HB1293 (2010) Detail

(New Title) relative to the oil discharge cleanup fund and relative to tax exemptions for water and air pollution control installations.


CHAPTER 94

HB 1293-FN – FINAL VERSION

27Jan2010… 0188h

24Mar2010… 0995h

04/21/10 1383s

05May2010… 1850eba

2010 SESSION

10-2051

08/04

HOUSE BILL 1293-FN

AN ACT relative to the oil discharge cleanup fund and relative to tax exemptions for water and air pollution control installations.

SPONSORS: Rep. C. Christensen, Hills 19; Rep. Webb, Merr 2; Sen. Lasky, Dist 13

COMMITTEE: Resources, Recreation and Development

AMENDED ANALYSIS

This bill repeals several sections of law enacted in 1995 relative to the oil discharge cleanup fund.

This bill also inserts cross references to the motor oil discharge clean up fund.

This bill also makes the property tax exemption for water and air pollution control facilities inapplicable to certain sewage disposal systems.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

27Jan2010… 0188h

24Mar2010… 0995h

04/21/10 1383s

05May2010… 1850eba

10-2051

08/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to the oil discharge cleanup fund and relative to tax exemptions for water and air pollution control installations.

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

94:1 Repeal. The following are repealed:

I. 1995, 282:9 through 282:11 and 1995, 282:13, II, relative to motor oil storage facilities, department of safety rulemaking, road toll collections, and repeal of the motor oil discharge cleanup fund.

II. 1995, 282:12, as amended by 1999, 164:1 and 2002, 197:1, relative to funds transfer.

III. 1995, 282:13, I, as amended by 2003, 174:9, relative to repeal of the motor oil discharge cleanup fund.

94:2 Commissioner of Safety; Rulemaking; Oil Import Records. Amend RSA 21-P:14, V(q) 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, RSA 146-E:3, RSA 146-F:3, and RSA 146-G:7 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.

94:3 Commissioner of Safety, Rulemaking, Oil Import Records; Version Effective July 1, 2015. Amend RSA 21-P:14,V(q) 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, and RSA 146-F: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.

94:4 Payment of Road Toll; Motor Oil Discharge Cleanup Fund. Amend RSA 260:38, IV 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, RSA 146-E:3, RSA 146-F:3, and RSA 146-G:7 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.

94:5 Payment of Road Toll; Motor Oil Discharge Cleanup Fund Version Effective July 1, 2015. Amend RSA 260:38, IV 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 RSA 146-F: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.

94:6 Water and Air Pollution Control Installations. 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 or to sewage disposal systems installed pursuant to RSA 485-A:29 through RSA 485-A:44 and rules adopted pursuant thereto, except that any exemption for a sewage disposal system granted prior to January 1, 2010 shall remain in effect.94:

94:7 Effective Date.

I. Sections 3 and 5 of this act shall take effect July 1, 2015 at 12:02 a.m.

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

Approved: May 25, 2010

Effective Date: I. Sections 3 and 5 shall take effect July 1, 2015 at 12:02 a.m.

II. Remainder shall take effect May 25, 2010.