New Hampshire 2025 Regular Session

New Hampshire Senate Bill SB110 Compare Versions

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Old	New	Differences
1	1	SB 110-FN - AS AMENDED BY THE SENATE
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5	5	03/06/2025 0516s
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7	7	2025 SESSION
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9	9	25-1050
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11	11	06/11
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15	15	SENATE BILL110-FN
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19	19	AN ACTrelative to terrain permitting.
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23	23	SPONSORS:Sen. Lang, Dist 2; Sen. Pearl, Dist 17; Rep. Moffett, Merr. 4
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27	27	COMMITTEE:Energy and Natural Resources
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31	31	-----------------------------------------------------------------
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35	35	AMENDED ANALYSIS
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39	39	This bill establishes fees for applications for terrain alteration and requires the department of environmental services to adopt rules to establish a permit by notification for certain projects with plans encompassing an area less than 150,000 square feet.
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47	47	Explanation:Matter added to current law appears in bold italics.
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49	49	Matter removed from current law appears [in brackets and struckthrough.]
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51	51	Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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53	53	03/06/2025 0516s25-1050
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55	55	06/11
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59	59	STATE OF NEW HAMPSHIRE
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63	63	In the Year of Our Lord Two Thousand Twenty Five
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67	67	AN ACTrelative to terrain permitting.
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71	71	Be it Enacted by the Senate and House of Representatives in General Court convened:
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75	75	1 Terrain Alteration. Amend RSA 485-A:17, II(a) to read as follows:
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77	77	II.(a) The department shall charge a fee for [each review of plans] applications, including project inspections, required under this section.[ The plan review fee shall be based on the total area to be disturbed.] For projects that qualify for a permit by notification allowed by paragraph II-a, the application fee for a permit by notification shall be $3,125. Except for [property subject to RSA 483-B:9] projects that qualify for a permit by notification allowed by paragraph II-a, the fee for [review of plans] applications encompassing an area of at least [100,000] 150,000 square feet but less than 200,000 square feet shall be [$3,125] $6,250. [For the property subject to RSA 483-B:9, the fee for review of plans encompassing an area of at least 50,000 square feet but less than 200,000 square feet shall be $3,125.] An additional fee of [$1,250] $2,500 shall be assessed for each additional area of up to 100,000 square feet to be disturbed. For any property subject to RSA 483-B:9, the fee for review of plans encompassing an area of at least 50,000 square feet but less than 150,000 square feet shall be $5,000. For all other projects, the fee shall be $500 plus $0.005 per square foot of disturbance. No application shall be accepted by the department until the fee required by this paragraph is paid. All fees required under this paragraph shall be paid when plans are submitted for review and shall be deposited in the water resources fund established in RSA 482-A:3, III.
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79	79	(b) The department shall charge a non-refundable fee of $500 [plus a $.10 fee per square foot of disturbance associated with the amendment request] for each request to amend a permit that requires plans to be reviewed.
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81	81	2 Permit by Notification. RSA 485-A:17, II-a is repealed and reenacted to read as follows:
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83	83	II-a. By January 1, 2026, the department shall adopt rules to establish a permit by notification for projects with plans encompassing an area less than 150,000 square feet that are not subject to RSA 483-B:9.
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85	85	3 Effective Date. This act shall take effect 60 days after its passage.
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89	89	LBA
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91	91	25-1050
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93	93	1/20/25
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97	97	SB 110-FN- FISCAL NOTE
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99	99	AS INTRODUCED
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103	103	AN ACTrelative to terrain permitting.
