Revision: April 26, 2010, midnight
HB 1293-FN – AS AMENDED BY THE SENATE
27Jan2010… 0188h
24Mar2010… 0995h
04/21/10 1383s
2010 SESSION
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
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
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:
1 Repeal. The following are repealed:
I. 1995, 282:9 through 282:11 and 1995:13, 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.
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.
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.
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.
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.
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.
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.
LBAO
10-2051
Amended 03/29/10
HB 1293 FISCAL NOTE
AN ACT relative to the oil discharge cleanup fund and relative to tax exemptions for water and air pollution control installations.
FISCAL IMPACT:
The Department of Environmental Services states this bill, as amended by the House (Amendment #2010-0995h), will increase state restricted revenue by $262,380 in FY 2011 and each year thereafter and increase state restricted expenditures by $158,919 in FY 2011 and each year thereafter. The Department further states county and local expenditures will increase by an indeterminable amount in FY 2011 and each year thereafter. There is no fiscal impact on county and local revenue.
METHODOLOGY:
The Department of Environmental Services states this bill repeals various chapter laws related to the repeal of the motor oil discharge fund. The Department states the repeal of the scheduled repeal of the motor oil discharge fund will result in expenditures and revenue associated with the fund continuing in FY 2011 and each year thereafter. The Department assumes revenue and expenditures will be equal to those in FY 2009. In FY 2009, restricted revenue totaled $262,380 and restricted expenditures totaled $158,919. The Department also states county and local expenditures will increase to the extent motor oil subject to the continued fee is purchased.
The Department of Safety states this bill will have no fiscal impact on the Department.