poda-- 1 aanpumop REGULAR CALENDAR

March 27, 2018

HOUSE OF REPRESENTATIVES

REPORT OF COMMITTEE

The Majority of the Committee on Resources, Recreation and Development to which was referred SB 529-FN,

AN ACT (New Title) requiring the department of environmental services to conduct a study regarding the

Baker River in the town of Warren and making an appropriation for such study. Having considered the same, report the same with the following resolution:

RESOLVED, that it is INEXPEDIENT TO LEGISLATE.

Rep. John Mullen

FOR THE MAJORITY OF THE COMMITTEE

Original: House Clerk Cc: Committee Bill File MAJORITY COMMITTEE REPORT

Committee: Resources, Recreation and Development Bill Number: SB 529-FN Title: (New Title) requiring the department of environmental services to conduct a study regarding the Baker River in the town of Warren and making an appropriation for such study. . Date: March 27, 2018 Consent Calendar: REGULAR Recommendation: INEXPEDIENT TO LEGISLATE

STATEMENT OF INTENT

The Baker River is located at the foot of the White Mountains in Grafton County and runs through the town of Warren. The bill directs the Department of Environmental Services (DES) to consult with other departments to find a permanent solution to the perennial damage the river causes over the years. In 2004 a study was presented on the Baker River Restoration Project and grants were awarded to proceed to seek remedies. Due to subsequent weather events, these were not fully carried out. Directing DES to conduct new studies with little or no resources could jeopardize DES's ability to conduct other programs and services. There are no funds available to expand DES's resources in a non-budget year. It was also noted in committee testimony that focusing on just one section of a river body without considering up and down stream implications could be detrimental to those communities along the entire river, thus increasing the scope of requested action. Additionally, it was felt that the community could explore grants and alternate funding resources to accomplish what was being requested.

Vote 11-6.

Rep. John Mullen FOR THE MAJORITY

Original: House Clerk Cc: Committee Bill File REGULAR CALENDAR

Resources, Recreation and Development SB 529-FN, (New Title) requiring the department of environmental services to conduct a study regarding the Baker River in the town of Warren and making an appropriation for such study. MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS. Rep. John Mullen for the Majority of Resources, Recreation and Development. The Baker River is located at the foot of the White Mountains in Grafton County and runs through the town of Warren. The bill directs the Department of Environmental Services (DES) to consult with other departments to find a permanent solution to the perennial damage the river causes over the years. In 2004 a study was presented on the Baker River Restoration Project and grants were awarded to proceed to seek remedies. Due to subsequent weather events, these were not fully carried out. Directing DES to conduct new studies with little or no resources could jeopardize DES's ability to conduct other programs and services. There are no funds available to expand DES's resources in a non-budget year. It was also noted in committee testimony that focusing on just one section of a river body without considering up and down stream implications could be detrimental to those communities along the entire river, thus increasing the scope of requested action. Additionally, it was felt that the community could explore grants and alternate funding resources to accomplish what was being requested. Vote 11-6.

Original: House Clerk Cc: Committee Bill File BLURB: Resources, Recreation and Development Committee SB 529, requiring the department of environmental service to conduct a study regarding the Baker River in the town of Warren and making an appropriation for such study. MAJORITY: Inexpedient to Legislate, MINORITY: Ought to Pass Rep John Mullen for the Resources, Recreation and Development Committee. The Baker River is located at the foot of the White Mountains in Grafton County and runs through the town of Warren. The bill directs the Department of Environmental Services to consult with other departments to find a permanent solution to the perennial damage the river causes over the years. In 2004 a study was presented on the Baker River Restoration Project and grants were awarded to proceed to seek remedies. Due to subsequent weather events these were not fully carried out. Directing DES to conduct new studies with little or no resources could jeopardize DES ability to conduct other programs and services. There are no funds available to expand DES' resources in a non-budget year. It was also noted in committee testimony that focusing on just one section of a river body without considering up and down stream implications could be detrimental to those communities along the entire river, thus increasing the scope of requested action. Additionally, it was felt that the community could explore grants and alternate funding resources to accomplish what was being requested. VOTE 11-6 REGULAR CALENDAR

March 27, 2018

HOUSE OF REPRESENTATIVES

REPORT OF COMMITTEE

The Minority of the Committee on Resources, Recreation and Development to which was referred SB 529-FN,

AN ACT (New Title) requiring the department of environmental services to conduct a study regarding the

Baker River in the town of Warren and making an appropriation for such study. Having considered the same, and being unable to agree with the Majority, report with the recommendation that the bill OUGHT

TO PASS.

