CHAPTER 258
SB 481-FN-LOCAL – FINAL VERSION
02/19/04 0417s
5May2004… 1378h
05/25/04 1653cofc
05/25/04 1683eba
2004 SESSION
06/10
SENATE BILL 481-FN-LOCAL
AN ACT establishing a sewer and other water-related purposes district for Great Bay.
This bill:
I. Establishes the Estuary Alliance for Sewage Treatment (EAST), for the purpose of developing joint public wastewater collection, treatment, and discharge systems for the disposal of treated wastewater, and for other water-related purposes, for municipalities in the Great Bay estuary and related area.
II. Requires EAST to obtain legislative approval for construction of a regional outfall sewer pipe.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/19/04 0417s
5May2004… 1378h
05/25/04 1653cofc
05/25/04 1683eba
04-3198
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Four
AN ACT establishing a sewer and other water-related purposes district for Great Bay.
Be it Enacted by the Senate and House of Representatives in General Court convened:
258:1 New Chapter; Estuary Alliance for Sewage Treatment. Amend RSA by inserting after chapter 485-D the following new chapter:
CHAPTER 485-E
ESTUARY ALLIANCE FOR SEWAGE TREATMENT
485-E:1 Statement of Policy. The purpose of the chapter is to achieve the restoration of the estuary habitat as part of the National Estuary Restoration Act of 2000, to develop an estuary habitat restoration funding strategy for creating and maintaining effective partnerships with the federal government and with the private sector, to establish a funding partnership between local communities and the state, and to seek federal assistance for and promote efficient financing of the Great Bay estuary habitat restoration projects. It is recognized that in certain cases municipalities in New Hampshire may, in order to avoid duplication of cost and effort, and in order to take advantage of economies of scale, find it necessary or advisable to enter into agreements whereby joint public wastewater collection, treatment, and discharge systems are designed, constructed, operated, and maintained. The state of New Hampshire recognizes the value of and need for such agreements, and the Estuary Alliance for Sewage Treatment is established for this purpose or for other water-related purposes.
485-E:2 Definitions. In this chapter:
I. “Alternatives development” means the fully analyzed alternatives by the consultant as detailed by the “Scope of Services Feasibility Study for a Regional Outfall Sewer System.”
II. “Construction” shall include all engineering services in addition to the construction of joint public wastewater collection, treatment, and discharge systems, except those intercepting sewers and facilities retained by municipalities; or any other associated work, or both, and including any necessary land acquisition, easements, and rights-of-way.
III. “Directors” means the EAST board of directors.
IV. “EAST” means the Estuary Alliance for Sewage Treatment.
V. “Municipalities” means cities, towns, village districts, or other incorporated units of local government possessing authority to construct, maintain, and operate public wastewater facilities and to raise revenue therefor by bonding and taxation, which may legally impose and collect user charges and impose and enforce regulatory control upon users of public wastewater facilities.
VI. “Operation and maintenance” shall include maintenance of all buildings, equipment, supplies, and administrative costs associated with the management of joint public wastewater collection, treatment, and discharge systems, and for such other purposes as may be involved in the operation of an effective regional pollution control program.
VII. “Sewage” means the water-carried waste products from buildings, public or private, together with such groundwater infiltration and surface water as may be present.
485-E:3 Estuary Alliance for Sewage Treatment. There is hereby established a public body corporate and politic having a distinct legal existence separate from the state and not constituting a department or agency of the state government to be known as the Estuary Alliance for Sewage Treatment, also known as EAST. The public purpose of EAST is:
I. To acquire, own, and operate or cause to be operated joint public wastewater collection, treatment, and discharge systems to be used for the collection, treatment, and disposal of treated wastewater from the municipal sewage treatment plants in the Great Bay estuary area.
II. To act for other water-related purposes.
485-E:4 Method of Joining EAST by Agreement.
I. The agreement to become a member of EAST shall be adopted by the legislative body of a municipality in accordance with statutory procedures for the adoption of interlocal agreements between municipalities.
II. Agreements entered into pursuant to this alliance shall contain at least the following:
(a) A system of charges for users of the joint public wastewater discharge distribution system.
(b) A uniform set of standards for users of the joint public wastewater discharge distribution system.
(c) A provision for the pro rata sharing of operating and maintenance costs based upon actual usage.
(d) A provision establishing a procedure for the arbitration and resolution of disputes.
(e) A provision establishing a procedure for the carrying of liability insurance, if such insurance is necessary under the laws of the state of New Hampshire.
(f) A provision establishing a procedure for the modification of the agreement.
(g) A provision establishing a procedure for the adoption of regulations for the use, operation, and maintenance of the joint public wastewater collection, treatment, and discharge systems.
(h) A provision setting forth the means by which a municipality that does not own the joint public wastewater discharge distribution system will pay the other municipalities its share of the maintenance and operating costs of the system.
III. Cooperative agreements entered into by municipalities under EAST shall be consistent with the laws of the state. Actions taken by a municipality pursuant to this alliance, or pursuant to an agreement entered into under this alliance, including the incurring of obligations or the raising and appropriating of revenue, shall be valid only if taken in accordance with the laws of the state of New Hampshire.
485-E:5 Review and Approval of Plans. The department of environmental services shall review and approve or disapprove all reports, designs, plans, and other engineering documents required to apply for federal grants-in-aid or grants-in-aid from the state.
