HB 527 - AS AMENDED BY THE SENATE

8Mar2017... 0483h

05/31/2017   2123s

2017 SESSION

17-0991

01/08

HOUSE BILL 527

AN ACT relative to confidentiality of forms and rates and relative to the length of docks on a water body, water body size.

SPONSORS: Rep. Hunt, Ches. 11

COMMITTEE: Commerce and Consumer Affairs

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AMENDED ANALYSIS

This bill clarifies when forms and rates filed with the insurance department are open to public inspection.  

This bill also exempts certain temporary seasonal docks and boat lifts from permitting requirements of the department of environmental services.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

8Mar2017... 0483h

05/31/2017   2123s 17-0991

01/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seventeen

AN ACT relative to confidentiality of forms and rates and relative to the length of docks on a water body, water body size.

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

1  New Section; Insurance Department; Confidentiality; Forms and Rates.  Amend RSA 400-A by inserting after section 15-d the following new section:

400-A:15-e  Confidentiality; Forms and Rates.

I.  Forms and rates that are filed for review in accordance with Title XXXVII shall be confidential pending approval.

II.  An approved filing and any supporting information that is not otherwise exempt from disclosure by law or rule, shall be open to public inspection on or after the date the filing is approved or its effective date, whichever is later, provided however, that for health filings for markets in which there is a specific, mandatory open enrollment period established by law, forms and rates shall be available for public review no later than the first day of the mandated open enrollment period.

III.  In accordance with RSA 91-A:5, IV, any information submitted as part of the form and rate review process that is required to be held confidential by law, including commercial and proprietary trend assumptions, proprietary predictive models, and any other commercial or proprietary information and supporting documentation, shall not be disclosed.

2  New Paragraphs; Temporary Docks, and Boat Lifts.  Amend RSA 482-A:3 by inserting after paragraph IV-a the following new paragraphs:

IV-b.  An extension to any existing or grandfathered dock shall be exempt from permitting, provided that a notification is sent to the department by the owner of the property that includes the name and address of the property owner, the municipality, the waterbody, and tax map and lot number on which the proposed dock will be seasonally extended.  To qualify for an exemption under this paragraph, a temporary seasonal dock extension shall be:

(a)  Constructed to be an extension of an existing permitted or grandfathered dock;

(b)  Constructed to be removed during the non-boating season;

(c)  Removed from the lake bed for a minimum of 5 months a year;

(d)  On bodies of water of over 1,000 acres, no more than 50 feet in length including the existing dock, or 300 square feet, such that at the end of the dock the water level shall be 4 feet of water or less as measured at normal full lake level; nor more than 40 feet total in length, including the existing dock or 240 square feet on bodies of water under 1,000 acres; and

(e)  Located at least 20 feet from an abutting property line or the imaginary extension of the property line over the water, unless previously grandfathered or permitted.

IV-c.  Temporary seasonal boat lifts installed in any lake or pond shall be exempt from the permitting requirements of this section, provided that a notification is sent to the department by the owner of the property that includes the name and address of the property owner, the municipality, the waterbody, and tax map and lot number on which the proposed lift will be located.  No more than 1 boat lift shall be located on any property under this paragraph.  To qualify for an exemption under this paragraph, a temporary seasonal boat lift shall:

(a)  Only be installed adjacent to an existing permitted or grandfathered dock in a legally existing boat slip, such that no additional boat slip or dock is created;

(b)  Be located at least 20 feet from the abutting property line or imaginary extension of the property line over the water under this section;

(c)  Be removed during the non-boating season; and

(d)  Be removed from the lake bed for a minimum of 5 months each year.

3  Boat Slip; Lake Size.  Amend RSA 482-A:2, VIII (a) and (b) to read as follows:

(a)  On water bodies over [10,000] 1,000 acres, [means] a volume of water 25 feet long, 8 feet wide, and 3 feet deep as measured at normal high water and located adjacent to a structure to which a watercraft may be secured.

(b)  On water bodies of [10,000] 1,000 acres or less, a volume of water 20 feet long, 6 feet wide, and 3 feet deep as measured at normal high water mark and located adjacent to a structure to which a watercraft may be secured.

4  Effective Date.  

I.  Section  1 of this act shall take effect 90 days after its passage.

II.  The remainder of this act shall take effect upon its passage.

LBAO

17-0991

Amended 6/9/17

HB 527- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2017-2123s)

AN ACT (New Title) relative to confidentiality of forms and rates and relative to the length of docks on a water body, water body size.

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

METHODOLOGY:

The proposed legislation exempts certain temporary seasonal docks, boat lifts, and personal watercraft lifts from permitting requirements and associated fees.  The Department of Environmental Services states fewer permitting fees will be collected as individuals qualify for exemptions which will decrease the state restricted revenue deposited into the Wetlands and Shorelands Review Fund established under RSA 482-A:3, III.  The Department states that if 200, of the estimated tens of thousands of seasonal docks in New Hampshire, extended 20 feet each year, the annual loss of revenue would be $24,000 pursuant to permitting requirements under RSA 482-A:3 I.(b) (200 applications * 6 feet * 20 feet * $1.00 per square foot).  Each year the Department issues about 25 permits by notification for boat lifts and personal water lifts that require a $200 permit fee.  Under this bill, the permits by notification would be exempt and state revenue would decrease by an estimated $5,000 (25 applications * $200).  

AGENCIES CONTACTED:

Department of Environmental Services