SB 129 - AS INTRODUCED
2021 SESSION
21-1076
04/05
SENATE BILL 129
AN ACT relative to minimizing environmental impacts on the habitats of endangered or
threatened species.
SPONSORS: Sen. Bradley, Dist 3
COMMITTEE: Energy and Natural Resources
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ANALYSIS
This bill requires all state departments and agencies to take actions designed to minimize
environmental impacts to endangered or threatened species habitats. The bill also authorizes the
executive director of fish and game to accept payment for the unavoidable loss of such habitat.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 SB 129 - AS INTRODUCED
21-1076
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to minimizing environmental impacts on the habitats of endangered or
threatened species.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Endangered Species Conservation Act; Conservation Programs. Amend RSA 212-A:9, III to
2 read as follows:
3 III. All other state departments and agencies, to the extent possible, consistent with their
4 authorities and responsibilities, shall assist and cooperate with the executive director in the
5 furtherance of the purposes of this chapter for the conservation of endangered or threatened species.
6 They shall take such action as is reasonable and prudent to insure that actions authorized, funded,
7 or carried out by them do not significantly jeopardize the continued existence of such species or
8 result in the destruction or modification of habitat of such species which is determined by the
9 executive director to be critical, by requiring that all such action is designed to avoid and
10 minimize harm to endangered and threatened species and habitat designated as critical.
11 The provisions of RSA 212-A or any rule promulgated under this chapter shall not be applicable to a
12 state department or agency when that state department or agency, in the process of undertaking an
13 action, is required by federal law or regulation to address the environmental impact on wildlife or
14 wildlife habitat, of that action.
15 2 New Section; Fish and Game Fund; Funds Paid as Mitigation for Unavoidable Impacts to
16 Wildlife or Habitat of Wildlife. Amend RSA 206 by inserting after section 33-f the following new
17 section:
18 206:33-g Funds Paid as Mitigation for Unavoidable Impacts to Wildlife or Habitat of Wildlife.
19 The executive director is authorized to accept funds paid as mitigation for unavoidable impacts to
20 wildlife or habitat of wildlife within the state of New Hampshire. Notwithstanding any other
21 provision of law to the contrary, the executive director may accept and receive such funds without
22 the approval of the governor, the governor and council, or the commission. All moneys received
23 under this section for mitigation of impacts to nongame species or the habitat of nongame species
24 shall be deposited in the nongame species account established under RSA 212-B:6 and used solely for
25 the purposes set forth therein. All other moneys received under this section shall be deposited into
26 the fish and game fund established under RSA 206:33 and used solely for the purposes set forth in
27 RSA 206:34-a.
28 3 Effective Date. This act shall take effect 60 days after its passage.


Statutes affected:
Introduced: 212-A:9
Ought to Pass: 212-A:9, 6:12
latest version: 212-A:9, 6:12