Bill Text - SB494 (2024)

Relative to establishing a farmer assistance fund.

Revision: Dec. 13, 2023, 11:35 a.m.

SB 494-FN-A - AS INTRODUCED

 

 

2024 SESSION

24-2920

08/05

 

SENATE BILL 494-FN-A

 

AN ACT relative to establishing a farmer assistance fund.

 

SPONSORS: Sen. Fenton, Dist 10; Sen. Watters, Dist 4; Sen. Perkins Kwoka, Dist 21; Sen. Soucy, Dist 18; Sen. D'Allesandro, Dist 20; Sen. Whitley, Dist 15; Sen. Innis, Dist 7; Sen. Altschiller, Dist 24; Sen. Carson, Dist 14; Sen. Rosenwald, Dist 13; Sen. Prentiss, Dist 5; Sen. Chandley, Dist 11; Rep. M. Pearson, Rock. 34; Rep. Bixby, Straf. 13; Rep. M. Murray, Hills. 37; Rep. Germana, Ches. 1

 

COMMITTEE: Finance

 

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ANALYSIS

 

This bill establishes the farmer assistance for natural disasters fund and makes an appropriation therefor.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2920

08/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to establishing a farmer assistance fund.

 

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

 

1  New Subdivision; Farmer Assistance for Natural Disasters.  Amend RSA 425 by inserting after section 26 the following new subdivision:

Farmer Assistance for Natural Disasters

425:27  Definitions.  In this chapter:

I.  "Department" means the department of agriculture.

II.  "Fund" means the farmer assistance for natural disasters fund established by this chapter.

425:28  Farmer Assistance for Natural Disasters Fund.

I.  There is hereby established in the department the farmer assistance for natural disasters fund which shall be maintained in the state treasury as distinct and separate from all other funds.  All moneys in the fund shall be nonlapsing and continually appropriated to the department of agriculture for the purposes of this chapter.

II.  The commissioner of agriculture may apply for and accept from any source, gifts; donations of money; grants; legislative appropriations, federal, local, private; and other matching funds and incentives.  The moneys collected under this paragraph shall be deposited in the fund established under paragraph I.

III.  The commissioner shall adopt rules under RSA 541-A relative to the distribution of money from the fund, taking into consideration ability to pay, natural disaster conditions and locations, requirements for repair, replacement and treatment, and other factors as determined by the department.  The department may use a portion of appropriated funds to cover the costs of administering this chapter.

2  New Subparagraph; Application of Receipts.  Amend RSA 6:12, I(b) by inserting after subparagraph (394) the following new subparagraph:

(395)  Moneys deposited in the farmer assistance for natural disasters fund established in RSA 425:28.

3  Appropriation.  The sum of $5,000,000 for the biennium ending June 30, 2025 is hereby appropriated to the department of agriculture, markets, and food for deposit into the farmer assistance for natural disasters fund established in RSA 425:28.  The governor's office for emergency relief and recovery shall determine by September 1, 2024 if any discretionary funds appropriated in the American Rescue Plan Act of 2021, Public Law 117-2 are available for this purpose.  In making this determination, the office shall consider unallocated funds as well as any funds which have previously been allocated by the governor, but which have not been expended.  If the officer determines said funds to be available, the department of agriculture, markets, and food may expend such funds for the purposes of the farmer assistance for natural disasters fund.  The governor shall draw a warrant for the remainder out of any money in the treasury not otherwise appropriated.  Such funds shall be non-lapsing.  

4  Effective Date.  This act shall take effect July 1, 2024.

 

LBA

24-2920

12/1/23

 

SB 494-FN-A- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to establishing a farmer assistance fund.

 

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

 

 

Estimated State Impact - Increase / (Decrease)

 

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund(s)

None

 

Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source(s)

General Fund

 

Appropriations

$0

$5,000,000

$0

$0

Funding Source(s)

General Fund

American Rescue Plan Act, Discretionary Funds

• Does this bill provide sufficient funding to cover estimated expenditures? [X] Yes

• Does this bill authorize new positions to implement this bill? [X] No

 

METHODOLOGY:

This bill establishes the nonlapsing, continuously appropriated farmer assistance for natural disasters fund and makes an appropriation of $5,000,000 for the biennium ending June 20, 2025.

The Governor's Office for Emergency Relief and Recovery shall determine by September 1, 2024 if any discretionary funds from the American Rescue Plan Act are available for this purpose.  The remainder of he appropriation, up to the full amount, is from the State general fund.

 

The Department of Agriculture, Markets and Food makes the following assumptions concerning the fiscal impact of the bill:

 

  • The fund is to be expended only when a natural disaster is declared in the specific counties of the state.  Such disaster declarations would be made by the USDA.

 

  • The rules adopted by the Commissioner would provide for payments to be made on a proportional basis relative to available funding.  The rules would not provide for full funding of any claim made and would provide for a maximum percentage of loss to be paid.

 

  • Natural disasters will not occur in each fiscal year. Therfore, it is impossible to determine how much funding would be expended in a particular fiscal year.

 

  • The impact on personnel is indeterminable. In the event of a large-scale disaster the work of the Department could be negatively impacted for a period of time.  While proposed RSA 425:28, III provides that the Department may use a portion of the appropriated funds for the cost of administration, the Department assumes the bill does not provide authorization to hire staff or contract for services, therefore other work of the Department may be delayed for a period of time.

 

AGENCIES CONTACTED:

Department of Agriculture, Markets and Food