0292-hb 1259

AN ACT establishing a coordinated and comprehensive effort by state agencies for economic growth, resource protection, and planning policy to encourage smart growth, and relative to a certain project in Seabrook, New Hampshire.

SPONSORS: Rep. Melcher, Hills 11; Rep. M. Fuller Clark, Rock 36; Rep. Brundige, Hills 18; Rep. Spang, Straf 8

This bill establishes a coordinated and comprehensive effort by state agencies for economic growth, resource protection, and planning policy to encourage smart growth, and requires the council on resources and development to report on state agency progress.

This bill also designates a portion of an existing capital appropriation for the rip-rap project in Seabrook, New Hampshire.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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

292:1 Office of State Planning; Duties. Amend RSA 4-C:1, II(c) to read as follows:

(c) Encourage and assist planning, growth management and development activities of cities and towns and groups of cities and towns with the purpose of encouraging smart growth.

292:2 Office of State Planning; Duties. Amend RSA 4-C:1, II(j) to read as follows:

(j) Take a leadership role in encouraging smart growth and preserving farmland, open space land, and traditional village centers.

292:3 New Subparagraph; Office of State Planning; Coordination. Amend RSA 4-C:6, I by inserting after subparagraph (i) the following new subparagraph:

292:4 Office of State Planning; Reports. Amend RSA 4-C:6-a, I(c) to read as follows:

(b) State policies to provide for the orderly economic development of the state; [~~and~~]

(d) Policies to protect and preserve farmland and open space land and to maximize smart growth.

292:6 New Chapter; State Economic Growth, Resource Protection, and Planning Policy. Amend RSA by inserting after RSA 9-A the following new chapter:

I. In addition to clean water and air, productive mountain, forest, and agricultural open space land is one of the state's most valuable assets, and is necessary for the economy and health and welfare of the citizens. The maintenance of this asset is vital if the state is to provide future generations with the same quality of life and environment that we have traditionally enjoyed.

II. Economic development is essential to the well-being and prosperity of our citizens. However, when haphazard development sprawls across the state's landscape, our collective well-being suffers. Fortunately, economic development can take place in a form that maximizes smart growth.

III. The state can encourage development in accordance with this chapter by regularly reviewing its operating procedures, granting policies, and regulatory framework.

IV. A coordinated and comprehensive planning effort by state agencies on future development in the state is needed, which will not only improve our economy, but also encourages smart growth by locating development in appropriate growth areas and thus retaining as much open space land as possible for the long-term.

9-B:2 Policy. It shall be the policy of the state of New Hampshire that state agencies act in ways that encourage smart growth.

9-B:3 Definition. In this chapter, "smart growth" means the control of haphazard and unplanned development and the use of land which results over time, in the inflation of the amount of land used per unit of human development, and of the degree of dispersal between such land areas. "Smart growth" also means the development and use of land in such a manner that its physical, visual, or audible consequences are appropriate to the traditional and historic New Hampshire landscape. Smart growth may include denser development of existing communities, encouragement of mixed uses in such communities, the protection of villages, and planning so as to create ease of movement within and among communities. Smart growth preserves the integrity of open space in agricultural, forested, and undeveloped areas. The results of smart growth may include, but shall not be limited to:

III. Adherence to traditional settlement patterns when siting municipal and public buildings and services.

9-B:4 Expenditure of State or Federal Funds. All state agencies shall give due consideration to the state's policy on smart growth under RSA 9-B:2 when providing advice or expending state or federal funds, for their own use or as pass-through grants, for public works, transportation, or major capital improvement projects, and for the construction, rental, or lease of facilities. The intent of this action is that new investments and grants for existing sites and buildings in existing community centers will be given preference over investments in outlying areas where that is a practical solution for the use and community in question.

9-B:5 Procedures for Review. The governor shall review actions taken by state agencies relative to the provisions of RSA 9-B:4 to ensure compliance with this chapter. The governor shall establish procedures for review no later than December 1, 2000.

