22mar01...0380h

21feb02...2445h

2002 SESSION

01-0854

08/10

HOUSE BILL 592-FN-A

AN ACT relative to a milfoil and other exotic aquatic plants prevention program.

COMMITTEE: Resources, Recreation and Development

AMENDED ANALYSIS

This bill creates a program administered by the department of environmental services and the department of safety to aid state agencies, non-profit organizations, and municipalities or political subdivisions of the state which seek to administer a milfoil and other exotic aquatic plants prevention program, and by the department of environmental services for institutions of higher learning which seek to conduct research on milfoil and other exotic aquatic plants remediation. Eligible applicants are required to provide a minimum resource match of 50 percent of the proposed program budget.

This bill also creates a special account in the lake restoration and preservation fund to provide money for the milfoil and other exotic aquatic plants prevention program. Funding for the prevention program account is provided by an increase to the boat registration fee.

The milfoil and other exotic aquatic plants prevention program and the increase to the boat registration fee will expire on January 1, 2008.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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...0380h

21feb02...2445h

01-0854

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

AN ACT relative to a milfoil and other exotic aquatic plants prevention program.

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

201:1 Increase in Boat Registration Fee for Lakes Restoration and Preservation Fund. Amend RSA 270-E:5, II (a) to read as follows:

(a) [$2] $5 for each registration specified in paragraph I. The fees collected under this subparagraph shall be paid into the lake restoration and preservation fund established under RSA 487:25.

201:2 Lake Restoration and Preservation Fund; Milfoil and Other Exotic Aquatic Plants Prevention Program. Amend RSA 487:25, I to read as follows:

I. [An additional] The fee of [$2] $5 [to those already] collected under the provisions of RSA 270-E:5, II(a) [for each private boat registered] shall be paid to the director of the division of motor vehicles. The director of the division of motor vehicles shall pay over said [additional fees] fee to the state treasurer who shall keep [said fees] the fee in a special fund to be expended by the department of environmental services. The department shall use $.50 of the fee for lake restoration and preservation measures, exclusive of exotic aquatic weed control, [and] $1.50 of the fee for the control of exotic aquatic weeds, and $3 of the fee for the milfoil and other exotic aquatic plants prevention program. The department shall deposit the $3 into a special account within the lake restoration and preservation fund which shall be used to administer the milfoil and other exotic aquatic plants prevention program. The special fund shall be nonlapsing. All funds received under this section are continually appropriated to the department for the purposes of this subdivision.

201:3 New Subdivision; Milfoil and Other Exotic Aquatic Plants Prevention. Amend RSA 487 by inserting after section 25 the following new subdivision:

Milfoil and Other Exotic Aquatic Plants Prevention

487:26 Grant Program Established. There is hereby established a grant program to be administered by the department of environmental services for the allocation of money to state agencies, non-profit organizations, and municipalities or political subdivisions of the state which seek to administer a milfoil and other exotic aquatic plants prevention program, and to institutions of higher learning which seek to conduct research on milfoil and other exotic aquatic plants remediation techniques. The grant program shall be funded by the portion of the lake restoration and preservation fund, established in RSA 487:25, and allocated to the milfoil and other exotic aquatic plants prevention program. Up to 2/3 of the moneys distributed from the fund to the milfoil and other exotic aquatic plants prevention program shall be allocated for the purposes of milfoil and other exotic aquatic plants prevention and the remainder shall be allocated to milfoil and other exotic aquatic plants remediation research. Of the moneys in the milfoil and other exotic aquatic plants prevention program, the moneys allocated specifically for the purposes of the milfoil and other exotic aquatic plants prevention shall be distributed upon approval of the commissioner of the department of environmental services and the commissioner of safety. Of the moneys in the milfoil and other exotic aquatic plants prevention program, the moneys allocated specifically for the purposes of milfoil and other exotic aquatic plants remediation research shall be distributed upon approval of the commissioner of the department of environmental services.

487:27 Management Plan. The commissioner of the department of environmental services, or designee, in consultation with the commissioner of safety, or designee, shall establish a management plan to implement the grant program. The management plan shall include, but not be limited to:

I. Eligibility determination criteria and procedures.

II. Application requirements and procedures.

III. Project selection and prioritization requirements and procedures.

IV. Stewardship requirements and procedures, including annual reporting to the department by the grantee.

487:28 Eligible Applicants; Matching Funds.

I. The department of environmental services shall distribute funds for projects to further the purposes of this program only to eligible applicants. Eligible applicants shall include:

(a) Publicly-supported nonprofit corporations exempt from federal income taxation under Section 501(c) of the Internal Revenue Code.

(b) Municipalities or other political subdivisions of the state.

(c) Institutions of higher learning.

(d) State agencies.