485-E:6 Federal Grants and Financing.
I. Application for federal grants-in-aid for the planning, further alternatives feasibility studies, and other alternative water-related solutions shall be made by EAST. Each municipality shall be responsible for applying for federal and state grants for facilities or other water-related solutions not used by EAST.
II. Municipalities may raise and appropriate revenue for the purpose of contributing pro rata to the planning and further study of alternatives development of joint public wastewater collection, treatment, and discharge systems or other water-related infrastructure solutions, or both, as joint facilities development alternatives pursuant to this alliance.
485-E:7 Board of Directors.
I. The board of directors of EAST shall consist of the following representatives:
(a) One from every town or city that has joined EAST by agreement, appointed by the governing body.
(b) One member of the county commission from each county in which one or more municipalities participate in EAST, appointed by each respective county chairperson.
(c) The commissioner of the department of environmental services, or designee, who shall be a non-voting member.
II. Each entity in paragraph I of this section may appoint an alternate who will serve if the primary board member is absent. The board of directors shall hold office for 2 years. All initial appointments shall be regarded as having begun on the day of the annual meeting.
III. Annually, the board of directors shall elect one of its members as chairperson and another as vice-chairperson. The directors shall elect a secretary and a treasurer who shall also be board members, and the same person may serve both as secretary and as treasurer. The officers shall be elected by majority vote.
IV. The directors shall serve without compensation, but EAST shall reimburse its directors for actual expenses appropriately and necessarily incurred in the discharge of their duties.
485-E:8 General Powers. EAST shall have the following powers:
I. To sue and be sued.
II. To adopt and have an official seal.
III. To adopt such bylaws and rules as necessary to exercise the powers and perform the duties under this chapter.
IV. To adopt rules governing the use, operation, and maintenance of the joint public wastewater collection, treatment, and discharge systems.
V. To acquire, hold, use, and dispose of its income, revenues, funds, and moneys; and to deposit any moneys of EAST in accordance with the general laws of the state of New Hampshire.
VI. To appoint and employ officers, attorneys, engineers, consultants, agents, and employees as required to carry out the purposes of EAST and to determine their qualifications, terms of office, duties, and compensation. EAST may require bonds of its officers or employees.
VII. To take and hold such materials, lands, easements, and rights-of-way as may be required for the purposes of this act.
VIII. To rent, lease, hold, use, and dispose of the system or any part of the system.
IX. To apply for and accept gifts, loans, or grants of property, funds, money, materials, labor, supplies, or services from the United States of America or the state of New Hampshire or its agencies or departments or any person, municipality, county, or firm, or corporation, and to carry out the terms or provisions or make agreements with respect to any such gifts, loans, or grants, and to do any and all things necessary, useful, desirable, or convenient in connection with procuring, accepting, or disposing of such gifts, loans, or grants.
X. To make, enter into, and enforce all permits, contracts, or agreements with any department or agency of the United States of America or of the state of New Hampshire or any public corporation, or quasi-public corporation or any individual, necessary, convenient, or desirable for the purposes of EAST.
XI. To fix rates or other charges for the use of its system and to alter or change them as it may find necessary.
485-E:9 Contracts Made by EAST.
I. EAST may enter into contracts and agreements which it considers to be in the interests of its public purposes with any person or persons, with any public or quasi-public corporation with any state, and with the United States and any department or agency thereof. It may enter into agreements for the joint use of any property and rights by EAST and by any public utility operating any sewage treatment facility; agreements with any public utility operating any sewage treatment facility either within or without the service area for the joint use of any property of EAST or the public utility, and agreement with any person, or public corporation or quasi-public corporation for the maintenance, servicing, operation, or use of any sewage treatment facility, property, or equipment on such basis as shall seem to EAST consonant with its public purposes.
II. EAST may make contracts, leases, and agreements with any department or agency of the United States of America or of the state of New Hampshire, or with any person, municipality, county, or labor union, and may generally perform all acts necessary for the full exercise of the powers vested in it. EAST may acquire property under conditional sales contracts, leases, equipment trust certificates, or any other form of contracts, leases, equipment trust certificates, or any other form of contract or trust agreement. Contracts may be let by an officer, employee, or agent of EAST in such manner as may be authorized from time to time by EAST.
485-E:10 Exemption from Regulation. With the exception of insurance and safety requirements, EAST shall not be regulated by the New Hampshire public utilities commission.
485-E:11 Exemption from Taxes. All property of EAST is hereby declared to be public property devoted to the public purpose of developing a regional sewage discharge, collection, and distribution system, outfall delivery system, and for other water-related purposes to aid the Great Bay estuary area faced with the solution of sewage treatment needs and shall be exempt from all taxes and special assessments of the state or any of its subdivisions. EAST shall not be required to pay taxes or assessments upon its activities or upon any of its revenues.
485-E:12 Outfall Pipe; Legislative Approval Required. EAST shall obtain approval from the legislature before constructing a regional outfall sewer pipe.
485-E:13 Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are severable.
258:2 First Meeting. The chairperson of the Great Bay Estuary commission, established by 2003, 236, shall call the first meeting of EAST prior to November 1, 2005.
258:3 Effective Date. This act shall take effect 60 days after its passage.
(Approved: Enacted in accordance with Article 44, Part II of N.H. Constitution, without signature of Governor, June 16, 2004)
(Effective Date: August 15, 2004)