29march00.....3331h

2000 SESSION

00-2467

03/09

HOUSE BILL 1209

AN ACT relative to the construction and reconstruction of class B and class C dams.

COMMITTEE: Resources, Recreation and Development

AMENDED ANALYSIS

This bill inserts a definition of "reconstruction" relative to class B and class C dams and provides that the department of environmental services shall not permit the construction or reconstruction of any class B or class C dam unless the dam provides a public benefit of water supply; flood control; storage and treatment of industrial, agricultural, commercial, or municipal wastes; hydropower; public recreation; or preservation of historic or cultural resources.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

29march00.....3331h

00-2467

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand

AN ACT relative to the construction and reconstruction of class B and class C dams.

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

182:1 New Paragraph; Dams, Mills, and Flowage; Definitions; Definition of "Reconstruction" Added. Amend RSA 482:2 by inserting after paragraph IX the following new paragraph:

X. "Reconstruction" means:

(a) A change in the height, length, or discharge capacity of the structure;

(b) Restoring a breached dam or one in ruins;

(c) Modification of flashboards which either increases their height or increases the headwater elevation at which the flashboards will fail; or

(d) A change in the structural configuration of a dam.

182:2 New Paragraph; Dams, Mills, and Flowage; Erection and Inspection of Dams; Preliminary Filing of Information Amended. Amend RSA 482:9 by inserting after paragraph IV the following new paragraph:

V. The department shall not permit the construction or reconstruction of any class B or class C dam unless:

(a) The dam provides a public benefit of water supply, flood control, storage or treatment of industrial, agricultural, commercial, or municipal wastes, hydropower, public recreation, or preservation of historic or cultural resources; or

(b) The reconstruction is ordered by the department to correct a deficiency identified by the department.

182:3 Effective Date. This act shall take effect 60 days after its passage.

(Approved: May 26, 2000)

(Effective Date: July 25, 2000)