Revision: June 6, 2016, midnight
\t \t\tHB 1428-FN-A-LOCAL - VERSION ADOPTED BY BOTH BODIES
9Mar2016... 0632h
05/12/2016 1844s
05/12/2016 1911s
05/12/2016 1961s
1June2016... 2083CofC
2016 SESSION
\t16-2036
\t06/10
HOUSE BILL\t1428-FN-A-LOCAL
AN ACT\testablishing the clean water state revolving fund non-program fund account in the department of environmental services for the purpose of funding eligible and completed wastewater projects under the state aid grant program, making an appropriation to the police standards and training council, repealing the police standards and training council training fund, making a capital appropriation to the police standards and training council, adding a quorum requirement to the performance audit and oversight committee, relative to liquor commission revenue shortfalls, and relative to the rivers management and protection program.
SPONSORS:\tRep. Buco, Carr. 2; Sen. Fuller Clark, Dist 21
COMMITTEE:\tFinance
-----------------------------------------------------------------
AMENDED ANALYSIS
\tThis bill:
\tI. Establishes the CWSRF non-program fund account in the department of environmental services for the purpose of funding eligible and completed wastewater projects under the state aid grant program.
\tII. Appropriates funds from the general fund to the police standards and training council to replace police standards and training council training funds.
\tIII. Repeals the police standards and training council training fund.
\tIV. Appropriates funds from the highway fund to the department of safety for the purchase of police cruisers.
\tV. Makes a capital appropriation to the police standards and training council.
\tVI. Adds a quorum requirement to the legislative performance audit and oversight committee.
\tVII. Suspends through July 1, 2017 the statute requiring the liquor commission to reduce budgeted appropriations in the event of a shortfall in revenue transferred to the general fund in the prior fiscal year and requiring a report of any such reductions.
\tVIII. Excludes the combustion of wood residue from certain air pollution control regulations.
\tIX. Appropriates funds to the department of safety for disaster and emergency response preparedness.
\tX. Contingently nullifies changes to RSA 125-C:10-c under SB 381.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
9Mar2016... 0632h
05/12/2016 1844s
05/12/2016 1911s
05/12/2016 1961s
1June2016... 2083CofC
\t16-2036\t06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\testablishing the clean water state revolving fund non-program fund account in the department of environmental services for the purpose of funding eligible and completed wastewater projects under the state aid grant program, making an appropriation to the police standards and training council, repealing the police standards and training council training fund, making a capital appropriation to the police standards and training council, adding a quorum requirement to the performance audit and oversight committee, relative to liquor commission revenue shortfalls, and relative to the rivers management and protection program.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Department of Environmental Services; Clean Water State Revolving Fund; Non-Program Fund Account. There is hereby established a special nonlapsing account within the department of environmental services known as the clean water state revolving (CWSRF) non-program fund account for the purpose of funding years one and 2 of the payments for the eligible and completed wastewater projects under the state aid grant program in section 2 of this act. Such fund shall be maintained separately and shall not be accounted for in the state's accounting system as general revenue of the state. The account shall be funded in the amount of $825,933 from the surplus funds available in the clean water state revolving loan management account under RSA 486:14, I(b). The department of environmental services shall file an updated Clean Water State Revolving Loan Fund Intended Use Plan with the U.S. Environmental Protection Agency. Following approval of the plan, the department of environmental services shall commence payments on the tier 2 delayed and deferred projects in section 2 of this act by September 16, 2016 or 45 days after plan approval, whichever is later.
\t2 Department of Environmental Services. Tier 2 Delayed and Deferred Projects. Funding Authorized.
