Bill Text: NH HB494 | 2024 | Regular Session | Amended
Bill Title: Renaming the agricultural product and scale testing fund the agricultural products regulatory fund.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed) 2024-04-26 - Committee Amendment # 2024-1615s, Amendment Adopted, Voice Vote; 05/02/2024; Senate Journal 11 [HB494 Detail]
Download: New_Hampshire-2024-HB494-Amended.html
HB 494-FN - AS AMENDED BY THE HOUSE
4Jan2024... 2342h
2023 SESSION
23-0380
08/05
HOUSE BILL 494-FN
AN ACT renaming the agricultural product and scale testing fund the agricultural products regulatory fund.
SPONSORS: Rep. Bixby, Straf. 13; Rep. Comtois, Belk. 7; Sen. Avard, Dist 12
COMMITTEE: Environment and Agriculture
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AMENDED ANALYSIS
This bill renames the agriculture product and scale testing fund the agricultural products regulatory fund and redirects certain funds to it.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
4Jan2024... 2342h 23-0380
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT renaming the agricultural product and scale testing fund the agricultural products regulatory fund.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Agricultural Products Regulatory Fund. Amend RSA 6:12, I(b)(44) to read as follows:
(44) One-half the registration fees collected under RSA 435:20 and all fees collected under RSA 431:4, RSA 431:6, RSA 431:27, and RSA 433-A:6, which shall be credited to the agricultural [product and scale testing] products regulatory fund, established under RSA 435:20, IV.
2 Registration; Agricultural Products Regulatory Fund. 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 agricultural products regulatory fund established in RSA 435:20, IV.
3 Inspection Fees and Tonnage Reports; Agricultural Products Fund. Amend RSA 431:6 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 agricultural products regulatory fund established in RSA 435:20, IV.
4 Registration; Agricultural Products Regulatory Fund. 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] agricultural products 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.
5 Registration and Inspection Fees; Agricultural Products Regulatory Fund. Amend RSA 433-A:6 to read as follows:
433-A:6 Registration and Inspection Fees; Fund Established. The commissioner shall collect a $50 annual registration and inspection fee for each product registered. The fees collected under this section shall be deposited with the state treasurer into the [agriculture products and scale testing fund] agricultural products regulatory fund established in RSA 435:20, IV. Moneys from the fund shall be used to offset costs associated with registration and inspection of horticultural growing media.
6 Agricultural Products Fund. Amend RSA 435:20, IV-V to read as follows:
IV.(a) One-half of the fees collected under this section shall be deposited with the state treasurer into a separate, nonlapsing account to be known as the agricultural [product and scale testing] products regulatory fund. The remainder of the fees collected under this section shall be deposited in the general fund, provided that for each biennium, the commissioner of agriculture, markets, and food shall include in the department's biennial request for appropriations pursuant to RSA 9:4 an amount sufficient to fund an adequate cost of care fund as provided in RSA 437-B:1.
(b) The purpose of the agricultural products regulatory fund shall be to regulate agricultural products, including the inspection, sampling, and testing of commercial feed under RSA 435:19, plant and soil additives under RSA 431:1-a, and horticultural growing media and RSA 433-A:3 for consistency with label guarantees; undertaking compliance and enforcement actions; and contributing to the maintenance costs of the departmental electronic data processing system.
V. The commissioner shall transfer funds from the[ agricultural product and scale testing] agricultural products regulatory fund established under RSA 435:20, IV to the animal records database fund established in RSA 437:8-a to develop and make operational the animal records database. The commissioner shall certify to the secretary of state and the director of the office of legislative services the date on which the animal records database is operational. For 2 years after such certification, if needed for database operation and maintenance, the commissioner may continue to transfer additional funds from the agricultural product and scale testing fund to the animal records database fund for this purpose.
7 Effective Date. This act shall take effect July 1, 2024.
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