Rep. Tiffany Johnson

FOR THE MINORITY OF THE COMMITTEE

Original: House Clerk Cc: Committee Bill File MINORITY COMMITTEE REPORT

Committee: Resources, Recreation and Development Bill Number: SB 529-FN Title: (New Title) requiring the department of environmental services to conduct a study regarding the Baker River in the town of Warren and making an appropriation for such study. Date: March 27, 2018 Consent Calendar: REGULAR Recommendation: OUGHT TO PASS

STATEMENT OF INTENT

The minority feels that although there is an upfront cost associated with the study of the Baker River in Warren, this study will save the state the cost of repairing the damages from floods in the future. The Baker River floods every Spring, causing excessive damage and costing the towns as they have to repair the homes, bridges, and roads that the river washes out. The flooding river also threatens state highways and the state incurs the cost of repairs when they are damaged. By taking preventative measures now, we will be saving the state high costs of repair in the long run.

Rep. Tiffany Johnson FOR THE MINORITY

Original: House Clerk Cc: Committee Bill File REGULAR CALENDAR

Resources, Recreation and Development SB 529-FN, (New Title) requiring the department of environmental services to conduct a study regarding the Baker River in the town of Warren and making an appropriation for such study. OUGHT TO PASS. Rep. Tiffany Johnson for the Minority of Resources, Recreation and Development. The minority feels that although there is an upfront cost associated with the study of the Baker River in Warren, this study will save the state the cost of repairing the damages from floods in the future. The Baker River floods every Spring, causing excessive damage and costing the towns as they have to repair the homes, bridges, and roads that the river washes out. The flooding river also threatens state highways and the state incurs the cost of repairs when they are damaged. By taking preventative measures now, we will be saving the state high costs of repair in the long run.

Original: House Clerk Cc: Committee Bill File Tiffany Johnson for the minority. The minority feels that although there is an upfront cost associated with the study of the Baker River in Warren, this study will save the state the cost of repairing the damages from the floods in the future. The Baker River floods every spring, causing excessive damage and costing the towns as they have to repair the homes, bridges, and roads that the river washes out. The flooding river also threatens state highways and the state incurs the cost of repairs when they are damaged. By taking preventative measures now we will be saving the state high costs of repair in the long run. Voting Sheets HOUSE COMMITTEE ON RESOURCES, RECREATION AND DEVELOPMENT

EXECUTIVE SESSION on SB 529-FN

BILL TITLE: (New Title) requiring the department of environmental services to conduct a study regarding the Baker River in the town of Warren and making an appropriation for such study.

DATE: March 27, 2018

LOB ROOM: 305

MOTIONS: INEXPEDIENT TO LEGISLATE Moved by Rep. Mullen Seconded by Rep. Grassie Vote: 11-6

CONSENT CALENDAR: NO

Statement of Intent: Refer to Committee Report

Respectfully submitted,

-12.712 Rep Linda Gould, Clerk HOUSE COMMITTEE ON RESOURCES, RECREATION AND DEVELOPMENT

EXECUTIVE SESSION on SB 529-FN

BILL TITLE: (New Title) requiring the department of environmental services to conduct a study regarding the Baker River in the town of Warren and making an appropriation for such study.

DATE:

LOB ROOM: 305

MOTION: (Please check one box)

❑ OTP AITL ❑ Retain(18' year) O Adoption of Amendment # ❑ Interim Study (2nd year) (if offered)

Moved by Rep2nukt9.2.4-- Seconded by Rep...a) Vote: // — 6

MOTION: (Please check one box)

❑ OTP 0 OTP/A ❑ ITL ❑ Retain (Pt year) ❑ Adoption of Amendment # O Interim Study (2nd year) (if offered)

Moved by Rep. Seconded by Rep. Vote:

MOTION: (Please check one box)

O OTP 0 OTP/A ❑ ITL ❑ Retain (1st year) O Adoption of Amendment # O Interim Study (2nd year) (if offered)

