hb 0612

CHAPTER 138

HB 612 - FINAL VERSION

AN ACT relative to expenditures from the dam maintenance fund by the department of environmental services and extending a study committee report date.

SPONSORS: Rep. Royce, Ches 9; Rep. Emerson, Ches 13; Rep. Edwards, Ches 19; Sen. Below, Dist 5; Sen. Johnson, Dist 3

This bill permits money credited to the dam maintenance fund to be used for repair and reconstruction projects on property associated with and contiguous to state-owned dam sites, as well as on noncontiguous property, such as rainfall and stream gages, that is essential to the safe operation of the dam.

This bill also extends the report date for the committee to study the impact of water withdrawals on instream flows and the impact of instream flow rules on entities that withdraw water or are affected by instream flows, including the relationship between water withdrawals and instream flows on rivers designated for protection under RSA 483 and the potential need for the incorporation of criteria for the maintenance of instream flow into water quality standards under RSA 485-A:8.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to expenditures from the dam maintenance fund by the department of environmental services and extending a study committee report date.

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

138:1 Application of Receipts; Reference Changed. Amend RSA 6:12, I(s) to read as follows:

(s) Money received under RSA 481:32, which shall be credited to the dam maintenance fund established under RSA [~~481:30~~] 482:55.

138:2 Hydro Funds; Properties Associated with State-Owned Dam Sites. Amend RSA 481:32, III to read as follows:

III. Any amount of revenue over and above the amount required to retire said bonds shall be credited to the dam maintenance fund for the repair and reconstruction of other state-owned dams, authorized by the legislature and with the approval of governor and council, or for work on properties associated with state-owned dam sites.

138:3 Dam Maintenance Fund; Definitions; Repair; Associated Property. Amend RSA 482:54, VI to read as follows:

VI. "Repair" shall mean performance of intermediate amounts of work on a portion of a structure or associated property on an occasional basis with costs not exceeding $75,000. Repair items include, but are not limited to, replacement of gates, refacing of eroded concrete, repair or replacement of wingwalls, placement of riprap, and emergency repairs. Associated property includes property contiguous to the dam and noncontiguous property, such as rainfall and stream gages, that is essential to the safe operation of the dam.

138:4 Dam Maintenance Fund Established; Associated Property. Amend RSA 482:55 to read as follows:

482:55 Fund Established. For the state of New Hampshire to meet its commitments to maintain its dams and impoundments and associated property for future generations and promote the safety of the public, there is established a dam maintenance fund to cover the cost of performing work on state-owned dams and property associated with and contiguous to state-owned dam sites, as well as noncontiguous property, such as rainfall and stream gages, that is essential to the safe operation of the dam. This fund shall be a nonlapsing fund which shall be continually appropriated for the purposes of this section.

482:57 Expenditure. Notwithstanding other provisions of law, the commissioner of environmental services shall expend such sums from the dam maintenance fund as are necessary for performance of work on state-owned dams and property associated with and contiguous to state-owned dam sites, as well as noncontiguous property, such as rainfall and stream gages, that is essential to the safe operation of the dam only in the following categories:

I. Minor projects and emergency repairs, including emergency action plans, which may be completed by force account methods by the department.

II. Repair projects, which may be completed by force account methods by the department on dams and property associated with and contiguous to state-owned dam sites, as well as noncontiguous property, such as rainfall and stream gages, that is essential to the safe operation of the dam, approved for acquisition by the legislature with the approval of governor and council.

III. Reconstruction projects, which shall be completed by contract construction or force account on dams and property associated with and contiguous to state-owned dam sites, as well as noncontiguous property, such as rainfall and stream gages, that is essential to the safe operation of the dam, approved for acquisition by the legislature with the approval of governor and council.

138:6 Committee to Study the Impact of Water Withdrawals on Instream Flows and the Impact of Instream Flow Rules on Entities that Withdraw Water or are Affected by Instream Flows, Including the Relationship Between Water Withdrawals and Instream Flows on Rivers Designated for Protection Under RSA 483 and the Potential Need for the Incorporation of Criteria for the Maintenance of Instream Flow into Water Quality Standards Under RSA 485-A:8; Report Dated Extended. Amend 2000, 242:5 to read as follows:

242:5 Report. The committee shall report its findings and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before December [~~31, 2001~~] 1, 2002.