HB1797: adding a 50 percent charge to all amounts assessed to persons liable for costs of containment, cleanup, and remediation of water, air and soil pollution.

HB 1797-FN-A - AS INTRODUCED

2018 SESSION

18-2070

08/10

HOUSE BILL 1797-FN-A

AN ACT adding a 50 percent charge to all amounts assessed to persons liable for costs of containment, cleanup, and remediation of water, air and soil pollution.

SPONSORS: Rep. McConnell, Ches. 12; Rep. Hynes, Hills. 21; Rep. Edgar, Rock. 21; Rep. Fraser, Belk. 1; Rep. Messmer, Rock. 24; Rep. Cushing, Rock. 21

COMMITTEE: Resources, Recreation and Development

ANALYSIS

This bill adds a 50 percent charge to all amounts assessed to persons liable for costs of containment, cleanup, and remediation of water, air and soil pollution.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2070

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eighteen

AN ACT adding a 50 percent charge to all amounts assessed to persons liable for costs of containment, cleanup, and remediation of water, air and soil pollution.

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

1 New Paragraph; Air Toxic Control Program; Penalties. Amend RSA 125-I:8 by inserting after paragraph IV the following new paragraph:

V. Whenever the commissioner finds a person has violated the provisions of this chapter, any rules in force hereunder, or any condition in a permit issued under this chapter, such person shall also be responsible for remitting a penalty in the amount of 50 percent of the cost to remediate the violation to be deposited in the state general fund.

2 New Paragraph; Air Pollution Control; Penalties. Amend RSA 125-C:15 by inserting after paragraph IV the following new paragraph:

V. Whenever the commissioner finds a person has violated the provisions of this chapter, any rules in force hereunder, or any condition in a permit issued under this chapter, such person shall also be responsible for remitting a penalty in the amount of 50 percent of the cost to remediate the violation to be deposited in the state general fund.

3 New Paragraph; Hazardous Waste Management; Penalties. Amend RSA 147-A:16-a by inserting after paragraph III the following new paragraph:

IV. Whenever a person is found guilty of a violation of this chapter, such person shall also be responsible for remitting a penalty in the amount of 50 percent of the cost to remediate the violation to be deposited in the state general fund.

4 New Paragraph; Solid Waste Management; Penalties. Amend RSA 149-M:15 by inserting after paragraph VIII the following new paragraph:

IX. Whenever the commissioner finds a person has violated the provisions of this chapter, any rules in force hereunder, or any condition in a permit issued under this chapter, such person shall also be responsible for remitting a penalty in the amount of 50 percent of the cost to remediate the violation to be deposited in the state general fund.

5 New Paragraph; Solid Waste Management; Toxics Reduction. Amend RSA 149-M:38 by inserting after paragraph VI the following new paragraph:

VII. Whenever the commissioner finds a person has violated the provisions of this chapter, any rules in force hereunder, or any condition in a permit issued under this chapter, such person shall also be responsible for remitting a penalty in the amount of 50 percent of the cost to remediate the violation to be deposited in the state general fund.

6 New Paragraph; Water Pollution and Waste Disposal; Enforcement. Amend RSA 485-A:15 by inserting after paragraph V the following new paragraph:

VI. Whenever the commissioner finds a person has violated the provisions of this chapter, any rules in force hereunder, or any condition in a permit issued under this chapter, such person shall also be responsible for remitting a penalty in the amount of 50 percent of the cost to remediate the violation to be deposited in the state general fund.

7 New Paragraph; Sewage Disposal Systems; Penalties. Amend RSA 485-A:43 by inserting after paragraph V the following new paragraph:

VI. Whenever the commissioner finds a person has violated the provisions of this chapter, any rules in force hereunder, or any condition in a permit issued under this chapter, such person shall also be responsible for remitting a penalty in the amount of 50 percent of the cost to remediate the violation to be deposited in the state general fund.

8 New Paragraph; Soil Pollution; Penalties. Amend RSA 12-E:12 by inserting after paragraph III the following new paragraph:

IV. Whenever the commissioner finds a person has violated the provisions of this chapter, any rules in force hereunder, or any condition in a permit issued under this chapter, such person shall also be responsible for remitting a penalty in the amount of 50 percent of the cost to remediate the violation to be deposited in the state general fund.

9 Effective Date. This act shall take effect January 1, 2019.

LBAO

18-2070

12/7/17

HB 1797-FN-A- FISCAL NOTE

AS INTRODUCED

AN ACT adding a 50 percent charge to all amounts assessed to persons liable for costs of containment, cleanup, and remediation of water, air and soil pollution.

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

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Expenditures

$0

$0

$0

$0

Funding Source:

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

METHODOLOGY:

The Department of Environmental Services indicates this bill would require the Department to ascertain the amount of money a violator spent to remediate the violation. Fifty percent of the amount would be added to the penalty assessed for the violation and the additional money would be deposited in the State General Fund. The Department does not expect this bill would impact the revenue or expenditure of the Department, but states it would increase revenue to the general fund by an interminable amount. The Department is not able to estimate the impact on general fund revenue as it does not currently collect information on how much a violator spent on "remediating" a violation and it is not clear what costs would be considered remediation costs.

In addition, the bill amends RSA 12-E concerning Mining and Reclamation to add an additional penalty of 50 percent the remediation cost to be deposited in the State General Fund. The Department of Natural and Cultural Resources indicates there are currently two quarries permitted under this chapter and there have been no violations where the Department has pursued an enforcement action. The Department states, while the potential exists for future violations, any potential impact on state revenue cannot be determined.

AGENCIES CONTACTED:

Departments of Environmental Services and Natural and Cultural Resources