Moved by Rep. Seconded by Rep. Vote:

MOTION: (Please check one box)

❑ OTP 0 OTP/A ❑ ITL O Retain (18' year) ❑ Adoption of Amendment # O Interim Study (2nd year) (if offered)

Moved by Rep. Seconded by Rep. Vote:

CONSENT CALENDAR: YES X NO 0_7 Minority Report? -X. Yes No If yes, author, Rep: L. L &%Th(`-- Motion

Respectfully submitted: (22/P A1°1—I Linda ould, Clerk

STATE OF NEW HAMPSHIRE 1/29/2018 3:01:43 PM OFFICE OF THE HOUSE CLERK Roll Call Committee Registers Report 2018 SESSION

RR&D Title: D1S accrar -71 1(3 Cker , PHBill Date:Cc2f37 / 0,27 / Exec Session Date: 3 /_,3 / / g

Motion: Amendment #:

MEMBER YEAS NAYS

Christensen, Chris Chariman -'--- Mullen, John A. Vice Chairman Renzullo, Andrew Gould, Linda Clerk L---=-- McConnell, James W. 2.----- Christie, Rick L-- -- Sehlerelnlittr 130-12 ce,p-r3cLai l ------

Vose, Michael Johnson, Tiffany L.:, RI-mob-Bob- 43'co 5 Smith, Suzanne J. 4,L,Ln) 1- Spefig-,--lal±T.- (iii—, , Parkhurst, Henry A. L. L---- Thomas, Yvonne D. C------GS-Suzanne H. A Maes, Kevin G. /____ Grassie, Chuck 1.---- Farnham, Betsey M. A---- Lisle, David L.---- TOTAL VOTE: 7 6

Page: 1 of 1 STATE OF NEW HAMPSHIRE 1/29/2018 3:01:43 PM OFFICE OF THE HOUSE CLERK Roll Call Committee Registers Report 2018 SESSION

RR&D Bill #: Title: J)ZS jrg Con^- doer 6- 61-c 4( re-sate-Ltt 3Q-Iver PH Date: j5 / J27 / Exec Session Date:

Motion: Amendment #:

MEMBER YEAS NAYS Christensen, Chris Chariman t------Mullen, John A. Vice Chairman 1 Renzullo, Andrew Gould, Linda Clerk L------McConnell, James W. Z---- Christie, Rick L------Sehterrerctric-t---. ci2 ctaxack_z_b txr Zar itki,Tlitk— - — 14-t—E--e 1%--- Vose, Michael Johnson, Tiffany Rimol, Bob— .elic, 5 Smith, Suzanne J. r g—LA_LP 1.-- spentrauatiTT. CU- 7 , Parkhurst, Henry A. L. L----- Thomas, Yvonne D. ------Gotting„-SLIZanne H. 4 s Maes, Kevin G. j____. Grassie, Chuck t----- Farnham, Betsey M. A---- Lisle, David L-- TOTAL VOTE: 7 6

Page: 1 of 1

STATE OF NEW HAMPSHIRE 1/29/2018 3:01:43 PM OFFICE OF THE HOUSE CLERK Roll Call Committee Registers Report 2018 SESSION

RR&D

Bill #: Title: DES 64... 4 a-tS2Th 3 oker PH Date: 3 /6 Exec Session Date: 3 / --11) 7 / Motion: r-T- L-. Amendment #:

MEMBER YEAS NAYS

Christensen, Chris Chariman [-:----- Mullen, John A. Vice Chairman I- Renzullo, Andrew Gould, Linda Clerk i------McConnell, James W. 1-- Christie, Rick L------Sehteltsicerictr Po_Q_ cLa--cact_ta V"• -- Zarlacislitk---, 1A -(---, L-=--- Vose, Michael Johnson, Tiffany Rimel-, Bob- ..ilo 5 Smith, Suzanne J. r g--LL I.-- Spanth-Judittj. Chpj- > - Parkhurst, Henry A. L. Z----- Thomas, Yvonne D. /------GreittlIng,_.Suzanne H. A (,) Maes, Kevin G. I__ Grassie, Chuck i------Farnham, Betsey M. Ls----- Lisle, David L.-- TOTAL VOTE: / / 6

Page: 1 of 1 Hearing Minutes

HOUSE COMMITTEE ON RESOURCES, RECREATION AND DEVELOPMENT

PUBLIC HEARING ON SB 529-FN

BILL TITLE: (New Title) requiring the department of environmental services to conduct a study regarding the Baker River in the town of Warren and making an appropriation for such study.