\tFY 2017
Exeter\t130-10 Langdon Ave PS Improvements\t$31,687
Rochester\t\t122-11 WWTP Headworks Upgrade\t$63,346
Portsmouth\t106-13 Bartlett Area Sewer Improvements\t$168,944
Portsmouth\t106-14 Lincoln Area Sewer Separation - Contract 3A\t$196,936
Hanover\t\t197-04 Water Reclamation Facility Improvements\t$284,051
Littleton\tD2004-0416 Bishop Street Sanitary Sewer Infrastructure\t$20,386
Littleton\t\tD2004-0717 Bronson Street Sanitary Sewer Improvements\t$26,345
Littleton\t02008-0807 Grove Street &
\tS. Grove Street Sanitary Sewer Replacement\t$34,238
Total Tier 2 Delayed and Deferred Projects.\t$825,933
\t3 Repeal. Clean Water State Revolving Fund, Non-program Fund Account. The CWSRF non-program fund account established in section 1 of this act shall be repealed on the date the commissioner of the department of environmental services certifies to the director of legislative services and the secretary of state that payments on the projects listed in section 2 of this act have been made in full.
\t4 Police Standards and Training Council; Appropriation.\t
\t\tI. The police standards and training council shall reduce police standard and training council training fund appropriations by $3,557,141 in the fiscal year ending June 30, 2017.
\t\tII. There is hereby appropriated to the police standards and training council the sum of $3,557,141 for the fiscal year ending June 30, 2017. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated. The purpose of this appropriation is to offset the reduction required in paragraph I.
\t\tIII. Any balance remaining in the police standards and training council training fund as of June 30, 2016 shall be transferred to the general fund.
\t5 Repeal. The following are repealed:
\t\tI. RSA 188-F:30, relative to police standards and training council training fund.
\t\tII. RSA 6:12, I(b)(6), relative to police standards and training council training fund.
\t6 Community College System of New Hampshire; Authority of the Board of Trustees. Amend RSA 188-F:6, VIII to read as follows:
\t\tVIII. Receive, expend, allocate, and transfer funds within the community college system of New Hampshire as necessary to fulfill the purposes of the community college system. The trustees shall have no authority over [funds in the police standards and training council training fund established in RSA 188-F:30, or] any [other] funds appropriated to the police standards and training council or to the McAuliffe-Shepard discovery center, which shall not be commingled with any funds of the community college system of New Hampshire.
\t7 Police Standards and Training Council Training Fund. Amend RSA 188-F:31, IV to read as follows:
\t\tIV. The clerk of each court shall collect all penalty assessments and shall transmit the amount collected under paragraphs I-III to the state treasurer for deposit in the following funds. The state treasurer shall deposit 66.66 percent of the amount collected in the [police standards and training council training fund] state general fund, 16.67 percent of the amount collected in the victims' assistance fund, and 16.67 percent of the amount collected in the judicial branch information technology fund.
\t8 Police Standards and Training Council. Amend RSA 188-F:32-a, I to read as follows:
\t\tI. The council with approval of the board of trustees of the department may set tuition, selection procedures and fees for acceptance of tuition students at its programs and for the use of its facilities. Such fees shall be [deposited to the credit of the police standards and training council training fund or] credited with the approval of the department of administrative services, [credited] to the operating accounts of the council to offset additional expenditures necessitated by the acceptance of the additional students.
\t9 Motor Vehicles; Penalties. Amend RSA 262:44, I to read as follows:
\t\tI. Such defendant shall receive, in addition to the summons, a uniform fine schedule entitled "Notice of Fine, Division of Motor Vehicles'' which shall contain the normal fines for violations of the provisions of title XXI on vehicles for which a plea may be entered by mail. The defendant shall be given a notice of fine indicating the amount of the fine plus penalty assessment at the time the summons is issued; except if, for cause, the summoning authority wishes the defendant to appear personally. Defendants summoned to appear personally shall do so on the arraignment date specified in the summons, unless otherwise ordered by the court. Defendants who are issued a summons and notice of fine and who wish to plead guilty or nolo contendere shall enter their plea on the summons and return it with payment of the fine plus penalty assessment to the director of the division of motor vehicles within 30 days of the date of the summons. The director of the division of motor vehicles may accept payment of the fine by credit card in lieu of cash payment. Any transaction costs assessed by the issuer of the credit card shall be paid out of the portion of the fine amount which is credited as agency income and not out of the penalty assessment charged by the district court. The director of the division of motor vehicles shall remit the penalty assessments collected to the [police standards and training council for deposit in the police standards and training council training fund and to the] state treasurer to be credited and continually appropriated to the state general fund and to the victims' assistance fund and the judicial branch information technology fund in the percentages and manner prescribed in RSA 188-F:31. Fines shall be paid over to the state treasurer, and shall be credited as agency income by the department of safety within 14 days of their receipt and shall not lapse to the general fund until the second year of each biennium.
