Bill Text: NH SB217 | 2012 | Regular Session | Introduced
Bill Title: Relative to management of Cannon mountain by the department of resources and economic development.
Spectrum: Partisan Bill (Republican 13-0)
Status: (Passed) 2012-05-23 - Senate Sen. Odell Moved Nonconcur with House Amendment #2209h, Motion Adopted, Voice Vote [SB217 Detail]
Download: New_Hampshire-2012-SB217-Introduced.html
SB 217-FN – AS INTRODUCED
2012 SESSION
04/03
SENATE BILL 217-FN
AN ACT relative to management of Cannon Mountain by the department of resources and economic development.
SPONSORS: Sen. Bradley, Dist 3; Sen. Barnes, Jr., Dist 17; Sen. Boutin, Dist 16; Sen. Bragdon, Dist 11; Sen. Carson, Dist 14; Sen. De Blois, Dist 18; Sen. Forsythe, Dist 4; Sen. Groen, Dist 6; Sen. Lambert, Dist 13; Sen. Luther, Dist 12; Sen. Sanborn, Dist 7; Rep. Bettencourt, Rock 4; Rep. Weyler, Rock 8
COMMITTEE: Energy and Natural Resources
This bill:
I. Changes the name of Franconia Notch State Park to Franconia Notch Veterans’ Memorial State Park.
II. Requires the department of resources and economic development to solicit requests for information from any private entity interested in leasing Cannon Mountain ski area and submit a report evaluating the merits of such a lease to a private entity.
III. Requires the department of resources and economic development to develop a plan for construction of a veterans memorial, a plan for erosion mitigation, a plan for removal of construction and demolition waste, and a plan for the development of 2 hiking corridors on certain ski trails.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2838
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to management of Cannon Mountain by the department of resources and economic development.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Renaming of Franconia Notch State Park. Pursuant to RSA 4:43, Franconia Notch State Park is hereby renamed as Franconia Notch Veterans Memorial State Park. The commissioner of the department of resources and economic development shall cause appropriate replacement signage or markers to be placed as needed throughout the state park.
2 Signage. The cost of design, construction, maintenance, and installation of any signage, replacement signage, or other markers authorized under section 1 of this act shall be a charge to the state and shall be approved by the departments of resources and economic development and transportation.
3 State Ski Operations; Lease Agreement. RSA 12-A:29-a is repealed and reenacted to read as follows:
12-A:29-a Lease Agreement; Terms.
I. The department of resources and economic development shall develop a lease agreement which shall include the following terms in the event that the state enters into an agreement to lease Cannon Mountain or Mount Sunapee ski area, or both:
(a) The terms of the lease, including length, fee structure, methods used to determine the fee structure and to measure the amount of fees to be paid, and default conditions.
(b) The assets that would be included in the lease, i.e. what is included in the lease and what is not, how these assets would be transferred or sold to the lessee, determination of the value of the assets, and requirements to regularly value the assets.
(c) Investment requirements upon the lessee. The lease shall include provisions to ensure that the lessee shall prepare a master plan that fulfills an obligation to maintain and upgrade the assets on state land.
(d) Environmental regulations and controls including:
(1) Prototype regulations to preserve and protect state land which shall include but not be limited to:
(A) Soils;
(B) Water quality;
(C) Wetlands;
(D) Wildlife habitat;
(E) Scenic and aesthetic qualities; and
(F) Multi-seasonal recreational opportunities.
(2) Procedures to follow when the lessee requests a permit to replace major equipment (such as a lift) or expand the ski area, cut new trails, increase snowmaking, or alter master planning requirements.
(e) The role of the state in the on-going lease of the ski areas, including the state's regulatory authority and power.
(f) The establishment of a prototype commission to oversee and administer the lease.
(g) The operational responsibilities remaining with the state and how these responsibilities would interact with the lessee's responsibilities.
(h) The disposition of employees employed by the ski areas including:
(1) Transfers within the department or the state.
(2) Offering employees the option of being bought out.
II. No later than 90 days after the effective date of this paragraph, and every 2 years thereafter until a lease agreement is executed, the commissioner of the department of resources and economic development shall solicit requests for information from any potential lessor interested in operating the Cannon Mountain ski operation, and shall require such requests to be completed and returned within 90 days of receipt of the request. The department shall develop the details and any forms needed for the request for information. Based of the information solicited, the commissioner of the department of resources and economic development shall submit a report to the president of the senate, the speaker of the house of representatives, and the governor summarizing the information received from potential private lessors and evaluating the merits of allowing a private entity to lease and operate the Cannon Mountain ski area.
4 Department of Resources and Economic Development; Establishment of Veterans’ Memorial.
I. The commissioner of the department of resources and economic development shall develop a plan for the transformation of the overflow parking area adjacent to and south of the Cannon Mountain tramway base station into a veterans’ memorial. The plan shall include details relating to a design for the memorial, the projected cost of the memorial, the feasibility of constructing the memorial at the site specified in this section, authorization for veterans’ organizations to conduct fund raising activities and solicit private donations to offset the cost of construction and maintenance of the memorial, details relating to the supervision and maintenance of the memorial, and the development of appropriate veterans educational programs and resources for the benefit of all New Hampshire citizens. Infrastructure and landscaping costs for the memorial shall be funded in the next biennial capital budget or from proceeds from a lease agreement, if the state has entered into a lease agreement to lease the management operations of Cannon Mountain by August 1, 2013. The plan shall be submitted for inclusion in the next biennial capital budget.
II. Upon approval of the plan for the veterans’ memorial in paragraph I, the commissioner of the department of resources and economic development shall authorize volunteers to relocate the Kinsman Ridge trailhead around the site of the veterans’ memorial.
5 Department of Resources and Economic Development; Erosion Mitigation Plan. The commissioner of the department of resources and economic development shall develop a plan to mitigate erosion on the Mittersill Mountain side of Cannon Mountain caused by chair lift construction, and shall submit the plan to the governor and council for approval within 30 days of the effective date of this section. The plan shall be provide for implementation by using excess operational revenues. The plan shall be implemented as soon as practicable after approval.
6 Department of Resources and Economic Development; Hiking Corridors on Ski Trails. The commissioner of the department of resources and economic development shall develop a plan to develop 2 hiking corridors on ski trails. The first hiking corridor shall include the Tuckerbrook trail, the Mittersill Mountain trail over the Mittersill Mountain summit, and the Taft slalom ski trail to the summit of Cannon Mountain. The second hiking corridor shall connect the Cannon Mountain summit to the Mittersill Mountain summit and shall return to the Cannon Mountain ski area by a route to be determined by the department of resources and economic development. The department shall also remove all signs and ropes that prohibit hiking in these areas and replace them with sign directing hikers to these 2 hiking corridors.
7 Department of Resources and Economic Development; Construction and Demolition Waste Removal. The commissioner of the department of resources and economic development shall as soon as practicable cause the removal of all construction and demolition waste and trash from the chair lift area at the summit of Mittersill Mountain and from under the Mittersill Mountain summit observation tower.
8 Effective Date. This act shall take effect 60 days after its passage.
LBAO
12-2838
12/14/11
SB 217-FN - FISCAL NOTE
AN ACT relative to the management of Cannon Mountain by the department of resources and economic development.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill at this time. When completed, the fiscal note will be forwarded to the Senate Clerk's Office.