DATE: March 27, 2018

LOB ROOM: 305 Time Public Hearing Called to Order: 10:55

Time Adjourned: 11:18

Committee Members: Reps. Christensen, Mullen, Gould, Renzullo, McConnell, Christie, Vose, T. Johnson, Parkhurst, Y. Thomas, Gottling, Maes, Grassie, Farnham and Lisle Cahill, Baldasaro, Hill

Bill Sponsors: Sen. Giuda Sen. Avard Sen. Birdsell Sen. Bradley Sen. Carson Sen. Daniels Sen. Gannon Sen. Gray Sen. Innis Sen. Reagan Sen. Sanborn Sen. Ward Sen. Watters Rep. Ladd Rep. Brown Rep. Hinch Rep. Binford Rep. Schwaegler

TESTIMONY

Sen Guida, Sponsor, Problem for town of Warren-trying to get state to help-looking for a state solution. Commissioner of DES recommended study.

*Gene Forbes, NH DES, DES does not have money to conduct study

Respectfully Submitted,

Rep Linda Gould, Clerk

HOUSE COMMITTEE ON RESOURCES, RECREATION AND DEVELOPMENT

PUBLIC HEARING ON SB 529-FN

BILL TITLE: (New Title) requiring the department of environmental services to conduct a study regarding the Baker River in the town of Warren and making an appropriation for such study.

DATE:

ROOM: 305 Time Public Hearing Called to Order:

Time Adjourned: 1•' S-

(please circle if present)

Committee Memb o ld enzul -Seliteren- hnson Suzann'1i,S-pa ----.Parkhurst o tlin Gras e Farnh-ah. d Lisle C4,40 ect_Lta,1,,,k) / Bill Sponsors: Sen. Giuda Sen. Avard Sen. Birdsell Sen. Bradley Sen. Carson Sen. Daniels Sen. Gannon Sen. Gray Sen. Innis Sen. Reagan Sen. Sanborn Sen. Ward Sen. Watters Rep. Ladd Rep. Brown Rep. Hinch Rep. Binford Rep. Schwaegler

TESTIMONY

* Use asterisk if written testimony and/or amendments are submitted.

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Testimony

The State of New Hampshire Department of Environmental Services NHDES Robert R. Scott, Commissioner

March 27, 2018

The Honorable Chris Christensen, Chair House Resources, Recreation, and Development Committee Legislative Office Building; Room 305 Concord, NH 03301

RE: SB 529-FN, An Act requiring the department of environmental services to conduct a study regarding the Baker River in the town of Warren and making an appropriation for such study.

Dear Chairman Christensen and Members of the Committee:

Thank you for the opportunity to testify on SB 529-FN relative to requiring the department of environmental services to conduct a study regarding the Baker River in the town of Warren and making an appropriation for such study.

The New Hampshire Department of Environmental Services (NHDES) supports the bill but is concerned the bill only appropriates the sum of $1 to conduct the study.

NHDES has researched the cost to perform such a study with experts in the field and learned the cost would be on the order of $400,000. Since NHDES does not have a budget for this study the monies would need to come from a general fund appropriation or other source.

NHDES welcomes opportunities to improve our processes in order to better accomplish our mission of protecting public safety, health and the environment, and thanks the bill's sponsors. If you have further questions or need additional information, please contact Clark Freise, Assistant Commissioner, ([email protected] 271-4054) or Eugene Forbes, Director, Water Division, ([email protected] 271-3308).

Sincerely,

obert R. Scott Commissioner

cc: Senators Giuda, Avard, Birdsell, Bradley, Carson, Daniels, Gannon, Gray, Innis, Reagan, Sanborn, Ward, and Watters Representatives Ladd, Brown, Hinch, Binford, and Schwaegler www.des.nh.gov 29 Hazen Drive • PO Box 95 • Concord, NH 03302-0095 (603) 271-3503 • Fax: 271-2867 TDD Access: Relay NH 1-800-735-2964 NEW HAMPSHIRE RIVERS COUPc IL Rivers Make New Hampshire!

