0293-hb 1414

CHAPTER 293

HB 1414 - FINAL VERSION

AN ACT authorizing the department of environmental services to discuss with the other states the use of a regional gasoline containing less or no MTBE, promoting the use of less polluting marine engines by the state and others, extending the reporting date of the committee to study the requirements for usage of MTBE, and addressing municipal purchase, construction, or operation of certain fossil fuel facilities.

SPONSORS: Rep. Bradley, Carr 8; Rep. MacGillivray, Hills 21; Rep. Norelli, Rock 31; Rep. Maxfield, Merr 9; Rep. M. Downing, Rock 26; Sen. Wheeler, Dist 21; Sen. Below, Dist 5; Sen. Johnson, Dist 3

I. Authorizes the commissioner of environmental services to discuss with other states the use of a regional gasoline containing less or no MTBE, and to promote the usage of less polluting 4-cycle marine engines by the state and others.

II. Extends the report date for the committee to study requirements for and usage of methyl t-butyl ether.

III. Provides that no municipal electric utility or municipality may, after July 1, 2000, purchase, construct, or operate any fossil fuel plants for the manufacture of electricity and sale to customers beyond the bounds of the municipality, unless the utility or municipality petitions the department of environmental services and is granted permission.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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

I. The United States Environmental Protection Agency's National Blue Ribbon Panel on MTBE has recently examined oxygenates in gasoline in general, and methyl t-butyl ether (MTBE) in particular, and has concluded that the oxygenate requirement for gasoline of the federal Clean Air Act should be eliminated and that the use of MTBE in gasoline should be phased out.

II. State by state standards for gasoline composition would result in a complex and inefficient regulatory system for fuels, with negative financial effects on refiners and consumers.

III. Therefore, the department of environmental services should aggressively pursue options for establishing consistent requirements for gasoline composition on a regional basis. The total environmental impacts on air and water of any proposed regional gasoline formulations should be carefully examined.

IV. Since 4-cycle marine engines, and redesigned 2-cycle marine engines that meet federal model year 2007 standards, are far less polluting than existing 2-cycle marine engines, the state should encourage the use of these cleaner marine engines by the state and others. The general court commends those state agencies that have already decided to purchase only these cleaner marine engines, including the departments of safety and environmental services, and strongly encourages all other state agencies to do so as well.

V. It is desirable that municipal electric utilities continue to be allowed to construct or purchase electricity generation plants. It is also desirable that the state retain the authority to establish and implement environmental and safety regulations for such plants on an equitable financial basis with other electricity generation plants with which they compete. Therefore, the general court specifically limits its grant of authority to municipal electric utilities to construct or purchase electricity generation plants by stating that this authority may be exercised only if the municipal electric utility understands that by undertaking such action it will be subject to all environmental and safety regulations regarding such plants, and that no future environmental or safety regulation of such plants shall in any way be construed as "new, expanded, or modified programs or responsibilities" under part 1, article 28-a of the state constitution.

293:2 Authority of the Commissioner of Environmental Services. The commissioner of environmental services shall have the authority to:

I. Discuss and encourage the development of a regional gasoline containing less or no MTBE additive with the appropriate departments and agencies in other states, especially northeastern states.

II. Promote the use of less polluting 4-cycle marine engines, and redesigned 2-cycle marine engines that meet federal model year 2007 standards, by the state and others.

293:3 Committee to Study Requirements for and Usage of Methyl T-Butyl Ether; Report; Date Extended. Amend 1999, 55:6 to read as follows:

55:6 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before November 1, [~~1999~~] 2000.

293:4 New Section; Municipal Electric, Gas, Or Water Systems; Limitation On Purchase Of Certain Fossil Fuel Facilities. Amend RSA 38 by inserting after section 36 the following new section:

38:37 Limitation on Purchase, Construction, or Operation of Certain Fossil Fuel Facilities.

I. Except as provided in paragraph II, no municipal electric utility or municipality may, after July 1, 2000, purchase, construct, or operate any fossil fuel plants for the manufacture of electricity and sale to customers beyond the bounds of the municipality.

II. Following consultation with the department of environmental services to adequately address present and future environmental impacts, a municipality or a municipal electric utility may petition the department for specific permission for such acquisition, operation, or construction.