II. All eligible applicants shall provide a minimum level of matching resources equal to 50 percent of the proposed program budget. The department may exempt institutions of higher learning from the required match. The cost-sharing match may be met through the use of in-kind services. Qualifying matching funds from the applicant may include, but are not limited to, municipal appropriations, private donations, federal funds, and the value of goods and services provided by the applicant.

487:29 Milfoil and Other Exotic Aquatic Plants Prevention; Grant Fund Report and Budget. The department of environmental services shall submit an annual report, beginning on January 1, 2004, to the speaker of the house, president of the senate, and the governor and council which shall include, but not be limited to, a description of prevention and research projects funded by the milfoil and other exotic aquatic plants prevention program and the extent of aid to municipalities or subdivisions of the state, non-profit corporations, and research institutions.

201:4 Exotic Aquatic Weeds; Control. Amend RSA 487:17, II to read as follows:

II. The department is directed to prevent the introduction and further dispersal of exotic aquatic weeds and to manage or [eradicate] control exotic aquatic weed infestations in the surface waters of the state. The department is authorized to:

(a) Display and distribute promotional material and engage in educational efforts informing boaters of the problems with exotic aquatic weed control.

(b) [Eradicate] Control small new infestations of exotic aquatic weeds, according to the following criteria:

(1) The waterbody had been free, within the previous 5 years, of the exotic aquatic weed to be treated.

(2) The infestation is not widespread in the waterbody, and the department shall have determined that the exotic aquatic weed can in fact be [eradicated from] controlled in the waterbody.

(3) The most environmentally sound treatment technique relative to the specific infestation will be used, which also meets the requirements of state rules, including rules adopted under RSA 430.

(c) Develop an emergency response protocol to [eradicate] control small new infestations. The protocol may include contractual agreements with one or more licensed pesticide applicators that would enable the prompt treatment of exotic aquatic weeds with herbicides consistent with the criteria provided in subparagraph (b).

(d) Designate, in consultation with the department of fish and game and the division of safety services, department of safety, restricted use of exotic aquatic weed control areas.

201:5 Project Prioritization; Control of Exotic Aquatic Weeds. Amend RSA 487:18 to read as follows:

487:18 Project Prioritization. Project approval shall be based upon prioritization factors to be established by rules adopted under RSA 541-A. Such rules shall give first priority for expenditure of available funds to the [eradication of] control of new infestations of exotic aquatic weeds pursuant to RSA 487:17, II(b) [and second priority to all reasonable measures to control exotic aquatic weeds]. Otherwise, preference shall be given to lakes that have public access or that serve as a public drinking water supply. Implementation measures shall be based upon an assessment of potential success, technical feasibility, practicability, and cost effectiveness. Restoration and preservation projects shall include watershed management plans to control and reduce incoming nutrients wherever possible through best management practices. Repeated short-term solutions shall be discouraged where long-term solutions are feasible and cost effective. Treatments shall be designed to minimize any adverse effect upon fish and wildlife, their habitats, and the environment.

201:6 Cost Sharing; New Infestations of Exotic Aquatic Weeds. Amend RSA 487:21, III to read as follows:

III. For water quality maintenance programs, the department may provide an amount of funding not to exceed 80 percent of the total eligible costs, as determined by the department, except that for the [eradication] control of new infestations of exotic aquatic weeds the state may assume 100 percent of the cost.

201:7 Prospective Repeal; January 1, 2008. RSA 487:26-29, relative to the milfoil and other exotic aquatic plants prevention program is repealed.

201:8 Decrease in Boat Registration Fee for Lakes Restoration and Preservation Fund. RSA 270-E:5, II (a) is repealed and reenacted to read as follows:

(a) $2 for each registration specified in paragraph I. The fees collected under this subparagraph shall be paid into the lake restoration and preservation fund established under RSA 487:25.

201:9 Lake Restoration and Preservation Fund; Addition to Boat Fee; Reduced Amount. RSA 487:25, I is repealed and reenacted to read as follows:

I. The fee of $2 collected under the provisions of RSA 270-E:5, II(a) shall be paid to the director of the division of motor vehicles. The director of the division of motor vehicles shall pay over said fee to the state treasurer who shall keep the fee in a special fund to be expended by the department of environmental services. The department shall use $.50 of the fee for lake restoration and preservation measures, exclusive of exotic aquatic weed control, and $1.50 of the fee for the control of exotic aquatic weeds. The special fund shall be nonlapsing. All funds received under this section are continually appropriated to the department for the purposes of this subdivision.

201:10 Effective Date.

I. Sections 7-9 of this act shall take effect January 1, 2008.

II. The remainder of this act shall take effect January 1, 2003.

(Approved: May 15, 2002)

(Effective Date: I. Sections 7-9 of this act shall take effect January 1, 2008.