Board of Directors Michele L. Tremblay March 27, 2018 President Webster The Honourable Chris Christensen, Chair Donald L. Ware House Resources, Recreation, and Development Committee Treasurer Merrimack LOB 305 Concord NH 03301 Sally Soule Secretary Kittery Point RE: SB429-FN Baker River in the Town of Warren Jacquie Colburn Bar Harbor Dear Chair Christensen, Steven Lowe Canterbury The New Hampshire Rivers Council has concerns about this bill, Frank Tupper which would require that the finite resources of the NH Canterbury Department of Environmental Services be redirected to the Baker River and, more specifically, the Town of Warren. The Honorary Directors Stephen Blackmer Council feels that the department's resources are best directed Camilla Lockwood to supporting groups and municipalities who work together on Patricia Schlesinger Kelly Short watershed solutions and on statewide or transferable efforts.

The Baker River has been studied and would benefit from a continued process to identify solutions that work with natural systems and not against them. This means that river dynamics

Consultant and energy have to be considered beyond municipal borders. Carl Paulsen Depending on Congress's priorities, there may be US EPA and Fundraising and Membership Services other funding available for projects that employ a collaborative, community-based approach to conduct a geomorphology study of the entire river. These studies should be conducted by consultants selected through the state's qualifications-based selection process vs. by state department staff.

The New Hampshire Rivers Council formed as the New Hampshire Rivers Campaign, a group of concerned citizens and conservation organizations that united in 1985 to create a voice

Mission for protection of New Hampshire rivers. The Campaign helped Ecologically sound establish the state's Rivers Management and Protection management of New Hampshire's rivers, Program in 1989. The Campaign also helped shepherd river watersheds, and related natural resources.

54-207 PORTSMOUTH STREET, CONCORD, NH 03301 • 603.228.6472 • [email protected] • WWW.NHRIVERS.ORG NEW HAMPSHIRE RIVERS COUNCIL Rivers Make New Hampshire!

nominations into the new state protection program and helped establish river corridor protections under the state's Comprehensive Shoreland Protection Act.

Please do not hesitate to contact me at 603.796.2615 or [email protected] if I may provide any further assistance.

Sierel

Michele L. Tremblay President, Board of Directors

CC: Sen. Giuda Sen. Avard Sen. Birdsell Sen. Bradley Sen. Carson Sen. Daniels Sen. Gannon Sen. Gray Sen. Innis Sen. Reagan Sen. Sanborn Sen. Ward Sen. Watters Rep. Ladd Rep. Brown Rep. Hinch Rep. Binford Rep. Schwaegler Robert R. Scott, Commissioner, NH Department of Environmental Services Ted Diers, Administrator, Watershed Management Bureau, NHDES Tracie Sales, Manager Rivers Management and Protection Program Michele L. Tremblay, Chair, Rivers Management Advisory Committee