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107	107	FISCAL IMPACT:
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110	110	Estimated State Impact
111	111	FY 2025 FY 2026 FY 2027 FY 2028
112	112	Revenue $0 Indeterminable Decrease ($100,000 to $500,000) Indeterminable Decrease ($100,000 to $500,000) Indeterminable Decrease ($100,000 to $500,000)
113	113	Revenue Fund(s) Water Resource Fund
114	114	Expenditures* $0 $0 Indeterminable Decrease ($10,000 to $100,000) Indeterminable Decrease ($10,000 to $100,000)
115	115	Funding Source(s) Water Resource Fund
116	116	Appropriations* $0 $0 $0 $0
117	117	Funding Source(s) None
118	118	Expenditure = Cost of bill Appropriation = Authorized funding to cover cost of bill
119	119	Estimated Political Subdivision Impact
120	120	FY 2025 FY 2026 FY 2027 FY 2028
121	121	County Revenue $0 $0 $0 $0
122	122	County Expenditures $0 $0 $0 $0
123	123	Local Revenue $0 $0 $0 $0
124	124	Local Expenditures $0 Indeterminable Increase ($500,000 to $1,000,000) Indeterminable Increase ($500,000 to $1,000,000) Indeterminable Increase ($500,000 to $1,000,000)
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130	130	Estimated State Impact
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134	134	FY 2025
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136	136	FY 2026
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138	138	FY 2027
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140	140	FY 2028
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142	142	Revenue
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144	144	$0
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146	146	Indeterminable Decrease ($100,000 to $500,000)
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148	148	Indeterminable Decrease ($100,000 to $500,000)
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150	150	Indeterminable Decrease ($100,000 to $500,000)
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152	152	Revenue Fund(s)
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154	154	Water Resource Fund
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156	156	Expenditures*
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158	158	$0
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160	160	$0
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162	162	Indeterminable Decrease ($10,000 to $100,000)
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164	164	Indeterminable Decrease ($10,000 to $100,000)
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166	166	Funding Source(s)
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168	168	Water Resource Fund
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170	170	Appropriations*
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172	172	$0
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174	174	$0
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176	176	$0
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178	178	$0
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180	180	Funding Source(s)
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182	182	None
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184	184	Expenditure = Cost of bill Appropriation = Authorized funding to cover cost of bill
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188	188	Estimated Political Subdivision Impact
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192	192	FY 2025
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194	194	FY 2026
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196	196	FY 2027
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198	198	FY 2028
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200	200	County Revenue
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202	202	$0
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204	204	$0
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206	206	$0
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208	208	$0
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210	210	County Expenditures
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212	212	$0
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214	214	$0
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216	216	$0
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218	218	$0
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220	220	Local Revenue
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222	222	$0
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224	224	$0
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226	226	$0
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228	228	$0
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230	230	Local Expenditures
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232	232	$0
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234	234	Indeterminable Increase ($500,000 to $1,000,000)
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236	236	Indeterminable Increase ($500,000 to $1,000,000)
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238	238	Indeterminable Increase ($500,000 to $1,000,000)
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242	242	METHODOLOGY:
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244	244	This bill amends RSA 485-A:17 to increase the square footage thresholds for terrain alteration plan review fees. Specifically, for properties not subject to RSA 483-B:9, the threshold for the $3,125 fee is raised from at least 100,000 square feet to at least 200,000 square feet, and for properties subject to RSA 483-B:9, the threshold remains at 50,000 square feet. All fees collected are deposited into the Water Resources Fund.
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246	246	The Department of Environmental Services (NHDES) states to estimates the fiscal impact of this bill they based their assumptions on application trends and program requirements. Using FY2024 data as a representative year, NHDES anticipates that the proposed increase in square footage thresholds for Alteration of Terrain (AoT) applications would eliminate the need for 79 out of 228 applications submitted, reducing annual fee revenue by approximately $250,000. While the exact decrease in revenue is indeterminable due to variations in application volume and project size, it is estimated to range between $100,000 and $500,000 annually. These changes would take effect in FY2026.
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248	248	The bill's impact on state expenditures is also indeterminable. Smaller applications, which would no longer require review, tend to be the easiest to process, and NHDES staff currently face challenges meeting statutory review deadlines for remaining applications. Although fewer applications may reduce workload, staffing reductions are unlikely before FY2027 and only if the remaining workload is manageable within statutory timeframes. Potential expenditure reductions are estimated between $10,000 and $100,000 annually but remain indeterminable.
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250	250	At the local level, municipalities may face increased costs to contract engineering firms for project reviews previously handled by AoT permits. NHDES estimates that 30-50% of the 79 projects removed from the state permitting process would require such reviews, at an average cost of $20,000 per project. Additionally, some municipalities may incur costs for restoring areas affected by unregulated stormwater runoff. These combined local expenditures are expected to increase by $500,000 to $1,000,000 annually, though the exact figure is indeterminable.
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254	254	AGENCIES CONTACTED:
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256	256	Department of Environmental Services