SB468 (2018) Detail

Relative to fines and penalties collected by the department of environmental services.


SB 468-FN-A - AS AMENDED BY THE SENATE

 

02/22/2018   0609s

2018 SESSION

18-2846

05/10

 

SENATE BILL 468-FN-A

 

AN ACT relative to fines and penalties collected by the department of environmental services.

 

SPONSORS: Sen. Daniels, Dist 11

 

COMMITTEE: Finance

 

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ANALYSIS

 

This bill requires certain fines and penalties collected by the department of environmental services to be deposited in the general fund rather than in dedicated funds.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/22/2018   0609s 18-2846

05/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to fines and penalties collected by the department of environmental services.

 

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

 

1  Asbestos Management and Control Fund.  Amend RSA 141-E:12, II to read as follows:

II.  The commissioner shall, by rule, set a schedule of fees for the notification of asbestos abatement projects.  All such fees [and the fines levied under RSA 141-E:16] shall be deposited in a nonlapsing account, shall be used solely for the administration of the department's responsibilities under this chapter, and are hereby continually appropriated for said purposes.

2  Asbestos Management and Control Fund.  Amend RSA 141-E:16, I(a) to read as follows:

I.(a)  The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of RSA 141-E:3 or any rule adopted by the commissioner under this chapter; or upon any person who makes or certifies a material false statement relative to any document or information which is required to be submitted to the department pursuant to this chapter or any rule adopted pursuant to this chapter.  Rehearings and appeals from a decision of the commissioner under this paragraph shall be in accordance with RSA 541.  Any administrative fine imposed under this paragraph shall not preclude the imposition of further penalties under this chapter.  The proceeds of administrative fines levied pursuant to this paragraph shall be deposited [by the commissioner in the fund established by RSA 141-E:12, II] in the general fund.

3  Oil Pollution Control Fund.  Amend RSA 146-A:15, II to read as follows:

II.  The proceeds of administrative fines levied pursuant to paragraph I shall be deposited [by the commissioner into the oil pollution control fund established under this chapter] in the general fund.

4  Underground Storage Facilities; Oil Pollution Control Fund; Hazardous Waste Cleanup Fund; Penalties.  Amend RSA 146-C:10, II to read as follows:

II.  All moneys collected under this section [which pertain to the discharge of oil shall be paid into the oil pollution control fund established under RSA 146-A:11-a. All moneys collected under this section which pertain to discharge of a hazardous substance shall be paid to the hazardous waste cleanup fund established under RSA 147-B:3] shall be deposited in the general fund.

5  Underground Storage Facilities; Administrative Fines.  Amend the introductory paragraph of RSA 146-C:10-a to read as follows:

146-C:10-a  Administrative Fines.  The commissioner of the department of environmental services, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter including any rule adopted under the provisions of this chapter.  Rehearings and appeals from a decision of the commissioner under this section shall be in accordance with RSA 541.  Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter.  The proceeds of administrative fines levied pursuant to this section shall be deposited [by the commissioner in the oil pollution control fund established under RSA 146-A] in the general fund.  The commissioner shall adopt rules, under RSA 541-A, relative to:

6  Hazardous Waste Cleanup Fund; Penalties and Fines.  Amend RSA 147-A:16, III to read as follows:

III.  Criminal penalties and fines imposed under [RSA 147-A:16] this section shall be [paid to the New Hampshire hazardous waste cleanup fund established under RSA 147-B:3] deposited in the general fund.

7  Brownfields Program; Hazardous Waste Cleanup Fund.  Amend RSA 147-F:19, IV to read as follows:

IV.  Any person who knowingly commits a violation listed in paragraph III of this section shall be guilty of a felony and, notwithstanding RSA 651:2, may in addition to any sentence of imprisonment, probation or conditional discharge, be fined no more than $25,000 for each violation if found guilty pursuant to this section.  Each day of violation shall constitute a separate offense.  Criminal penalties imposed under this section shall be [paid to the hazardous waste cleanup fund established by RSA 147-B] deposited in the general fund.

8  Dam Maintenance Revolving Loan Fund; Penalties.  Amend RSA 482:89, VI to read as follows:

VI.  The proceeds of any penalties levied pursuant to paragraphs III through V shall be deposited into the [dam maintenance revolving loan fund established in RSA 482:55-a] general fund.

9  Fill and Dredge in Wetlands.  Amend RSA 482-A:13 to read as follows:

482-A:13  Administrative Fine.  The commissioner, after notice and hearing in accordance with the procedures set forth in RSA 541-A, is empowered to impose an administrative fine of up to $5,000 for each violation, irrespective of the duration of violation, upon any person who violates any provision of this chapter.  This fine is appealable under RSA 541.  Any administrative fine imposed under this section will not preclude the imposition of further penalties under this chapter.  The proceeds of administrative fines levied pursuant to this section shall be [placed in the nonlapsing fund authorized in RSA 482-A:14, III] deposited in the general fund.

