Bill Text - HB380 (2017)

Relative to the oil discharge and disposal cleanup fund.


Revision: May 11, 2017, 1:49 p.m.

HB 380-FN - VERSION ADOPTED BY BOTH BODIES

 

 

2017 SESSION

17-0161

08/10

 

HOUSE BILL 380-FN

 

AN ACT relative to the oil discharge and disposal cleanup fund.

 

SPONSORS: Rep. Christensen, Hills. 21; Rep. Ebel, Merr. 5; Sen. Woodburn, Dist 1

 

COMMITTEE: Resources, Recreation and Development

 

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

 

ANALYSIS

 

This bill:

 

I.  Clarifies that the oil discharge and disposal cleanup fund is nonlapsing.

 

II.  Clarifies eligibility requirements for potential contamination source properties.

 

III.  Increases the limit for reimbursement for tank upgrade costs for low-income owners of on-premises-use facilities, in order to stay current with market rates.

 

This bill is a request of the department of environmental services and the oil fund disbursement board.  

 

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

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0161

08/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to the oil discharge and disposal cleanup fund.

 

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

 

1  Oil Discharge and Disposal.  Amend RSA 146-D:3, I to read as follows:

I.  There is established [an] a nonlapsing oil discharge and disposal cleanup fund.  This fund shall be used, consistent with the provisions of this chapter, to reimburse costs incurred in cleaning up oil discharges in the groundwater and surface waters and soils of the state and in paying third party damages.

2  Eligible Expenses and Availability of Funds.  Amend RSA 146-D:6, II-III to read as follows:

II.  The fund shall be available for reimbursement of costs for court-ordered damages to third parties or bodily injury or property damage due to oil contamination incurred by owners of oil storage facilities and owners of land where compliant oil storage facilities were located, and for the costs of on-site and off-site cleanup of oil contamination incurred by owners of oil storage facilities, owners of land where compliant oil storage facilities were located, and owners of potential contamination source properties contaminated by gasoline ethers.

III.  Owners of on-premises-use facilities who have demonstrated financial need may apply for reimbursement of costs to meet local and department operating standards in amounts not to exceed a total of [$1,500] $2,250, and may apply for reimbursement of underground storage tank abandonment or removal costs in amounts not to exceed a total of $2,500.

3  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

17-0161

1/10/17

 

HB 380-FN- FISCAL NOTE

as introduced

 

AN ACT relative to the oil discharge and disposal cleanup fund.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [    ] General            [    ] Education            [    ] Highway           [ X ] Other

 

 

 

 

 

METHODOLOGY:

This bill makes the Oil Discharge and Disposal Cleanup Fund nonlapsing and expands the criteria for eligible reimbursable expenses to include properties contaminated by gasoline ethers.  Further, this bill increases the reimbursement limit for tank upgrades to $2,250 from $1,500 for low-income owners of home heating oil tanks.  The Department of Environmental Services states that on average 156 tanks upgrades will be reimbursed annually.  The Department estimates the average reimbursement will be $2,100, which is approximately $600 more than the current maximum reimbursement ($2,100 - $1,500 = $600).  Consequently, state restricted expenditures are expected to increase by approximately $93,600 (156 reimbursements * $600 = $93,600).  

 

AGENCIES CONTACTED:

Department of Environmental Services