Relative to revising the penalties of the shoreland protection act.
The proposed changes in HB 1103 are particularly significant as they enhance the Department of Environmental Services' ability to impose civil penalties and administrative fines for violations of the Shoreland Protection Act. The bill updates the existing criteria that govern when and how the Department could seek voluntary compliance or impose fines for infractions, thereby aiming to improve overall compliance with environmental regulations. While the specific amounts for fines have not changed, the law's restructured framework is expected to lead to an increased assessment of penalties by streamlining enforcement efforts.
House Bill 1103 seeks to amend the penalties outlined in the Shoreland Protection Act (RSA 483-B) concerning violations that affect public waterways. The bill introduces adjustments to the enforcement mechanisms and penalties applicable to individuals or entities that violate the provisions of this environmental law. One key aspect of the bill is the stipulation that violators must restore affected areas to meet stipulated standards within a year of receiving a violation notification from the Department of Environmental Services. If they fail to comply, they will be subject to specified penalties as outlined in the newly revised provisions.
There has been discussion surrounding the bill, centered on its potential impacts on stakeholders, especially regarding municipal accountability and the ramifications for local governance. Some critics argue that by elevating penalties, the bill poses a challenge for property owners and municipalities striving to maintain compliance. Conversely, proponents of HB 1103 assert that a stronger enforcement mechanism is necessary to uphold state water quality standards and ensure the protection of shoreland areas. The change in penalties aims to deter violations more effectively and foster a culture of environmental stewardship.
Another significant element of HB 1103 is its projected fiscal impact on the state. While the bill does not impose new expenditures, it is anticipated to lead to an indeterminable increase in revenue generated from penalties collected due to violations under the Shoreland Protection Act. The bill is framed to take effect on January 1, 2025, allowing for a transitional period before the revised penalties become enforceable.