Bill Text: NH HB1226 | 2012 | Regular Session | Introduced
Bill Title: Directing department of environmental services administrative fine revenue to a special fund for environmental enforcement.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Failed) 2012-02-08 - House Inexpedient to Legislate: Motion Adopted Voice Vote; House Journal 15, PG.855 [HB1226 Detail]
Download: New_Hampshire-2012-HB1226-Introduced.html
HB 1226-FN-A – AS INTRODUCED
2012 SESSION
06/10
HOUSE BILL 1226-FN-A
AN ACT directing department of environmental services administrative fine revenue to a special fund for environmental enforcement.
SPONSORS: Rep. Abrami, Rock 13; Rep. Peckham, Rock 13; Rep. Shuler, Rock 11; Rep. Ohm, Hills 26; Rep. Ward, Rock 13
This bill creates a dedicated fund to receive administrative fines assessed by the department of environmental services and directs certain fines to such fund.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2214
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT directing department of environmental services administrative fine revenue to a special fund for environmental enforcement.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Department of Environmental Services; Dedicated Fund. Amend RSA 21-O by inserting after section 1-a the following new section:
21-O:1-b Administrative Fine Fund. There is established in the department of environmental services a separate, nonlapsing fund to be known as the administrative fine fund. All sums deposited in this fund shall be continually appropriated for the purpose of enforcing department rules.
2 Air Pollution Control; Enforcement. Amend the introductory paragraph of RSA 125-C:15, I-b to read as follows:
I-b. 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, any rule adopted pursuant to this chapter, or any permit, compliance schedule, stop use order, or order of abatement, issued pursuant to 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 imposed pursuant to this paragraph shall be deposited in the [general fund] administrative fine fund established under RSA 21-O:1-b.
3 Acid Rain Control; Administrative Fines. Amend the introductory paragraph of RSA 125-D:4 to read as follows:
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, any rule adopted pursuant to this chapter, or any permit or order issued pursuant to 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 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 imposed pursuant to this section shall be deposited in the [general fund] administrative fine fund established under RSA 21-O:1-b.
4 Air Toxic Control; Administrative Fines. Amend the introductory paragraph of RSA 125-I:3-a to read as follows:
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, any rule adopted pursuant to this chapter, or any permit or order issued pursuant to 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 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 imposed pursuant to this section shall be deposited in the [general fund] administrative fine fund established under RSA 21-O:1-b.
5 Emissions Reduction Trading Programs; Enforcement. Amend the introductory paragraph of RSA 125-J:8, I-a to read as follows:
I-a. 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, any rule adopted pursuant to this chapter, or any permit, compliance schedule, stop use order, or order of abatement issued pursuant to 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 imposed pursuant to this paragraph shall be deposited in the [general fund] administrative fine fund established under RSA 21-O:1-b.
6 Multiple Pollution Reduction Program. Amend the introductory paragraph of RSA 125-O:7, III to read as follows:
III. 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 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 imposed pursuant to this paragraph shall be deposited in the [general fund] administrative fine fund established under RSA 21-O:1-b.
7 Solid Waste Management; Administrative Fines. Amend the introductory paragraph of RSA 149-M:16, to read as follows:
149-M:16 Administrative Fines. 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 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 imposed pursuant to this paragraph shall be deposited in the administrative fine fund established under RSA 21-O:1-b. The commissioner shall adopt rules, under RSA 541-A, relative to:
8 Toxics Reduction; Enforcement. Amend RSA 149-M:38, VI to read as follows:
VI. The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each violation upon any person who violates any provision of this subdivision, any rule adopted under this subdivision, any condition in any exemption granted under this subdivision, or any order issued pursuant to this subdivision or who makes or certifies a material false statement relative to any certificate of compliance required by 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 paragraph shall not preclude the imposition of other penalties under this chapter. The proceeds of administrative fines imposed pursuant to this paragraph shall be deposited in the administrative fine fund established under RSA 21-O:1-b.
9 New Hampshire Water Well Board; Enforcement and Penalties. Amend RSA 482-B:16, VI to read as follows:
VI. All moneys collected under this section shall be [forwarded to the state treasurer and deposited into the general fund as unrestricted revenue] deposited by the department in the administrative fine fund established under RSA 21-O:1-b.