10  Fill and Dredge in Wetlands.  Amend RSA 482-A:14, III to read as follows:

III.  Failure, neglect or refusal to comply with this chapter or rules adopted under this chapter, or an order or condition of a permit issued under this chapter, and the misrepresentation by any person of a material fact made in connection with any activities regulated or prohibited by this chapter shall be deemed violations of this chapter.  The court may, upon separate petition of the attorney general, or in connection with a petition for equity relief, levy upon any person who violates this chapter, whether or not the owner of the land in question, a civil penalty in an amount not to exceed $10,000 per violation.  Each day of a continuing violation shall constitute a separate violation.  The proceeds of any civil penalty levied pursuant to this chapter shall be [placed in a nonlapsing fund held by the treasurer, which may be expended by the department, subject to the approval of the governor and council, for the purpose of restoration, research, investigation and enforcement relative to wetlands] deposited in the general fund.

11  Winnipesaukee River Basin Control; Replacement Fund.  Amend the introductory paragraph of RSA 485-A:54, V to read as follows:

V.  The commissioner of environmental services, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this subdivision, any rule adopted under this subdivision, or any permit or contract entered into under the authority of this subdivision.  Rehearings and appeals from a decision of the commissioner under this paragraph shall be in accordance with RSA 541.  Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this subdivision.  The proceeds of administrative fines levied pursuant to this paragraph shall be deposited [by the department in the replacement fund established pursuant to RSA 485-A:51] in the general fund.  The commissioner shall adopt rules, under RSA 541-A, relative to:

12  Effective Date.  This act shall take effect July 1, 2019.

 

LBAO

18-2846

Amended 3/5/18

 

SB 468-FN-A- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2018-0609s)

 

AN ACT relative to fines and penalties collected by the department of environmental services.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

$0

$0

$0

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - Various Dedicated Funds

 

 

 

 

 

METHODOLOGY:

This bill requires certain fines and penalties collected by the Department of Environmental Services to be deposited in the general fund instead of dedicated funds.  The Department assumes this bill would not result in any net change to state revenue or expenditures, but would change where the revenue is deposited and how the expenditures are funded.  For the fines and penalties impacted by this bill, the Department  looked at the actual revenue collected over the past three fiscal years to calculate annual averages for each fund.

Dedicated Fund

Program

Fine / Penalty

Ave. Annual Revenue

Asbestos Management and Control RSA 141-E:16

Asbestos

Administrative Fines

$22,500

Oil Pollution Control Fund           RSA 146-A:15, II

Oil Spills

Administrative Fines

$4,500

Oil Pollution Control Fund          RSA 141-C:10-a

UST Facilities

Administrative Fines

$8,830

Oil Pollution Control Fund or Hazardous Waste cleanup Fund (depending on pollutant)                RSA 146-C:10,II

UST Facilities

Civil Penalties

$4,450

Hazardous Waste Cleanup Fund RSA 147-A:16,III

Hazardous Waste

Criminal Penalties

$0

Hazardous Waste Cleanup Fund RSA 147-F:19,IV

Brownfields Program

Criminal Penalties

$0

Dam Maintenance Revolving Loan Fund RSA 482:89,VI

Dam Program

Criminal & Civil Penalties & Admin. Fines.

$1,557

Wetlands and Shorelands Review Fund RSA 482-A:13

Wetlands

Administrative Fines

$66,260

Wetlands and Shorelands Review Fund RSA 482-A:14, III

Wetlands

Civil Penalties

Included  in above

WRBP Replacement Fund RSA 485-A:54,V

Winnipesaukee River Basin Program

Administrative Fines

$0

 

The Department indicates there is no known impact to local or county revenues and expenditures.

 

AGENCIES CONTACTED:

Department of Environmental Services

 

Links

SB468 at GenCourtMobile

Action Dates

Date Body Type
Feb. 6, 2018 Senate Hearing
Feb. 22, 2018 Senate Floor Vote
March 20, 2018 House Hearing
March 27, 2018 House Exec Session

Bill Text Revisions

SB468 Revision: 3099 Date: March 12, 2018, 9:37 a.m.
SB468 Revision: 2731 Date: Dec. 20, 2017, 2:04 p.m.

Docket

Date Status
Jan. 3, 2018 To Be Introduced 01/03/2018 and Referred to Finance; SJ 1
Feb. 6, 2018 Hearing: 02/06/2018, Room 103, SH, 01:30 pm; SC 6
Feb. 22, 2018 Committee Report: Ought to Pass with Amendment # 2018-0609s, 02/22/2018; SC 8
Feb. 22, 2018 Committee Amendment # 2018-0609s, AA, VV; 02/22/2018; SJ 5
Feb. 22, 2018 Ought to Pass with Amendment 2018-0609s, MA, VV; OT3rdg; 02/22/2018; SJ 5
March 7, 2018 Introduced 03/07/2018 and referred to Ways and Means HJ 7 P. 52
March 20, 2018 Public Hearing: 03/20/2018 11:00 AM LOB 202
March 27, 2018 Full Committee Work Session: 03/27/2018 11:00 AM LOB 202
March 27, 2018 Executive Session: 03/27/2018 LOB 202
Committee Report: Refer for Interim Study (Vote 19-1; CC)
April 5, 2018 Committee Report: Refer for Interim Study for 04/05/2018 (Vote 19-1; CC) HC 13 P. 6
April 5, 2018 Refer for Interim Study: MA VV 04/05/2018 HJ 11 P. 7