Bill Text: NH HB221 | 2011 | Regular Session | Introduced
Bill Title: Establishing a procedure for leasing state parks.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-09-13 - House Retained Bill - Executive Session: 10/25/2011 10:00 Amendment Legislative Office Building 305 [HB221 Detail]
Download: New_Hampshire-2011-HB221-Introduced.html
HB 221 – AS INTRODUCED
2011 SESSION
04/03
HOUSE BILL 221
AN ACT establishing a procedure for leasing state parks.
SPONSORS: Rep. Bolster, Belk 5; Rep. St. Cyr, Belk 5; Rep. Pilliod, Belk 5; Rep. Spang, Straf 7
COMMITTEE: Resources, Recreation and Development
This bill establishes a procedure for the leasing of state parks.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0346
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT establishing a procedure for leasing state parks.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Lease of State Parks. Amend RSA 216-A by inserting after section 6-a the following new subdivision:
216-A:6-b Definitions. In this subdivision:
I. “Commissioner” means the commissioner of the department of resources and economic development.
II. “Director” means the director of the division of parks and recreation, department of resources and economic development.
III. “Division” means the division of parks and recreation, department of resources and economic development.
IV. “Lease” means a written instrument to which the state and a lessee are parties which provides for the development, management, or operation of a state park and the payment of rent to the state.
V. “Lease evaluation committee” or “committee” means the state park system advisory council, established in RSA 216-A:3-k. Only for the purpose of performing its duties under this subdivision relative to the evaluation of proposed leases of state parks and the monitoring of leases of state parks, the membership of the state park system advisory council shall also include the following individuals:
(a) If state historical sites or facilities are involved, the commissioner of the department of cultural resources or designee.
(b) The executive director of the fish and game department, or designee.
(c) The commissioner of the department of environmental services or designee.
(d) The director of the appropriate regional planning commission as determined by the commissioner of the department of resources and economic development.
(e) A representative from each local community who shall be appointed by the governing body of the local community.
VI. “Local community” means any municipality or unincorporated place:
(a) In which the state park which is the subject of the proposed lease is located, whether in whole or in part; or
(b) That abuts the state park which is the subject of the proposed lease; or
(c) That provides services to, or is affected by, the operation of the state park which is the subject of the proposed lease, as determined by the director in consultation with the appropriate regional planning commission.
VII. “State park” means any land or infrastructure, whether in whole or in part, owned by the state and managed by the division for recreational, cultural, historical, or educational purposes.
216-A:6-c Lease of State Parks.
I. Except as provided in this section, no state park shall be leased to any entity without legislative authorization and subsequent approval of the lease by the governor and council.
II. This section shall not apply to operations related to souvenir and food service concessions, ski instruction, rental, or repair, or to any other similar type of auxiliary activity where the management and overall operations of the state park remains with the state.
216-A:6-d Evaluation of Proposed Lease.
I. The commissioner shall review all lease proposals and determine which proposals shall be submitted to the committee.
II. If the commissioner submits a lease proposal to the committee, the committee shall first determine if the lease proposal contains sufficient information to be evaluated under paragraph III. If the committee determines additional information is needed, it may request the lease applicant to provide such additional information as the committee determines is reasonably necessary to properly evaluate the proposal. The additional cost of providing such information to the committee shall be borne by the lease applicant.
III. The committee shall evaluate the proposed lease of a state park using the following criteria:
(a) The effect on the current 10-year strategic plan for the specific state park and the role of the state park in the state park system.
(b) The proposed lessee possesses the financial, technical, and managerial capabilities to ensure that the state park shall be managed and operated in accordance with any conditions the committee may deem necessary.
(c) The financial benefit of the proposed lease to the state park system.
(d) The benefits of the proposed lease to the public using the state park, to the public using the state park system, and to local communities and businesses in the area of the state park, and in the state as a whole.
(e) The environmental effects of the proposed lease.
(f) Any relevant issues in local communities which may be caused by the proposed lease, including land use, infrastructure issues, and emergency and other community services.
(g) Whether the activities in the proposed lease would be permitted under state or federal law.
(h) The proposed lessee agrees to the retention of as many state employees as is practicable under the proposed lease.
(i) The proposed lease will have a minimal net adverse impact on the economy, aesthetics, historical sites, public health or safety, or quality of life in a local community or in the state as a whole.
(j) The proposed lease shall specifically address any additional financial impacts to local communities in the areas of public safety and infrastructure maintenance and improvement and provide a means to meet and fund such additional needs.
(k) The proposed lease shall contain a 10-year development plan detailing proposed expansion and improvements on the land which is the subject of the lease.
(l) The proposed lease provisions shall not result in any disturbance to a burial site, memorial, or designated historic site, nor shall the lease provisions cause such sites be restricted to the general public.
IV. The committee shall hold at least one public hearing in a local community on the proposed lease prior to the preparation of its written report. The commissioner shall post notice of the date, time, and place of the hearing at least 10 days in advance on the Internet site of the division of parks and recreation, in the town hall of each local community, and in at least one publication of general circulation in each local community.
V. Upon completion of the evaluation, the committee shall prepare a written report of its findings and recommendations on the proposed lease. Copies of the report shall be submitted to the commissioner, the speaker of the house of representatives, the president of the senate, the chairperson of the house resources, recreation and development committee, the chairperson of the senate energy, environment and economic development committee, and to the members of the governing body in each local community.
VI. The committee shall hold an informational meeting in a local community, to occur not more than 30 days after completion of the written report. The commissioner shall post notice of the date, time, and place of the hearing at least 10 days in advance on the Internet site of the department of resources and economic development, in the town hall of each local community, and in at least one publication of general circulation in each local community.
VII. Notwithstanding the committee’s report, the commissioner shall have final authority to recommend a proposed lease to the legislature.
VIII. The committee shall monitor approved leases for the duration of the lease period to ensure compliance with lease terms.
216-A:6-e Lease Payments. Lease payments to the state, less any payments required in accordance with the lease terms, shall be deposited in the state park fund established in RSA 216-A:3-i.
216-A:6-f Applicability. This subdivision shall not apply to any leases validly executed before the effective date of this subdivision or to the renewal of such leases.
2 New Paragraph; State Park System Advisory Council; Members. Amend RSA 216-A:3-k by inserting after paragraph I the following new paragraph:
I-a. In addition to the members listed in paragraph I, the council membership shall include the individuals set forth in RSA 216-A:6-b, V(a)-(e) only for the purpose of evaluating and monitoring leases of state parks pursuant to RSA 216-A:6-b through RSA 216-A:6-f.
3 Department of Resources and Economic Development; Leasing of State Ski Areas. The commissioner of the department of resources and economic development is urged to use the procedure outlined in this act in any effort to lease a state ski area governed under RSA 12-A:29-a.
4 Effective Date. This act shall take effect 60 days after its passage.
