SB 0047

CHAPTER 187

SB 47-FN - FINAL VERSION

AN ACT relative to refunds for tolls paid on account of shrinkage or loss by evaporation of motor fuel, relative to a transfer of funds to the highway fund, and relative to oil import and underground storage facility fees.

SPONSORS: Sen. Clegg, Dist 14; Sen. Prescott, Dist 23; Rep. Packard, Rock 75; Rep. Letourneau, Rock 77; Rep. Pepino, Hills 51

I. Modifies the eligibility and procedures for road toll refunds based on shrinkage or loss by evaporation of motor fuel.

II. Transfers a total of $1,000,000 from certain dedicated funds to the highway fund and makes certain appropriations from the highway fund.

III. Increases the oil import license fee, changes the rate of interest assessed on overdue oil import fees, and repeals underground storage facility permit fees.

IV. Allocates the first $100,000 of oil import license fees paid in each fiscal year to the general fund.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

187:1 Road Tolls; Retail Dealers; Refund Rate. Amend RSA 260:48, I to read as follows:

I. The amount of refund shall be computed at the rate of 3/4 of one percent of the toll paid on gross purchases.

I. Notwithstanding any other provision of law, the sum of $200,000 is hereby transferred from the fuel oil discharge cleanup fund established in RSA 146-E:3 to the highway fund.

II. Notwithstanding any other provision of law, the sum of $700,000 is hereby transferred from the motor oil discharge cleanup fund established in RSA 146-F:3 to the highway fund.

III. Notwithstanding any other provision of law, the sum of $100,000 is hereby transferred from the New Hampshire oil pollution control fund established in RSA 146-A:11-a to the highway fund.

IV. The sum of $600,000 for the fiscal year ending June 30, 2003 is hereby appropriated to the highway and bridge betterment account established in RSA 235:23-a. Said appropriation shall be a charge against the highway fund.

V. The sum of $200,000 for the fiscal year ending June 30, 2003 is hereby appropriated to the department of safety for the purpose of compensating state police officers for overtime worked. Said appropriation shall be a charge against the highway fund.

VI. The sum of $200,000 for the fiscal year ending June 30, 2003 is hereby appropriated to the department of safety for the purpose of purchasing highway enforcement equipment. Said appropriation shall be a charge against the highway fund.

II. Any person who imports or causes to be imported oil into the state, except those using oil pipelines, railroads, and highways to transport oil products between states other than New Hampshire or for international transport of oil products, shall be licensed by the department of safety under this chapter. The annual fee for the license shall be [~~$.001~~] $.00125 per gallon of oil imported into this state. The fee shall be paid monthly by such person to the department of safety. [~~and then deposited by~~] The department of safety shall deposit the first $100,000 of fees paid in each fiscal year into the general fund. The remainder shall be deposited into the oil pollution control fund administered by the department of environmental services. Imposition of the fee shall be based on the records of the person and certified as accurate to the department of safety.

187:4 Interest Assessed on Overdue Oil Import Fees. Amend RSA 146-A:11-b, IV to read as follows:

IV. Every person who imports or causes to be imported oil shall file a monthly report for the preceding month and shall include all fees due for that reporting period with the department of safety on or before the twentieth day of the following calendar month. Failure to file by the required date or to enclose fees due shall result in the assessment of a 10 percent penalty to be added to the amount of fees due for that month. If no fees are due, a penalty of $1 per day shall be assessed. 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 monthly rate, that figure shall be rounded off to the nearest quarter percent] commissioner of safety under RSA 260:40-a. The department may waive all or any portion of penalties or interest for good cause.

187:5 Underground Storage Facility Permit. Amend RSA 146-C:4, II to read as follows:

II. The department shall issue or deny a permit to all facilities registered under RSA 146-C:3 within 90 days of the receipt of the complete registration information. A permit issued under this section shall be displayed on the premises of the underground storage facility at all times. Permits shall be valid for a period of 5 years[~~, except as provided in paragraph III~~].

II. RSA 146-C:9, IX, relative to collection of underground storage facility permit fees.

II. Remainder shall take effect June 30, 2003)