SB 55-FN – AS INTRODUCED
2011 SESSION
06/04
SENATE BILL 55-FN
AN ACT requiring certain engine coolants and antifreeze to include an aversive agent so that they are rendered unpalatable.
SPONSORS: Sen. Odell, Dist 8; Sen. Bradley, Dist 3; Sen. Merrill, Dist 21; Rep. Bettencourt, Rock 4; Rep. Reagan, Rock 1; Rep. Lovett, Sull 4
COMMITTEE: Energy and Natural Resources
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0613
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
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 act provides that:
I. Certain engine coolant and antifreeze must contain an aversive agent (denatonium benzoate) to render it unpalatable.
II. Antifreeze manufacturers are liable for ethylene glycol antifreeze.
III. Denatonium benzoate manufacturers are liable for denatonium benzoate when included in antifreeze in the range prescribed by this act.
IV. Antifreeze manufactures are liable for denatonium benzoate when used in any manner that is incongruous with the requirements of this act.
V. A penalty for noncompliance with the requirements of this act.
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.(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 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 in any engine coolant or antifreeze, provided that the inclusion of denatonium benzoate is present in concentrations mandated by paragraph I.
(b) The limitation on liability provided in subparagraph (a) shall not apply to a particular liability to the extent that the cause of such liability is unrelated to the inclusion of denatonium benzoate 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.
III. 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.
IV. 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, 2012.
LBAO
11-0613
01/10/11
SB 55-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 may increase state general fund expenditures by an indeterminable amount in FY 2012 and each year thereafter. This bill will have no fiscal impact on state, county, and local revenues or county and local expenditures.
METHODOLOGY:
The Judicial Branch states this bill adds RSA 644:8-g, dealing with the sale of engine coolants and antifreeze and makes it a class B misdemeanor to knowingly violate this proposed new statute. The Branch has no information on how many new cases will be brought as a result of this bill. The Branch does have information on the average cost of processing a class B misdemeanor. The Branch states the cost for a class B misdemeanor is $43.58 in FY 2012 and $44.34 in FY 2013 and each year thereafter. The possibility of appeals increases the likelihood the fiscal impact on the Branch will exceed $10,000.
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.