CHAPTER 249
HB 1426-FN-A – FINAL VERSION
05/08/08 1557s
2008 SESSION
08/04
HOUSE BILL 1426-FN-A
AN ACT relative to motor fuel import fees.
SPONSORS: Rep. Simon, Hills 11
This bill:
I. Consolidates two separate cleanup accounts in the oil discharge and disposal cleanup fund into a single account.
II. Extends the lapse dates of the oil discharge and disposal cleanup fund and the gasoline remediation and elimination of ethers fund.
III. Is a request of the oil fund disbursement board.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/08/08 1557s
08-2143
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to motor fuel import fees.
Be it Enacted by the Senate and House of Representatives in General Court convened:
249:1 Change in Import Fee Allocation. Amend RSA 146-D:3, VI(a)-(b) to read as follows:
(a) A fee of $0.015 shall be assessed for each gallon of diesel fuel [for which a fee is assessed, $.014 shall be placed in an account for reimbursement of owners of eligible underground storage facilities and $.001 shall be placed in an account to be used for reimbursement of owners of eligible bulk storage facilities].
(b) For each gallon of gasoline for which a fee is assessed, [$0.0115] $0.0125 shall be placed in the [underground storage facilities account, $0.001 shall be placed in the bulk storage facilities account] oil discharge and disposal cleanup fund and $0.0025 shall be placed in the gasoline remediation and elimination of ethers fund established under RSA 146-G.
249:2 Change in Import Fee Allocation. Amend RSA 146-G:4, II to read as follows:
II. Moneys in the fund not currently needed to meet the obligations of the board under this chapter shall be deposited with the state treasurer to the credit of the fund and shall be invested as provided by law. Interest received on such investment shall also be credited to the fund. If the fund’s balance becomes greater than $2,500,000, the transfer of moneys into the fund as established in [RSA 146-D:3] RSA 146-D:3, VI(b) shall be discontinued and only re-established when the fund’s balance is below $1,000,000. Those fees normally transferred to the gasoline remediation and elimination of ethers fund shall accumulate instead in the [account for reimbursement of owners of eligible underground storage facilities under RSA 146-D:3, VI] oil discharge and disposal cleanup fund.
249:3 Reporting Requirement; Deadline Extended. Amend RSA 146-G:9 to read as follows:
146-G:9 Reporting by the Oil Disbursement Board. The board shall file annual reports of the status of the gasoline remediation and elimination of ethers fund no later than October 1, to the speaker of the house, the president of the senate and the state library. The first such report shall be submitted no later than October 1, 2002. The board shall also file interim reports on the activities of the gasoline remediation and elimination of ethers fund, including expenditures and reimbursements, and enforcement and remediation activities under RSA 146-G, by October 1, 2005 and by October 1, [2008] 2010 to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the house and senate committees having jurisdiction over water quality policy, the governor, and the state library. The board shall file a final report on the activities of the fund and enforcement and remediation activities by October 1, [2009] 2015 to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the house and senate committees having jurisdiction over water quality policy, the governor, and the state library.
249:4 Funds Transfer Date Changed. Amend 1993, 294:1 as amended by 1995, 247:9, as amended by 2001, 293:18 to read as follows:
294:1 Funds Transferred to Oil Pollution Control Fund. The oil discharge and disposal cleanup fund established in RSA 146-D:3, I shall lapse on July 1, [2010] 2015. Any moneys remaining in the fund at that time shall be transferred to the oil pollution control fund established in RSA 146-A:11-a.
249:5 Funds Transfer Changed. Amend 2001, 293:21 to read as follows:
293:21 Funds Transferred to Oil Pollution Control Fund. The gasoline remediation and elimination of ethers fund established in RSA 146-G:4, I shall lapse on July 1, [2009] 2015. Any moneys remaining in the fund at that time shall be transferred to the [oil discharge and disposal cleanup fund account for underground storage facilities, established in RSA 146-D:3, VI] oil pollution control fund established in RSA 146-A:11-a.
249:6 Commissioner of Safety; Rulemaking Authority. Amend 2001, 293:14 to read as follows:
293:14 Commissioner of Safety; Rulemaking Authority; [2009] 2015 Version. RSA 21-P:14, V(q) is repealed and reenacted to read as follows:
(q) Procedures for the inspection and verification of oil import records pursuant to RSA 146-A:11-b[, RSA 146-D:3,] and RSA 146-E:3 after consultation with the department of environmental services and the oil fund disbursement board, and pursuant to RSA 147-B:12 after consultation with the department of environmental services.
249:7 Determination and Payment of Road Toll. Amend 2001, 293:17 to read as follows:
293:17 Determination and Payment of Road Toll; [2009] 2015 Version. RSA 260:38, IV is repealed and reenacted to read as follows:
IV. The department of safety shall be responsible for licensing and the collection of the fee established under RSA 146-A:11-b[, RSA 146-D:3,] and RSA 146-E:3 and transfer of such fees into the appropriate designated funds under rules adopted by the commissioner pursuant to RSA 541-A, after consultation with the department of environmental services and the oil fund disbursement board. The department of safety shall be responsible for the collection of the fee established under RSA 147-B:12 and transfer of such fee into the hazardous waste cleanup fund under rules adopted by the commissioner pursuant to RSA 541-A, after consultation with the department of environmental services.
249:8 Repeal. RSA 146-D:3, VII, relative to import fee allocations, is repealed.
249:9 Effective Date of Repeal Changed. Amend 1988, 271:11, I as amended by 1993, 294:14, as amended by 1995, 247:10, as amended by 2001, 293:19 to read as follows:
I. Paragraphs VIII and IX of section 9 of this act shall take effect July 1, [2010] 2015.
249:10 Effective Dates of Repeals Changed. Amend 2001, 293:22, I-III to read as follows:
I. Paragraph I of section 20 of this act shall take effect July 1, [2009] 2015.
II. Paragraph II of section 20 of this act shall take effect October 1, [2009] 2015.
III. Sections 14 and 17 of this act shall take effect at 12:01 a.m. on July 1, [2009] 2015.
249:11 Effective Date. This act shall take effect July 1, 2008.
Approved: June 24, 2008
Effective Date: July 1, 2008