.
FISCAL IMPACT:
The Department of Environmental Services states this bill will have an indeterminable impact on state revenue and expenditures. The Department of Transportation states this bill may increase state highway fund expenditures by an indeterminable amount in FY 2012 and each year thereafter. The New Hampshire Municipal Association states this bill may decrease local expenditures by an indeterminable amount in FY 2012 and each year thereafter.
METHODOLOGY:
The Department of Environmental Services states this bill modifies an existing non-lapsing dedicated fund, the wetlands and shoreland review fund, by narrowing its purpose by no longer depositing wetland fees in the fund and having only fees associated with the shoreland review program deposited in the fund. The Department states the wetlands fees would still be collected and appropriated for the wetlands program, but any remaining funds would now lapse to the general fund at the end of each fiscal year. The Department states the revenue stream associated with the wetlands fees varies annually with economic conditions and seasonally with the construction cycle and it is usually greatest during the first and fourth quarters of the fiscal year with a drop-off in the second and third quarters. As a result, the Department cannot predict the fiscal impact of the bill
The Department of Transportation (DOT) states this bill’s requirement for a political subdivision to submit notifications to the Department and to the Department of Environmental Services whenever the political subdivision constructs, replaces, or maintains certain structures related to projects involving filling and dredging in wetlands. The Department states it has not received such notifications in the past and cannot predict how many it could expect to receive or any cost increase associated with it.
The New Hampshire Municipal Association states the bill provides for an excavation and dredging permit by notification for a municipality that constructs and maintains certain structures. The Association states replacing the current permitting requirement with this bill’s notification requirement would reduce local expenditures by eliminating the permit fee and some of the costs associated with filling out the permit forms, however it cannot estimate the number of projects that would be affected or the amount by which local expenditures could be reduced.
