HB 1229-FN – VERSION ADOPTED BY BOTH BODIES
6Feb2014… 0130h
2014 SESSION
06/03
HOUSE BILL 1229-FN
AN ACT relative to the oil discharge and gasoline ether cleanup fund.
SPONSORS: Rep. L. Webb, Merr 3; Rep. Mullen, Straf 1; Sen. Odell, Dist 8; Sen. D’Allesandro, Dist 20
COMMITTEE: Resources, Recreation and Development
This bill extends the repeal dates of cleanup funds established under RSA 146-D and RSA 146-G.
This bill also changes compensation limits under RSA 146-D.
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
6Feb2014… 0130h
14-2199
06/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to the oil discharge and gasoline ether cleanup fund.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Oil Discharge and Disposal Cleanup Fund; Effective Date of Repeal Changed. Amend 1988, 271:11, I, as amended by 1993, 294:14, 1995, 247:10, 2001, 293:19, and 2008, 249:9 to read as follows:
I. Paragraphs VIII and IX of section 9 of this act shall take effect July 1, [2015] 2025.
2 Funds Transferred to Oil Pollution Control Fund; Funds Transfer Date Changed. Amend 1993, 294:1, as amended by 1995, 247:9, 2001, 293:18, and 2008, 249:4 to read as follows:
294:1 Funds Transferred to Oil Pollution Control Fund. The oil discharge and disposal cleanup fund established in RSA 146-D:3, I shall lapse on July 1, [2015] 2025. Any moneys remaining in the fund at that time shall be transferred to the oil pollution control fund established in RSA 146-A:11-a.
3 Funds Transferred to Oil Pollution Control Fund; Effective Date of Repeals Changed. Amend 2001, 293:22, I-III, as amended by 2008, 249:10 to read as follows:
I. Paragraph I of section 20 of this act shall take effect July 1, [2015] 2025.
II. Paragraph II of section 20 of this act shall take effect October 1, [2015] 2025.
III. Sections 14 and 17 of this act shall take effect at 12:01 a.m. on July 1, [2015] 2025.
4 Funds Transfer Date Changed. Amend 2001, 293:21, as amended by 2008, 249:5 to read as follows:
293:21 Funds Transferred to Oil Pollution Control Fund. The gasoline remediation and elimination of ethers fund established in RSA 146-G:4, I shall lapse on July 1, [2015] 2025. Any moneys remaining in the fund at that time shall be transferred to the oil pollution control fund established in RSA 146-A:11-a.
5 Reporting by the Oil Disbursement Board; Deadline Extended. Amend RSA 146-G:9 to read as follows:
146-G:9 Reporting by the Oil Disbursement Board. The board shall file annual reports of the status of the gasoline remediation and elimination of ethers fund no later than October 1, to the speaker of the house, the president of the senate, and the state library. The first such report shall be submitted no later than October 1, 2002. The board shall also file interim reports on the activities of the gasoline remediation and elimination of ethers fund, including expenditures and reimbursements, and enforcement and remediation activities under RSA 146-G, by October 1, 2005 and by October 1, 2010 to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the house and senate committees having jurisdiction over water quality policy, the governor, and the state library. The board shall file a final report on the activities of the fund and enforcement and remediation activities by October 1, [2015] 2025 to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the house and senate committees having jurisdiction over water quality policy, the governor, and the state library.
6 Change in Fund Compensation Limit. Amend RSA 146-D:6, III to read as follows:
III. Owners of facilities or land eligible under this chapter may apply for reimbursement of court-ordered damages to third parties for bodily injury or property damage, and for the costs of onsite and off-site cleanup of oil discharges in amounts not to exceed a total of $1,500,000. After the initial $1,500,000 is reimbursed, owners may apply for reimbursement of additional onsite and off-site cleanup costs in amounts not to exceed a total of $500,000. The fund shall be deemed excess insurance over any other valid and collectible insurance for the costs of cleanup and damages to third parties. There shall be no right of recovery against the fund for payments made under other insurance.
7 Effective Date. This act shall take effect July 1, 2014.
LBAO
14-2199
Amended 02/14/14
HB 1229-FN FISCAL NOTE
AN ACT relative to the oil discharge and gasoline ether cleanup fund.
FISCAL IMPACT:
The Department of Environmental Services states this bill, as amended by the House (Amendment #2014-0130h), will increase state restricted revenue by $13,125,151, and increase state restricted expenditures by $12,898,493 in FY 2016 and each year thereafter. There is no impact on county and local revenue or expenditures.
METHODOLOGY:
The Department of Environmental Services states this bill would extend the repeal dates of the oil discharge and gasoline ether cleanup funds from July 1, 2015 to July 1, 2025 and allows eligible owners to apply for an additional $500,000 for onsite and offsite cleanups. The collection of import fees on gasoline and diesel fuel will continue through July 1, 2025. The Department states for the period FY 2009 through FY 2013 the average annual revenue collected from these import fees was $13,125,151 and the average annual expenditure for cleanup projects for the same period was $12,898,493. The Department assumes average revenue and expenditures will remain constant through July 1, 2025, however there may be individual years where revenue or expenditures are higher or lower than the average. The Department states the additional $500,000 made available would be limited to eight or fewer locations and that the total amount would not be spent in a single year, thus will not impact overall expenditures. The Department states the program will only approve cleanup projects when new annual revenues and any available balances are sufficient to cover the cost.