10 New Hampshire Safe Drinking Water Act; Enforcement and Penalties. Amend the introductory paragraph of RSA 485:58, 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 chapter including any rule adopted under the provisions of 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 section 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 department in the [general fund] administrative fine fund established under RSA 21-O:1-b. The commissioner shall adopt rules, under RSA 541-A, relative to:
11 Water Pollution and Waste Disposal; Penalties. Amend the introductory paragraph of RSA 485-A:22, 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 or, RSA 485-A:4-6, any rule adopted under this subdivision or RSA 485-A:4-6, or any permit issued under the authority of this subdivision or RSA 485-A:4-6. 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 chapter. The proceeds of administrative fines levied pursuant to this paragraph shall be deposited by the department in the [general fund] administrative fine fund established under RSA 21-O:1-b. The commissioner shall adopt rules, under RSA 541-A, relative to:
12 Water Pollution and Waste Disposal; Penalty. Amend the introductory paragraph of RSA 485-A:28, II to read as follows:
II. The commissioner, after notice and hearing, 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 license or approval issued under 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 chapter. The proceeds of administrative fines levied pursuant to this paragraph shall be deposited in the [general fund] administrative fine fund established under RSA 21-O:1-b. The commissioner shall adopt rules, under RSA 541-A, relative to:
13 Sewage Disposal Systems; Penalties. Amend the introductory paragraph of RSA 485-A:43, 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 including any rule adopted under the provisions of 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 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 [general fund] administrative fine fund established under RSA 21-O:1-b. The commissioner shall adopt rules, under RSA 541-A, relative to:
14 Groundwater Protection; Administrative Fines. Amend the introductory paragraph of RSA 485-C:18 to read as follows:
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 this chapter or any rule, permit, or order adopted or issued under 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 imposed pursuant to this paragraph shall be deposited in the administrative fine fund established under RSA 21-O:1-b. The commissioner shall adopt rules, under RSA 541-A, relative to:
15 Control of Marine Pollution and Aquatic Growth; Penalty; Administrative Fines. Amend the introductory paragraph of RSA 487:7, II to read as follows:
II. 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 chapter, any lawful rule of the department adopted under this chapter, or any lawful order issued by the department 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 section 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 department in the [general fund] administrative fine fund established under RSA 21-O:1-b.
16 Water Management; Administrative Fines. Amend RSA 488:8, III to read as follows:
III. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter. The commissioner may assess additional fines upon any person who has received written notification from the department regarding violations of the provisions of this chapter or rules adopted pursuant to this chapter, if the violations have not been mitigated within 30 days of receipt of notification. The proceeds of administrative fines imposed pursuant to this paragraph shall be deposited in the administrative fine fund established under RSA 21-O:1-b.
17 New Subparagraph; Application of Receipts. Amend RSA 6:12, I(b) by inserting after subparagraph (307) the following new subparagraph:
(308) Moneys deposited in the administrative fine fund established under RSA 21-O:1-b.
18 Effective Date. This act shall take effect July 1, 2012.
LBAO
12-2214
11/04/11
HB 1226-FN-A - FISCAL NOTE
AN ACT directing department of environmental services administrative fine revenue to a special fund for environmental enforcement.
FISCAL IMPACT:
The Department of Environmental Services states this bill may increase state restricted revenue and expenditures, and decrease state general fund revenue and expenditures by an indeterminable amount in FY 2013 and each year thereafter. There is no fiscal impact on county and local revenue or expenditures.
METHODOLOGY:
The Department of Environmental Services states this bill establishes a new dedicated fund titled the administrative fine fund to enforce the Department’s rules and directs administrative fine revenue collected by the Department under the 15 statutes identified in the bill to no longer be deposited into the general fund but rather into the administrative fine fund. The Department states it does not have the data to determine the exact fiscal impact of this bill. However the Department initiated 43 administrative fine cases under the 15 statutes identified in the bill between calendar years 2006 through 2010, averaging 8 to 9 cases per year. Based on those cases, the Department estimates that it assesses approximately $89,000 in administrative fines, suspends approximately $21,000 and collects approximately $31,000. This bill may decrease general fund revenue and expenditures and increase restricted revenue and expenditures by an indeterminable amount in FY 2013 and each year thereafter.
