Revision: Jan. 11, 2023, 10:38 a.m.
HB 494-FN - AS INTRODUCED
2023 SESSION
23-0380
08/05
HOUSE BILL 494-FN
AN ACT relative to fees collected under the New Hampshire fertilizer law.
SPONSORS: Rep. Bixby, Straf. 13; Rep. Comtois, Belk. 7; Sen. Avard, Dist 12
COMMITTEE: Environment and Agriculture
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ANALYSIS
This bill establishes the soil and plant additive regulatory fund and distributes certain fees relative to soil and plant additives into such fund.
This bill is a request of the department of agriculture, markets, and food.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0380
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to fees collected under the New Hampshire fertilizer law.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Registration of Fertilizer. Amend RSA 431:4, II to read as follows:
II. The fees collected under this section shall be deposited with the state treasurer into [the general fund as unrestricted revenue] the soil and plant additive regulatory fund.
2 Inspection Fees and Tonnage Reports; Fertilizer. Amend RSA 431:6, IV to read as follows:
IV. Fees collected under this section shall be deposited with the state treasurer into [the general fund as unrestricted revenue] the soil and plant additive regulatory fund.
3 Agricultural Liming Materials; Fertilizer. Amend RSA 431:27, I to read as follows:
I. Each separately identified product shall be registered before being distributed in this state. The application for registration shall be submitted to the commissioner on a form furnished or approved by the commissioner and shall be accompanied by a fee of $50 per product. The fees collected under this section shall be deposited with the state treasurer into [the general fund as unrestricted revenue] the soil and plant additive regulatory fund. Upon approval by the commissioner, a copy of the registration shall be furnished to the applicant. All registrations expire on January 1 of the following year.
4 New Section; Soil and Plant Additive Regulatory Fund. Amend RSA 431 by inserting after section 21 the following new section:
431:21-a Soil and Plant Additive Regulatory Fund. There is established a nonlapsing fund to be known as the soil and plant additive regulatory fund in the department of agriculture, markets, and food, which shall be kept distinct and separate from all other funds. All moneys in the soil and plant additive regulatory fund shall be nonlapsing and continually appropriated to the commissioner, and except as otherwise provided in law, shall be used for the purpose of administering the requirements of RSA 431, including the costs of processing registrations and labels, analyzing soil and plant additive products to determine consistency with label guarantees, undertaking compliance and enforcement actions, and contributing to the maintenance costs of the department electronic data processing system proportional to the demand regulation of fertilizers, agricultural liming, and other soil and plant additives placed on the system.
5 New Subparagraph; Soil and Plant Additive Regulatory Fund. Amend RSA 6:12,I(b) by inserting after subparagraph (387) the following new subparagraph:
(388) Moneys deposited in the soil and plant additive regulatory fund established in RSA 431:21-a.
6 Effective Date. This act shall take effect July 1, 2023.
23-0380
1/3/23
HB 494-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to fees collected under the New Hampshire fertilizer law.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Soil and Plant Additive Regulatory Fund | |||
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METHODOLOGY:
This bill establishes the soil and plant additive regulatory fund and distributes certain fees relative to soil and plant additives into the fund. The fund would be non-lapsing and continually appropriated for the purpose of administering RSA 431 (Soil Conditioners) including contributing to the maintenance costs of the Department's electronic data processing system proportional to the use for regulation of fertilizers, agricultural liming, and other soil and plant additives.
The Department of Agriculture, Markets and Food identified the following annual revenue amounts currently deposited into the general fund which, under this bill, would be deposited into the soil and plant additive regulatory fund:
| Soil and Plant Additive Regulatory Fund | General Fund |
Tonnage Registration Program 44,256 tons @ $0.20 / ton | $8,851 | ($8,851) |
Fertilizer Registration Program 4,498 products @ $75 each | $371,100 | ($371,100) |
Liming Registration Program 115 products @ $50 each | $5,750 | ($5,750) |
Totals: | $385,701 | ($385,701) |
Regarding current expenditures for administration of RSA 431, the Department indicated there are two full time positions at a total estimated annual cost of $175,000. The Department anticipates this bill would enable them to upgrade and maintain the database used for these programs. This would enable the Department to free up existing staff time to do work elsewhere as needed in the Division. Therefore, the only additional expenditures would be to upgrade and maintain the improved database.
AGENCIES CONTACTED:
Department of Agriculture, Markets and Food