54-207 PORTSMOUTH STREET, CONCORD, NH 03301 • 603.228.6472 • INFOONHRIVERS.ORG • WWW.NHRIVERS.ORG /otinq Members: ichele L. Tremblay N.H. Rivers Management and Protection Program Chair Conservation Community N.H. Rivers Management Advisory. Committee Larry T. Spencer Vice Chair March 27, 2018 Conservation Commissions The Honorable Chris Christensen Edna Feighner Historic/Archeological Chair, House Resources, Recreation and Development Committee Interests Legislative Office Building, Room 305 Mark Lombardi Concord, NH 03301 Granite State Hydropower Association RE: SB 529 An act requiring the department of environmental services to Frederick J. McNeill conduct a study regarding the Baker River in the town of Warren and Municipal Officer making an appropriation for such study. Roger Noonan Agricultural Community Dear Chair Christensen and Members of the Committee: Allan G. Palmer Business & Industry Association The Rivers Management Advisory Committee (RMAC) appreciates the James W. Ryan opportunity to comment on Senate Bill 529, which requires New NH Fish & Game Commission Hampshire Department of Environmental Services (NHDES) to conduct a study regarding the Baker River in the town of Warren. The RMAC Norman Sims Recreational Interests opposes this bill because it sets a precedent of a single town receiving special privileges from the state that are not available to all municipalities. Local River Management Advisory Committees The RMAC advises on the management of not only the eighteen Donald L. Ware Public Water Suppliers designated rivers and river segments in New Hampshire, but on all of the state's rivers. The Baker River is not itself a designated river, but it is one Non-Voting Members: of the primary tributaries to the state designated Pemigewasset River, Jennifer Gilbert NH Office of which then joins with the Winnipesaukee River to form the designated Strategic Initiatives upper Merrimack River. Therefore, activities in and around the Baker Mark Hemmerlein River have the potential to also, impact downstream designated rivers. NH Department of Transportation Patrick Hummel The RMAC is concerned that this bill will redirect the finite resources at NH Department of NHDES to the Baker River and, more specifically, the Town of Warren, Natural and Cultural Resources rather than supporting groups and municipalities that work together on watershed solutions—or the Department's efforts on statewide or John Magee NH Fish & Game transferable efforts. The Baker River has been previously studied, and Department would benefit from a continued process to find a solution that works with Gail McWilliam Jellie natural systems, not against them. This means that river dynamics and NH Department of Agriculture, energy must be considered beyond municipal borders. Depending on Markets & Food Congress's priorities, there may be US EPA and other funding available Whitney Welch for projects that use collaborative, community-based restoration and NH Department of Safety stabilization techniques. The geomorphology studies proposed by SB 529 should be conducted by consultants selected through the state's Staff: Tracie Sales qualifications-based selection process. Rivers & Lakes Programs Manager, NHDES

Kathy Black Rivers & Lakes Programs 29 Hazen Drive; PO Box 95; Concord, NH 03302-0095; Tel: 271-8811; Fax 271-7894 Assistant, NHDES http://dessrh.qov/orcianization/divisions/water/wmb/rivers/rmac/index.htm The Honorable Chris Christensen Chair, House Resources, Recreation and Development Committee SB 529 March 27, 2018 Page 2

The RMAC is a legislatively created body charged to work with NHDES to administer RSA 483, the Rivers Management and Protection Program. The Governor and Council appointed Committee is composed of representatives from business, agriculture, hydroelectric, municipal government, water supply, conservation, recreation, fish and game, and historical interests. Among its other responsibilities, the RMAC is charged with reviewing legislation relevant to the Program and with advising the NHDES Commissioner on the merits of such legislation.

In conclusion, the RMAC opposes SB529 because it sets a dangerous precedent of local government privilege that should be available to all New Hampshire communities.

Should you have any questions regarding our testimony, please feel free to contact me at 603.796.2615 or MLTnaturesource.net.

Sincerely,

Michele L. Tremblay Chair ec: Sen. Bob Guida Sen. Rep. David Binford Sen. Rep. Duane Brown Sen. Rep. Richard Hinch Sen. Rep. Rick Ladd Sen. Gary Daniels Rep. Vicki Schwaegler Sen. William Gannon RMAC Representatives Sen. James Gray Govenor Chris Sununu Sen. Daniel Innis Robert R. Scott, Commissioner, NHDES Sen. John Reagan Eugene Forbes, Director, Water Division, NHDES Sen. Andy Sanborn Ted Diers, Administrator, Watershed Mgmt. Bur., NHDES Sen. Ruth Ward Tracie Sales, Rivers and Lakes Programs Manager, NHDES Sen. David Watters Local River Management Advisory Committee Chairs

29 Hazen Drive; PO Box 95; Concord, NH 03302-0095; Tel: 271-8811; Fax 271-7894 http://des.nh.qoviondanization/divisionsiwater/wmb/rivers/rmacrindex.htm SIGN UP SHEET

To Register Opinion If Not Speaking

Bill # 5-,) 9 -r-kf Date tAaCC.fi-N c9r7. .)18/ Committee es te cis ,

** Please Print All Information ** (check one) Name Address Phone Representing Pro Con

`3 -/I)/t)-7-?te 9/i-g-Xy/b1) ; ei----7 /:5-riC_'.7-- / it (-----

. -(211. .54-1Arita , ei ) -- it- l/ Se44. 4.\1; Y.Acr,Q 51,94 i - a. Sevi. LA, Vik-H V; ST -- '-- / t.)419 Si-P-0 - 2 4-4 el.rdea .1 Fiscal Note LBAO 18.2865 12/19/17

