HB 672-FN-A – AS INTRODUCED
2009 SESSION
08/03
HOUSE BILL 672-FN-A
AN ACT relative to the oil discharge and disposal cleanup fund.
SPONSORS: Rep. Bouchard, Merr 11; Rep. Chandler, Carr 1; Sen. Letourneau, Dist 19
This bill allocates money collected from the oil discharge and disposal cleanup fee to the highway and bridge betterment account.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0842
08/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to the oil discharge and disposal cleanup fund.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Oil Discharge and Disposal Cleanup Fund. The introductory paragraph of RSA 146-D:3, VI and RSA 146-D:3, VI(a)-(b) are repealed and reenacted to read as follows:
VI. The fee collected on motor fuels shall be deposited as follows:
(a) For each gallon of diesel fuel:
(1) A fee of $0.01 shall be deposited in the oil discharge and disposal cleanup fund; and
(2) A fee of $0.005 shall be placed in the highway bridge betterment account established in RSA 235:23-a.
(b) For each gallon of gasoline:
(1) A fee of $0.0075 shall be deposited in the oil discharge and disposal cleanup fund;
(2) A fee of $0.005 shall be placed in the highway and bridge betterment account established in RSA 235:23-a; and
(3) A fee of $0.0025 shall be placed in the gasoline remediation and elimination of ethers fund established under RSA 146-G.
2 Effective 2010; Oil Discharge and Disposal Cleanup Fund. Amend the introductory paragraph of RSA 146-D:3, VI and RSA 146-D:3, VI(a)-(b) to read as follows:
VI. The fee collected on motor fuels shall be deposited as follows:
(a) For each gallon of diesel fuel:
(1) A fee of $0.01 shall be deposited in the oil discharge and disposal cleanup fund; and
(2) A fee of $0.005 shall be placed in the highway bridge betterment account established in RSA 235:23-a.
(b) For each gallon of gasoline:
(1) A fee of [$0.0075] $0.0025 shall be deposited in the oil discharge and disposal cleanup fund;
(2) A fee of [$0.005] $0.01 shall be placed in the highway and bridge betterment account established in RSA 235:23-a; and
(3) A fee of $0.0025 shall be placed in the gasoline remediation and elimination of ethers fund established under RSA 146-G.
3 Highway and Bridge Betterment Fund. Amend RSA 235:23-a, II to read as follows:
II. The program shall be funded from $.03 per gallon of the road toll imposed under RSA 260:32; and from $0.005 per gallon of the oil discharge and disposal cleanup fund fee imposed under RSA 146-D:3; of these revenues, in each fiscal year 88 percent shall be deposited into a separate account established in the highway fund called the highway and bridge betterment account, to be allocated as provided in paragraph III. The amount deposited into the highway and bridge betterment account is hereby continually appropriated and shall be nonlapsing. The remaining 12 percent shall be distributed in accordance with the formula in RSA 235:23, I, and shall be in addition to any amounts to be allocated under that paragraph.
4 Effective 2010; Highway and Bridge Betterment Fund. Amend RSA 235:23-a, II to read as follows:
II. The program shall be funded from $.03 per gallon of the road toll imposed under RSA 260:32; and from [$0.005] $0.01 per gallon of the oil discharge and disposal cleanup fund fee imposed under RSA 146-D:3; of these revenues, in each fiscal year 88 percent shall be deposited into a separate account established in the highway fund called the highway and bridge betterment account, to be allocated as provided in paragraph III. The amount deposited into the highway and bridge betterment account is hereby continually appropriated and shall be nonlapsing. The remaining 12 percent shall be distributed in accordance with the formula in RSA 235:23, I, and shall be in addition to any amounts to be allocated under that paragraph.
5 Effective 2012; Highway and Bridge Betterment Fund. Amend RSA 235:23-a, II to read as follows:
II. The program shall be funded from $.03 per gallon of the road toll imposed under RSA 260:32[; and from $0.001 per gallon of the oil discharge and disposal cleanup fund fee imposed under RSA 146-D:3;] of these revenues, in each fiscal year 88 percent shall be deposited into a separate account established in the highway fund called the highway and bridge betterment account, to be allocated as provided in paragraph III. The amount deposited into the highway and bridge betterment account is hereby continually appropriated and shall be nonlapsing. The remaining 12 percent shall be distributed in accordance with the formula in RSA 235:23, I, and shall be in addition to any amounts to be allocated under that paragraph.
6 Reporting Requirement; Deadline Changed. 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 of representatives, 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, 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, [2015] 2012 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.
7 Funds Transfer Date Changed. Amend 1993, 294:1, as amended by 1995, 247:9, 2001, 293:18, and 2008, 249:4 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, [2015] 2012. 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.