\t10 Supervision Fees; Probationers. Amend RSA 504-A:13, II(a) to read as follows:
\t\t\t(a) $5 to the [police standards and training council training fund] state general fund to defray expenses of providing training to employees of the department of corrections.
\t11 Department of Safety, Division of State Police; Appropriation.
\t\tI. There is hereby appropriated to the department of safety, division of state police, the sum of $700,000 for the biennium ending June 30, 2017 for the purpose of the acquisition and equipping of new state police cruisers to replace those that have repairs exceeding the value of the vehicle.
\t\tII. The source of funds for the appropriation made in paragraph I shall be $540,050 as a charge against the highway fund and $159,950 as a charge against the turnpike fund.
\t12 Police Standards and Training Council. For the fiscal year ending June 30, 2016, police standards and training council accounting units 06-87-87-870510-8980, 06-87-87-871010-8999, 06-87-87-871510-8310, and 06-87-87-872010-8139 shall be exempt from budget footnote I contained in 2015, 275:1.08.
\t13 Supplemental Appropriation; Police Standards and Training Council.
\t\tI. For the biennium ending June 30, 2017, in addition to any other funds appropriated to the police standards and training council, the sum of $400,000 is hereby appropriated to the police standards and training council for the purpose of replacing the tactical center roof. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
\t\tII. All contracts, projects, plans and specifications therefor for the project authorized in this section shall be awarded in accordance with the provisions of RSA 21-I.
\t14 Legislative Performance Audit and Oversight; Committee Established. Amend RSA 17-N:1, II to read as follows:
\t\tII. The committee shall consist of 10 members, 5 of whom shall be members of the house of representatives, 3 appointed by the speaker of the house and 2 appointed by the house minority leader, and 5 of whom shall be senators, 3 appointed by the president of the senate, and 2 appointed by the senate minority leader. Members shall be appointed for their term of office. All members shall be eligible for reappointment so long as they are qualified under this section. Members shall be appointed no later than December 30 of the year of their election to the general court, except that vacancies shall be filled for an unexpired term within 30 days of the creation of such vacancy, and the initial appointments under this section shall be made within 30 days of the effective date of this section. The members shall choose from their number a chairman, provided that the chairmanship shall rotate biennially between the house and senate members. Four members of the committee shall constitute a quorum.
\t15 Liquor Commission; Revenue Shortfalls. The provisions of RSA 176:16-a, relative to liquor commission revenue shortfalls, are hereby suspended for period beginning on the effective date of this section and ending on July 1, 2017.
\t16 Renewable Energy Fund. Amend RSA 362-F:10, I to read as follows:
\t\tI. There is hereby established a renewable energy fund. This nonlapsing, special fund shall be continually appropriated to the commission to be expended in accordance with this section. The state treasurer shall invest the moneys deposited therein as provided by law. Income received on investments made by the state treasurer shall also be credited to the fund. All payments to be made under this section shall be deposited in the fund. Of the moneys paid into the fund, the amount of [$720,000] $520,000 for fiscal year 2016 [and the amount of $1,500,000 for fiscal year 2017 and each fiscal year thereafter] shall be transferred to the division of homeland security and emergency management for the purpose of disaster and emergency response preparedness and coordination to help minimize utility and other disruptions resulting from natural or manmade disasters. Any remaining moneys paid into the fund under paragraph II of this section, excluding class II moneys, shall be used by the commission to support thermal and electrical renewable energy initiatives. Class II moneys shall primarily be used to support solar energy technologies in New Hampshire. All initiatives supported out of these funds shall be subject to audit by the commission as deemed necessary. All fund moneys including those from class II may be used to administer this chapter, but all new employee positions shall be approved by the fiscal committee of the general court. No new employees shall be hired by the commission due to the inclusion of useful thermal energy in class I production.