SB 529-FN- FISCAL NOTE AS INTRODUCED

AN ACT authorizing river maintenance in the town of Warren. FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None

Estimated Increase / (Decrease) STATE: FY 2019 FY 2020 FY 2021 FY 2022 Appropriation $0 $0 $0 $0 Revenue $0 $0 $0 $0 Expenditures $117,000 $112,000 $119,000 $121,000 Funding Source: [X] General [ ] Education [ ] Highway [ ] Other

METHODOLOGY: This bill authorizes the Town of Warren to remove timber and debris from a section of the Baker River each year and to dredge the river channel every other year based on a course defined by a hydrogeologist from the Department of Environmental Services. Any fees imposed by the Department of Environmental Services relative to dredging are waived and the town shall remain eligible for any other dredge permits and federal disaster aid.

The Department of Environmental Services indicates there is no existing hydrogeologist position in the Department that could be utilized to perform the duties required by the bill. The Department assumes a licensed civil engineer with experience specifically related to river fluvial geomorphology and river restoration work would be needed to perform the required work. The work would include: analyzing historic river conditions and data, collecting field data, developing modeling, preparing design plans and monitoring construction work. Such a position would be classified as a Civil Engineer V in the State's personnel classification system. The cost for the position including benefits, equipment and current expenses would be $117,000 in FY 2019, $112,000 in FY 2020, $119,000 in FY 2021 and $121,000 in FY 2022. Since the bill does not allow for the assessment of fees, the position would need to be supported by the General Fund. The Department states, since the bill relates only to one town, there would be no fiscal impact to the counties or to local government in general.

AGENCIES CONTACTED: Department of Environmental Services

SB 529-FN - AS AMENDED BY THE SENATE 02/15/2018 0391s 2018 SESSION 18-2865 08/06

SENATE BILL 529-FN AN ACT requiring the department of environmental services to conduct a study regarding the Baker River in the town of Warren and making an appropriation for such study.

SPONSORS: Sen. Giuda, Dist 2; Sen. Avard, Dist 12; Sen. Birdsell, Dist 19; Sen. Bradley, Dist 3; Sen. Carson, Dist 14; Sen. Daniels, Dist 11; Sen. Gannon, Dist 23; Sen. Gray, Dist 6; Sen. Innis, Dist 24; Sen. Reagan, Dist 17; Sen. Sanborn, Dist 9; Sen. Ward, Dist 8; Sen. Watters, Dist 4; Rep. Ladd, Graf. 4; Rep. Brown, Graf. 16; Rep. Hinch, Hills. 21; Rep. Binford, Graf. 15; Rep. Schwaegler, Graf. 3

COMMITTEE: Energy and Natural Resources

AMENDED ANALYSIS

This bill requires the department of environmental services to conduct a study to determine options and costs for a solution to the perennial damage caused by the Baker River in the town of Warren and makes an appropriation for such study.

Explanation: Matter added to current law appears in bold italics. Matter removed from current law appears [in bracketa and atruekthroughl Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

SB 529-FN - AS AMENDED BY THE SENATE 02/15/2018 0391s 18-2865 08/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eighteen AN ACT requiring the department of environmental services to conduct a study regarding the Baker River in the town of Warren and making an appropriation for such study.

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

1 1 Department of Environmental Services; Baker River Study. The department of 2 environmental services shall conduct a study to determine options and costs for a permanent 3 solution to the perennial damage caused by the Baker River in the town of Warren. The 4 department of environmental services shall consult with the department of transportation, the fish 5 and game department, and the department of natural and cultural resources on the design of such 6 permanent solution. 7 2 Appropriation. The sum of $1 for the fiscal year ending June 30, 2019 is hereby appropriated 8 to the department of environmental services for the purpose of the study required in section 1 of 9 this act. This appropriation is in addition to any other funds appropriated to the department of 10 environmental services. The governor is authorized to draw a warrant for said sum out of any 11 money in the treasury not otherwise appropriated. 12 3 Effective Date. This act shall take effect July 1, 2018.