SB 396-FN-A-LOCAL - AS INTRODUCED
2000 SESSION
SENATE BILL 396-FN-A-LOCAL
AN ACT assessing a fee on water withdrawn for commercial purposes from water supply sources in the state and establishing a public water supply land protection fund.
SPONSORS: Sen. Russman, Dist 19; Sen. Wheeler, Dist 21; Sen. Below, Dist 5; Sen. McCarley, Dist 6; Sen. D'Allesandro, Dist 20; Rep. Blanchard, Rock 33; Rep. Norelli, Rock 31; Rep. O'Connell, Hills 13; Rep. Cooney, Rock 26; Rep. Richardson, Ches 12
This bill establishes a fee of $.02 per gallon of water withdrawn from a water supply source in New Hampshire for the purpose of sale as bottled water. Proceeds of the fee shall be deposited in a special account to provide grants for the purchase of land or easements for the purpose of protecting drinking water sources. This bill also requires persons who withdraw water for the purpose of commercial bottling to register with the department of environmental services.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2344
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT assessing a fee on water withdrawn for commercial purposes from water supply sources in the state and establishing a public water supply land protection fund.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; State Treasurer and State Accounts; Application of Receipts; General Revenue; Exceptions; Public Water Supply Land Protection Fund. Amend RSA 6:12, I by inserting after subparagraph (zzz) the following new subparagraph:
(aaaa) Moneys collected pursuant to RSA 486-A:11 which shall be deposited in the public water supply land protection fund.
2 New Section; Water Management and Protection; Aid to Public Water Systems; Water Withdrawal Fee, Public Water Supply Land Protection Fund. Amend RSA 486-A by inserting after section 10 the following new section:
486-A:11 Water Withdrawal Fee, Public Water Supply Land Protection Fund.
I. There is hereby established the public water supply land protection fund. This fund shall be used, consistent with the provisions of this chapter, to provide grants for the purchase of land or easements for the purpose of protecting drinking water sources. The fund shall be funded by a fee on water at the point of withdrawal from a water supply source, when the intended purpose of the withdrawal is to sell the water as bottled water, as that term is used in RSA 143.
II. Any person who withdraws water for the purpose of commercial bottling shall register with the department. Any person licensed by the department of health and human services pursuant to RSA 143:11 shall be considered registered with the department of environmental services.
III. A fee of $.02 per gallon of water withdrawn from a water supply source in New Hampshire for the purpose of sale as bottled water shall be assessed at the time of withdrawal. No person shall bottle or export water from this state prior to paying the fee required by this section.
IV. Moneys collected pursuant to this section shall be deposited with the state treasurer to the credit of the public water supply land protection fund. Moneys in the fund may be invested as provided by law. Interest received on such investment shall be credited to the fund.
V. The fee established by this section shall be collected by agents of the department. For purposes of determining the amount of the fee assessed, each person registered shall, on or before the twentieth day of each calendar month, render a return to the department on forms prescribed and furnished by the department. Such return shall show the total number of gallons withdrawn during the previous calendar month, together with such other information as the department may require for the reasonable administration of this section.
VI. Failure to file by the required date shall result in the assessment of a 10 percent penalty to be added to the amount of fees due for that month. Said penalty shall immediately accrue, and thereafter the overdue fees and the penalty shall bear interest at the rate established by the Internal Revenue Service effective on the first business day of the calendar year. To this rate shall be added 2 percent. In determining the annual rate, that figure shall be rounded off to the nearest quarter percent. The department may waive all or any portion of such penalties for good cause.
VII. Except as otherwise provided in this section, any person who violates any provision of this section shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.
3 Effective Date. This act shall take effect July 1, 2000.
LBAO
00-2344.0
12/14/99
SB 396 FISCAL NOTE
AN ACT accessing a fee on water withdrawn for commercial purposes from water supply sources in the state and establishing a public water supply land protection fund.
FISCAL IMPACT:
The Department of Environmental Services indicates this bill will increase state restricted revenue by $1,474,600 and increase state restricted expenditures by $50,000 in FY 2001 and each year thereafter. There is no fiscal impact on county and local revenue or expenditures.
METHODOLOGY:
The Department determined the fiscal impact of this bill by using information from entities withdrawing water in excess of 20,000 gallons per day that currently are required to report to the Department. Based on this reporting, the Department determined that on average, 202,000 gallons are withdrawn for bottled water. The Department then calculated the increase in state restricted revenue to be deposited in a dedicated account to total $1,474,600 (202,000 gallons x 365 days x $.02 (proposed fee).
The Department assumed that state restricted expenditures would increase by $50,000 for administrative expenses for one Accountant to collect and track fees.
The Department stated this bill establishes a new special fund to be known as the public water supply protection fund. Expenses incurred and revenue generated as a result of this bill, will be a charge on this account.