22mar01...0355h

2001 SESSION

01-0866

08/10

HOUSE BILL HB 539-FN-A

COMMITTEE: Resources, Recreation and Development

AMENDED ANALYSIS

This bill creates ranger, forest resource planner, and forest data analyst positions within the division of forests and lands. This bill also makes an appropriation of $1,100,000 to the division to fund the positions and to the university of New Hampshire cooperative extension for certain forestry work conducted.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22mar01...0355h

01-0866

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

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

1 Declaration of Purpose. The general court hereby reaffirms the importance of forests to the economic and environmental well-being of the state, as established in RSA 227-G:1. The general court acknowledges that the maintenance, protection, conservation, and multiple use of New Hampshire's forests to perpetuate these public benefits requires effective cooperation between private landowners, forest industries, non-profit organizations, communities, and public agencies, chief among them the division of forests and lands within the department of resources and economic development. The general court recognizes that pressures on New Hampshire's forests have increased significantly with increasing population growth, resulting in forest fragmentation, fires near developed areas, and threats to biodiversity. In order that the division of forests and lands can fully meet its statutory responsibilities as set forth in RSA 227-G, the general court recognizes through this act the necessity to enhance funding for certain vital needs.

2 Findings. The general court finds that:

I. With respect to rangers:

(a) In the period since 1949, the division of forests and lands has consistently had 10 rangers for the purpose of enforcement of laws relative to timber harvesting and forest fires.

(b) Since 1975, the number of timber sales reported has more than doubled, from 2003 in 1975 to 5,754 in 1999. During this same time period, the ranger staff has not grown.

(c) The New Hampshire forest resources plan, released in 1996, called for the addition of 5 rangers to the forest protection bureau in order to "provide consistent and equitable enforcement of forest laws."

(d) The final report of the New Hampshire Forest Liquidation Study Committee, released in February, 1998, noted that "unfortunately, the state has consistently been unwilling to provide adequate resources to ensure the enforcement of these (timber harvesting) laws, given the dependence of two of the state's largest economic sectors (wood products and recreation/tourism) on a healthy and productive forest." The report recommends that the state "increase the funding for DFL (division of forests and lands) enforcement activities commensurate with the importance of the state's forests to its economic and environmental health."

(e) The final report, released on December 4, 2000, of the committee to study the organization and function of the department of resources and economic development, pursuant to chapter 92 of the laws of 1999, recognized the need for increased ranger staffing within the division.

II. With respect to the forest resource planner position:

(a) RSA 227-I:8 mandates the development of a 10-year forest resources plan based upon periodic forest resources inventories. Despite demonstrated need, comprehensive forest resources plans have been completed only 4 times during the past century: 1952, 1964, 1982, and 1996.

(b) The final report, released on December 4, 2000, of the committee to study the organization and function of the department of resources and economic development, pursuant to chapter 92 of the laws of 1999, recognizes the need for the state to fund the forest resource planner position.

(c) In addition to the responsibility of developing the forest resources plan, this position bears the responsibility of serving as policy coordinator for the division of forests and lands, and reviews and assists with legislation.

(d) This position maintains the division's leadership role in the stewardship of the state's forest resource, including work with the New Hampshire Tree Farm Committee, the Ecological Reserves Project, the Forest Sustainability Standards Work Team, Project Learning Tree, and the New Hampshire Forest Legacy Program.

(e) This position maintains collaborative relationships with resource professions in other agencies and non-governmental organizations to improve the division's effectiveness statewide.

(f) Funding for this position has been totally reliant upon federal funding.

(g) This position was vacant from 1989-1992, when federal funding was not provided.

(h) Federal funding was provided in 1993 as part of the Northern Forest Lands Council, and tenuous federal funding has continued to date.

(i) The current funding is scheduled to terminate in September, 2001, and there are no likely prospects for continued funding past that date.

III. With respect to the forest data analyst position:

(a) The final report, released on December 4, 2000, of the committee to study the organization and function of the department of resources and economic development, pursuant to chapter 92 of the laws of 1999, recommended permanent funding for a natural resource analyst position within the division of forests and lands "to ensure that businesses in New Hampshire make the best investment choices and that we continue to properly monitor the use and stewardship of our natural resources."