\t17 Supplemental Appropriation to the Department of Safety. In addition to any other funds appropriated to the department of safety, the sum of $200,000 for the fiscal year ending June 30, 2016 and the sum of $1,500,000 for the fiscal year ending June 30, 2017 are hereby appropriated for the purpose of disaster and emergency response preparedness and coordination to help minimize utility and other disruptions resulting from natural or manmade disasters. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.
\t18 Combustion Ban. RSA 125-C:10-c is repealed and reenacted to read as follows:
\t125-C:10-c Combustion Ban.
\t\tI. Notwithstanding any provision of law to the contrary, no person shall combust the wood component of construction and demolition debris, as defined in RSA 149-M:4, IV-a, or any mixture or derivation from said component.
\t\tII. This section shall not apply to:
\t\t\t(a) The incidental combustion of such materials either by any municipal waste incinerator or a municipal combustor with a design capacity of less than 250 tons per day of municipal solid waste, that has been permitted by the department and was in operation on January 1, 2006;
\t\t\t(b) The combustion of no more than 10,000 tons per year of wood residue at any municipal waste combustor from November 15 through April 15 from facilities that process construction and demolition debris in a manner no less stringent than the requirements of the Environmental Protection Agency's Non-Hazardous Secondary Materials Rule, 40 C.F.R. section 241.4(a)(5) (Non-waste Determinations for Specific Non-Hazardous Secondary Materials When Used as a Fuel) dated February 8, 2016. No such combustion shall occur until the department adopts rules regarding fuel quality standards and test methods in accordance with RSA 125-C:6, XIV-a and the department has taken final action on a permit revision for the facility utilizing such fuel; or
\t\t\t(c) The incidental combustion, under the supervision of a solid waste facility operator of untreated wood at any municipal transfer station subject to regulation under RSA 149-M.
\t\tIII. For purposes of this section, a municipal waste combustor shall have the same definition as RSA 125-M:2, XI, have a design capacity of at least 250 tons per day of municipal solid waste before January 1, 2016, be subject to regulation by this chapter or RSA 149-M, and have been in operation on January 1, 2016.
\t19 Air Pollution Control; Duties of the Commissioner. Amend RSA 125-C:6, XIV-a to read as follows:
\t\tXIV-a. Establishing fuel quality standards and testing requirements for biomass other than round wood and wood chips derived from round wood or waste wood such as limbs, branches, brush, slash, bark, stumps, sawdust, saw mill trimmings, clean pallets, and untreated wood scraps from furniture and other manufacture and eligible biomass fuel related to the combustion of such materials at stationary sources, and clean processed wood residue for use in accordance with RSA 125-C:10-c, II(b). The commissioner may establish such standards as necessary to maintain statewide compliance with Clean Air Act standards and RSA 125-I.
\t20 Contingent Nullification. If SB 381 of the 2016 legislative session becomes law, the amendment to RSA 125-C:10-c, as inserted by section 1 of SB 381, shall not take effect.
\t\tI. Sections 1-3 of this act shall take effect July 1, 2016.
\t\tII. Sections 5-10 of this act shall take effect July 1, 2016.
\t\tIII. Sections 18-19 of this act shall take effect 60 days after its passage.
\t\tIV. The remainder of this act shall take effect upon its passage.