Bill Text - HB184 (2013)

Relative to the oil discharge cleanup fund.

Revision: Dec. 31, 2013, midnight



6Feb2013… 0074h





AN ACT relative to the oil discharge cleanup fund.

SPONSORS: Rep. L. Webb, Merr 3; Rep. Haefner, Hills 37; Sen. D'Allesandro, Dist 20; Sen.?Odell, Dist 8

COMMITTEE: Resources, Recreation and Development


This bill adds a motor oil discharge cleanup fund coverage limitation based on facility storage capacity.

This bill also allows for the waiver of interest by the oil fund disbursement board for good cause.

This bill is a request of the oil fund disbursement board.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

6Feb2013… 0074h




In the Year of Our Lord Two Thousand Thirteen

AN ACT relative to the oil discharge cleanup fund.

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

37:1 Motor Oil Storage Facility; Definition. Amend RSA 146-F:2, II to read as follows:

II. “Motor oil storage facility” means a location consisting of a system of storage tanks, pipes, pumps, and appurtenant structures, singly or in any combination with a total storage capacity of less than or equal to 45,000 gallons, which is, or has been, used for the storage of motor oil or used motor oil.

37:2 Fund Established; Collection. Amend RSA 146-D:3, III to read as follows:

III. The fee provided for in this section shall be collected by agents of the department of safety, in the same manner as provided for in RSA 260:38. Such funds shall be deposited in the oil discharge and disposal cleanup fund established under this chapter. Any person who fails to obtain a license, file a report, or pay the fees established in this chapter shall be subject to the penalties and interest described in RSA 146-A:11-b. The board, pursuant to rules adopted under RSA 146-D:5, may waive all or any portion of such penalties or interest, for good cause.

37:3 Waiver of Penalties and Interest. Amend RSA 146-F:3, II to read as follows:

II. A fee of $.04 per gallon of motor oil shall be assessed at the time of importation into this state. Persons licensed under RSA 146-A:11-b, II shall be liable for payment of this additional fee which shall be collected and enforced by the department of safety in the manner described in RSA?146-A:11-b. Pursuant to rules adopted under RSA 146-D:5, the oil fund disbursement board may waive all or any portion of penalties or interest for good cause. All fee revenues shall be deposited in the motor oil discharge cleanup fund. If the fund's balance becomes greater than $1,000,000, the assessment of fees shall be discontinued and only reestablished when the fund's balance is less than $600,000.

37:4 Rulemaking. Amend RSA 146-D:5, I(f) to read as follows:

(f) Waiver of penalties or interest due or past due under RSA 146-D:3, III and RSA?146-F:3, II.

37:5 Effective Date. This act shall take effect July 1, 2013.

Approved: June 4, 2013

Effective Date: July 1, 2013