Bill Text: NH SB267 | 2022 | Regular Session | Amended


Bill Title: Establishing the upland invasive species program, program fund, and program coordinator in the department of agriculture, markets, and food.

Spectrum: Bipartisan Bill

Status: (Passed) 2022-06-08 - Signed by the Governor on 06/07/2022; Chapter 0153; Effective 06/30/2022 [SB267 Detail]

Download: New_Hampshire-2022-SB267-Amended.html

SB 267-FN-A - AS AMENDED BY THE HOUSE

 

02/03/2022   0082s

03/31/2022   1288s

21Apr2022... 1441h

4May2022... 1779h

 

 

2022 SESSION

22-3006

08/04

 

SENATE BILL 267-FN-A

 

AN ACT establishing the upland invasive species program, program fund, and program coordinator in the department of agriculture, markets, and food.

 

SPONSORS: Sen. Giuda, Dist 2; Sen. Rosenwald, Dist 13; Sen. Carson, Dist 14; Sen. Gannon, Dist 23; Sen. Sherman, Dist 24; Sen. Watters, Dist 4; Rep. Renzullo, Hills. 37; Rep. Pearl, Merr. 26; Rep. Suzanne Smith, Graf. 8; Rep. Weston, Graf. 8

 

COMMITTEE: Energy and Natural Resources

 

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ANALYSIS

 

This bill:

 

I.  Establishes the position of upland invasive species program coordinator in the department of agriculture, markets, and food.

 

II.  Establishes the upland invasive species remediation program and fund.

 

III.  Makes an appropriation to the upland invasive species remediation fund.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/03/2022   0082s

03/31/2022   1288s

21Apr2022... 1441h

4May2022... 1779h 22-3006

08/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT establishing the upland invasive species program, program fund, and program coordinator in the department of agriculture, markets, and food.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Section; Upland Invasive Species Program.  Amend RSA 430 by inserting after section 57 the following new section:

430:58  Upland Invasive Species Program and Fund.  

I.  There is established an upland invasive species program in the department which shall address invasive species infestations.  The program shall be administered by an upland invasive species program coordinator.  This position shall be a classified position and the coordinator shall be qualified by reason of education and experience.  The upland invasive species program coordinator shall:

(a)  Make maps statewide of invasive species infestations.

(b)  Notify municipalities of invasive species infestations.

(c)  Hold a valid commercial, not for hire, category B pesticide applicators license.  

(d)  Maintain an active upland invasive species program that includes a combination of mechanical, cultural, biological, and chemical controls for the purpose of preventing and inhibiting the spread of invasive species.

(e)  Subsidize the purchase of herbicides by municipalities, when funding is available.  Municipalities shall provide the coordinator with copies of invoices paid by them no later than November 1 of each year.  Based on the invoices received, the coordinator shall, if necessary, distribute reimbursements on a pro-rata basis and make payments to such municipalities no later than December 15.  

(f)  Develop and distribute invasive species program information around the state.

(g)  Coordinate with the department of environmental services and the department of natural and cultural resources to ensure that any upland invasive species remediation efforts do not adversely impact the water quality of any municipal water supply or body of water under the supervision of those departments.

(h)  Invite the participation of state and federal agencies, municipalities, universities, the general public, or others in helping to manage, educate, and raise awareness of invasive species.

II.  Each city and town shall designate an existing employee, agency, or other designee as the contact point for the upland land invasive species coordinator in order to address local invasive species issues.

III.  All state agencies shall cooperate with the upland invasive species program coordinator to develop programs and policies addressing the proliferation and spread of upland invasive species on agency-owned land.

IV.  There is hereby established in the state treasury a fund to be known as the upland invasive species remediation fund which shall be kept distinct and separate from other funds.  The commissioner of the department of agriculture, markets, and food may accept funds from any federal, state, or private source, including grants, gifts, or donations of any kind, for the purpose of funding the purchase of necessary equipment and materials in support of invasive species remediation.  The fund shall be nonlapsing and continually appropriated to the commissioner of the department of agriculture, markets, and food for the purposes of this section.  However, the fund shall not be used for any costs associated with personnel or staffing.

