HB1429 (2006) Detail

(New Title) relative to municipal exemptions for hazardous waste cleanup liability and preventing the exemption of privately-owned landfills and ancillary facilities from property taxes.


CHAPTER 282

HB 1429 – FINAL VERSION

07Mar2006… 1065h

05/03/06 1956s

05/03/06 2161s

24May2006… 2288cofc

2006 SESSION

06-2824

08/09

HOUSE BILL 1429

AN ACT relative to municipal exemptions for hazardous waste cleanup liability and preventing the exemption of privately-owned landfills and ancillary facilities from property taxes.

SPONSORS: Rep. Whalley, Belk 5; Rep. Knox, Carr 4; Rep. Patten, Carr 4; Sen. Eaton, Dist 10; Sen. D’Allesandro, Dist 20; Sen. Letourneau, Dist 19

COMMITTEE: Environment and Agriculture

AMENDED ANALYSIS

This bill creates municipal exemptions for hazardous waste cleanup liability.

This bill also prevents the exemption of privately-owned landfills and ancillary facilities from property taxes.

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

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07Mar2006… 1065h

05/03/06 1956s

05/03/06 2161s

24May2006… 2288cofc

06-2824

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to municipal exemptions for hazardous waste cleanup liability and preventing the exemption of privately-owned landfills and ancillary facilities from property taxes.

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

282:1 New Paragraph; Exemptions. Amend RSA 147-A:9 by inserting after paragraph I the following new paragraph:

I-a. Government entities, including their employees, shall not be liable for the release of hazardous waste during the lawful transportation of locally collected household hazardous waste over the byways of the state, to regional hazardous waste collection centers or in-state or out-of-state disposal facilities in the absence of willful, wanton or reckless conduct. In the event of a release during such transport, the department of environmental services shall be responsible for containment of household hazardous wastes, removal of the household hazardous wastes, necessary cleanup and restoration of the affected site and the surrounding environment, and any required evaluation, assessment, and monitoring associated with the release. Any costs associated with such containment, removal, cleanup, and restoration, and any required evaluation, assessment, and monitoring shall be a charge against the hazardous waste cleanup fund established in RSA 147-B:3.

282:2 New Paragraph; Exemptions. Amend RSA 147-B:10 by inserting after paragraph I the following new paragraph:

I-a. Government entities, including their employees, shall not be liable for the release of hazardous waste during the lawful transportation of locally collected household hazardous waste over the byways of the state, to regional hazardous waste collection centers or in-state or out-of-state disposal facilities in the absence of willful, wanton or reckless conduct.

282:3 Statement of Purpose. The general court finds that tax exemptions for private landfills are contrary to public interest. As such, the provision of pollution control tax exemptions to privately-owned landfills and ancillary facilities located at such landfills is contrary to the public interest articulated by the general court in its enactment of RSA 149-M:3. The general court reaffirms that the use of landfills is the least preferential of waste management methods. As the least preferential management method, privately-owned landfills which constitute a unique class of property shall not be entitled to pollution control tax exemptions pursuant to RSA 72:12-a.

282:4 Water and Air Pollution Control Facilities. Amend RSA 72:12-a, I to read as follows:

I. Any person, firm or corporation which builds, constructs, installs, or places in use in this state any treatment facility, device, appliance, or installation wholly or partly for the purpose of reducing, controlling, or eliminating any source of air or water pollution shall be entitled to have the value of said facility and any real estate necessary therefor, or a percentage thereof determined in accordance with this section, exempted from the taxes levied under this chapter for the period of years in which the facility, device, appliance, or installation is used in accordance with the provisions of this section. This paragraph shall not apply to privately-owned landfills or ancillary facilities located at such landfills.

282:5 Applicability. This act shall apply with respect to real estate taxes assessed on or after AprilĀ 1, 2007.

282:6 Effective Date.

I. Sections 1-2 of this act shall take effect 90 days after passage.

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

Approved: June 15, 2006

Effective: I. Sections 1-2 shall take effect September 13, 2006

II. Remainder shall take effect June 15, 2006