Section 146-E:3 Fund Established; Collection.


   I. There is established a fuel oil discharge cleanup fund, which shall be administered by the oil fund disbursement board established under RSA 146-D:4. This fund shall be used to reimburse costs incurred in the prevention and cleanup of fuel oil discharges in the waters and soils of the state, including administrative, technical, and legal support required by the oil fund disbursement board in administrating the fund, and in paying third party damages.
   II. A fee of $.01 per gallon of fuel oil shall be assessed at the time of importation into this state. An additional fee of $.0025 per gallon of fuel oil shall be assessed on imports after July 1, 2009. Assessment of this additional fee shall be discontinued on June 30, 2010.
   III. Persons licensed under RSA 146-A:11-b, II shall be liable for payment of fuel oil fees which shall be collected and enforced in the manner described in RSA 146-D:3, III and V. All fee revenues shall be deposited in the fuel oil discharge cleanup fund. If the fund's balance becomes greater than $2,500,000, the assessment of fees shall be discontinued and only reestablished when the fund's balance is less than $1,500,000. Until the fund balance reaches $2,000,000, at least 50 percent of the fees collected shall be allocated for reimbursements to on-premise-use facility owners and owners of land upon which on-premise-use facilities are located and for the administrative, technical, and legal support associated with such reimbursements.
   IV. Moneys collected for the fund shall be deposited with the state treasurer to the credit of said fund and may be invested as provided by law. Interest received on such investment shall also be credited to the fund.

Source. 1993, 337:1. 1997, 58:1, eff. July 1, 1997 at 12:01 a.m. 1999; 164:3, 6, eff. July 1, 1999. 2009, 231:2, eff. July 16, 2009.