2  New Subparagraph; Upland Invasive Species Remediation Fund.  Amend RSA 6:12, I(b) by inserting after subparagraph (382) the following new subparagraph:

(383)  Moneys deposited in the upland invasive species remediation fund established in RSA 430:58.

3  Appropriation; Upland Invasive Species Remediation Program.  There is hereby appropriated to the department of agriculture, markets, and food the sum of $150,000 for the fiscal year ending June 30, 2022 which shall be nonlapsing, for the purpose of funding the upland invasive species remediation fund established in RSA 430:58 to be used for the purpose of purchasing materials, equipment, herbicides, and securing necessary office and storage space.  The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

4  Effective Date.  This act shall take effect June 30, 2022.

 

LBA

22-3006

Amended 4/25/22

 

SB 267-FN-A- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2022-1441h)

 

AN ACT establishing the upland invasive species program, program fund, and program coordinator in the department of agriculture, markets, and food.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [ X ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2022

FY 2023

FY 2024

FY 2025

   Appropriation

$150,000

$0

$0

$0

   Revenue

$0

$1,500

$3,000

$5,000

   Expenditures

$0

$327,500

$125,000

$132,000

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - Upland Invasive Species Remediation Fund

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

METHODOLOGY:

This bill establishes the position of upland invasive species program coordinator in the department of agriculture, markets, and food.  The bill also establishes the upland invasive species remediation program and fund and makes an appropriation to the upland invasive species remediation fund.

 

The Department of Agriculture makes the following assumptions concerning the fiscal impact of this bill:

  • The upland invasive species program coordinator would be a new position and the work created by this bill would not supersede other mission-critical work in the Division of Plant Industry and would not require allocation of time by existing Division of Plant Industry personnel.  A new job classification would be created for an upland invasive species program coordinator.  Assume the position would be similar to an environmental program manager, labor grade 27, step 6.
  • An 18-24 month implementation of the program would be necessary to allow for:
    • a) application for and receipt of grants to support efforts;
    • b) development of guidelines for distributing funding to outreach efforts and management of local infestations with biological and chemical control.
  • Control of invasive plants is a local responsibility and that the role of the upland invasive species program coordinator would be primarily in training, outreach, and distribution of funds, chemicals, and support for local invasive species control efforts.
  • All operational expenses, other than those for personnel support, for the upland invasive species remediation program (such as herbicides, biocontrol, equipment rental, replacement equipment, outreach materials) will be drawn from the upland invasive species remediation fund.
  • All personnel costs – salary, benefits, storage, travel, communications, technology, and office supplies would be paid for with general funds.
  • It is also anticipated that over time the revenue from federal sources will increase as the program becomes more independent and able to procure federal grants for specific programmatic support.  This revenue would be allocated to the upland invasive species remediation fund for the support of the state’s invasive species management efforts.

 

The Department has developed the following estimate of the programs revenue and expenditures:

General Fund Expenses

FY 2022

FY 2023

FY 2024

FY 2025

Program Coordinator, LG 27, step 6

 $0   

 $106,700

 $107,000

 $112,000

Current Expenses

 $0

 $2,500

 $2,500

 $2,500

Equipment

 $0

 $6,600

 $0

 $0

Office Space

 $0

 $3,500

 $3,500

 $3,500

Travel

 $0

 $6,500

 $6,500

 $6,500

3/4 Ton Pick up

 $0

 $47,700

 $0

 $0

Storage Space

 $0

 $2,500

 $2,500

 $2,500

Total:

 $0

 $176,000

 $122,000

 $127,000

 

Upland Invasive Species Remediation Fund Expenses

 

FY 2022

FY 2023

FY 2024

FY 2025

Appropriation/Revenue

 $150,000

 $1,500

 $3,000

 $5,000

Expenditures*

 $0   

 $151,500

 $3,000

 $5,000

*Includes herbicides, biocontrol, equipment rental, replacement equipment, outreach materials

 

The bill also requires that each municipality designate an existing employee, agency, or other designee as the contact point for the activities of the upland invasive species program coordinator.  This may result in an indeterminable impact on local expenditures.

 

The language of this bill does not establish a new position or include an appropriation for personnel support for the program.

 

AGENCIES CONTACTED:

Department of Agriculture, Markets, and Food

 

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