Bill Text - HB296 (2009)

(2nd New Title) increasing fees and transferring funds related to oil discharge prevention and cleanup, and authorizing an oil fund performance audit.


Revision: July 20, 2009, midnight

CHAPTER 231

HB 296-FN-A – FINAL VERSION

24Mar2009… 0901h

06/03/09 1967s

24Jun2009… 2136cofc

2009 SESSION

09-0284

08/09

HOUSE BILL 296-FN-A

AN ACT increasing fees and transferring funds related to oil discharge prevention and cleanup, and authorizing an oil fund performance audit.

SPONSORS: Rep. C. Christensen, Hills 19; Rep. Vachon, Straf 3

COMMITTEE: Ways and Means

AMENDED ANALYSIS

This bill increases fees and transfers funds related to oil discharge prevention and cleanup and authorizes a performance audit of oil funds administered by the oil fund disbursement board and the related programs of the department of environmental services for clean up of petroleum contamination.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24Mar2009… 0901h

06/03/09 1967s

24Jun2009… 2136cofc

09-0284

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT increasing fees and transferring funds related to oil discharge prevention and cleanup, and authorizing an oil fund performance audit.

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

231:1 Oil Fund Performance Audit. The legislative budget assistant shall conduct by December 2009 a performance audit of the oil funds administered by the oil fund disbursement board and the related programs of the department of environmental services for clean up of petroleum contamination.

231:2 Increase in Fuel Oil Import Fees. RSA 146-E:3 is repealed and reenacted to read as follows:

146-E:3 Fund Established; Collection.

I. There is established a fuel oil discharge cleanup fund, which shall be administered by the oil fund disbursement board established under RSA 146-D:4. This fund shall be used to reimburse costs incurred in the prevention and cleanup of fuel oil discharges in the waters and soils of the state, including administrative, technical, and legal support required by the oil fund disbursement board in administrating the fund, and in paying third party damages.

II. A fee of $.01 per gallon of fuel oil shall be assessed at the time of importation into this state. An additional fee of $.0025 per gallon of fuel oil shall be assessed on imports after July 1, 2009. Assessment of this additional fee shall be discontinued on June 30, 2010.

III. Persons licensed under RSA 146-A:11-b, II shall be liable for payment of fuel oil fees which shall be collected and enforced in the manner described in RSA 146-D:3, III and V. All fee revenues shall be deposited in the fuel oil discharge cleanup fund. If the fund’s balance becomes greater than $2,500,000, the assessment of fees shall be discontinued and only reestablished when the fund’s balance is less than $1,500,000. Until the fund balance reaches $2,000,000, at least 50 percent of the fees collected shall be allocated for reimbursements to on-premise-use facility owners and owners of land upon which on-premise-use facilities are located and for the administrative, technical, and legal support associated with such reimbursements.

IV. Moneys collected for the fund shall be deposited with the state treasurer to the credit of said fund and may be invested as provided by law. Interest received on such investment shall also be credited to the fund.

231:3 Funds Transferred from the Oil Pollution Control Fund to the Fuel Oil Discharge Cleanup Fund. Within 15 days after the effective date of this section, the department of environmental services shall transfer $400,000 from the New Hampshire oil pollution control fund established by RSA 146-A:11-a to the fuel oil discharge cleanup fund established by RSA 146-E:3, I.

231:4 Effective Date. This act shall take effect upon its passage.

Approved: July 16, 2009

Effective Date: July 16, 2009

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