HB 431-FN – AS AMENDED BY THE SENATE
06Jan2010… 2009-2448h
05/13/10 2063s
2009 SESSION
08/04
HOUSE BILL 431-FN
AN ACT requiring certain engine coolants and antifreeze to include an aversive agent so that they are rendered unpalatable.
SPONSORS: Rep. Gile, Merr 10; Rep. Davis, Merr 7; Rep. Cooney, Graf 7; Rep. Spaulding, Hills 18; Rep. Skinder, Sull 1; Sen. Roberge, Dist 9; Sen. Carson, Dist 14
COMMITTEE: Commerce and Consumer Affairs
This bill requires the addition of an aversive agent to certain engine coolants to render them unpalatable.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06Jan2010… 2009-2448h
05/13/10 2063s
09-0420
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT requiring certain engine coolants and antifreeze to include an aversive agent so that they are rendered unpalatable.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Purpose. This bill provides that:
I. Certain engine coolant and antifreeze must contain an aversive agent (denatonium benzoate or substitute aversive agent) to render it unpalatable.
II. Antifreeze manufacturers are liable for ethylene glycol antifreeze or a substitute aversive agent.
III. Denatonium benzoate manufacturers are liable for denatonium benzoate or a substitute aversive agent when included in antifreeze in the range prescribed by this bill.
IV. Antifreeze manufactures are liable for denatonium benzoate or a substitute aversive agent when used in any manner that is incongruous with the requirements of this bill.
V. A penalty for noncompliance with the requirements of this bill.
2 New Section; Sale of Engine Coolants and Antifreeze. Amend RSA 644 by inserting after section 8-f the following new section:
644:8-g Sale of Engine Coolants and Antifreeze.
I. No person may sell or offer to sell in this state any engine coolant or antifreeze that is manufactured after October 11, 2011 and contains more than 10 percent ethylene glycol unless it includes denatonium benzoate at a minimum of 30 parts per million and a maximum of 50 parts per million as a bittering agent within the product so as to render it unpalatable.
II. Notwithstanding paragraph I, an aversive agent other than denatonium benzoate may be used in engine coolant or antifreeze if it meets or exceeds the degree of aversion in test subjects obtained by using the formulation of a minimum of 30 parts per million and a maximum of 50 parts per million of denatonium benzoate in antifreeze, and is compatible with and does not impact the performance of antifreeze in a vehicle’s engine or cooling system.
III.(a) Subject to subparagraph (b), a manufacturer, processor, distributor, recycler, or seller of an engine coolant or antifreeze that is required to contain an aversive agent under paragraph I or II shall not be liable to any person for any personal injury, death, property damage, damage to the environment (including natural resources), or economic loss that results from the inclusion of denatonium benzoate or substitute aversive agent in any engine coolant or antifreeze, provided that the inclusion of denatonium benzoate or substitute aversive agent is present in concentrations mandated by this section.
(b) The limitation on liability provided in subparagraph (a) does not apply to a particular liability to the extent that the cause of such liability is unrelated to the inclusion of denatonium benzoate or substitute aversive agent in any engine coolant or antifreeze.
(c) The limitation on liability in subparagraph (a) shall not be interpreted to provide any limitation on liability in the case of gross negligence or wanton or willful misconduct.
IV. This section shall not apply to:
(a) The sale of a motor vehicle that contains engine coolant or antifreeze.
(b) Wholesale containers containing 55 gallons or more of engine coolant or antifreeze.
V. Any person who knowingly violates this section shall be guilty of a class B misdemeanor.
3 Effective Date. This act shall take effect January 1, 2011.
LBAO
09-0420
01/13/09
HB 431-FN - FISCAL NOTE
AN ACT requiring certain engine coolants and antifreeze to include an aversive agent so that they are rendered unpalatable.
FISCAL IMPACT:
The Judicial Branch states this bill will increase state expenditures by an indeterminable amount in FY 2010 and each year thereafter. This bill will have no fiscal impact on state, county, and local revenues or county and local expenditures.
METHODOLOGY:
This bill requires the addition of an aversive agent to certain engine coolants to render them unpalatable. The Judicial Branch states this bill establishes a class B misdemeanor for violation of the legislation. As such, the Branch states this bill will increase state expenditures by the costs associated with the prosecution of said class B misdemeanors.
The Branch is unable to determine the number of class B misdemeanors that will require prosecution as a result of the proposed legislation, and therefore unable to determine the extent of the proposed legislation’s fiscal impact on state expenditures. However, the Branch notes that in FY 2010, the average cost to the Branch for the prosecution of a class B misdemeanor is $36.89. Accordingly, if the proposed legislation resulted in 272 additional class B misdemeanors, the proposed legislation would increase state expenditures by more than $10,000. The Branch also notes that the possibility of appeals makes the number of cases needed to have a fiscal impact greater than $10,000 fewer than 272.
The Judicial Council states there is no right to counsel for a class B misdemeanor; therefore the proposed legislation has no fiscal impact on the Judicial Council.
The New Hampshire Association of Counties states individuals convicted of a class B misdemeanor may be fined but will not be incarcerated; therefore the proposed legislation has no fiscal impact on the counties.
This bill does not contain an appropriation.