HB 150-FN – AS INTRODUCED

2009 SESSION

09-0129

06/10

HOUSE BILL 150-FN

AN ACT relative to removing invasive aquatic growth.

SPONSORS: Rep. J. Flanders, Rock 8; Rep. Welch, Rock 8; Rep. Casey, Rock 11

COMMITTEE: Resources, Recreation and Development

ANALYSIS

This bill permits the department of environmental services to permit removal of invasive aquatic growth in navigable or recreational waters.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0129

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to removing invasive aquatic growth.

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

1 Definitions. RSA 487:16 is repealed and reenacted to read as follows:

487:16 Definitions. In this subdivision:

I. “Commissioner” means the commissioner of the department of environmental services.

II. “Department” means the department of environmental services.

III. The term “exotic aquatic weeds” includes only those species of vascular aquatic plants which were not part of New Hampshire’s native aquatic flora before 1950. Cabomba caroliniana and Myriophyllum heterophyllum are examples of exotic aquatic weeds.

IV. “Federal program” means the federal Water Pollution Control Act, 33 U.S.C.A. 1324, the federal clean lakes program (P.L. 92-500, section 314), as amended, now known as the Water Quality Act of 1987 (P.L. 100-4), as amended.

V. “Invasive aquatic growth” means plants which restrict movement in navigable waters or limit the use of important recreational waters, such as beaches and camps. Recreational waters shall be so declared by local assessors, and navigable waters by local safety responders.

2 New Section; Invasive Aquatic Growth Removal. Amend RSA 487 by inserting after section 16-b the following new section:

487:16-c Removal of Invasive Species. The department may permit removal of invasive aquatic growth by licensed contractors. The department shall have full authority to establish the terms and conditions under which any permit issued may be exercised and to adopt such rules as are reasonably related to the efficient administration of this subdivision. Multi-year removal permits may be issued, based on rates of growth and removal mechanisms.

3 Rulemaking. Amend RSA 487:24, VII to read as follows:

VII. Designation of plants as exotic aquatic weeds as defined in RSA 487:16, [II] III.

4 Effective Date. This act shall take effect 60 days after its passage.

LBAO

09-0129.0

12/18/08

HB 150-FN - FISCAL NOTE

AN ACT relative to removing invasive aquatic growth.

FISCAL IMPACT:

The Department of Environmental Services states this bill may increase state revenue by $1,000 in FY 2010 and FY 2011 and by $2,000 in FY 2012 and FY 2013. The Department also states that the bill will increase state expenditures by $67,693 in FY 2010, $69,421 in FY 2011, $72,750 in FY 2012, and 76,676 in FY 2013. There will be no fiscal impact on county or local revenues or expenditures.

METHODOLOGY:

The Department of Environmental Services states this bill permits the Department to permit removal of invasive aquatic growth in navigable or recreational waters. The Department estimates an increase in state revenue as a result of this bill based on two permits being issued in FY 2010 and FY 2011, and four permits being issued for FY 2012 and FY 2013. The department states each permit will generate approximately $500 in revenue based on each permit being issued for 1,000 square feet at $0.20 per square foot plus a permit fee of $300.

Fiscal Year	Estimated Number of Permits per Season	Estimated Area to be Dredged (square feet per permit)	Rate per square foot	Permit Fee	Estimated Revenue
2010	2	1000	$ 0.20	$ 300.00	$1,000.00
2011	2	1000	$ 0.20	$ 300.00	$1,000.00
2012	4	1000	$ 0.20	$ 300.00	$2,000.00
2013	4	1000	$ 0.20	$ 300.00	$2,000.00

The Department states that in order to meet the requirements of the proposed legislation, it will require the addition of an Environmentalist III, a labor grade 23 position. The expenses associated with this position are as follows:

Calculation for the Cost of a Labor Grade 23 Position of an Environmentalist III with an effective date of July 9, 2009
		FY 2010	FY 2011	FY 2012	FY 2013
Salary (with annual steps)		$38,942	$40,597	$42,210	$44,283
Full Time Benefits		21,101	22,674	24,390	26,243
Other Expenses:
	Current Expenses	5,000	5,000	5,000	5,000
	Equipment (one-time)	1,500	0	0	0
	Travel	1,150	1,150	1,150	1,150
Total Position Costs		$67,693	$69,421	$72,750	$76,676

This bill does not contain an appropriation for, or establish any new positions.

The Department states that there would be no fiscal impact on county or local government revenue or expenditures.