By PAULA TRACY, InDepthNH.org
CONCORD – Creating a dedicated cyanobacteria fund by charging $25 more for boat mooring fees was heard by a legislative committee Wednesday with no opposition.
It would increase permits on eight state lakes where they are required, including Lake Winnipesaukee, but could be amended to include congregate mooring fields.
The bill is likely to be voted on in two weeks by the House Resources and Recreation Committee. The prime sponsor of House Bill 1301-FN is state Rep. John T. MacDonald, R-Wolfeboro, and has bipartisan support from 10 other lawmakers in the House and Senate who have signed on as co-sponsors.
The estimate is that it will collect $68,750 to $80,000 a year but could be more if the bill is amended to include congregate mooring fields. If made law it would take effect July 1, 2026.
The Department of Environmental Services, using data provided by the Department of Safety-Marine Patrol, estimates there are between 2,750 and 3,200 moorings on inland water bodies that require annual registration under RSA 270:61–62.
Revenues in the fund would be used for competitive grants or loans to municipalities and nonprofit lake or watershed associations for projects that mitigate or prevent cyanobacteria blooms.
MacDonald told the committee the existing $25 mooring law came into effect in the 1980s and has not been changed since then. On the seacoast, he said a mooring is much more expensive. Of the almost 1,000 ponds and lakes only eight lakes require such a mooring permit.
State Rep. Will Darby, D-Nashua, a member of the committee who is also sponsoring House Bill 105 to create a new conservation license plate with funds to go to cyanobacteria mitigation, asked a number of questions and indicated willingness to work on an amendment to expand the bill to congregate mooring fields.
Currently, the state’s new cyanobacteria mitigation loan and grant fund has no funding source and only about $200,000 left, state officials said.
There was also a question about whether permits should be required for boat moorings on all state waters.
MacDonald said he would have to consult with Marine Patrol on that as a separate issue. Norm Royce of Northwood spoke in support of the bill.
He said as a local board member of a lake association and a member of the state board he is very familiar with cyanobacteria which he said can essentially close lakes to water use based on samples. He said treatment, even on a small body costs, several hundred thousand dollars and the state will not issue grants unless a watershed management plan is in place.
He said the state needs to focus on education and prevention of cyanobacteria, not treatment, adding people need to be educated on the root causes and actions that can be taken to prevent stormwater pollution and other measures than can reduce problems.
Andrea LaMoreaux, president of the statewide NH Lakes Association, representing roughly 150 lake associations also spoke in support of the bill.
She noted that the issue is one of public health and impacts to tourism and property values. The legislature passed the grant fund which has helped support a couple of communities but that fund is about depleted and there is no permanent funding, she said.
While the bill would not solve all the problems it would collect some funding, she said. “We see it as a positive step forward,” to help combat the problem.
Amy Smagula, chief aquatic biologist at the limnology center at DES said DES does not take a specific position on the bill. She said cyanobacteria can impact pets, wildlife, and recreation.
“The blooms are real and we are seeing them and they are increasing over time,” she said.
About $1 million was awarded for cyanobacteria and another $1 million from federal post COVID-19 American Rescue Plan Act for $2 million and much of it has been given to 11 groups with the average grant $200,000 and covering a good geographic distribution of the state.
We don’t know of any additional funding, she said. “It needs to be a combination approach to address issues.”
There is another bill this session, Senate Bill 598 that would create a commission to identify funding sources for cyanobacteria mitigation.
Capt. Tim Dunleavy, of state Marine Patrol within the Department of Safety, also said the department is not taking a position on the bill. He explained the different categories of mooring permits with congregate mooring fields with more than four moorings.
He said it applies to only eight lakes including Lake Winnipesaukee, Bow Lake, Pleasant Lake in Northwood and Ossipee Lake.
Rep. Brian R. Taylor, R-Freedom, a committee member asked Dunleavy to clarify and asked if a congregate field of 30 moorings has a $50 fee. No, Dunleavy said. It is $50 per mooring in the mooring field.
Adam Schmidt, representing the New Hampshire Association of Realtors, said the organization is in support of the bill. Online the measure was overwhelmingly supported 189 to 4.