HB 1477-FN - AS INTRODUCED
2024 SESSION
24-2630
08/05
HOUSE BILL 1477-FN
SPONSORS: Rep. Potenza, Straf. 19; Rep. Haskins, Rock. 11
COMMITTEE: Resources, Recreation and Development
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ANALYSIS
This bill directs the commissioner to develop a program requiring environmental surety bonds for businesses that pose a significant risk to the state's natural resources.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2630
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Duties of Commissioner; Surety Bonds. Amend RSA 21-O:3 by inserting after paragraph X the following new paragraph:
XI. Identify industries doing business in the state that could potentially pollute the air, water, or soil and require persons working in such industries to have surety bonds in place during the licensing process. The commissioner shall develop a formula to calculate the amount of the bond based on a percentage that would adequately compensate citizens for environmental damages caused by the person and to assist in remediation efforts. The commissioner shall further develop a program to evaluate and renew bonds yearly considering factors such as company growth and profits.
2 Effective Date. This act shall take effect 60 days after its passage.
24-2630
11/14/23
HB 1477-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None
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Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | ||
Funding Source(s) | General Fund
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Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None
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• Does this bill provide sufficient funding to cover estimated expenditures? [X] No • Does this bill authorize new positions to implement this bill? [X] No
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METHODOLOGY:
This bill directs the Commissioner of Environmental Services to develop a program requiring environmental surety bonds for businesses that pose a significant risk to the state's natural resources. The Department of Environmental Services assumes the term “persons working in such industries” is intended to mean business owners or managers and the term “licensing” is intended to refer to the Department's permitting programs. The Department states such a program would require a new bureau with additional positions necessary to:
- develop the criteria and rules for the bond requirement,
- identify applicable businesses (or “persons”),
- develop estimates of potential environmental damages,
- manage, track and enforce bonding requirements, and
- calculate damages for awards.
As no criteria are provided in the bill, the bill could potentially impose bonding requirements on thousands of businesses or persons. Estimating the number of new staff necessary to implement the requirements is not possible at this time. Such requirements could cost in the hundreds of thousands, if not millions, of dollars of new staff time.
Although incalculable, the Department presumes the bill would give rise to numerous requests for compensation by citizens and lead to continuous litigation requiring testimony by the Department's staff. If the term “persons” refers to all persons working in identified businesses, the requirement could potentially apply to hundreds of thousands of employees in the state and therefore be unmanageable and unenforceable.
It is assumed any fiscal impact would not occur until FY 2025.
AGENCIES CONTACTED:
Department of Environmental Services