8 Funds Transfer Changed. Amend 2001, 293:21, as amended by 2008, 249:5 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, [2015] 2012. 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.
9 Commissioner of Safety; Rulemaking Authority. 2001, 293:14, as amended by 2008, 249:6, is repealed and reenacted to read as follows:
293:14 Commissioner of Safety; Rulemaking Authority; 2012 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 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.
10 Determination and Payment of Road Toll. Amend 2001, 293:17, as amended by 2008, 249:7, is repealed and reenacted to read as follows:
293:17 Determination and Payment of Road Toll; 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 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.
11 Effective Date of Repeal Changed. Amend 1988, 271:11, I, as amended by 1993, 294:14, 1995, 247:10, 2001, 293:19, and 2008, 249:9 to read as follows:
I. Paragraphs VIII and IX of section 9 of this act shall take effect July 1, [2015] 2012.
12 Effective Dates of Repeals Changed. Amend 2001, 293:22, I-III, as amended by 2008, 249:10, to read as follows:
I. Paragraph I of section 20 of this act shall take effect July 1, [2015] 2012.
II. Paragraph II of section 20 of this act shall take effect October 1, [2015] 2012.
III. Sections 14 and 17 of this act shall take effect at 12:01 a.m. on July 1, [2015] 2012.
13 Effective Date.
I. Section 1 of this act shall take effect July 1, 2009.
II. Sections 2 and 4 of this act shall take effect July 1, 2010.
III. Section 3 of this act shall take effect July 1, 2009 at 12:01 a.m.
IV. Section 5 of this act shall take effect July 1, 2012 at 12:01 a.m.
V. The remainder of this act shall take effect upon passage.
LBAO
09-0842
Revised 02/24/09
HB 672 FISCAL NOTE
AN ACT relative to the oil discharge and disposal cleanup fund.
FISCAL IMPACT:
The Department of Environmental Services states this bill will decrease state restricted revenues by $350,000 in FY 2010, $1,100,000 in FY 2011, $1,100,000 in FY 2012 and $16,344,398 in FY 2013; decrease county revenue by $2,500 in FY 2010, $6,500 in FY 2011, $6,500 in FY 2012, and $10,000 in FY 2013; and decrease local revenue by $208,211 in FY 2010, $374,373 in FY 2011, $374,373 in FY 2012, and $519,877 in FY 2013.
The Department of Transportation states this bill will increase restricted highway fund expenditures and local revenue by $501,440 in FY 2011 and $1,002,880 in FY 2012 and FY 2013. This bill will have no fiscal impact on county and local expenditures.
METHODOLOGY:
This bill allocates money collected from the oil discharge and disposal cleanup fee to the highway and bridge betterment account. The Department of Environmental Services states the reallocation of funds from the oil discharge and disposal fee to the highway bridge and betterment account will adversely impact the Department’s eligibility for federal grants thus reducing state restricted revenues by $350,000 in FY 2010, $1,100,000 in FY 2011 and FY 2012. Furthermore, the Department states the proposed legislation accelerates the lapse date of the oil discharge and cleanup fund and the gasoline remediation and elimination of ethers fund by three years from July 1, 2015 to July 1, 2012. The Department estimates that this acceleration will decrease state restricted revenue by $16,344,398 in FY 2013.
The Department also notes that in reallocating funds from the oil discharge and cleanup fund and the gasoline remediation and elimination of ethers fund to the highway bridge and betterment account the proposed legislation unfunds costs associated with the removal and cleanup of fuel storage sites. The Department states $100,000 of funding is removed in FY 2010, $580,625 in FY 2011, and $730,625 in FY 2012. Related expenditures will decrease by $10,448,318 in FY 2013; however, this decrease is offset by the greater decrease in state restricted revenues resulting from the proposed legislation’s acceleration of the lapsing of the funds.
The Department further notes that as a result of the proposed legislation, a portion of the decrease in revenues would be passed on to the counties and towns. The Department estimates that county revenues will decrease by $2,500 in FY 2010, $6,500 in FY 2011 and FY 2012, and $10,000 in FY 2013 while local revenues will decrease by $208,211 in FY 2010, $374,373 in FY 2011 and FY 2012, and $519,877 in FY 2013.
The Department of Transportation states the proposed legislation will reallocate $4,178,667 in FY 2010 and $8,357,333 in FY 2012 and FY 2013 from the oil discharge and cleanup fund and the gasoline remediation and elimination of ethers fund to the highway bridge and betterment account. Consequently, in accordance with RSA 235:23, the Department states the proposed legislation will increase highway bridge and betterment expenditures and local revenue by $501,440 in FY 2011 and $1,002,880 in FY 2012 and FY 2013.
This bill does not contain an appropriation.