SB368 (2014) Detail

Increasing the maximum fine for lead remediation.


SB 368-FN – VERSION ADOPTED BY BOTH BODIES

2014 SESSION

14-2641

08/03

SENATE BILL 368-FN

AN ACT increasing the maximum fine for lead remediation.

SPONSORS: Sen. Stiles, Dist 24; Sen. Watters, Dist 4; Sen. Soucy, Dist 18; Sen. D'Allesandro, Dist 20; Rep. Rosenwald, Hills 30; Rep. Weber, Ches 1; Rep. P. Schmidt, Straf 19; Rep. Lockwood, Merr 9

COMMITTEE: Health, Education and Human Services

ANALYSIS

This bill raises the maximum fine for violations of statutes and rules relating to lead paint remediation.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

14-2641

08/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fourteen

AN ACT increasing the maximum fine for lead remediation.

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

1 Lead Paint Poisoning Prevention and Control; Administrative Fines. Amend RSA 130-A:14 to read as follows:

130-A:14 Administrative Fines. The commissioner, after notice and opportunity for a hearing, and pursuant to rules adopted under RSA 541-A, may impose an administrative fine not to exceed [$2,000] $5,000 for each offense upon any person who violates any provision of this chapter or rules adopted under this chapter. Rehearings and appeals from a decision of the commissioner shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this chapter. The commissioner shall adopt rules, under RSA 541-A, relative to administrative fines which shall be scaled to reflect the scope and severity of the violation. The sums obtained from the levying of administrative fines under this chapter shall be forwarded to the state treasurer to be deposited into the lead poisoning prevention fund established in RSA 130-A:15.

2 Effective Date. This act shall take effect January 1, 2015.

LBAO

14-2641

11/05/13

SB 368-FN - FISCAL NOTE

AN ACT increasing the maximum fine for lead remediation.

FISCAL IMPACT:

    The Department of Health and Human Services states this bill, as introduced, will increase state revenue by an indeterminable amount in FY 2015 and each year thereafter. There will be no fiscal impact on state, county or local expenditures, or county and local revenues.

METHODOLOGY:

    The Department states this bill increases the maximum fine from $2,000 to $5,000 for violations of the Lead Paint Poisoning and Control statute, RSA 130-A. The Department indicates the maximum fine would be issued in exceptional situations such as those creating serious risk or in the case of repeat violations. The Department states no maximum fines were issued in FY 2012, and assumes a conservative estimate of such fines would be between zero and two per year. Since the frequency of these fines cannot be estimated, the Department is unable to estimate a precise fiscal impact. The fine revenue is deposited in the lead poisoning prevention funds established in RSA 130-A:15. In addition, the Department states the federal Environmental Protection Agency is mandating new rules requiring the higher maximum fine and these rules are tied to federal lead remediation funding and statewide HUD funds for the reduction of lead hazards in pre-1978 housing.