SB166: (New Title) relative to port moorings.

CHAPTER 308

SB 166-FN – FINAL VERSION

04/05/07 1070s

02Jan2008… 2641h

2008 SESSION

07-1297

03/01

SENATE BILL 166-FN

AN ACT relative to port moorings.

SPONSORS: Sen. Fuller Clark, Dist 24; Rep. Powers, Rock 16; Rep. Pantelakos, Rock 16; Rep. Grote, Rock 18; Rep. Borden, Rock 18; Rep. McEachern, Rock 16

COMMITTEE: Energy, Environment and Economic Development

AMENDED ANALYSIS

This bill:

I. Allows a person to appeal when a mooring permit is not issued because the application is submitted after the annual deadline.

II. Authorizes temporary seasonal moorings.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/05/07 1070s

02Jan2008… 2641h

07-1297

03/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to port moorings.

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

308:1 Division of Ports and Harbors; Powers and Duties; Moorings; Hearing. Amend RSA 12-G:42, VI-VII to read as follows:

VI. Administer and enforce permit programs for the placement and use of moorings, including temporary seasonal moorings, and state-owned slips in state tidal waters, including waiting lists for such permits.

VII. Set and collect fees for mooring and state-owned slip permits and waiting lists for such permits. The authority shall establish fees for state-owned slips in ports, harbors, and state tidal waters. Fees shall not be charged for state-owned slips in ports, harbors, or state tidal waters securing vessels discharging cargo that is subject to the federal Harbor Maintenance Tax imposed pursuant to 26 U.S.C. sections 4461-4462. The fees for state-owned slips shall be paid into the harbor dredging and pier maintenance fund established under RSA 12-G:46. If a mooring holder fails to submit a complete mooring application by the annual deadline, including any applicable late application filing period, and a mooring permit is not issued, then following reconsideration by the division director, said applicant may file an appeal with the board. The authority shall establish in rules the timeframe and standards for consideration of such an appeal.

308:2 Division of Ports and Harbors; Rules. Amend RSA 12-G:42, XI(c) to read as follows:

(c) Fees relating to the mooring permits, including temporary seasonal moorings, and mooring wait lists shall be designed to recover all of the budget expenses associated with implementation of the mooring permit and wait list system as well as a reasonable portion of the budget expenses consistent with the purposes of RSA 12-G:42, III, VI, and VII; RSA 12-G:43, I(a) and (c); and RSA 12-G:50.

308:3 Effective Date. This act shall take effect upon its passage.

Approved: July 2, 2008

Effective Date: July 2, 2008