2009 SESSION

09-0862

04/05

SENATE BILL 101-FN-A

COMMITTEE: Energy, Environment and Economic Development

ANALYSIS

This bill requires the commissioner of the department of resources and economic development to solicit lease proposals for the Cannon Mountain ski area. The bill establishes a legislative committee to develop the proposal and review responses, and requires the capital budget overview committee to approve any lease agreement. The bill also creates the state park capital improvement fund and repeals the Cannon Mountain capital improvement fund.

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

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0862

04/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

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

1 Cannon Mountain; Request for Proposals.

I. Notwithstanding any other provision of law, the commissioner of the department of resources and economic development shall, in consultation with the committee established in section 2 of this act, develop and issue a request for proposals to include, but not be limited to, a lease, concession agreement, or management contract for the Cannon Mountain ski area operations.

II. The request for proposals shall include, but not be limited to, the following terms, conditions, and provisions:

(a) Length of the agreement.

(b) Assets to be included.

(c) Outline of master plan.

(d) Environmental regulation and controls, including:

(1) Soils.

(2) Water quality.

(3) Wetlands.

(4) Wildlife habitat.

(5) Scenic and aesthetic qualities.

(6) Multi-seasonal recreational opportunities.

(7) Forestry issues.

(e) Expansion limitations.

(f) State and local regulatory authority.

(g) Operational responsibilities remaining with the state.

(h) Requirement of performance bonds.

(i) Past practices and agreements.

(j) Repurchase.

(k) Federal agency requirements, conditions, and regulations.

(l) Consideration of state employees.

III. All responses to a request for proposals developed under this act shall be reviewed by the committee established in section 2 of this act in cooperation with the commissioner of resources and economic development.

2 Committee Established.

I. There is established a committee for the purpose of advising the commissioner of resources and economic development, pursuant to section 1 of this act, on the creation of a request for proposals and the review of any responses to a request for proposals and the review of any responses to a request for proposals. The committee shall consist of the following members:

(a) Nine members of the house of representatives, appointed by the speaker of the house of representatives, at least 4 of whom shall be members of the minority party, and 3 of whom shall be members of the resources, recreation, and development committee, 3 of whom shall be members of the public works and highways committee, and 3 of whom shall be members of the finance committee.

(b) Three members of the senate, at least one of whom shall be a member of the minority party, appointed by the president of the senate.

II. The members of the committee shall elect a chairperson from among its members. Members shall receive mileage at the legislative rate when attending to the duties of the committee.

3 Review by Capital Budget Overview Committee; Public Comments. Any agreement or contract recommended pursuant to this act shall be submitted to the capital budget overview committee established in RSA 17-J for review and approval. No agreement or contract shall take effect until such approval is obtained. The capital budget overview committee shall receive written public comments submitted prior to the time the committee votes on a recommended agreement or contract.

4 New Section; Expansion of State Park System; State Park Capital Improvement Fund; Amend RSA 216-A by inserting after section 3-k the following new section:

216-A:3-l State Park Capital Improvement Fund.

I. There is established a nonlapsing fund in the department of resources and economic development to be known as the state park capital improvement fund. This shall be a revolving fund and shall be continually appropriated to the department of resources and economic development for the purposes of capital improvements to state park facilities. The commissioner of the department of resources and economic development shall collect and deposit all income derived from the public-private partnership of the state ski areas at Mount Sunapee and Cannon Mountain into the fund. Such moneys shall be used as provided in this section, and shall not be diverted for any other purpose.

II. The commissioner of the department of resources and economic development shall annually submit a report detailing the activities of the fund to the governor and council and the fiscal committee of the general court within 60 days of the close of each fiscal year.

5 Report on Future Status of Ski Area Employees. The commissioner of the department of resources and economic development shall provide along with any agreement or contract submitted under section 3 of this act, a report on the disposition of employees of the ski areas at Cannon Mountain and any appropriate statutory changes to RSA 216-A as a result of the lease agreement. An employee of Cannon Mountain on the effective date of this act shall be offered an appropriate position within the state park system.

6 Cannon Mountain Capital Improvement Fund; Transfer of Funds. All funds in the Cannon Mountain capital improvement fund, established under RSA 12-A:29-c, as of the effective date of this act shall be transferred to the state park capital improvement fund established in RSA 216-A:3-l.

7 Application of Receipts. Amend RSA 6:12, I(b)(104) to read as follows:

(104) Moneys deposited in the [Cannon Mountain] state park capital improvement fund under RSA [12-A:29-c] 216-A:3-l.

8 Cannon Mountain Advisory Committee. Amend RSA 12-A:29-b, V to read as follows:

V. The commission shall make recommendations for capital improvements for the ski area and related state park facilities at Cannon Mountain to the commissioner of resources and economic development. The commission shall review the servicing of debt obligations relating to the [Cannon Mountain] state park capital improvement fund prior to making any such recommendations. Recommendations approved by the commissioner shall be submitted by the commissioner to the capital budget overview committee. Recommendations approved by the capital budget overview committee shall be submitted to the governor and council for final approval. Notwithstanding any other provision of law, recommendations may be implemented upon final approval, pursuant to solicited requests for proposals. Funding for capital improvements shall be from the [Cannon Mountain] state park capital improvement fund established by RSA [12-A:29-c] 216-A:3-l.

9 Repeal. RSA 12-A:29-c, relative to the Cannon Mountain capital improvement fund, is repealed.

10 Effective Date. This act shall take effect 60 days after its passage.

LBAO

09-0862

01/14/09

SB 101-FN-A - FISCAL NOTE

FISCAL IMPACT:

METHODOLOGY: