Bill Text: NH HB614 | 2019 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Increasing penalties and fines for air pollution and water pollution.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2019-07-24 - Signed by Governor Sununu 07/19/2019; Chapter 263; Eff: 01/01/2020 [HB614 Detail]

Download: New_Hampshire-2019-HB614-Introduced.html

HB 614-FN - AS INTRODUCED

 

 

2019 SESSION

19-0506

08/05

 

HOUSE BILL 614-FN

 

AN ACT increasing penalties for air pollution.

 

SPONSORS: Rep. Rung, Hills. 21; Rep. Backus, Hills. 19; Rep. Danielson, Hills. 7; Sen. Fuller Clark, Dist 21

 

COMMITTEE: Science, Technology and Energy

 

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ANALYSIS

 

This bill increases penalties for air pollution violations.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0506

08/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT increasing penalties for air pollution.

 

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

 

1  Air Pollution Control; Penalties.  Amend RSA 125-C:15, I-b-IV 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] $4,000 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.

(a)  Notice and hearing prior to the imposition of an administrative fine shall be in accordance with RSA 541-A and procedural rules adopted by the commissioner pursuant to RSA 541-A:16.

(b)  The commissioner shall determine fines based on the following:

(1)  For a minor deviation from a requirement causing minor potential for harm, the fine shall be not less than $100 and not more than [ $1,000] $2,000.

(2)  For a minor deviation from a requirement causing moderate potential for harm, the fine shall be not less than $601 and not more than [$1,250] $2,500.

(3)  For a minor deviation from a requirement causing major potential for harm, the fine shall be not less than $851 and not more than [$1,500] $3,000.

(4)  For a moderate deviation from a requirement causing minor potential for harm, the fine shall be not less than $601 and not more than [$1,250] $2,500.

(5)  For a moderate deviation from a requirement causing moderate potential for harm, the fine shall be not less than $851 and not more than [$1,500] $3,000.

(6)  For a moderate deviation from a requirement causing major potential for harm, the fine shall be not less than $1,251 and not more than [$1,750] $3,500.

(7)  For a major deviation from a requirement causing minor potential for harm, the fine shall be not less than $851 and not more than [$1,500] $3,000.

(8)  For a major deviation from a requirement causing moderate potential for harm, the fine shall be not less than $1,251 and not more than [$1,750] $3,500.

(9)  For a major deviation from a requirement causing major potential for harm, the fine shall be not less than $1,501 and not more than [$2,000] $4,000.

(c)  The commissioner may assess an additional fine for repeat violations.

(d)  Each day of violation shall constitute a separate offense.

II.  Any violation of the provisions of this chapter, or of any rule adopted or order issued under it, or of any condition in a permit issued under it, shall be subject to enforcement by injunction, including mandatory injunction, issued by the superior court upon application of the attorney general.  Any such violation shall also be subject to a civil forfeiture to the state of not more than [$25,000] $50,000 for each violation, and for each day of a continuing violation.

III.  Any person who violates any of the provisions of this chapter, or any rule adopted or order issued under this chapter, or any condition of a permit issued under this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

IV.  Notwithstanding RSA 651:2, any person may, in addition to any sentence of imprisonment, probation, or conditional discharge, be fined not more than [$25,000] $50,000 if found guilty of any violation pursuant to RSA 125-C:15, III.  Each day of violation shall constitute a separate offense.

2  Effective Date.  This act shall take effect January 1, 2020.

 

LBAO

19-0506

1/14/19

 

HB 614-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT increasing penalties for air pollution.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   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:

This bill increases the penalties for air pollution.  The Department of Environmental Services states this bill would double the maximum penalties established in RSA 125-C:15.  The Department indicates the Division of Air Resources has authority to impose penalties pursuant to several other statutes which reference the amounts in RSA 125-C.  These include:

  • RSA 125-D:4  (Acid Rain)
  • RSA 125-I:3-a (Air Toxics)
  • RSA 125-M:6  (Mercury)
  • RSA 141-E:16 (Asbestos)

The money received from the penalties imposed under these laws is deposited into the general fund except for amounts received under RSA 141-E:16  which is deposited in the asbestos fund.  The Department indicates, while the bill would double the maximum fine amounts, it is not necessarily the case that penalties actually imposed would double.  Therefore the amount of additional revenue that would be received by the general fund and the asbestos fund is indeterminable.  In addition, the bill specifies that each day of violation shall constitute a separate offense which could significantly increase the amount of fines.  The Department does not expect state expenditures or county and local revenue or expenditures would be impacted by the bill.

      

AGENCIES CONTACTED:

Department of Environmental Services

 

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