9-B:6 Report to the General Court and the Governor. By October 1 of each year, beginning in the year 2000, the council on resources and development, established in RSA 162-C, shall report to the general court and the governor on the following:

I. Progress by state agencies in complying with the expenditure requirements under RSA 9-B:4.

II. Progress by the state agencies represented on the council in coordinating the activities to encourage smart growth.

III. Efforts made to encourage development in accordance with this chapter by regular review of state operating procedures, granting policies, and regulatory framework.

IV. Suggested policy changes or legislation that the council believes would strengthen the state's ability to achieve the smart growth goal of RSA 9-B:2.

292:7 Council on Resources and Development; Responsibilities. Amend RSA 162-C:2, I to read as follows:

I. Consult upon common problems in the fields of environmental protection, natural resources, and growth management including the encouragement of smart growth;

292:8 Council on Resources and Development; Responsibilities. Amend RSA 162-C:2, V to read as follows:

V. Resolve differences or conflicts concerning development [or], resource management, or the encouragement of smart growth which result from the work of any agency represented on the council in developing policies, plans, or programs. The council shall investigate; if possible, resolve the problem; and if appropriate, submit its recommendations to the governor and council or to the general court. If investigation by the council shows that the laws and rules of an agency represented on the council are in conflict with those of another agency, the council shall submit a report with recommendations to the governor and council or to the general court;

292:9 Council on Resources and Development; Responsibilities. Amend RSA 162-C:2, VII and VIII to read as follows:

VII. Review the disposal of state owned real property pursuant to RSA 4:40; [~~and~~]

VIII. Provide oversight relative to the statewide public boat access program, work with the public water access advisory board and provide recommendations to the governor and executive council regarding public access; and

292:10 1991 Appropriation; Port Authority; Rip-Rap Project Added. Amend 1991, 351:5, as amended by 1992, 260:20, 1994, 204:1 and 2000, 15:1 to read as follows:

351:5 Appropriation; Port Authority. The expansion of the Port of Portsmouth funded in this section shall include an 11-acre expansion of the north yard of the port, the construction of a 750-foot pier, dredging projects including associated mitigation to maintain channels and harbor, a hydrodynamic study of Hampton and Seabrook, [~~and~~] renovation of any commercial fish piers that may be transferred to the port authority, and the rip-rap project on River Street in Seabrook. The sums hereinafter detailed are hereby appropriated for the project specified:

(The funds appropriated in subparagraph A for the Port of Portsmouth expansion shall not be expended, encumbered, or obligated in any way unless an action plan, which shall include construction documents, prepared by the New Hampshire Port Authority shall be approved by the capital budget overview committee, the fiscal committee, and the governor and council. $1,500,000 of the total amount appropriated herein is hereby released for the purpose of final design and bid documents. $1,800,000 of the total amount appropriated is designated for wetland mitigation. $400,000 of the total amount appropriated is designated for the Hampton-Seabrook hydrodynamic study. The remaining $14,600,000 is designated for construction, renovation, and dredging projects including associated mitigation. This appropriation shall be nonlapsing until the project is completed. The New Hampshire Port Authority shall not encumber, obligate, or expend any funds from this appropriation for renovation or dredging projects without the prior approval of the capital budget overview committee. The total amount that may be expended for renovation and dredging projects including associated mitigation shall not exceed a total of $1,000,000.)

The Department of Resources and Economic Development indicates this bill, as amended by the House, may increase state general fund expenditures in FY 2001 and each year thereafter. There will be no fiscal impact on state, county and local revenue or county and local expenditures.

· The existing programs of the Division of Forests and Lands will contribute to the intent of the proposed smart growth since the Division's mission is to protect and promote the values provided by trees and forests. Any change in program focus as a result of this bill however, could require additional funding which cannot be estimated;

· RSA 31 requires the Division of Forests and Lands to provide assistance to communities regarding the management of town forest lands. It is possible that this bill will increase the number of requests for community assistance in assessing natural resources and open space needs. The fiscal impact resulting from the increased number of requests cannot be determined; and

· The Division of Forests and Lands currently has staff expertise to accomplish the reporting requirements of this bill, however, the position is federally funded. If the reporting requirements of this bill are not consistent with the purpose of the federal grant, additional state general funds will be required.