(b) The forest resources plan, released in 1996, notes that "there is insufficient information on some issues vital to sustaining New Hampshire's forests. In some cases, the information is not being collected. In others, the system for collecting data is either not thorough, or is not timely.

(c) RSA 227-I:6 mandates that a forest resources inventory and assessment be completed at least every 10 years. Staff capacity within the division is necessary in order to carry out these responsibilities, as well as the interim reports required every 5 years."

(d) The forest data analyst is necessary to work with the United States Department of Agriculture Forest Service in the development, implementation, and analysis of the forest inventory and analysis. This analysis, which provides critical information to policy makers and forest industries, is moving from a 10-year cycle to an annualized inventory in order to provide more timely information. Under this change, states have an increased role in the conduct of this important inventory.

(e) The forest data analyst provides critical information that helps inform the state on issues of forest policy, including the conservation of biodiversity through the Ecological Reserves Project and the conservation of open space through the state's current use program.

(f) This position is currently funded on a temporary basis using federal money allocated following the ice storm of January, 1998. No state or federal resources exist to fund this position following September, 2001.

IV. With respect to the university of New Hampshire cooperative extension:

(a) RSA 227-I:2 mandates that the director of the division of forests and lands carry out education for landowners, natural resource professionals, forest products industries, communities, and the non-landowning public via a memorandum of understanding with the cooperative extension.

(b) For over 75 years, the cooperative extension's forestry and wildlife program has served New Hampshire citizens. The cooperative extension, through its local network, provides unbiased, research-based education, as well as responding to emergencies from the 1938 hurricane to the 1998 ice storm. Due to significant declines in funds and increased costs, the cooperative extension will lose ¼ of its staff.

(c) Through the memorandum of understanding pursuant to RSA 227-I:2, the cooperative extension is:

(1) The first contact for private forest landowner education, an ongoing need due to rapid turnover in land ownership.

(2) The primary vehicle for licensed foresters to satisfy continuing education credit requirements pursuant to RSA 310-A:109.

(3) A source of information and education for the forest products industry and the associated economic development community.

(4) The primary organization working with urban and rural communities to identify critical open spaces, landscapes, and street trees, enabling them to make good planning decisions in the face of population growth, urban sprawl, and forest fragmentation.

(5) A source of information for the non-landowning public about the importance of sustainable forestry.

(d) RSA 227-I:8 mandates the development of a forest resources plan. The most recent plan identifies the cooperative extension as a key player in 118 actions, second in number only to the division of forests and lands.

(e) The final report of the committee to study the organization and function of the department of resources and economic development, pursuant to chapter 92 of the laws of 1999, recommended increased state funding for the cooperative extension's forestry and wildlife program.

3 Appropriations.

I. The sum of $1,100,000 is appropriated for the biennium ending June 30, 2003 and allocated to the division of forests and lands and the university of New Hampshire cooperative extension for the purposes and in the amounts provided in paragraph II. The governor is authorized to draw a warrant for such sums out of any money in the treasury not otherwise appropriated.

II.(a) To the division of forests and lands:

(1) For the ranger positions, $420,000, to be distributed as follows: $255,000 in fiscal year 2002 for 3 additional ranger positions and associated expenses, and $165,000 in fiscal year 2003.

(2) For the forest resource planner position, $120,000, to be distributed as follows: $60,000 in each fiscal year 2002 and 2003.

(3) For the forest data analyst position, $100,000, to be distributed as follows: $50,000 in each fiscal year 2002 and 2003.

(b) To the university of New Hampshire cooperative extension, for the forestry work specified in section 2 of this act, through the division of forests and lands in accordance with RSA 227-I:2, I (c), $460,000 to be distributed as follows: $230,000 in each fiscal year 2002 and 2003.

4 Effective Date. This act shall take effect July 1, 2001.

LBAO

01-0866

2/5/01

HB 539-FN-A - FISCAL NOTE

FISCAL IMPACT: